Changes

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>

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. As president of the Senate, Vice President Richard Nixon wrote an advisory opinion extending Ballin to the upper chamber 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]].<ref>Martin Gold, Dimple Gupta, "[http://www.law.harvard.edu/students/orgs/jlpp/Gold_Gupta_JLPP_article.pdf The constitutional option to change Senate rules and procedures: A majoritarian means to overcome the filibuster]"</ref> 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.

It has been argued that ''Ballin'' does not apply to the Senate because the Senate is in continuous session. As the U.S. vice president is also president of the Senate, Vice President Richard Nixon was asked to make a ruling on this issue in 1957. Nixon's opinion states 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]].<ref>Martin Gold, Dimple Gupta, "[http://www.law.harvard.edu/students/orgs/jlpp/Gold_Gupta_JLPP_article.pdf The constitutional option to change Senate rules and procedures: A majoritarian means to overcome the filibuster]"</ref> 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.

==References==

==References==

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