What would happen if the acting President of the Senate refused to give the gavel to the Vice-President? The Constitution is very clear that the Vice President shall preside over the Senate. Can the Vice President cast a tie breaking vote when he/she is not in control of the Senate?
Since the VP is the President of the Senate, he holds authority whenever he’s present. If the President Pro Tem refuses to give up the gavel, the VP can order the Sergeant at Arms to remove the President Pro Tem from the podium.
Although I am waiting to see Dick Cheney and Ted Stevens in a no holds barred wrestling match for the gavel.
But is the thing the President of the Senate uses really a gavel? It doesn’t have a handle and it’s not wood.
If I was the Senate President Pro Tem, I would be highly embarassed to be arrested by a guy named Bill Pickle.
According to that page, the Sergeant At Arms has custody of the Senate gavel and may arrest anyone breaking Senate rules.