Did You Know? The First Edition of 2021

Did You Know? The First Edition of 2021

What is the Nuclear Option?

A question we have received many times over, why does it require sixty votes in the Senate to pass legislation?

We're here to provide a simple answer: it doesn't. But without the Nuclear Option being triggered, it does.

Contrary to popular belief, the Senate has the technical capabilities under the Constitution to pass votes with a simple majority - rather than the sixty votes that most people believe it takes to pass. This is because of a 'nuclear deterrent' that was put in place by amending the 22nd (XXII) rule of the Senate which was established in 1806. This created a process called cloture, which allowed for ending debate on a bill and actually voting on it.

The actual votes it takes to pass a bill is simply 51, but in order to invoke that cloture and proceed to a proper floor vote, it requires 60 or two thirds of all senators. In our recent history, this had been modified and removed in certain circumstances by the trigger of the so called 'nuclear option'. Back in 2013, the nuclear option was triggered by then Senate Majority Leader Harry Reid (D) - who raised a 'point of order' in the Senate. This point of order is an official objection to the rules as standing and a request to modify or remove them from play. What may shock many is that this process of triggering the nuclear option only requires a simple majority of 51 votes to establish. As such, Harry Reid triggered this in response to a Senate Republican filibuster (continued debate) of federal judge appointments placed before the Senate by then President Barack Obama. With the triggering of the nuclear option, Harry Reid was able to proceed with confirming President Obama's judge appointments by a simple majority of 51 votes.

This option was triggered yet again in 2017 by Senate Majority Leader Mitch McConnell (R) to remove the filibuster against Supreme Court Justice picks. This process began when President Trump nominated Neil Gorsuch to the Supreme Court as an Associate Justice.

So far, both parties have declined to take the route of triggering the nuclear option against legislation. As such, legislation still requires a 60 vote majority to invoke cloture and proceed to a floor vote. Recent discussion has erupted within factions of the Democratic Party in support of triggering the nuclear option in the Senate to allow for incoming President-Elect Joe Biden to have an easier time pursuing his legislative agenda, but it is to be seen if this process will actually occur as it is opposed by both conservatives and moderates in the Senate.

Til next time, we'll see you soon!

By the People, for the People, of the People, for it is We the People. 

ADDITIONALLY: Audio for this post is NOW AVAILABLE @ https://soundcloud.com/theindependenceproject/the-independence-project-2020-did-you-know-1102021-edition - check us out!