Why will the stimulus require 60 votes to pass?
by David Waldman aka Kagro X
Sat Feb 07, 2009 at 04:55:03 PM PDT
To expand on the information provided earlier about why the stimulus package will require 60 votes to pass in the Senate, when I last left it, I'd provided only this:
The bill will be subject to a point of order due to its deficit spending, but the point of order can be waived by a 3/5 vote of the Senate. So that means passage would ultimately have required 60 votes whether Republicans filibustered or not.
But that's only about as much as you'll get from the traditional media. The bill will require 60 votes because it will. Go away. Stop asking. It's too intense for you!
Well, for most people perhaps, that's a valuable service. You know what's got to happen, and you have an inkling as to why. But for those of you who care to know exactly why, I'm going to see what I can do about that.
From what we can gather from the news, the 60 vote threshold is necessary because the bill violates "the Budget Act." And if your paper gives you the details, you can pick up that 60 votes are necessary to waive a point of order against bills that add to the deficit.
That's true. But I like to proceed on everything from the standpoint of insisting, "Prove it!" It's all usually quite true, but proving it to myself means I look up and learn the rules. And then I can write things on my blog that make crazy people want to read it. Then I think you get famous and win a million dollars or something.
So, what's "the Budget Act?" Well, it seems to be a lot of things. For one, it's the Congressional Budget Act of 1974, aka Titles I-IX of P.L. 93-344. (That's Public Law 93-344, or the 344th Public Law enacted by the 93rd Congress.) But it's also become a catch-all that's used to include a couple other related pieces of legislation that have amended the original Budget Act, like the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177, aka Gramm-Rudman-Hollings), the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (P.L. 100-119), the Budget Enforcement Act of 1990 (Title XIII of the Omnibus Budget Reconciliation Act of 1990, P.L. 101-508), Title XIV of the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66), and Title X of the Balanced Budget Act of 1997 (P.L. 105-33).
These pieces of legislation set up the current budgeting, authorization and appropriations process used by the Congress annually. Those terms, by the way, are not interchangeable. The links are to glossary definitions of the different kinds of bills that enact the different parts of the process, and it's useful to review them, not necessarily for this story, but for understanding future issues.
http://www.congressmatters.com/storyonly/2009/2/7/161443/9275edit to add - if it only needed 51 then the White House wouldn't be flying Sherod Brown back from his mother's wake just to vote on it.