Could Biden have forced a vote on Garland in 2016? What is the point of the VP as Senate President?
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  Could Biden have forced a vote on Garland in 2016? What is the point of the VP as Senate President?
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Author Topic: Could Biden have forced a vote on Garland in 2016? What is the point of the VP as Senate President?  (Read 383 times)
Former President tack50
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« on: September 20, 2020, 08:56:17 AM »

Because of the current Supreme Court disaster, this is a thought I recently had. Everyone knows how the Senate Majority leader at the time was able to unilaterally stop Obama's nominee by not holding a vote.

However, the US constitution does establish that the Vice President (at the time, Biden) holds the position of "President of the Senate" (basically equivalent to being the Senate's chief presiding officer I imagine?):

Quote
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall choose  their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.

While the Senate seems empowered to name other officers to run itself, that seems to be only in the absence of the VP. So if Biden stepped in, wouldn't he suddenly be the one in charge of everything?

I do know that the US constitution also claims that each House has the power to make up its own rules, but wouldn't this contradict the earlier statement that the VP is the President of the Senate?

Quote
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a member.



I am 99% sure that if Biden could have, he would have stepped in, but could someone explain exactly why that would have been illegal or have no basis in law?

Wouldn't Biden be able to step in as "president of the Senate" and force a vote? Or at least be able to mount a credible case to the Supreme Court that he has the power to force votes?

And more broadly: What is the point of the VP being "President of the Senate" if he actually is completely powerless?
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Battista Minola 1616
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« Reply #1 on: September 20, 2020, 09:14:29 AM »

No, he could not have, no more than John Roberts could have forced votes during Trump's impeachment trial.

My understanding is that the President of the Senate enforces procedure and order; the Senate (i.e. in the end the Majority Leader) sets the Senate's agenda.
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SteveRogers
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« Reply #2 on: September 20, 2020, 01:27:23 PM »

Yeah, the VP can step in and act as the presiding officer of the Senate, thus making rulings on procedural matters. But that doesn't give him the ability to set the agenda of the Senate, at least not without a majority of senators supporting him.
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