In accordance with Article I, Section 5 of the Constitution, “each House may determine the Rules of its Proceedings…”  As such the Senate is free insofar as its Proceedings relate to its enumerated legislative responsibilities.  

Where the Senate’s responsibilities also extend to other branches of government no super majority may be required by Senate Rules unless such super majority is specifically identified within the Constitution.

Argument

During the Bush administration for the first time in our nation’s history the Senate used its Rule of Cloture to delay or stop the confirmation of Presidential appointees.  The Advice and Consent responsibility of the Senate over presidential appointments create conflict when cloture is required and prevent the other branch from completing its Constitutional business.  I argue that Advice and Consent should only require a 50% plus one majority to confirm an appointment.  I argue this because it places an undue burden on the Executive Branch if the Senate can define its own rules regarding an obligation to either the Executive or the Judicial Branch.  If the Senate is free to require a 60% Rule for confirmation what is to prevent them from making this a 90% rule or even to make the requirement one of unanimous consent?  This is clearly not what the founders had in mind or they would have defined a super majority for Advice and Consent in the same way they defined a super majority to override presidential vetoes or to ratify treaties.  There are seven original circumstances in the Constitution that required a super majority vote and with this in mind I believe it is clear that had they wanted a super majority for presidential appointments the drafters of the Constitution would have created an eighth original circumstance.  In total there are now nine super majority requirements in the Constitution. 

1.       Override a presidential veto (Article 1, Section 5)

2.       Passing a Constitutional Amendment (Article 5)

3.       Ratifying a Constitutional Amendment (Article 5 – ¾ of all state legislatures)

4.       Expel a Member (Article 1, Section 5)

5.       Allow for the return of rebels to service in the government (14^th Amendment)

6.       Ratify a treaty (Article 2, Section 2)

7.       Convicting an impeachment (Article 1, Section 3) 

8.       Call for a Constitutional Convention (Article 5) 

9.       Approve the removal of the President after the Vice President and the Cabinet approve removal (25^th Amendment)

Given the thought obviously put forward in the Constitution for when a super majority would be required I believe it clear that no super majority was intended for obligations that either branch of government might have toward another.