Comment

Jon Stewart: Grand Theft Semi-Auto

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Varek Raith1/19/2013 5:45:51 am PST
It’s true that you cannot filibuster a budget resolution in the Senate, because the Budget Act provides special rules for consideration of a budget resolution, including a time limit on debate. So the Senate can pass a resolution with only a majority vote. However, the resolution does not take effect when the Senate passes it. It takes effect in one of two ways: if the House and Senate pass an identical resolution, usually in the form of a conference report; or if the Senate passes a separate Senate Resolution (as opposed to a concurrent resolution, which is what a budget resolution is) that says the House is “deemed” to have agreed to the budget resolution passed by the Senate.

But there are no special procedures for the simple Senate Resolution required by this second, “deeming” process, so it is subject to the unlimited debate allowed on almost everything in the Senate. If you do not have the support of 60 Senators to invoke cloture and end a filibuster, or prevent a filibuster from even starting (because everyone knows 60 Senators support cloture), you cannot pass such a deeming resolution in the Senate.

Because its rules are different, the House with a simple majority can pass a resolution deeming that the House and Senate have agreed to the House resolution so that it can take effect. This means the allocations in the resolution, such as for appropriations, are in effect in the House and anybody can raise a point-of-order against legislation that would cause a committee to exceed its allocation.

But this is for purposes of enforcement in the House only. What the House does has no effect whatsoever on the Senate or its budget enforcement. And vice versa, if the Senate deems that its budget resolution has been agreed to.

-Jim Horney of the Center on Budget and Policy Priorities