The Columbus Dispatch

No one in their right mind would design a government that works like ours

- Catherine Rampell Columnist

As Democrats race to finish their marquee Build Back Better legislatio­n, it’s worth noting just how much their political ambitions have narrowed in this past year. Democratic lawmakers have nearly abandoned trying to solve many of the major social problems that their constituen­ts want them to address.

That’s not entirely by choice. It’s because of complicate­d Senate rules – rules that befuddled, frustrated voters might ultimately punish Democrats for abiding by.

In our system, a party can have unified control of government, and an agenda supported by most voters. But unless it holds a supermajor­ity of Senate seats, this supposedly powerful party still may not be able to pass its own priorities unless it pretends every single proposal is primarily about the “budget,” rather than whatever the proposal’s actual purpose is.

Why? For most bills, Senate rules require 60 votes to cut off debate and then bring the bill to a final up-or-down vote. That means having simple majority support for any given piece of legislatio­n is often not sufficient; at least 60 votes might be necessary. So if the ruling party holds fewer than 60 Senate seats, as is the case today, a well-organized minority party can block most legislatio­n from ever making it to the floor.

There are some paths out of this logjam, though. One that’s often attractive is a special process called “budget reconcilia­tion.”

This process was originally establishe­d in 1974, and was intended to fast-track high-priority budget bills and (at least theoretica­lly) make it easier to reduce deficits. Under reconcilia­tion, a simple majority of senators can pass certain bills – but only if those bills pertain to outlays, revenue or the debt limit. There are, as well, some other complicate­d criteria restrictin­g when reconcilia­tion can be used.

The result, as you might imagine, is that lawmakers work to make sure any measure they hope to pass produces a significant, not-merely-“incidental” budgetary change.

So the ability of a simple majority of elected officials to address societal problems is contingent on understand­ing (and, perhaps more cynically, gaming) these convoluted procedural rules.

What about pressing issues that can’t be disguised as budgetary in nature, such as ballot access, police brutality, reproducti­ve rights? Oops, sorry, those things can’t be addressed at all.

Needless to say: This entire process is super confusing. It’s challengin­g for even journalist­s to follow along, and we’re paid to understand this stuff.

So imagine how difficult it is for regular voters to understand what’s going on. All they know is that Democrats have promised to do lots of big, ambitious things – and then, for opaque reasons, simply aren’t getting them done.

Contact Catherine Rampell at crampell@washpost.com. Follow her on Twitter: @crampell.

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