A legislative admission of the validity of the nuclear option?

by: Daniel De Groot

Tue Jan 26, 2010 at 19:30


Following the good news today that the Senate has rejected the Conrad Catfood Commission, I noticed this vote on a Baucus amendment to the proposed deficit commission that was described as "to protect social security."  Curious, I found the text and noticed this interesting clause:


(b) WAIVER.--This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

  (c) APPEALS.--An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

As I read this, Baucus is saying "the commission can't touch social security, unless 3/5th vote to waive this section, and if anyone raises a point of order on this section, and the chair upholds this section, it takes 3/5th to repeal the chair's ruling."

Am I wrong here, or is the inclusion of this provision an admission that Baucus fears the nuclear option might be employed?  Inside, the scenario I think Baucus was afraid of, even though his amendment passed 97-0.

Daniel De Groot :: A legislative admission of the validity of the nuclear option?
Here's the sequence:

1.  Conrad commission suggests big cut to social security among others.

2.  Conrad commission nominally states that a 3/5 majority is required to pass it into law.

3.  A Republican or conservative Democrat raises a point of order during consideration of the Commission package that the section dealing with the voting requirements to pass is out of order.

4.  The Chair rejects the point of order.

5.  Another Senator appeals the ruling of the chair, and 51 Senators (or a majority of those present and voting) vote to overturn the ruling of the Chair.  

Bingo, the 3/5 nominal requirement is bypassed and the Conrad bill can pass on a simple majority vote (in the Senate at least though probably the same thing could happen in the House).

Here's some of Baucus' comments introducing his amendment:


It is clear from the statements of Senators CONRAD and GREGG that they have painted a big red target on Social Security and Medicare. That is what this commission is all about. It is a threat to Social Security and Medicare.

  That is why the first amendment this Senator offered is to protect Social Security. Senators CONRAD and GREGG have proposed a system that will not allow Senators to offer amendments to protect Social Security later, after the commission has come up with its recommendations. That is why we have to vote to protect Social Security now, while we still can offer amendments.

No love lost there for Conrad it seems.  No mention of the nuclear option prevention clause, and maybe it was never likely, but that Baucus felt this was needed just in case, says he at least fears it.

I'll be happy to be wrong, but that is probably the only way any bill that came out of the Conrad commission could pass, so if I'm right, was that "the plan" all along, and did Baucus head it off at the pass?


Tags: , , , , (All Tags)
Print Friendly View Send As Email
Admitting that something is valid is not necessarily (0.00 / 0)
the same as admitting that it is possible.  Baucus may have just wanted to cover his bases, even if it is not necessarily the case that he thinks that the nuclear option is likely, possible, or whatever.  Being tied to the bill that kills social security isn't exactly something that a Red State Senator wants.  

That doesn't really explain Conrad and Bayh then (2.67 / 3)
I think Baucus may actually not want to see Social Security cut.  He seemed to go out of his way to insult Conrad in his floor speech.  

Anyway, I don't think you put the provision in, unless you think it is as least possible that the nuclear option might employed.  It's interesting to see safeguards against it making their way into law.  It's on their minds.


[ Parent ]
How many people in Montana .. (0.00 / 0)
are on Social Security? .. maybe he fears a revolt of senior citizens?

[ Parent ]
the only thing is... (0.00 / 0)
...everyone knew the bill would fail, so I think Baucus was being careful/complete, or putting down stakes for the future, rather than worried about today's bill. It was widely reported that the sponsors knew the bill would fail but extracted a vote as part of the deal.

I don't trust any positive or negative vote as meaning anything. Note, for example, that Lautenberg (never running again, voted no) and Menendez (running in 2012 +DSCC, voted yes) voted differently, but I can't recall them splitting votes on anything of significance.  

New Jersey politics at Blue Jersey.


USER MENU

Open Left Campaigns

SEARCH

   

Advanced Search

QUICK HITS
STATE BLOGS
Powered by: SoapBlox