Sun, 02 Jan 2011 11:11:23 +0000
Voters on November 2 did deliver a GOP majority to the House, but not the Senate, although Republican ranks there are increased. Senate Republicans are prepared and have devised a strategy to impede, if not overturn, what Barack Hussein Steven Dunham Soetoro Obama has wrought in two years. The GOP will make use of the authority given in an obscure 1996 law called the Congressional Review Act (CRA). Here’s what Wikipedia says:
The CRA allows Congress to review, by means of an expedited legislative process, new federal regulations issued by the government agencies and, by passage of a joint resolution, to overrule a regulation. The law requires that any agency promulgating a covered rule must submit a report to each House of Congress…. A covered rule cannot take effect if the report is not submitted.
The law provides a procedure for expedited consideration in the Senate. If the committee to which a joint resolution is referred has not reported it out within 20 calendar days after referral, it may be discharged from further consideration by a written petition of 30 Members of the Senate, at which point the measure is placed on the calendar, and it is in order at any time for a Senator to move to proceed to the joint resolution. If the Senate agrees to the motion to proceed, debate on the floor is limited to 10 hours and no amendments to the resolution or motions to proceed to other business are in order, and so the Senate may pass the joint resolution with a simple majority.
H/t beloved fellow FS!
Brian Beutler | December 27, 2010
In the nearly two months since the November midterms, the conventional wisdom has centered on the idea that President Obama’s agenda will be largely protected from an influx of Republicans by the Senate’s arcane rules and his own veto pen. With 47 members in the 112th Congress, the GOP will lack a majority, let alone a supermajority, to pass the legislation they’d need to pass to undo Obama’s accomplishments and blunt his progress — as if he’d sign those bills anyway.
But Republicans are all too aware of this conundrum, and have been looking for ways around it. What they found is an obscure authority provided by a 1996 law called the Congressional Review Act. It provides Congress with an expedited process by which to evaluate executive branch regulations, and then give the President a chance to agree or disagree.
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.
…”We’ve got several bills — I’ve got one the REINS Act, which would force any regulation that costs over $100 million to come back to Congress for approval,” Sen. Jim DeMint (R-SC) told me Wednesday. “There’s several other things. We’re looking at ways to do that, either through oversight, but it’s clearly out of control and I think what the FCC’s done has gotten everyone alarmed that they’re ignoring the courts and the Congress there in the administration.”
Earlier this year, Republican leaders endorsed REINS (Regulations from the Executive In Need of Scrutiny) which, if passed and signed, would give them much broader authority over the rule-making and regulatory process. But it won’t survive a filibuster, let alone a veto. The CRA will be the GOP’s most effective tool. “They’re pushing through a lot of bad policy at the executive level,” DeMint said. “We need to figure out how to rein it in.”
Democrats aren’t terribly worried. But they’re definitely annoyed. In an interview Wednesday, Rep. Henry Waxman (D-CA) — outgoing chair of the Energy and Commerce Committee — laid it out.
They can pass legislation, presumably through the House where they have a strong majority, but I can’t see them getting 60 votes [in the Senate] on a lot of what they say they want to do. They can attach amendments to the appropriations bills, but I don’t see how that would be successful because the President can refuse to sign it, the Senate refuse to pass it. They could use the … Review Act. Force votes. If they got a majority, the President could veto it.
“I think what they’re going to do is try to keep on dramatizing the issues that they think are helpful to them,” Waxman said. “The next two years I expect all their actions to be campaign oriented…. They’re all about messaging, they’re all about power, they’re all about politics. What they don’t seem to be concerned about is governing.”
There’s a lot to that critique. But it won’t deter the GOP. “We need to make sure Americans know what’s going on,” DeMint said.