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In reply to the discussion: Democratic leader offers deal to reopen government, but Republicans sneer [View all]24601
(4,127 posts)to make their own rules. Specifically, ART I, Section Five states:
"Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member."
This is the relevant portion of Senate Rule XXII:
Is it the sense of the Senate that the debate shall be brought to a close? And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and swornexcept on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and votingthen said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of."
When 100 Senators have been chosen and sworn, the number to invoke cloture is 60 [3/5] and that's without regard to whether they are present and voting.
Changing the rules, however, takes 2/3 of the Senators present and voting. That number is 67 when every Senator is present and votes.