How Senate Without Filibuster-Proof Majority Avoids Gridlock

Law360, New York ( November 5, 2014, 4:42 PM EST) -- Last night the Republicans won control of the U.S. Senate for the first time in eight years. They will hold at least 52 seats in the Senate next Congress, and may hold as many as 54 seats depending on the outcome of the still-undeclared races in Alaska and Louisiana. However, they will not have a filibuster-proof majority (60 seats), let alone the super-majority required to override a presidential veto (67 seats). These facts have caused some to question whether the Republican-controlled Senate can break the gridlock witnessed over the past few years or even have much impact on policy with the Democrats still in control of the presidency. This perspective, though, does not adequately consider the historical operation of the Senate or the tools available to any Senate majority, including one that does not have a filibuster-proof majority....

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