Are they breaking the law or ignoring it?
@Justathought12 (103)
United States
March 3, 2010 9:17am CST
The Democrats in Comgress are set to use Reconciliation to ram health care reform through. This is not what Reconciliation was passed for, this is not me saying this, Democratic Senator Robert Byrd, of West Virginia, who helped write the bill is saying it. So are the Democrats breaking the law, or do they think that they are above the law?
3 responses
@spalladino (17891)
• United States
3 Mar 10
Reconciliation has been used approximately 20 times, by both sides, since the bill was passed. I don't have the details in front of me and am not going to research that or the exact wording in the bill in order to determine whether Senator Byrd's opinion is correct. What I do know is that, if using Reconciliation in the case of health care is "breaking the law", there would be more folks making this same claim. I have not noticed an outcry, especially from the Republicans, that this is the case so your question is making assumptions that have not been substantiated.
@lilwonders456 (8214)
• United States
3 Mar 10
Just because it has been used 20 times by both sides does not make it right or even legal. It just makes both sides wrong and law breakers. Which for the most part...both sides are.
@spalladino (17891)
• United States
3 Mar 10
lil, do you have any information that Reconciliation is illegal? The questions asked in this discussion relate to the legality of it, not whether anyone agrees with it or not. I do believe though that it's pretty unlikely that it was used 20+ times if it was not legal.
@lilwonders456 (8214)
• United States
3 Mar 10
pretty unlikely they would do something 20+ times if it was illegal....lol...lol...remember this is our elected officials we are talking about. You know the same guys and gals who take "bribes" from lobbyists and corporations. The same ones who lie, cheat and steal. It is way of life for them..unforunately and much to our shame.
As for the history of Reconciliation. From what I have read it was set up for budget bills.
"A reconciliation bill is one containing changes in law recommended pursuant to reconciliation instructions in a budget resolution"
"A reconciliation instruction (Budget Reconciliation) is a provision in a budget resolution directing one or more committees to submit legislation changing existing law in order to bring spending, revenues, or the debt-limit into conformity with the budget resolution."
It has historically been used for omnibus budget bills.
Bill Clinton tried to use Reconcilation to pass his healthcare bill but was told by Bryd and other members of congress that the health care plan was out of bounds for a process that is about budgets. Clinton listened to them and did not use reconciliation for the bill.
It was not until Bush got into office that reconciliation was used for any other purpose than budgets. Which was illegal. But sure did not stop them. They used it to pass tax relief bills. Bryd (and others) told Bush that this was not the legal way to use reconciliation....Bush did not listen. He and members of congress did it anyway. So add up another law/rule Bush and his congress broke.
So you see....reconciliation is NOT illegal if used for the budget. But it is illegal to use it for anything else. yes even healthcare.
Now we will have to wait and see if Obama and his congress are as crooked and corrupt as Bush and his congress. Lets see if they think they are above following the law.
@irisheyes (4370)
• United States
4 Mar 10
Robert Byrd's statements were made a year ago when there was talk of passing the entire bill under reconciliation. They are now talking only of using reconciliation to improve on parts of a bill that passed with a majority of 60 votes in December.
Reconciliation is nothing new. It was used twiceto pass Bush tax vuts and those bills passed with a much narrower majority than this healthcare bill.
@lilwonders456 (8214)
• United States
4 Mar 10
Bush broke the law when he did too. Two wrongs don't make a right. reconcilation can only be used to reconcile budgets. that is it. Bryd is still standing by his statment.
Also they can only pass things in the bill that would "reconcile" a federal budget.
They are not going to be able to pass the "no pre-existing conditions clause" part using reconciliation...because it does not have to do with government budgeting. They will not be able to pass insurance companies not being able to drop people for getting sick...because it does not have anything to do with a federal budget.
They can not pass laws that will effect the "private sector" using reconcilation...because reconcilation is for the federal government itself and it's budgets. Yes they can use it to raise the amount they pay out in medicare. Yes they can use it to cut how much money is put into a government programs budget...or add to it. But that is about it.
There a lot of things they are not going to be able to even touch because of using this process. What IS going to be able to be passed is not going to accomplish a dang thing...but them being able to say they passed SOMETHING. But it is not going to make a difference in lives of most americans.
@lilwonders456 (8214)
• United States
3 Mar 10
I would say both...they are breaking the law...but they don't care because they think they are above the law.
Laws, taxes, etc... those only apply to us "little people"...not them. Or so they think.