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To: xzins; tx_eggman
Preventing it going through the Senate simply means that it has not met the 2/3rds requirement of Senate approval.

tx_eggman is right, xzins, you've got it wrong.

2/3 of Senators present can ratify a treaty.

For example...
@ PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

S10667

The PRESIDING OFFICER. A division has been requested.
Senators in favor of the ratification of this treaty, please raise their hand. (After a pause.) Those opposed will raise their hands.
With two-thirds of the Senators present having voted in the affirmative, the resolution of ratification is agreed to.
Mr. THOMAS. I thank the Presiding Officer, the Senator from West Virginia, and the clerk.
By the way, just for information, these treaties were all approved by the Foreign Relations Committee on October 4 and 5.

2/3 of the Senate wasn't there. Those present voted for the ratification. The quorum call was rescinded with no objection. That's 34 treaties ratified with a hand count!
It doesn't matter if they aren't present when the vote comes up.

So we have the potential of all these "stand up guys" simply not showing up when it comes time to vote and they can then truthfully claim "I was against this treaty".

They need to formalize their intent to object.
Executive Calendar

When a notice of intent to object is given to the appropriate leader, or their designee, and such notice is submitted for inclusion in the Congressional Record and the Senate Executive Calendar, or following the objection to a unanimous consent to proceeding to, and, or disposition of, matters relating to nominations and treaties on their behalf, it shall be placed in the section of the Senate Executive Calendar entitled “Notice of Intent to Object ”. (S. Res. 28, 112th Congress) Don't forget the importance of this either... When a notice of intent to object is given to the appropriate leader, or their designee, and such notice is submitted for inclusion in the Congressional Record and the Senate Executive Calendar...

It could be ratified due to one person simply not doing their job properly.

Senate Consideration of Treaties September 15, 2009

Under Article II, Section 2 of the Constitution, the final vote on agreeing to the resolution of ratification, with whatever reservations or other propositions may have been attached to it, requires a vote of two-thirds of the Senators present and voting (a quorum being present). A two-thirds vote also is required to agree to a motion to postpone indefinitely further consideration of the treaty and accompanying resolution, because adopting that motion has the effect of disposing of the treaty permanently.

@ quorum
The number of senators that must be present for the Senate to do business. The Constitution requires a majority of senators (51) for a quorum. Often, fewer senators are actually present on the floor, but the Senate presumes that a quorum is present unless the contrary is shown by a roll call vote or quorum call.

113 posted on 07/18/2012 8:52:53 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36; All

“2/3 of Senators present can ratify a treaty.”

Good find, Philman-

Now watch them schedule a midnight session on Xmas eve!

There is also the possiblity of Obama ramming it through in s lame duck session.

We considered them needing to be ratified in the past because the Senate would not have dared played the tricks we’ve seen lately, nobody even considered the possiblity of the upper house refusing to even VOTE on a budget until now, right?


121 posted on 07/18/2012 9:31:40 AM PDT by Reaganite Republican
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To: philman_36

Good information, Phil.

However, the point is that the president cannot unilaterally sign a treaty AND have that treaty be the supreme law of the land.

Therefore, the Senate must have the 2/3rd vote for it to be ratified. Whether the full Senate or merely 2/3 of a quorum, the vote still must take place for the treaty to become law.

Of course, all 34 of the objecting senators SHOULD forward their notice of intent to object.


122 posted on 07/18/2012 9:39:23 AM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
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To: philman_36

Do votes in the Senate require scheduling and reasonable notification?


141 posted on 07/18/2012 11:36:35 AM PDT by Gene Eric (Demoralization is a weapon of the enemy. Don't get it, don't spread it!)
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To: philman_36; xzins; SpinnerWebb
xzins ... do NOT, I repeat, do NOT trifle with philman when the issue is Rules of the Senate.

I had a "terrifying" interaction with him a few days ago ...I haven't been able to go to sleep without the light on since then:

Linky Thing: I first peak philman's interest
Linky Thing: philman responds
Linky Thing: I point out philman's anal/ocd tendencies
Linky Thing: philman gets his panties in a wad
Linky Thing: philman wasn't done yet
Linky Thing: I answer philman's question
Linky Thing: The end of the trail - philman's life is good

Phil, keep up the good work.

152 posted on 07/18/2012 4:52:16 PM PDT by tx_eggman (Liberalism is only possible in that moment when a man chooses Barabas over Christ.)
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