These days are the pivot. Years from now, if Americans wake to begin a new day in a prison factory surrounded by barbed wire, and they wonder how it came to that, they might find part of the answer in these days. But of course, they won’t know where to look to explain their fate.
Read on. The collective power of the people is blunted. The will of the people is thwarted. Half the people are cheering for their own demise. The other half loses its way and squabbles.
Whom do you believe, these days. Maybe no one. Least of all, me. I plead for you to at least consider the words of Nancy Pelosi. Listen closely.
The Congressional Record, April 26, 2012
The House was taking a vote to permit the reallocation of sequestered funds to pay FAA traffic controllers.
Nancy Pelosi:
This is really a very unusual morning. We are here because of the refusal of the Republicans to come to the table for a conference.
What is a conference? A conference is a public open meeting where differences between the House budget bill and the Senate budget bill can be reconciled. It is done with transparency and in full public view. Each side proud of our priorities, we have the American people be the judge of what is their statement of values. Afraid of that public scrutiny, the Republicans have refused to appoint conferees for a conference. We call upon the Speaker to appoint conferees so that we can have that public airing, that transparent view, of something very important. The Republican leadership has said in the House and the Senate they want the regular order.
What is the regular order? The regular order is the House passes a bill; the Senate passes a bill; you go to conference. Now, afraid that their views may be rejected by the American people, they don’t want to go to conference. That’s why we are here this morning . . .
Pelosi’s words may not be clear to you because she’s speaking about the parliamentary process Congress uses to reconcile the two vastly different budgets passed by the House and Senate. That process is called regular order.
For three years, the Republicans cried out for the Senate to pass a budget so that there would be regular order. This year, the Senate passed a budget. It’s time to proceed to regular order. In conference, before the American people, the House and Senate budgets must be reconciled, but the Republicans refuse to appoint conferees. They have their own order and their own agenda in mind.
Since Pelosi spoke on April 26 there was a historic battle in Congress over regular order. As important as it was, there was practically no notice of it. Perhaps there was no notice because of its importance. For now, it appears to be over. The American people lost. The customary protocol followed by Congress for two centuries has been swept away. A turning point has been reached.
Listen carefully. Understand the magnitude of what is happening.
The Congressional Record, May 6, 2012
Senate Majority Leader Harry Reid submitted a motion to move the budget reconciliation process to conference under regular order. It was stopped by an objection.
The Senator from Texas, Mr. CRUZ.
Mr. President, reserving the right to object, one of my concerns is that this conference report could be used to pass a reconciliation bill that would increase the debt ceiling without sufficient input from the minority party and without addressing the fundamental structural spending problems we have in the Federal Government . . . I ask consent that the leader modify his request so that it not be in order for the Senate to consider a conference report that includes tax increases
With these words, the Senate Republicans gave their Democratic opponents a choice. They could have a conference only if they agreed in advance that the reconciled budget would include spending cuts and no tax increases. In other words, the Republicans agreed to play, only if they were guaranteed a win. Reid responded by calling Cruz a bully.
The Congressional Record, May 7, 2012
Senator Barbara Boxer tried an appeal to reason.
The Senator from California, Mrs. BOXER: Now, I want to say to my friend from Texas—and I welcome him to the Senate— for 3 years his party has been following Democrats all over the country, yelling at us: Where is your budget? Get your budget done. For shame on you; no budget.
And what has he done, starting from yesterday? Objected to this country having a budget because he thinks maybe—he does not know this; he is guessing—that in a conference, where we try to negotiate the differences between the sides, something might happen that he does not like.
Maybe we will wind up saying: Yes, there ought to be a penalty on companies that ship jobs overseas.
Maybe we will tighten some tax loopholes that allow the most successful companies to pay nothing in taxes while the middle class pays through the nose.
Maybe he does not like the fact that Warren Buffett—one of the most successful entrepreneurs in our Nation—got up and said: You know what, I am embarrassed. I pay a lower effective tax rate than my secretary.
Maybe he thinks that is good. Fine. But do not stop us from getting a budget. Anyone who knows how a bill becomes a law—whether they are here 15 minutes or more than 20 years, as I have been—everyone knows that the way we operate here is that the House does a budget, the Senate does a budget. We did a budget. Republicans demanded it, and we did it for sure. And we took care of 100 amendments. We remember being in until 5 in the morning. I certainly remember that.
Now the next step is that you go to conference. So I am saying here that I will be on my feet. Every time the good Senator from Texas comes, I will come and I will say: Senator, let the process work, do not be fearful of the process, because, you know what, when you have power—as the Senator does and as I do—do not be afraid of the process.
Sen. Mike Lee of Utah responded to the call for regular order with an objection. The Republicans would only agree to proceed if they were allowed to dictate the terms of the budget. Then he spoke about Reid’s characterization of Cruz as a bully which he condemned as a serious breach of the decorum enforced by the Senate’s rules.
Part 2 of Senate rule XIX says that no Senator in debate shall directly or indirectly by any form of words impute to another Senator, or to other Senators, any conduct or motive unworthy or unbecoming a Senator.
Sen. Lee left the matter of Reid's behavior open for possible further examination.
The Congressional Record, May 9 2012
Steny Hoyer (D - MD) asked why the House and Senate haven’t scheduled the budget conference under regular order.
Mr. Hoyer. I notice that there is not on the notice for the schedule for next week any reference about a motion to go to conference on the budget. As you know, the Senate has now passed a budget, which it had not done for some years. Your side, in particular, but all of us wanted the Senate to pass a budget. They have now passed a budget. We passed a budget. We would hope on this side of the aisle that we would now go to conference.
I’m wondering whether the gentleman can—in light of the fact that it is regular order that two sides pass, now try to compromise the differences that exist between the two Houses— can the gentleman tell me whether or not there is a plan to go to conference and, if so, what that schedule might be? And I yield to my friend.
Mr. [Kevin] BRADY of Texas. Thank you. As you know, Chairman RYAN and Chairman MURRAY are in discussions about the budget. It is I think encouraging that for the first time in 4 years this is actually occurring, the Senate has finally passed a budget.
Senator Patty Murray spoke for herself in the Senate on the same day.
Mrs. MURRAY. Madam President, this is so challenging. It has now been 47 days since we passed our budget. Senate Democrats have now requested unanimous consent to move to conference— the next step—five times.
We want to take the next step in this process. We want to move forward under regular order and continue this debate in an open and public way, but every time we try to take it to the next step, Senate Republicans stand and they say: No. I think this comes as a surprise to the American people. I think they are disappointed. I know I am. I think a lot of people, myself included, expected that after calling for regular order so consistently for so long, Republicans would be eager now to take the next step in the process. Some Republicans say they want to negotiate a framework behind closed doors before they agree on going to conference,
After fussing for years because the Senate hadn't passed a budget, the Republicans demonstrated that it wouldn't have made any difference which was known all along. They refuse to participate in the regular order of reconciliation because they want it all their way and they don't want the process to take place in public before the American people.
The temporary debt limit suspension will expire on May 19. After that the Republicans will be able to use the threat of default to extort whatever they want from the Democrats. Boehner wants spending cuts, McConnell wants deficit reduction. It will all be the President's idea. We have all been here before.
The Congressional Record, May 13, 2013
Sen. Reid: I would elaborate. This is a process that started being developed in the first Congress that was ever held in this country—1789. My Republican colleagues for years complained about not following regular order. They said we didn’t have a budget. We didn’t need one, but they said we didn’t have one. We didn’t do one by resolution, we did one by passing a law. But regardless of that, they came and talked about that. This is out of line. It is ridiculous. It is unfair to the American people, but it is very obvious what is going on. I withdraw my request, Mr. President.
The PRESIDING OFFICER. The request is withdrawn.
Does anyone remember universal background checks? Didn't think so.
For reference: The budget process is outlined in the Budget Act of 1974 while the House and Senate also use their own rules and customary procedures. Senator Barbara Boxer commented on May 9 that the Congressional Historian confirmed the use of regular order since the very first Congress. Her remarks are in The Congressional Record for that date, linked above.
Contemplate the stories being told today. What's being revealed and what's kept hidden?
How would you ever know that the budget process hit a wall in Congress when venerated news outlets like the Associated Press don't breathe a word of it. It's not only what they say, it's what they don't say too.