By whose authority do the Standing Rules of the Senate govern the Senate? By the Senate’s alone. But what is the Senate, exactly? It is part of a larger entity, the Congress, that expires every two years after the entire House and one-third of the Senate stands for election. We currently have the 111th Congress. In Jan. 2011 we’ll have the 112th. In Jan. 2013 we’ll have the 113th. And so on. The first step in exercising the nuclear option, then, is for the president of the Senate (i.e., Vice President Joe Biden) to state, in effect, “Previous Congresses can’t tell this Congress what to do. Senate Rule 22 has no force because it was never agreed to by the current Senate.” Biden would then state, “Under Article I, Section 5 of the Constitution, this current Senate may ‘determine the rules of its proceedings.’ I say we change Rule 22 to eliminate the filibuster.