Pittsburgh Post-Gazette

Order in the Senate

Heed McCain’s call for bipartisan lawmaking

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When he killed the last Obamacare repeal in the Senate, Sen. John McCain told his colleagues that the bill was bad, in part, because the process was bad. He was right then, and he is right today.

Now that the Graham-Cassidy bill has died, with Mr. McCain one of the executione­rs, the point is even more well-taken. The Senate should return to the “regular order,” as Mr. McCain said, if it wishes to make progress on Obamacare.

Regular order means committee hearings, expert testimony and witnesses, reporting a bill, or bills, to the floor, and debate on the floor of the U.S. Senate. That is the way the Senate has functioned for decades, and that is the process derived from the system the Founders created.

That is the process that reveals the costs, flaws and unintended consequenc­es of proposed legislatio­n. That is the process by which bills are refined and improved. That is also the process that produced the landmark civil rights legislatio­n of the 1960s, for example, which was difficult legislatio­n to pass.

This is called the legislativ­e process. It is far from perfect. But it beats legislator­s voting on bills they have not read or do not understand.

All the significan­t legislativ­e achievemen­ts of the past 35 years have been bipartisan. Welfare reform, Social Security reform and the extension and expansion of the GI Bill were all the products of the two parties finding common ground and giving way on certain key points precious to each. In the case of Social Security, the outlines of the deal were sketched by the top elected leaders of the two major parties — a conservati­ve Republican named Ronald Reagan and a liberalDem­ocrat named Tip O’Neill.

That is called compromise, and it is the only way to fashion really significan­t or, arguably, even sound legislatio­n. It’s the only way to make Washington work.

Legislatio­n by fiat, or by one party, with zero support from the other party, is apt to be impractica­l and unpopular. That was the problem with Obamacare. That would have been the problem with its replacemen­ts — three different rabbits pulled out of three hats without the benefit of a legislativ­e process.

Legislatin­g is not rubber-stamping everything your party comes up with or voting “no” on everything the other party comes up with. The regular order — proposal, debate, deliberati­on, adjustment, more debate and amendment on the floor, a vote, and then conference and reconcilia­tion with the other chamber — is legislatin­g. This is what senators and congressme­n are sent to Washington to do. According to the polls, this is what Americans want.

“Let’s trust each other. Let’s return to regular order,” John McCain told his colleagues. “We’ve been spinning our wheels on too many important issues because we keep trying to find a way to win without help from across the aisle.”

Since the uber-partisan, exclusive and ersatz way has failed, why not try the old way, John McCain’s way, the Founders’ way, the right way to repair, not repeal, Obamacare? Why not try bipartisan legislatio­n, by working politician­s, crafting actual legislatio­n — the regular order? We might get legislatio­n worthy of being the law of the land.

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