S.Res. 396Senate111th Congress (2009-2011)In Committee

A resolution to enable each newly constituted Senate to carry out its responsibility to determine the Rules of its Proceedings at the beginning of each Congress.

Sponsored by Tom UdallSen. Tom Udall (D-NM)
Introduced January 25, 2010

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Referred to the Committee on Rules and Administration. (text of measure as introduced: CR S198)

January 25, 2010

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SenateIntro Referral

Introduced in Senate

January 25, 2010

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S198-200)

January 25, 2010

SenateIntro Referral

Referred to the Committee on Rules and Administration. (text of measure as introduced: CR S198)

January 25, 2010

Floor Debate

10 members

What members said about S.Res. 396 on the floor

3 Republicans7 Democrats
George V. Voinovich
Sen. George V. VoinovichR-OH · Jan 25, 2010

Mr. President, I rise today to urge my colleagues to support the Conrad-Gregg amendment. I believe the issues this amendment is designed to address--our national debt and deficits as far as the eye…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Jan 25, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, this weekend there was some discussion and writing in the papers and elsewhere in journals about…

Tom Udall
Sen. Tom UdallD-NM · Jan 25, 2010

Mr. President, it is with great humility and respect for the institution of the Senate, reverence for the many great men and women who have served here, and affection for my colleagues that I rise…

Ben Nelson
Sen. Ben NelsonD-NE · Jan 25, 2010

I ask unanimous consent to speak as in morning business for up to 8 minutes. Mr. President, I rise to discuss a serious problem with the way Washington has done business for years. The problem is…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jan 25, 2010

Mr. President, I want to speak for a few minutes about the upcoming confirmation vote on Chairman Bernanke of the Federal Reserve Board. I should begin by stating very clearly that there is no way to…

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Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 25, 2010

Mr. President, I rise today in support of the amendment offered by Senators Conrad and Gregg to create a bipartisan budget commission to address our Nation's long-term fiscal crisis. The Conrad-Gregg…

Max Baucus
Sen. Max BaucusD-MT · Jan 25, 2010

Mr. President, today is the Senate's fourth day of consideration of the joint resolution to increase the debt limit. I remind my colleagues this is the legislation that allows the government to honor…

Tom Udall
Sen. Tom UdallD-NM · Jan 25, 2010

Mr. President, let me say to my good friend Senator Dorgan, first of all, we all know he has served his State for 40 years. Many of us will be talking about that service and applauding him. It has…

Harry Reid
Sen. Harry ReidD-NV · Jan 25, 2010

Mr. President, is amendment No. 3305 the pending amendment? I have a cloture motion at the desk with respect to that amendment. Mr. President, I have a cloture motion on the substitute amendment at…

Patty Murray
Sen. Patty MurrayD-WA · Jan 25, 2010

I ask unanimous consent for 5 minutes to speak on the judicial nomination coming before us at 6 o'clock.

Jeff Sessions
Sen. Jeff SessionsR-AL · Jan 25, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued January 25, 2010

III

111th CONGRESS

2d Session

S. RES. 396

IN THE SENATE OF THE UNITED STATES

January 25, 2010

Mr. Udall of New Mexico submitted the following resolution; which was referred to the Committee on Rules and Administration

RESOLUTION

To enable each newly constituted Senate to carry out its responsibility to determine the Rules of its Proceedings at the beginning of each Congress.

Whereas article I, section 5 of the United States Constitution provides that Each House may determine the Rules of its Proceedings;

Whereas it is a longstanding common law principle, upheld in Supreme Court decisions, that one legislature cannot bind subsequent legislatures;

Whereas rule V of the Standing Rules of the Senate states that the Rules of the Senate shall continue from one Congress to the next unless they are changed as provided in these rules;

Whereas rule XXII of the Standing Rules of the Senate requires an affirmative vote of two-thirds of Senators present and voting to limit debate on a measure or motion to amend the Senate Rules; and

Whereas rule V and rule XXII of the Standing Rules of the Senate, taken together, can effectively deny the Senate the opportunity to exercise its constitutional right to determine the Rules of its Proceedings under article I, section 5, thus allowing one Congress to bind its successors: Now, therefore, be it

That upon the expiration of the Standing Rules of the Senate at the Sine Die Adjournment of the 111th Congress, the Senate shall proceed in accordance with article I, section 5 of the Constitution to determine the Rules of its Proceedings by a simple majority vote.