The Senate's Compliance with Its Legislative Rules: The Appeal of Order

Abstract

The most contentious Senate floor debates can create the impression that the Senate is not effectively governed by its established procedures. In fact, senators sometimes reverse rulings of their Presiding Officer and decide questions of order in ways inconsistent with the Senate's rules and precedents. However, an examination of the frequency and subjects of the questions of order that the Senate has decided during 1965- 1986 documents that most of them concerned senators' two most important procedural rights: the right to filibuster and the right to offer non-germane amendments. Other procedural questions have not generated regular procedural controversy. Furthermore, the Senate usually has decided questions of order in ways that would seem to enforce its regular procedures. These procedures have not been a serious obstacle to individualism. On the other hand, all senators have an interest in preserving some predictability and orderliness in the conduct of Senate business.