CNN: Brown tips Senate balance of power to GOP

by Jed Lewison
CrooksandLiars
Thu Jan 21, 2010

In the beltway's new math, 41 is greater than 59:

With his [Brown’s] election, it really turns the tables on the balance of power in the Senate in the favor of Republicans, giving them that key forty-first vote.

It's true that Republicans have shaved the Democratic advantage from 20 seats to 18, and it's also true that they've secured their forty-first seat, allowing them to filibuster anything that can be filibustered. And that does give the GOP more power.

But it doesn't give them control of the Senate.

1. Democrats still control the agenda of the Senate, even though Republicans can filibuster some of its legislation.

2. Republicans don't have the power to decide whether or not to pursue reconciliation (which only requires 50 votes) on measures impacting the budget.

3. Republicans don't have the power to decide whether they have to be on the Senate floor to filibuster. Remember, the whole idea of the filibuster is to allow debate to continue. Republicans use it to stop votes from happening, but when they don't stay on the floor to debate the measures they are filibustering, they are abusing the rule. It's entirely up to Democrats whether or not filibustering requires Republicans to stay on the floor.

4. Even though cloture (ending a filibuster) requires 60 votes, passing legislation still requires just 50+1. Republicans only have 41 votes.

5. At the beginning of session, the Senate decides whether to continue operating under its old rules or whether to adopt new rules. If made at the beginning of a session, rule changes only require a majority vote. If Democrats maintain their control of the Senate, that means they can change the filibuster rule one year from now.

(Full text here.)