![]() The Legislative Process Summary
The standing rules of the Senate promote deliberation by permitting
Senators to debate at length and by precluding a simple majority from
ending a debate when they are prepared to vote to approve a bill or other
matter. This right of extended debate permits filibusters that can be brought
to an end if the Senate invokes cloture, usually by a vote of three-fifths of all
Senators. Even then, debate can continue under cloture for an additional
thirty hours. The possibility of filibusters encourages the Senate to seek
consensus whenever possible and to conduct business under the terms of
unanimous consent agreements that limit the time available for debate.
Except when the Senate is considering appropriations, budget, and certain
other measures, Senators also may propose floor amendments that are not
germane to the subject or purpose of the bill being debated. This permits
individual Senators to raise issues and have the Senate vote on them, even if
they have not been studied and evaluated by the appropriate standing
committees. Similarly, Senators can bypass the committee system by
introducing measures and having them placed directly on the Calendar of
Business without having been referred to committee at all.
These characteristics of Senate rules make the Senate's daily floor schedule
potentially unpredictable unless all Senators agree by unanimous consent to
accept limits on their right to debate and offer non-germane amendments to
a bill. Also to promote predictability and order, Senators traditionally have
agreed to give certain procedural privileges to the Majority Leader. The
Majority Leader enjoys priority in being recognized to speak and only the
Majority Leader (or a Senator acting at his behest) proposes what bills and
resolutions the Senate should consider.
Thus, the legislative process on the Senate floor reflects a balance between
the rights guaranteed to Senators under the standing rules and the
willingness of Senators to forego exercising some of these rights in order to
expedite the conduct of business.
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