Thursday, March 18, 2010

Deem and Pass?

I've heard about enough Congressional methods of passing legislation lately to make my head spin. Almost none of it is understandable to any but the most enthusiastic political process buff.

The filibuster I barely get. In the past it was that members of the opposing party had to go to the podium and physically stall the process. They had to at least make the effort. Now it has become an un-written rule that all you have to do is say that you will filibuster and that is enough. Seems kind of lazy doesn't it? As another example of how weak the Democrats are there is no reason why they haven't been forcing the Republicans to physically do this every time they try to obstruct legislation. Let the public see how ugly the process is. The Democrats whine about how awful it is that the minority party forces them to muster up 60 votes for every little thing but they do nothing substantive about it. But that is a dead horse and, therefore, I shall not beat it.

Reconciliation I don't get at all, save for that it is now being identified as pure evil by Republicans despite their own frequent use of it when they were in power. All I know is that it is how the majority party gets by the super majority requirement and gets legislation to only need a simple majority.

As for this latest bit of business, the so called "Deem and Pass", well that makes no sense at all. I've tried reading up on it in a couple places and it is still beyond all understanding. The gist of it seems to be that you take a piece of legislation, draw up some amendments, and pass the amendments which in turn passes the bill. The fuss being raised in this instance (health care reform) seems to be that this would cause the amendments to be passed without the bill actually being complete. I could be completely off base.

Most of the objection I am hearing is that HCR would be passed without a vote. That is confusing because I see that there will be a vote on Sunday. Politics is so full of misinformation that I don't know who to believe.

Take the cost of this reform, for instance. The CBO recently announced that this bill will save money ($1.6 trillion) over a ten year period. That should be good news, right? Well all the conservative talking heads are now just talking about the cost and ignoring the savings. If they do acknowledge the CBOs report they are saying that you of course can't trust what the CBO says. The CBO has something in common with polls in that the numbers will be ignored by people when they don't serve their purposes. When Republicans hear how expensive a Democrat program is from a CBO report then they will wave that baby in the air for all to see. When the CBO reports that a Democrat program will save money then you can't trust the CBO. I'm sure that this goes both ways.

Anyway, my issue is with how this bill gets passed. I have read that the reason the Democrats are using(?) Deem and Pass is because some Congress men and women dont want to go on record as having voted for the bill. If that is true then those people need to be booted from office. That shows more concern for their political image than their actual job. If they don't believe in the bill, then they should vote no. If they do, then vote yes. It's that simple.

This HCR issue has been dragged on long enough and it needs to be over and done with. It should have been settled long ago. It's time they finish writing this baby up and bring it to a vote. Enough of this pussyfooting around. They all owe the people that much. As much as the Republicans love to declare that "the people have spoken", it was in the vote of 2008 where the people spoke. Its about time that the Democrats remember why they were voted in and do their damn job.

2 comments:

  1. I don't know if you got the update but here you go: It's 2010... 2008 don't mean shit anymore.

    As much as I disagree with your political view on most occasions I have to agree this time. I'm definitely pissed, they don't have the votes for a super majority any longer? -- Big deal, Use the power of a reconciliation and get the 51 that you need to pass any legislation that you want.

    Not only is it disturbing to me that it appears they want to protect their own asses come november, but it also raises the question as to whether they'd actually have the 51 votes if they were to take it to it.

    The Republicans only have 41 votes. They can't stop anything from passing through the senate in a reconciliation... I need someone to explain to me exactly how the republicans are stalling ANY legislation.

    Dems have 59 votes, they need 51 to pass.
    Reps have 41 votes, they need 51 to stop anything.

    You're an accountant, help me with the math.

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  2. Fair enough. Considering that the votes of 2008 put the people in power that are there now I would have to say that it amounts to something significantly more than shit. But I would be interested to know exactly what happened in 2010 that is more substantive than 2008. Could you please enlighten me?

    As for the math, accounting may not help but understanding of the legislative process most certainly will. All the Republicans need in order to enact a filibuster is the simple declaration of one member of the minority party declaring that they intend to do so. Also, the only thing required to keep that threat active is for one member of that party to be present at the building. Thus, it is easily enforced.

    Reconciliation isn't nearly as easy. Where the filibuster can be used on just about every single piece of legislation, reconciliation is a very particular process where you have to first determine if it would be constitutional to use. It's traditional use is for passing budgets. Does HCR constitute a budget? When Clinton attempted to push health care reform the process was stopped by the Democrats own Robert Byrd who said that it shouldn't apply. If it were that simple to beat a filibuster then what protection would the minority party really have?

    I don't know the full extent of all the details of the legislative process, so I don't know how many tricks and tools are at the disposal of the Democrats right now. What I do know is this:

    With the current obstructionist Republican minority (one man was able to hold up 50+ nominations by himself), 60 votes are required to pass something

    Only 1 is required to stall.

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