Releasing the votes


Munson released the senators who had committed to vote for confirmation and let them vote their conscience. It was even announced on the "broadcast". And of course as a result, Lafe Smith voted no which swung it to a tie.

My questions is this - in real Senate votes, would this have made sense? In other words, let's say Munson did not release their votes (and let's say this is real congress and not just a movie), couldn't Smith have decided to vote no anyway. His 'commitment' to Munson was just a promise, right? I.e., there is no legal requirement bounding a senator to vote a certain way just cause he "committed" to the majority leader? Am I right, or would they actually be forced to vote as they had committed if Munson did not release them?

Similarly, once Munson released them, did that change anything? If he made that speech expecting Smith et al were going to vote with him, when he releases them does he really expect anyone might change their vote just cause he said they could (which I think they could even if he didn't say so).

Anyway, anyone who knows let me know.

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There is no legal requirement that a Senator (or Representative) stick with a commitment he made to his leadership on how they would vote. This is a matter of Congressional courtesy and tradition, not law.

That said, anyone who in reality went back on his word and voted contrary to how he had promised the leadership would pay a heavy price. One of the few things that neither House tolerates is someone whose word cannot be trusted. Once you have given your word to a colleague, you are expected to stick by it. You can't be forced to, but if you violate your pledged word you will find it almost impossible to function in Congress thereafter, as no one will really trust you, and your reputation will have suffered irrevocable damage. This is not only a matter of voting but of any lie you tell your colleagues.

There have been instances where a Sen. or Rep. has gone back to his leader and asked to be released from his pledge, usually due to political fallout back home. More often than not this is granted provided the reason is genuine. When he was Speaker of the House, Sam Rayburn never tried to hold colleagues to votes he honestly knew were politically damaging for them to cast. But he also knew all the districts; so, if a Representative whom he knew would not suffer any adverse political backlash by voting with him (Rayburn) came to him and said he'd be in trouble if he kept his pledge, Rayburn would know he was lying and up to something. He'd usually release him from his pledge, but he made sure to retaliate in other ways.

As to what Munson might have expected when he released his votes, my guess is that he did not at all expect any of them to actually switch: remember his look of astonishment when Smith announced his "No" vote.

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