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Brian Beutler reports on an expected increase in the Congressional Review Act in the next Congress. Lisa Murkowski actually used the CRA for a “resolution of disapproval” of EPA regulations on greenhouse gases earlier this year, but could not get 51 votes. That would have been sufficient, however, as resolutions of disapproval cannot be filibustered.
House Republicans will have carte blanche next year, and will be able to pass as many of these “resolutions of disapproval” as they want. The key is that a small minority in the Senate can force votes on them as well, and they require only simple-majority support to pass. If they can find four conservative Democrats to vote with them on these resolutions, they can force Obama to serially veto politically potent measures to block unpopular regulations, and create a chilling effect on the federal agencies charged with writing them.
“I think that’s one of many tactics that will be used,” Sen. Lindsey Graham (R-SC) told me in an interview on the last day of the 111th Congress.
I’m wondering what the strategy is here. The President, who seems to cherish executive power and has already signaled that he’d increase such powers to push through his agenda for the next two years, can veto any resolution of disapproval. Democrats may not want to have to filter a bunch of veto bait to his desk, but there’s no reason this should have a “chilling effect” on federal agencies, who would then presumably go out of their way to write GOP-friendly regulations.
It seems that the far more plausible way for the GOP to go is the de-funding route. However, one can envision a link between the two. Agencies would, in this reading, not want to draw attention to themselves in their rule-writing, so vindictive Republican appropriators don’t demand cuts to their budgets. Where the resolution for disapproval fits within that is unclear, but it perhaps sends a public signal that Congress is displeased and will take that out on funding.
Of course, the President can veto appropriations bills, too. So there’s nothing really to this Republican effort to rewrite the rulebook at federal agencies, unless the executive allows it to happen.
What this really shows is that the filibuster is essentially a dead procedural instrument walking. Democrats want to rein in its abuse, and Republicans want to use alternative legislative means that avoid a filibuster. It’s a matter of time before one side or the other bites the bullet and does away with it.
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Generally, the threat that Republicans might say something bad about something is all it takes to get the Democrats to surrender, so I think they’re on pretty solid ground here.
I hereby resolve that I disapprove of Republicans ….and Democrats ….and teabaggers
Isn’t that O’s plan? To allow Rs to dismember all federal regulation, and blame the Rs for it? All O cares about is his own personal power, not the regulation under his purview.
“unless the executive allows it to happen”
As the public option showed, This executive will allow the dreams of the left to be crush, and only use the executive bully pulpit when Obama needs to pass a tax cut for the rich or kill a public option that only needs 51 votes.
There will be no second ACT – no revised evaluation of Obama by this former member of the base because of new good deeds he does – because I know that while he will sell us the most minor of victories he helped cause, and the most major of victories he had near zero to do with achieving, as signs of how with the base he is, he will always on the money points side with the corporations and the GOP – BEHIND THE SCENE AND IN ADMINISTRATION MEDIA PUSHES.
Oh he will have a second term – there are always new young who need to get their “idol” on and they will replace part of the base that has left the party – but I will not be part of that base.
Amazing isn’t it that the Republicans figure out all kinds of ways to get things passed, but Dems cannot!
The members of both parties who support the wars against defenseless countries are war criminals.
Silence is complicity. And that means you.
The War You Don’t See
Once again, I wonder where all these potent parliamentary weapons were when Democrats were in the minority and the Bush administration was laying waste to our economy and our domestic and foreign policy?
But see – the Democratic minority was much bigger than the Republican minority so it didn’t have as much minority power as the Republicants.
Think about that comment for a minute, and then ask yourself the question what were all those bills the Present signed in December.
I remember learning in school that it was in the Senate where the minority has a fighting chance of getting its way and not being steamrolled by a majority that gives absolutely no regard to the will of the minority.
I guess like so many things that I was taught about this country, the Democrats will do away with that too.