By Orrin Hatch
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While the House is designed for action, the Senate is designed for deliberation. That is why Senate rules and procedures give a minority of senators the power to slow or even stop legislation. Both parties do it when in the minority, and both find it frustrating when they are in the majority. But such checks are central to the nature of the institution and to the Senate's place in our constitutional system. These rules temper majority power and generate strong incentives to develop mainstream legislation that commands broad, bipartisan support.
To impose the will of some Democrats and to circumvent bipartisan opposition, President Obama seems to be encouraging Congress to use the "reconciliation" process, an arcane budget procedure, to ram through the Senate a multitrillion-dollar health-care bill that raises taxes, increases costs and cuts Medicare to fund a new entitlement we can't afford. This is attractive to proponents because it sharply limits debate and amendments to a mere 20 hours and would allow passage with only 51 votes (as opposed to the 60 needed to overcome a procedural hurdle). But the Constitution intends the opposite process, especially for a bill that would affect one-sixth of the American economy.
This use of reconciliation to jam through this legislation, against the will of the American people, would be unprecedented in scope. And the havoc wrought would threaten our system of checks and balances, corrode the legislative process, degrade our system of government and damage the prospects of bipartisanship.
moreThe hypocrites are coming out of the woodwork.