[The Federalist] Life is full of mysteries. Does a tree make a sound when it falls in the forest, and no one is around to hear it? What lies beyond the edge of the observable universe? Can senators amend a resolution of termination under the National Emergencies Act?Well. Maybe not that last one. Some questions may not have answers. Others have yet to be answered. But we already know senators can amend a resolution of termination.
Why? Because the Senate hasn’t yet said they can’t. It’s as simple as that.
WHAT’S THE CURRENT DEBATE
Some Republicans believe that they can amend a resolution to terminate a presidential emergency declaration. However, many suspect that those amendments must be germane to the underlying resolution. Some worry that adding non-germane amendments to the resolution could risk its privileged status and thus make it subject to the filibuster.
This week, Sen. Ron Johnson (R-Wis.) acknowledged that he and his colleagues are trying to determine if amendments are in order and, if so, whether they must be germane to the underlying resolution. "We’re checking right now with the parliamentarian whether it’s amendable."
Since 1935, the Senate’s parliamentarian has advised senators on the rules and practices that govern their proceedings. The parliamentarian can be especially helpful in situations like this where, in Johnson’s words, "there’s all kinds of gray area."
But it is good to remember that senators can also answer these questions for themselves. This is because the parliamentarian is not an oracle. She does not practice divination. When senators ask her a question, she looks to the rules for the answers. And so can they.