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Next Year’s Congress: Deem and Don’t Pass Go?

The very process the Democrats used to pass legislation could be denied Republicans to amend that same legislation next year, even if Republicans regain the House and Senate in November.

by
James Swanson

Bio

August 21, 2010 - 12:01 am
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The Democratic leadership of the House of Representatives announced that the House will not pass an actual budget resolution. This state of affairs provides the Republicans a very valuable argument that can be used with great effectiveness in various congressional districts to convince voters to vote a change in Congress. While this is indeed a sound tactical strategy, a strategic action plan must strengthen it.

The budget resolution is used by the Congress to impose budget discipline. According to the rules of the House of Representatives, the budget resolution normally identifies spending, revenue, borrowing, and economic goals. The budget resolution must contain spending limits for discretionary spending. These limits serve as an internal control on spending, a projection of annual budget deficits, and a statement of the aggregate federal debt. This resolution may also contain reconciliation instructions to make changes in the laws governing entitlement programs.

This year, however, the House of Representatives passed its so-called “budget enforcement resolution” which, according to House Budget Committee Chair Rep. John Spratt (D-SC), is the “functional equivalent of a traditional budget resolution.”  According to House Majority Leader Hoyer, it is impossible for the current elected members of the U.S. House of Representatives and the U.S. Senate to pass a realistic budget until the president’s National Commission on Fiscal Responsibility and Reform releases its findings post-election, in December.  It is interesting to note that with the exception of 2010 the House has passed a budget resolution every year since 1974.

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Why then, if the liberals could pass a “functional equivalent” so easily and without any Republican and some significant Democratic support, could they not as easily have passed a traditional budget resolution? We must focus on the limitations of this resolution. This “functional equivalent” lacks the more important safeguards and limits that would be contained in an actual budget resolution agreed to in both the House of Representatives and the Senate.

I would suggest that the reason for this odd legislative maneuver is strategic. If Republicans are successful in the November elections it will be because the American people reject the liberal Democratic agenda of the president and Congress. The people will have told their elected officials what they want them to do and that is actual change in direction of the government. So the Democrats are building a fallback position through the “functional equivalent” of the budget resolution. How?

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12 Comments, 10 Threads

  1. 1. elfman2

    Are you saying that a simple majority could amend the FY2011 Budget, but it would take a super-majority to amend appropriations bills replacing it? Why is that?

    Also, whatever amendments are proposed, they’ll still require a super-majority for cloture.

  2. How tangled a web we weave when first we practice to deceive.

    David

    • Jack Olson

      But, when we’ve practiced quite a while, how vastly we improve our style.

  3. 3. ElisaPardo

    Republicans will likely regain the House. Are you saying that the Democrats’ failure to pass an actual budget resolution will prevent House representatives from de-funding Obamacare? And that this is the Democrats’ devious strategy?

    (De-funding would seem to be the fastest, most direct way of dealing with Obamacare.)

  4. 4. Emma

    Well, I would hope that some Republican whose brain cells are functioning will do what is necessary to get Tom DeLay on retainer to lead strategy and operations sessions for the fights that are going to ensue. There is a man who knows how to do hand-to-hand combat against democrats.

  5. 5. myth buster

    The other option is invoking the nuclear option. If Democrats want to railroad Obamacare into implementation, a Republican majority should strip them of the filibuster. It’s a dangerous move, not dubbed “nuclear” lightly, but it may be necessary to save the Republic.

  6. 6. cthulhu

    Once again, we can turn to history to find guidance through these troubled times.

    Well over two thousand years ago, Cato the Elder was faced with a festering half-solved issue that only got worse as time went on. As he stood in the Roman Senate, no matter what the issue, he ended every exposition with “Carthago delenda est” — “Carthage must be destroyed”.

    Raise the levy for the troops? “Carthago delenda est.” Games for the people’s pleasure? “Carthago delenda est.” Increase the distribution of grain? “Carthago delenda est.” Dredge the harbor at Ostia? “Carthago delenda est.”

    We need representatives in Congress who will say: “Obamacare delenda est”, “Bailouts delenda est”, “Public sector unions delenda est”, “Entrenched interests delenda est”.

    And when the People’s voice is heard, each will suffer the fate of Carthage — to be razed until nary one stone is stacked on another, and their fields sown with salt.

    It won’t be over in November — but if our Senators and Representatives do what they need to do, it will begin.

  7. 7. Marc Malone

    Let us not also practice to deceive. ObamaCare is unconstitutional, period. Not only does it violate the Bill of Rights, but the basic Constitution itself.

    All Spending bills must originate in the House. ObamaCare originated in the Senate. There are NO FUNDS for it.

    The opposition to the Leftists are as ignorant of the Constitution as the Left is. If they weren’t, they would simply always argue the Constitution to stop everything.

    Here’s an example, the Constitution already requires a balanced budget. “Congress may only borrow money to pay for war expenses.”

    To beat them, simply challenge them publicly. If you want all these big-government, unConstitutional things, then offer a Constitutional amendment! Just do not try to do an end-run around the Constitution! Call them out. Make them argue the Constitutionality of the issues. They will always lose.

  8. 8. azcIII

    The words “Congress” and “budget discipline” should never be used in the same sentence.

  9. 9. Ken James

    Obamacare is fraud and should be repealed on that basis. Czars are virtual criminals, and unnecessary…these positions should be abolished. Agencies such as the EPA, Energy and the Interior need to have their authorities scaled back and some need to be abolished altogether. Agencies do not make laws, they enact laws passed by Congress. The Executive Branch’s powers need to be curtailed. One person should not have the power of a king to make sweeping edicts that transform our lives and enrich others. The GOP needs to be about repeal, reduce, replace, and reform. Both parties need to stop playing games at the expense of our country. This country desperately needs a leader who is respected by both parties and I for one have not seen that person yet.

  10. 10. Freddy

    This story is a bit off base. With Obama sitting on his veto pen, it is going to be a matter of sending him budgets he hates, and watching him veto them.

    Depending on the size of the Republican win, and the resolve of the Republicans in the House, a shutdown of the Federal Government is likely to occur next year.

    Look for the stock market to move up 1000+ points the week this happens!

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