- Nov 17, 2019
- 13,340
- 7,889
- 136
There is no law or Senate Rule that gives authority to any member over any other. The status of Senate Majority Leader deciding which bills see action is strictly by informal precedent:
"The majority leader has the right of first recognition pursuant to precedent. The leader was first granted priority of recognition in 1937 because of a ruling made by Vice President John (“Cactus Jack”) Nance Garner while presiding over the Senate. On his own initiative, the Vice President decided that “in the event that several senators seek recognition simultaneously, priority of recognition shall be accorded to the majority leader and minority leader, the majority [bill] manager and the minority [bill] manager, in that order.”
By creating the right of preferential recognition, the Garner precedent serves as the foundation on which leader power is based in the Senate today. Since any member can technically make a motion to proceed to legislation or a nomination under the Senate’s rules, being the first to do so enables the majority leader to set the schedule and control the agenda to a limited degree. Note that the minority leader is the next most powerful senator under this formulation. This is because he has preferential recognition after the majority leader. That technically makes him more powerful than the other 98 members of the Senate, including those in the majority party."
www.legbranch.org
As President of the Senate, Harris could change that order with the stroke of a pen. The question for this thread is, should she?
"The majority leader has the right of first recognition pursuant to precedent. The leader was first granted priority of recognition in 1937 because of a ruling made by Vice President John (“Cactus Jack”) Nance Garner while presiding over the Senate. On his own initiative, the Vice President decided that “in the event that several senators seek recognition simultaneously, priority of recognition shall be accorded to the majority leader and minority leader, the majority [bill] manager and the minority [bill] manager, in that order.”
By creating the right of preferential recognition, the Garner precedent serves as the foundation on which leader power is based in the Senate today. Since any member can technically make a motion to proceed to legislation or a nomination under the Senate’s rules, being the first to do so enables the majority leader to set the schedule and control the agenda to a limited degree. Note that the minority leader is the next most powerful senator under this formulation. This is because he has preferential recognition after the majority leader. That technically makes him more powerful than the other 98 members of the Senate, including those in the majority party."
What makes Senate leaders so powerful? - LegBranch
By James Wallner The floor leaders of the Democratic and Republican parties dominate today’s Senate. They play a central role both in crafting major bills and in shepherding them through the legislative process from beginning to end. And they cultivate carefully the expectation that they are...
As President of the Senate, Harris could change that order with the stroke of a pen. The question for this thread is, should she?
