No Debate, No Amendments and, now, No Votes?

Statement

By: Mike Lee
By: Mike Lee
Date: Sept. 28, 2011

The Senate is often referred to as the world's greatest deliberative body. Unfortunately, it is becoming less common for the Senate to deliberate on anything, at least in a public, open, and transparent way.

Several examples from this year highlight just how far off track Congress has become. During the debt ceiling debate, Senate Majority Leader Harry Reid and the Democrats refused to even consider compromise legislation, known as the "Cut, Cap, and Balance Act." Despite heavy objection from some on the right who opposed raising the debt ceiling for any reason, the bill had overwhelming support from Republicans and even attracted a small handful of Democrats.

When it was brought to the Senate, there was no deliberation, no amendment process, and no up-or-down vote on the legislation. Instead, Sen. Reid "tabled" the bill, using a form of procedural legislative limbo that does not indicate support or opposition to the bill. Even the deal to raise the debt ceiling that finally passed did not receive adequate public debate and, again, no amendments were allowed.

Major legislation affecting the prosperity of future generations should not be made behind closed doors and then offered up on the eve of "economic collapse" as a take it or leave it proposal. That is not how democracy works.

Another way the Senate tries to avoid the normal legislative process is by "hotlining" bills. The hotline procedure is intended to increase the efficiency of passing noncontroversial legislation without consideration of the bill on the floor of the Senate or requiring a formal vote. This process is usually reserved for things like naming post offices or declaring "National Encouragement Day."

Unfortunately, hotlining has been abused in recent months. Earlier this year, a resolution supposedly authorizing the use of force in Libya snuck through on the hotline. More recently, lawmakers attempted to reauthorize $675 million for autism research through hotlining.

Going to war and spending hundreds of millions of dollars are not "noncontroversial." These measures should be subjected to a process that is open, public, and transparent to American taxpayers. The Senate should have ample opportunity to debate and amend legislation if it can be made better. And, at the very least, Senators should have to go on the record and vote in support of or opposition to the bills.

The so-called "sausage-making" of legislation is important to our democracy and it should not be bypassed. Particularly where there are competing visions of government or we're asking taxpayers to open their wallets, we should openly and thoroughly discuss -- and vote on -- those issues.


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