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View Full Version : For those wondering why 2/3 majority was needed for Patriot Act Extension




PermanentSleep
02-08-2011, 08:01 PM
http://www.politico.com/news/stories/0211/49126.html

There was no sign that the leadership saw the setbacks coming. The Patriot Act was moved to the floor under suspension of the rules — a provision that requires two-thirds majority (290 votes) to pass and is often used for noncontroversial legislation. After holding the vote open well past the 15-minute window, it failed 277 to 148 with five Republicans and four Democrats not voting.

SUSPENSION OF THE RULES
http://en.wikipedia.org/wiki/Suspension_of_the_rules_in_the_United_States_Congr ess

Suspension of the rules is a procedure generally used to quickly pass non-controversial bills in the United States House of Representatives.

A motion to suspend the rules is in order on Mondays and Tuesdays and towards the end of a session of Congress and may only be made by the Speaker of the House or their designee, though it is customary for committee chairs to write the Speaker requesting a suspension. Once a member makes a motion to "suspend the rules" and take some action, debate is limited to 40 minutes, no amendments can be offered to the motion or the underlying matter, and a 2/3 majority of Members present and voting is required to agree to the motion.

A suspension motion sets aside all procedural and other rules that would otherwise prohibit the House from consideration of the measure, but the specific rules that are to be suspended are never mentioned in the motion. Typically, a suspension motion is phrased as a motion to "suspend the rules and pass the bill," and, if the Motion is agreed to, the bill is considered as passed by the House. A Member can also move to suspend the rules and take another action, such as to "suspend the rules and consider the bill," and the House shall take the proposed action if two-thirds of those voting are in favor of the motion.

Most often, bills "on suspension" are non-controversial legislation -- such as naming Post Offices of the United States Postal Service or federal buildings -- and nearly all bills that are considered under suspension rules have bipartisan support. Both major political parties in the United States -- the Democratic Party and Republican Party -- have internal rules that prohibit proposing or supporting a bill under suspension unless it costs less than $100 million.

http://rules.house.gov/singlepages.aspx?NewsID=91

Items to be considered under suspension of the rules:
# H.R. 514, A bill to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 relating to access to business records, individual terrorists as agents of foreign powers, and roving wiretaps until December 8, 2011.

Bruno
02-08-2011, 08:03 PM
Very interesting. Thanks, PermanentSleep!

PermanentSleep
02-08-2011, 08:14 PM
Also from the above politico article:


Another Democratic aide put it more simply: “Governing 101: make sure you have the votes. Governing 102: make sure you understand your own members.”

LOL@neocon fail.:collins:

libertybrewcity
02-08-2011, 08:18 PM
I bet this failed because earmarks can't be attached to bills anymore!!

youngbuck
02-08-2011, 09:38 PM
Wait, so did the Patriot Act expire?

Edit: Nvm, saw the other thread.

Kludge
02-08-2011, 09:42 PM
Wait, so did the Patriot Act expire?

No. Some portions of the PATRIOT Act had Sunset clauses (meaning they automatically expire unless renewed, but some of those claused portions of the bill were already made permanent) and will expire February 28th unless they're extended again (will need a debate with vote, but only 1/2 need to support), which still seems quite likely.