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Facts Not a Stumbling Block for Malkin

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Jaerik12/16/2009 6:13:40 pm PST

re: #347 WindUpBird

I know the very basics, what i don’t know is what the limitations are on a bill passed by reconciliation versus a normal 60 vote.

The biggest limitation to a Reconciliation bill is that it must change the federal budget. In other words, you can pass health care reform (like they passed Medicare Part D) through Reconciliation, because it includes changes to spending and/or taxation. You can’t use it to say, pass a law against wearing socks with sandals.

You also must show that the change in budget is not “incidental.” In other words, you can’t pass a law against wearing socks with sandals by arguing it would cause a decrease in tax revenue from sock sales.

It also can’t effect Social Security. It has a special exemption.

Reconciliation works by tasking a special committe with writing a version of the bill that then comes directly to the floor for a vote. Because that committee is essentially parroting whatever the majority party wants, it has the practical effect of circumventing a cloture vote, and thus nullifies the filibuster.