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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 and without debate, this procedure bypasses the supermajority requirement. Generally speaking, the presiding officer will follow precedent as interpreted by the parliamentarian. Unlike the Speaker of the House, the 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 goes immediately to the full senate. Since the Senate decides a constitutional issue by majority vote and without debate, this procedure bypasses the supermajority requirement. The procedure is highly unusual and has been used only a few times in Senate history. Constitutionally, the presiding officer has the same discretionary power as the Speaker of the House. But most situations he simply follows precedent as interpreted by the parliamentarian.

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. The 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. The 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>