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'Myths about Reconciliation'

Myths about Reconciliation
Using reconciliation to pass Obamacare would be inappropriate and unprecedented. Here’s why.

How could you tell when the Democrats had finally settled on the reconciliation route? It was at some point between the time Harry Reid told Republicans at the health-care summit that “nobody has talked about reconciliation” and the time the White House stopped uttering the word altogether.

But though their diction has changed, the Left continues to perpetuate a number of myths about reconciliation that should be dispelled before Democrats in Washington use the procedure to force-feed the American people this $2.3 trillion behemoth.Myth: Reconciliation is simply “majority rule.”
Democrats have referred to the maneuver that dare not speak its name as simple “majority rule.” In his March 3 speech, President Obama called for an “up-or-down vote” on health-care reform requiring “nothing more than a simple majority.” White House Press Secretary Robert Gibbs told MSNBC the next day that in most American households, “51 percent represents a majority viewpoint. I don’t think that’s a crazy concept.” Ezra Klein claimed that “a simple majority process” has been “key to getting anything done” in the Senate since the 90s.

But this isn’t about lowering the thresholds for passage, as most reconciliation measures initially pass the Senate with sizeable majorities — sometimes even by voice vote or unanimous consent. Rather, the process is explicitly about bypassing the Senate’s usual order of business — an open debate and amendment process with an emphasis on consent and consensus and robust protections for minority rights — to ensure the speedy passage of budget-balancing legislation. As a result, reconciliation measures are “privileged,” meaning that the Senate must consider them when they come to the floor. Likewise, debate on their substance is strictly limited to 20 hours and amendments are allowed only insofar as they address the contents of the measure itself (though, as author Foster notes here, there is nothing to stop a determined minority from gumming up the works indefinitely by forcing votes on the germaneness of extraneous amendments).

There is nothing wrong with the principled use of this “front-of-the-line” treatment for measures meant to bring budgetary outlays in line with revenues, but in a Congress that demonstrably no longer takes its duty to balance budgets seriously, reconciliation is once again being abused as a matter of political convenience.

The truth is that every single piece of successful legislation to emerge from the Senate — via reconciliation or otherwise — has done so via a final, up-or-down vote with a 50-plus-one threshold. The debate about reconciliation is a debate about the path to that vote. It’s about whether the Senate is and ought to be something more than a slightly smaller, slightly crustier House of Representatives.

http://article.nationalreview.com/427048/myths-about-reconciliation/daniel-foster-stephen-spruiell
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