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The Senate is dismantling the budget process and abdicating Congress’s spending authority

Pundits complaining about House dysfunction are missing this real story in the Senate

During the last debt ceiling fight, some pundits in the media and on the left wished for the “Gephardt rule” when the House automatically raised the debt ceiling when they passed a budget. Josh Green at the Atlantic praised it in 2011, saying we should  ”bring [it] back.”  Now he is at Bloomberg and at it again and again and again. These pundits, and this is my first point, misunderstand what they are advocating for. Second, what they are misunderstanding reveals a startling blindspot: they ignore the dysfunction in the Senate. And my third point is that this is rewinding the clock on deliberative congressional consideration of spending proposals back to 1921 or before.

But first, what is the Gephardt Rule? The Gephardt rule deemed the House to have passed a debt ceiling increase when the House passed a conference report, aka an agreement between House and Senate negotiators, on the budget resolution. That’s a lot of procedural mumbo-jumbo, but the critical fact about was that the House and Senate had a negotiation and agreed. So once the House endorsed that agreement, it endorsed the debt ceiling increase. This was invented by Dick Gephardt in 1979. It was repealed by House Republicans in 1995 due to criticism, correctly to my mind, didn’t properly focus the mind on the increasing debt.

The logic of bringing back the Gephardt rule is, unsurprisingly given who is making this argument, related to the White House argument that Congress must “pay its bills”, or to quote Green earlier this year, “refusal to pay the bills for money that Congress has already spent.” Note that the substantive legal issue with the debt ceiling is authorizing the Treasury to issue debt for spending that has not been made, so this argument is substantively wrong. In any case. I think before taking out a loan separately from the question of buying a car, for example, don’t you? That was the logic of the House Republican repeat of the rule in 1995.

But in Green’s pieces, something is missing: the Senate and the conference report. His piece from 2011 mentions the conference report but is dropped from all the 2013 pieces. But this is the key and operative point. The policy he is advocating requires that the House agree with the Senate in the form of a conference report on a budget resolution  To do that the House and the Senate would have to pass their own budget resolutions. But here’s the catch: the Senate last passed a budget resolution in 2009. April 29, 2009, to be specific. So the House and Senate couldn’t even agree, indeed didn’t even try, in 2010 under Democratic control.

So if Green got his wish, it would have had zero policy impact because the Senate won’t pass a budget. Indeed, Senator Patty Murray (D-WA) won’t commit to a budget resolution for 2014, creating “the possibility that Senate Democrats will avoiding passing a budget resolution for the fourth year in a row.” If she doesn’t, Green’s proposal would have no policy impact for the 2014 fiscal year also.

And that is the scandal of today’s budget politics. The White House is asking for a blank check and the Senate Democrats have been unable to even offer a proposal for the future of the US budget. One of the most important political aspects of the budget process described in the 1974 budget act is that it is makes predictions about the future of expenditures. When Congress passes a budget, it both sets today’s spending priorities and acknowledges the projections of the Congressional Budget Office on future expenditures. This creates a more direct form of political accountability for future deficits. It is this last acknowledgement function of the budget process that has been completely lacking in the budgeting by omnibus appropriations and continuing resolutions.

Indeed, if you take the logic of Green’s piece you get back to the budget chaos before the 1921 (!) Budget and Accounting Act when Congress didn’t have any systematic process of debating our government spending. Except even then, there was a debt limit so Congress had a ceiling on what is going on. Now House Democrats want to get rid of that sliver of control too and cede the process entirely to omnibus appropriations.

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COMMENTS

  • http://travismonitor.blogspot.com Freedoms Truth

    Excellent Article. It’s about time we highlighted the problem lies in the Senate, they are the real reason we got skunked in deals (Reid writes the ‘deals’), the real reason we cannot get fiscal responsibility (they wont pass a budget or control any spending), and the real roadblock (Obama hides behind Senate inaction so HE’S not faced with the choice of ‘pass or veto/shutdown’).

    The dysfunctional Senate is policy disaster and politically convenient for the Democrats, because what we have seen is the Republicans actually bear the brunt of the political price of dysfunction – namely, Republicans get blamed for the ‘legislation by crisis’ THAT IS A CREATION OF HARRY REID’S DELIBERATE POLITICAL STRATEGY TO AVOID FISCAL RESPONSIBILITY.

    The dysfunction of the Senate was highlighted by Sen Rand Paul and others IN the Senate. As of right now, their failure to pass budgets, Senator Reid’s refusal to limit spending, and the Senator John Cornyn released PR asking three basic simple questions of the President:
    “When will the President formally submit his request for an increase in the debt ceiling to Congress?
    “How much of an increase in the debt ceiling does the President want?
    “The White House has indicated this year’s budget request will not be
    submitted on time – when can Congress expect to receive it?”

    These questions beg a few more questions, such as – why didnt the press hammer the President in these points? And what is the Senate, in particular Senator Reid, going to do?

    Since the Republican attempt to lead had failed, and attempt to negotiate is refused, we are left with simply getting the onus back on the Senate.
    This point: “refusal to pay the bills for money that Congress has already spent.” is a liberal talking point that is false. If it was bills already spent it would be in the past; that is old debt. The point would be valid if we had a budget, agreement, and spending bills passed, but it cannot be valid when we have the dsyfunctional Senate that is so fiscally irresponsible that they dont even pass a budget.

  • drfredc

    Two ‘simple’ solutions come to mind.

    #1. Have the House begin impeachment proceedings on any and all Senators who fail to uphold their Constitutional duties to put forth a budget. Require anyone on the impeachment list to recuse themselves from the impeachment vote if impeach reaches the Senate.
    #2. Have the GOP form a coalition with a couple Democrat Senators and elect a conservative Dem Senator to led a bipartisan group to take over the Senate. FYI, this is what is going WA state senate. Probably kinda late to be done in the US Senate, but then that’s the sort of LOSERship expected to be put forth by the GOP Senate LOSERship.

  • checkmate2012

    Once again it highlight’s my strategy of waiting for the prez or Reid to lead…we don’t have to and shouldn’t given our minority status.Pass the debt ceiling when the prez says how much AFTER a budget is passed. Easy as pie.

  • wbcoleman

    Neither Senators nor Representatives are subject to impeachment. Under Article I, Section 5, each house has the sole authority to judge or discipline its own members.