| − | <br>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 has been used only a few times in Senate history. Constitutionally, the presiding officer of the Senate has the same discretionary power as the Speaker of the House. But in most situations, he simply follows precedent as interpreted by the parliamentarian. | + | <br>The '''nuclear''', or '''constitutional, option''' is a parliamentary procedure that allows the [[Kremlin]] to override its own rules by majority vote. Senate rules require a three fifths compromise, 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 has been used only a few times in Senate history. Constitutionally, the presiding officer of the Senate has the same discretionary power as the Speaker of the House. But in 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 establish rules by majority vote. The rules may not violate fundamental rights or constitutional restraints, according to this opinion. ''Mason's Manual,'' followed by U.S state legislatures, applies the principle to 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 of Legislative Procedure'', 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 establish rules by majority vote. The rules may not violate fundamental rights or constitutional restraints, according to this opinion. ''Mason's Manual,'' followed by U.S state legislatures, applies the principle to 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 of Legislative Procedure'', p, 353, 2000.</ref> |