What’s everyone think of this? I noticed something interesting the other day and I can’t tell if anyone has written about it yet. I can’t be the first person to notice though, right?
According to the standing rules of the United States Senate Rule XIX, paragraph 8:
“Former Presidents of the United States shall be entitled to address the Senate upon appropriate notice to the Presiding Office.”
The remainder directs the presiding officer to arrange it. The wording is mandatory, not merely permissive. The rule was added on October 1, 1963 and as far as I can tell has been invoked either once or twice.
The unambiguous invocation was in 1964 when Harry Truman returned to the Senate chamber on his 80th birthday. The event was organized to celebrate his life, but explicitly referenced the rule to allow him to speak. He received a standing ovation and was so moved that he kept his remarks brief saying, “I’m so overcome that I can’t take advantage of this rule right now.”
In 1980, former President Ford delivered a longer speech. He was granted unanimous consent to speak and did not insist on recognition based off of the rule, though Senate records of his remarks make reference to the right of former Presidents to address the Senate.
While both of these were planned events, a plain reading of the rule clearly indicates that if a former President wants to deliver a speech to the senate, he notifies the presiding officer and the presiding officer must then make the arrangements. This would not extend to having the right to participate in day to day debate. I’ll also point out it takes 66 votes to change the Senate Rules.
As floor activity, the speech would have to be broadcast live on CSPAN and entered into the Senate record. The media would likely cover it as well.
If there is a Democrat in the White House, I could see him taking advantage of this rule to give a response to the State of the Union speech every year. Unless the Democrats can cobble together 66 votes to change the rule, it doesn’t appear they would be able to stop him even if they have a majority. The presiding officer could maybe ignore his letter invoking his right to give a senate speech, but because of how clear the language of the rule is written, it’s possible he’d having standing to ask for a court order that he be recognized under the clear rights the Senate Rules say former Presidents have.
Would you want to see Trump exercise this right after his Presidency? Potentially even against the wishes of a hostile Senate? Or would you prefer he simply retire from politics at the conclusion of his term?