[Cboldt]

There is a significant number of issues that bypass the usual "cloture" routine. The 1974 Budget Act, for example, sets up legislative procedure that substitutes for cloture. Martin B. Gold & Dimple Gupta, The Constitutional Option to Change Senate Rules and Procedures: A Majoritarian Means to Overcome the Filibuster, 28 Harv. J.L. & Pub. Pol'y 205 (2004)

See too, Congressional Record May 19, 2005, remarks of Senator Smith starting on page S5467 ...

There are, in fact, 26 laws on our books today abrogating the right of a Senator to filibuster. For example, you cannot filibuster a Federal budget resolution. ...

Another restriction is that you cannot filibuster a reconciliation bill. ...

You cannot filibuster a resolution authorizing the use of force--the War Powers Resolution. You cannot filibuster international trade agreements, and that is called the Bipartisan Trade Promotion Authority. You cannot filibuster legislation under the Nuclear Waste Policy Act of 1982.

[rodguy911]

Thanks very much. Documenting everything like that is all important.

Could McConnell simply change the vote to 51 instead of 60 if he wanted to? Are there any repercussions?