You know the old joke, How many senators does it take to change the Senate’s rules?
Well, there’s no punch-line.
The answer is 51, according to a wide range of constitutional scholars and experts at Senate procedure. (And according to the Senate, which set precedents for majority rule changes in 1959 and 1975). The Brennan Center at NYU Law released a new letter from the scholars on Wednesday. The kicker:
“We agree with the overwhelming consensus of the academic community that [there is] constitutional authority [for] each new Senate to determine by majority vote its own rules of procedure.”
// via Brennan Center Letter, Leading Constitutional Scholars: Constitution and Tradition Support Changing Filibuster Rules by Majority Vote