Hugh Brady's

Archive for October, 2008

Madam President?

In Legislative Procedure on October 22, 2008 at 2:29 pm

The Boston Globe notes GOP vice presidental nominee Sarah Palin’s response to a second grader’s question about the duties of job she seeks: “But also, they’re in charge of the United States Senate, so if they want to, they can really get in there with the senators and make a lot of good policy changes that will make life better for Brandon and his family and his classroom. And it’s a great job and I look forward to having that job.”

While technically the vice president could function as the Senate’s equivalent of the Speaker of the House and exert major influence over legislation and policymaking, senators would have to grant her that power. And historically, senators have refused to do it.

For example, the Vice President generally has no independent right to address the Senate from the chair absent unanimous consent or other indulgence of the Senate. Riddick, Senate Procedure at 1390, 1391-1392. It is true that the Vice President has made “long statements from the chair” in the past. Id. at 1391. An examination of those precedents show that the statements were made by Vice President Alben Barkley, who was held in high esteem by his colleagues since his days as Senate leader under Roosevelt. The seminal episode demonstrating this came during World War II when he famously resigned his post as leader because he could not support FDR’s veto of a tax bill. After he voted with his colleagues to override the veto, they re-elected him as leader. There may be other times when the Vice President spoke at length of the chair, but I cannot readily locate them in the Senate’s published precedents.

Unlike Tom Craddick, Palin could not attempt to control debate by refusing recognition because the Senate Rules require the Vice President to recognize the first Senator who asks the chair for recognition. U.S. Sen. R. XIX  § 1(a) (providing that “[w]hen a Senator desires to speak, he shall rise and address the Presiding Officer, and shall not proceed until he is recognized, and the Presiding Officer shall recognize the Senator who shall first address him“) (emphasis added.)

Further, Palin cannot exert control over policymaking because she has no role in appointing the Senate committees that have the greatest control over shaping policy thru legislation — the Senate itself appoints committees and committee chairs by a resolution embodying the selections of the majority and minority party caucuses. See id. at R. XXIV § 1.

Finally, I would note that Lyndon Johnson, who went from powerful majority leader to figurehead vice president, asked his former colleagues to allow him to be the “permanent presiding officer” of the Senate Democratic Caucus in 1961 in an attempt to keep operating as a “super-leader.” The request was approved by less than unanimous consent after bitter debate showing that the senators didn’t like the idea and Johnson gave up trying to lead the Senate as vice president.

If Lyndon couldn’t do it, I doubt Sarah can.