# Can Sen. McConnell stop a Senate vote?

**URL:** https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767
**Category:** Factual Questions
**Created:** [February 18, 2019, 3:04pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767 "2019-02-18T15:04:31Z")
**Posts on this page:** 20
**Page:** 1

<div class="post-metadata">

### Author: ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)
#### Post date: [February 18, 2019, 3:04pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/1 "2019-02-18T15:04:31Z")

</div>

I hope this will be a simple question. Hopefully I can get the answer before this thread devolves to a political one. I am just interested in the mechanics of Senate voting.

As majority leader can Sen. McConnell stop a motion from coming to the floor for a vote? Specifically if a motion of disapproval to Trump’s declaration of emergency is made in the Senate, can the majority leader, without a majority vote of the senate, keep the motion from being voted on? Let us assume that there is a majority but not 60 votes in favor of the motion.

Thanks

---

<div class="post-metadata">

### Author: ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)
#### Post date: [February 18, 2019, 3:24pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/2 "2019-02-18T15:24:34Z")

</div>

According to articles in the NY Times and 538, if the House passes the resolution, the Senate is required to vote on it within 18 days.

> **[Could Congress Block Trump’s Emergency Declaration?](https://fivethirtyeight.com/features/could-congress-block-trumps-emergency-declaration/)**
>
> President Trump has declared a national emergency in order to pay for physical barriers along the U.S.-Mexico border, but will Congress block it? That’s a long …

---

<div class="post-metadata">

### Author: ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)
#### Post date: [February 18, 2019, 3:27pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/3 "2019-02-18T15:27:29Z")

</div>

> [@Northern\_Piper](#):
>
> According to articles in the NY Times and 538, if the House passes the resolution, the Senate is required to vote on it within 18 days.
> 
> [Could Congress Block Trump’s Emergency Declaration? | FiveThirtyEight](https://fivethirtyeight.com/features/could-congress-block-trumps-emergency-declaration/)

What happens if they don’t? What are the penalties…if any?

---

<div class="post-metadata">

### Author: ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)
#### Post date: [February 18, 2019, 4:08pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/4 "2019-02-18T16:08:51Z")

</div>

The only remedy I can think of is to impeach the VP. As the presiding officer of the senate, he is required to enforce the rules. In this case one of the rules (explicit in the law concerning the override of a presidential declaration of a state of emergency) is that 18 day rule. If the presiding officer fails to obey the rules, I do not see what could force him to. Hence my answer.

FWIW (and I apologize for expressing this in GQ), I really doubt it would come to that.

The same question could be raised were the house to impeach the president and the senate fails to hold a trial.

---

<div class="post-metadata">

### Author: ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)
#### Post date: [February 18, 2019, 4:09pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/5 "2019-02-18T16:09:57Z")

</div>

Even if he can’t stop that specific vote, there are still plenty of other votes he can stop. Recently, for instance, he stopped votes on the budget bills the House was attempting to stop the shutdown.

---

<div class="post-metadata">

### Author: ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)
#### Post date: [February 18, 2019, 4:18pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/6 "2019-02-18T16:18:44Z")

</div>

> [@Chronos](#):
>
> Even if he can’t stop that specific vote, there are still plenty of other votes he can stop. Recently, for instance, he stopped votes on the budget bills the House was attempting to stop the shutdown.

Yes, he can even prevent a hearing on a Supreme Court nomination.

Regarding the specific vote, he can’t stop it. But I don’t see how anyone can prevent him from stopping it. Constitutional norms have eroded a bit, I’d say.

---

<div class="post-metadata">

### Author: ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)
#### Post date: [February 18, 2019, 6:18pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/7 "2019-02-18T18:18:41Z")

</div>

Thanks.  
I didn’t realize the congressional action is in the form of a resolution and is privileged. I am actually surprised that the President can veto a congressional resolution. Is that always the case? Bills I understand. Perhaps I don’t yet understand the significant differences between a resolution and a bill.  
However, my question has been answered. I appreciate the prompt response.

---

<div class="post-metadata">

### Author: ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)
#### Post date: [February 18, 2019, 6:45pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/8 "2019-02-18T18:45:34Z")

</div>

Unlike other scheduling matters, there is no real way to stop a motion to move to a privileged matter like this kind of disapporval resolution. Any member can move to take it up if they are recognized to give a speech. Once it is the pending business, it must be disposed of.

This is unlike the vast, vast majority of legislative matters that come before the Senate, in which the Majority Leader has an iron grip on what gets voted on and when.

---

<div class="post-metadata">

### Author: ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)
#### Post date: [February 18, 2019, 6:47pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/9 "2019-02-18T18:47:00Z")

</div>

> [@rbroome](#):
>
> Thanks.  
> I didn’t realize the congressional action is in the form of a resolution and is privileged. I am actually surprised that the President can veto a congressional resolution.

Depends on the type of resolution. Joint resolutions have the force of law and must be enacted in the same manner. Concurrent resolutions are non-binding as they are not presented to the President, even when both houses of Congress approve them.

---

<div class="post-metadata">

### Author: ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)
#### Post date: [February 18, 2019, 6:49pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/10 "2019-02-18T18:49:43Z")

</div>

> [@rbroome](#):
>
> Thanks.  
> I didn’t realize the congressional action is in the form of a resolution and is privileged. I am actually surprised that the President can veto a congressional resolution. Is that always the case? Bills I understand. Perhaps I don’t yet understand the significant differences between a resolution and a bill.

Legally there is really no difference between a bill and a joint resolution. A concurrent resolution is a thing voted upon by both chambers of Congress and does not require the president’s approval. But a concurrent resolution can’t make law.

Edit: What **Ravenman** said.

---

<div class="post-metadata">

### Author: ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)
#### Post date: [February 18, 2019, 6:53pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/11 "2019-02-18T18:53:42Z")

</div>

> [@Ravenman](#):
>
> Unlike other scheduling matters, there is no real way to stop a motion to move to a privileged matter like this kind of disapporval resolution. Any member can move to take it up if they are recognized to give a speech. Once it is the pending business, it must be disposed of.
> 
> This is unlike the vast, vast majority of legislative matters that come before the Senate, in which the Majority Leader has an iron grip on what gets voted on and when.

Say a Senator stands up and says “Hey, I call for a vote on the resolution.” McConnell says, “Nah, we’re not going to do that.” What does “It must be disposed of” mean then?

---

<div class="post-metadata">

### Author: ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)
#### Post date: [February 18, 2019, 7:10pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/12 "2019-02-18T19:10:38Z")

</div>

Each chamber of Congress is entitled to make its own rules and each is the sole arbiter of its own rules. If a chamber leader were actually to be so intransigent to ignore the rules they could see their leadership challenged. Ultimately, if enough Senators decide they’re going to vote on something, they’re going to vote on it. It’s not like McConnell can duct tape them to their chairs.

---

<div class="post-metadata">

### Author: ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)
#### Post date: [February 18, 2019, 7:16pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/13 "2019-02-18T19:16:44Z")

</div>

I investigated the kinds of congressional resolutions. Now I think I understand this part of the process. There are 3 kinds of congressional resolution:

simple resolution - passed by one chamber and do not have the force of law  
concurrent resolution - passed by both chambers and do not have the force of law  
joint resolution - passed by both chambers and do have the force of law after signature by the President. There is very little difference between a bill and a joint resolution.

---

<div class="post-metadata">

### Author: ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)
#### Post date: [February 18, 2019, 7:20pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/14 "2019-02-18T19:20:17Z")

</div>

> [@friedo](#):
>
> Each chamber of Congress is entitled to make its own rules and each is the sole arbiter of its own rules. If a chamber leader were actually to be so intransigent to ignore the rules they could see their leadership challenged. Ultimately, if enough Senators decide they’re going to vote on something, they’re going to vote on it. It’s not like McConnell can duct tape them to their chairs.

You’re more optimistic than I am. I doubt very much there are enough Senate republicans who want to go on record voting for or against this thing to challenge McConnell. I hope I’m wrong.

---

<div class="post-metadata">

### Author: ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)
#### Post date: [February 18, 2019, 8:19pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/15 "2019-02-18T20:19:16Z")

</div>

> [@Procrustus](#):
>
> Say a Senator stands up and says “Hey, I call for a vote on the resolution.” McConnell says, “Nah, we’re not going to do that.” What does “It must be disposed of” mean then?

McConnell has no ability to object to such a motion. Upon receiving the motion, the presiding officer must call up the resolution, in the same way that the presiding officer is bound to carry out all other motions made that are in order. That’s the power of a privileged motion.

---

<div class="post-metadata">

### Author: ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)
#### Post date: [February 18, 2019, 8:26pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/16 "2019-02-18T20:26:58Z")

</div>

> [@Ravenman](#):
>
> McConnell has no ability to object to such a motion. Upon receiving the motion, the presiding officer must call up the resolution, in the same way that the presiding officer is bound to carry out all other motions made that are in order. That’s the power of a privileged motion.

I get it. Perhaps we’re talking past each other, though. Suppose McConnell tells the presiding officer, “don’t call a vote on this. In fact, send everyone home for the day. We’re closed for business. Sorry”

I get that he “can’t” do that, per the rules. My question is, what’s going to stop him?

---

<div class="post-metadata">

### Author: ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)
#### Post date: [February 18, 2019, 8:40pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/17 "2019-02-18T20:40:37Z")

</div>

> [@Procrustus](#):
>
> I get it. Perhaps we’re talking past each other, though. Suppose McConnell tells the presiding officer, “don’t call a vote on this. In fact, send everyone home for the day. We’re closed for business. Sorry”
> 
> I get that he “can’t” do that, per the rules. My question is, what’s going to stop him?

The same thing that stops McConnell from simply declaring an Obamacare repeal bill passed without there ever having been a vote on it. Nobody in Congress gets arrested if they just decide we aren’t a constitutional republic anymore.

---

<div class="post-metadata">

### Author: ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)
#### Post date: [February 18, 2019, 8:59pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/18 "2019-02-18T20:59:16Z")

</div>

If I understand the rules correctly, if the Vice President isn’t around, the President Pro Tempore or someone assigned by the President Pro Tempore is responsible for presiding over the Senate. The President Pro Tempore is elected by the Senate, so in theory the Majority Leader has no authority over him.

The current PPT is Chuck Grassley of Iowa. You may recall that just last week, [Grassley became snippy with McConnell](https://thehill.com/homenews/senate/430079-grassley-raises-voice-after-mcconnell-interrupts-senate-speech) when Mitch tried to interrupt him while Chuck was speaking on the Senate floor.

One might infer that Grassley can be a stickler when it comes to the rules of the Senate. Or at the very least, that Grassley isn’t especially intimidated by McConnell.

So the factual answer to “who can stop McConnell?” is “Chuck Grassley.”

---

<div class="post-metadata">

### Author: ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)
#### Post date: [February 19, 2019, 10:51pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/19 "2019-02-19T22:51:34Z")

</div>

But suppose the chair (VP or PPT) simply refuses to recognize the person calling for a vote?

---

<div class="post-metadata">

### Author: ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)
#### Post date: [February 19, 2019, 11:05pm UTC](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767/20 "2019-02-19T23:05:23Z")

</div>

> [@Hari\_Seldon](#):
>
> But suppose the chair (VP or PPT) simply refuses to recognize the person calling for a vote?

Suppose an elite, top secret platoon of Army Rangers bursts into the Senate chamber and machine guns everyone there?

If we want to keep this up, the inevitable answer is, “then the government of the United States collapses in chaos.” Which is not what the OP asked.

[Next page](https://boards.straightdope.com/t/can-sen-mcconnell-stop-a-senate-vote/829767.md?page=2)
