The filibuster is a Senate rule that essentially requires 60 votes to pass most legislation. However, under budget reconciliation, certain legislation can be passed with only a simple majority in the Senate. According to the Congressional Budget Act of 1974, reconciliation can only be used to pass legislation related to spending, revenues, and the federal debt limit. Since 1980, 22 budget reconciliation measures have been enacted into law. At its core, budget reconciliation allows for less bipartisan consensus building because only 51 votes in the Senate are required to pass bills under this procedure.
Passing legislation along party lines directly contracts what the American people repeatedly say that they want from their elected leaders. For years, poll after poll has shown that Americans of all political stripes want more bipartisanship. In April, a CNN poll found that 87% of Americans believe that bipartisanship is a good thing, including 92% of Democrats, 90% of independents and 77% of Republicans. Furthermore, 74% of Americans agreed with the statement that “Democrats in Congress should work across the aisle to get things done, even if it means losing out on some high-priority policies.” Similarly, 72% of Americans agree that “Republicans in Congress should work across the aisle to get things done, even if it means losing out on some high-priority policies.”
Bipartisanship is not only what the American people want, but it gives America the best opportunity to tackle the challenges we face. During the 2016 presidential campaign, then-candidate Trump promised to pass an infrastructure package twice as large as the one proposed by his Democratic opponent, Hillary Clinton. As president, Trump never came close to delivering on his promise of an infrastructure package and “Infrastructure Week” became a running joke as the president repeatedly blew up any prospect of a deal with his frequent shenanigans. On May 22, 2020, Trump’s attempt at an infrastructure bill came to a head when he stormed out of a meeting with Democrats and declared he would not work with them until they ceased investigating him. At the time, Congressional Democrats were investigating Trump’s relationship with Russia.
Contrary to the approach taken by former President Trump, the Biden Administration has insisted on a bipartisan infrastructure deal from day one. In March, President Biden released his $2 trillion infrastructure proposal and appealed for support from both parties in Congress. After months of bipartisan negotiations, this week, the Senate voted 69 to 30 to approve a $1 trillion infrastructure bill, delivering on a key component of President Biden’s agenda. Senate Minority Leader McConnell (R-KY), who publicly declared that his main priority was stopping the Biden agenda, said, “I was proud to support today’s historic bipartisan infrastructure deal and prove that both sides of the political aisle can still come together around common-sense solutions.” While the legislation must still pass the House, President Biden’s insistence of bipartisanship has gotten him closer to signing an infrastructure bill into law than the former president ever did.
While it is challenging and frustrating to work with political opponents who repeatedly insist they are intent on stopping your agenda, as Senator McConnell has done under both President Biden and former President Obama, working in a bipartisan manner is what the American people want and the surest way to deliver results. The increasing use of budget reconciliation is concerning because it means our political leaders are not working together to find the best solutions to the challenges we face and delivering for the American people.
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