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To: Old Sarge

From another thread, reposted here:

“Getting it Through the Congress is another thing.”

Either they won’t try, or they’ll wait until the Senate is empty, then follow the constitution:

“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Note the lack of mention of a quorum in the Constitution.

As long as 2/3 of the senators present vote yes. So if four are present and three vote yes...


4 posted on 09/24/2013 10:59:21 AM PDT by DBrow
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To: DBrow

Isn’t there a quorum that has to be there for the Senate to be “present”

Although Bam bam is the authority on ‘present’


5 posted on 09/24/2013 11:02:58 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: DBrow
Note the lack of mention of a quorum in the Constitution.

As long as 2/3 of the senators present vote yes. So if four are present and three vote yes...

I'm pretty sure if that didn't violate existing Senate rules the liberals would have already tried it with Law of the Sea Treaty they have been trying to pass since the Reagan Administration or the Kyoto Global Warming Treaty during the 1990's

6 posted on 09/24/2013 11:05:32 AM PDT by apillar
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To: DBrow

It may be difficult for Dingy Harry to pull that off with the present rules of the Senate, of course he may try changing them if he thinks he can get away with it.

Rules of the Senate

EXECUTIVE SESSION - PROCEEDINGS ON TREATIES

1. (a) When a treaty shall be laid before the Senate for ratification, it shall be read a first time; and no motion in respect to it shall be in order, except to refer it to a committee, to print it in confidence for the use of the Senate, or to remove the injunction of secrecy.

(b) When a treaty is reported from a committee with or without amendment, it shall, unless the Senate unanimously otherwise directs, lie over one day for consideration; after which it may be read a second time, after which amendments may be proposed. At any stage of such proceedings the Senate may remove the injunction of secrecy from the treaty.

(c) The decisions thus made shall be reduced to the form of a resolution of ratification, with or without amendments, as the case may be, which shall be proposed on a subsequent day, unless, by unanimous consent, the Senate determine otherwise, at which stage no amendment to the treaty shall be received unless by unanimous consent; but the resolution of ratification when pending shall be open to amendment in the form of reservations, declarations, statements, or understandings.

(d) On the final question to advise and consent to the ratification in the form agreed to, the concurrence of twothirds of the Senators present shall be necessary to determine it in the affirmative; but all other motions and questions upon a treaty shall be decided by a majority vote, except a motion to postpone indefinitely, which shall be decided by a vote of twothirds.

2. Treaties transmitted by the President to the Senate for ratification shall be resumed at the second or any subsequent session of the same Congress at the stage in which they were left at the final adjournment of the session at which they were transmitted; but all proceedings on treaties shall terminate with the Congress, and they shall be resumed at the commencement of the next Congress as if no proceedings had previously been had thereon.

http://www.rules.senate.gov/public/index.cfm?p=RuleXXX


10 posted on 09/24/2013 11:15:26 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: DBrow

Thanks, I posted before I saw your comment.


12 posted on 09/24/2013 11:28:41 AM PDT by livius
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To: DBrow

Neah. I think they gotta have a quorum - 51 Senators.
So they could ram it through with 34 votes.


14 posted on 09/24/2013 11:47:15 AM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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