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CRS INSIGHT


Eight Mechanisms to Enact Procedural

Change in the U.S. Senate

March 20, 2018 (IN10875)




Related Author

    * hristopher M Davis





Christopher M. Davis, Analyst on Congress and the Legislative Process
(cmdas    c, 7-0656)


Recently, individuals both inside and outside of Congress have called for an examination of
the U.S. Senate's procedural rules with an eye toward changing them. This Insight highlights
eight parliamentary mechanisms that might be used to implement procedural change in the
Senate and links to additional reading material on the subject.

The work of the U.S. Senate is regulated not just by its 44 standing rules but by multiple,
sometimes overlapping, procedural authorities. At any given time, unanimous consent
agreements, standing orders, statute, precedent, and provisions of the U.S. Constitution may
also regulate the Senate as it processes its legislative and executive business. It is perhaps
natural for those seeking changes to Senate procedures to think in terms of amending Senate
rules, but directly amending the standing rules of the Senate is only one way to affect
chamber procedures. Because some Senate actions are, or may be, controlled by multiple
authorities, it is sometimes possible to achieve the same procedural outcome using more than
one parliamentary mechanism. While each mechanism may achieve identical ends, each may
also have procedural advantages and disadvantages that make it a more or less desirable path
for action in a given instance. Here are eight such mechanisms:

      1. Amend the standing rules. Because the Senate is a continuing body, its standin
      r   remain in force from Congress to Congress unless changed. A motion to proceed
      to consider a resolution (S.Res.) reported by a committee directly amending the Senate's
      standing rules is always debatable and requires one day's written notice. If a unanimous

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