Can the Supreme Court overturn the Senate rule change if Frist succeeds?

[ztn]

I was thinking of this before. Are issues like the "nuclear option" involving senate rule changes in governance like the filibuster subject to review by the courts?

Anybody know for sure?

[WoodrowFan]

no

the Constitution gives the Senate the right to make its own rules.

[ztn]

8. Thanks. I figured it was how you said but I wasn't sure.

Oh well

[hedda_foil]

1. No, they can't.

It's a Senate rule, not a law. Constitutionally, the Senate sets its own rules and follows its own traditions.

[Nite Owl]

2. But if they are claiming that the

filibuster is unconstitutional then wouldn't someone else need to decide?

[beaconess]

5. No. The Senate makes its own rules and no other branch of govt

can second-guess them. If a majority of Senators decides tomorrow that the Committee structure is unconstitutional or that 95 votes are required to pass legislation, unless the Constitution sets out how a matter must be voted on (such as treaties or constitutional amendments, for example), there's nothing the Supreme Court can do about it.

[ztn]

9. Thanks. I figured it was how you said but I wasn't sure.

[napi21]

3. NO, but they can filibuster every other action in the Senate!

As I understand it, this is what they mean by shuting down the Senate! You do realize this worked in the House with the rules change to the committee that was to check out Tom DeLay! It turned out that the committee couldn't meet without the Dems, and the Pubs finally had to change the rules back!!!

[Dr.Phool]

4. They wouldn't even have to filibuster

To shut down the business of the Senate. Under unanimous consent, most bills are never read on the floor. If just one Senator requests a specific bill to be read-or all bills, they have to do it.

Think of how long it would take clerks to read out loud, a 4,000 page appropriations bill. Or all the relevent laws that the Patriot Act changes. Or the Transportation bill. It could drag on for years.

[DrGonzoLives]

6. Quorum calls as well

That slows things down.

Useless amendments, filibusters, etc. there are all sorts of fun parliamentary tricks to grind the Senate to a halt.

[forgethell]

7. Actually, that sounds like a pretty

good thing to do, anyway. think of how much crap is slipped into bills that no one, no one, knows about except the slipee.