Comment Re:Of course they had the right (Score 2, Informative) 1209
Actually, no, the Constitution doesn't specify 51%.
Relevant paragraph in Article II:
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
So it looks like treaties take 2/3 of the Senators that show up that day (assuming there is a quorum), but no fraction is specified for the rest. As the Senate is pretty much left to work out its rules by itself, and those rules provide for unlimited debate (what is currently stopping the vote), there's not really anything unconstitutional. Also, the closing of unlimited debate (for this stuff) only takes 3/5 of the entire Senate.
Relevant paragraph in Article II:
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
So it looks like treaties take 2/3 of the Senators that show up that day (assuming there is a quorum), but no fraction is specified for the rest. As the Senate is pretty much left to work out its rules by itself, and those rules provide for unlimited debate (what is currently stopping the vote), there's not really anything unconstitutional. Also, the closing of unlimited debate (for this stuff) only takes 3/5 of the entire Senate.
