OK, I'm Lost.

Chris SCHROEDER SCHROEDER at law.duke.edu
Fri Apr 3 05:42:43 PDT 2009


That is because you cannot filibuster a budget resolution, per the
Congressional Budget and Impoundment Control Act of 1974.  There are
other measures that by statute cannot be filibustered, such as a
resolution authorizing the use of force, per the War Powers Resolution. 


And if you include substantive reconciliation instructions in the
budget resolution, you can then insert substantive legislation into the
reconciliation in the fall, which also cannot be filibustered (it is
subject to 20 hours of debate, if memory serves.)  That is why there was
talk of "doing health care in the reconciliation bill."  I believe the
House budget resolution contains a provision for doing health care in
this way but that the Senate bill does not.  They will now have to
conference to agree on a common resolution, which the President does not
sign.  

Chris


>>> <RJLipkin at aol.com> 4/3/2009 8:00 AM >>>
What's the  obvious reason Senate Republicans did not filibuster the 
President's  budget?  I say "obvious" only because I've heard no
mention about the  
prospect of a filibuster. Thanks.  



Bobby

Robert Justin  Lipkin
Distinguished Professor of Law
Widener University School of  Law
Delaware

Ratio Juris
,  Contributor: _  http://ratiojuris.blogspot.com/_ 
(http://ratiojuris.blogspot.com/) 
Essentially Contested  America, Editor-In-Chief 
_http://www.essentiallycontestedamerica.org/_
(http://www.essentiallycontestedamerica.org/) 
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