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The '''nuclear''', or '''constitutional, option''' is a parliamentary procedure that allows the [[United States Senate]] to override its own rules by majority vote. Senate rules require a three fifths, or 60 vote, "supermajority" to reach a decision in many situations. If the [[presiding officer]] rules that a motion raises a constitutional issue, the matter then goes immediately to the full senate. Since the Senate decides a constitutional issue by majority vote, this procedure may be used to bypass any requirement for a supermajority. In general, the presiding officer follows precedent as interpreted by the parliamentarian. Unlike the Speaker of the House, he rarely uses his discretionary power.

The '''nuclear''', or '''constitutional, option''' is a parliamentary procedure that allows the [[United States Senate]] to override its own rules by majority vote. Senate rules require a three fifths, or 60 vote, "supermajority" to reach a decision in many situations. If the [[presiding officer]] rules that a motion raises a constitutional issue, the matter then goes immediately to the full senate. Since the Senate decides a constitutional issue by majority vote, this procedure may be used to bypass any requirement for a supermajority. In general, the presiding officer follows precedent as interpreted by the parliamentarian. Unlike the Speaker of the House, he rarely uses his discretionary power.

In 1892, the U.S. Supreme Court ruled in ''United States v. Ballin'' that the House of Representatives is a parliamentary body and as such may established rules by majority vote. These rules may not violate fundamental rights or constitutional restraints, according to this opinion. It has been argued that ''Ballin'' does not apply to the Senate because the Senate is in continuous session. However, Vice President Richard Nixon, writing as president of the Senate, extended ''Ballin'' to the upper chamber in an opinion issued in 1957. Nixon stated that the constitution grants the presiding officer the authority to disregard Senate rules, provided that his ruling is later upheld by majority vote. This procedure was used in 1975 to reform the [[filibuster]]. Senator Trent Lott gave it the name "nuclear option" in 2003. The procedure was used again in November 2013 to revise rules concerning judicial and administrative nominations. Except for supreme court justice, these may now be confirmed by majority vote.

In 1892, the U.S. Supreme Court ruled in ''United States v. Ballin'' that the House of Representatives is a parliamentary body and as such may established rules by majority vote. These rules may not violate fundamental rights or constitutional restraints, according to this opinion. ''Mason's Manual'' applies the principle to U.S. legislative bodies generally: "A deliberative body cannot by its own act or rule require a two-thirds vote to take any action where the constitution or controlling authority requires only a majority vote. To require a two-thirds vote, for example, to take any action would be to give to any number more than one-third of the members the power to defeat the action and amount to a delegation of the powers of the body to a minority."<ref>''Mason's Manual'', p, 353, 2000.</ref>

 

It has been argued that ''Ballin'' does not apply to the Senate because the Senate is in continuous session. However, Vice President Richard Nixon, writing as president of the Senate, extended ''Ballin'' to the upper chamber in an opinion issued in 1957. Nixon stated that the constitution grants the presiding officer the authority to disregard Senate rules, provided that his ruling is later upheld by majority vote. This procedure was used in 1975 to reform the [[filibuster]]. Senator Trent Lott gave it the name "nuclear option" in 2003. The procedure was used again in November 2013 to revise rules concerning judicial and administrative nominations. Except for supreme court justice, these may now be confirmed by majority vote.