Should the GOP Fear the Lame Duck Session?
Republicans are considering a resolution to halt passage of controversial bills during the coming lame-duck session. But is the resolution needed?
A privileged resolution attempting to prevent congressional Democrats from passing “controversial” legislation during the lame-duck session of Congress sounds good, but may have bad unintended consequences and may give more credit to the congressional majority than warranted.
Rep. Tom Price, the Republican Study Committee Chairman, will get a vote on his resolution next week. He fears that House Speaker Nancy Pelosi, Senate Majority Leader Harry Reid and other Democrats will take up some legislation that could not pass in the 112th Congress in the lame-duck.
But, what happens if the argument on the expiration of the Bush tax cuts carries over into the lame-duck session? What if emergency legislation to pay for a disaster or unforeseen defense matters emerges?
On the other hand, what if the GOP wants to pass trade bills with other nations that Democrats might strongly oppose? Would the Price resolution preclude consideration of agenda items even his own party wants?
On the less theoretical, but more important front, it seems highly unlikely that the Senate and its rules would allow almost anything to pass that the GOP strongly opposed. In light of the Senate barrier, it seems that the Price resolution is a solution to a problem that well may not exist.
However, Rep. Price is right to be worried about the lame-duck.
Since Congress has been unable to pass any appropriations bills, or the Defense Authorization Bill, or deal with the expiring tax provisions from 8 months ago, and faces a bitter, unpredictable fight on the Bush tax cuts of 2001 and 2003, the upcoming lame-duck could be one of the most chaotic in recent memory.
Former Majority Leader Sen. Howard Baker once said that he absolutely disliked and feared lame-duck sessions, just because of their unpredictability. He only very reluctantly participated in one when Reagan was president. That lame-duck was difficult; one this November and December could be positively destructive.
Yet, what choice does Congress have?
A full scale debate on taxes is baked into the legislative cake. Can such a debate conclude in legislation presented to the president before the October “adjournment” date? It is hard to imagine such a debate concluding in the House and Senate, and going to conference, and subsequent passage of a conference report in the four weeks Congress will return for work after Labor Day. Indeed, it seems almost unimaginable that any tax legislation can pass the Senate floor in the absence of the budget process’ reconciliation provisions.
Rep. Price’s concern is well-placed, but even if his resolution fails, he can count on the bulwark of Senate rules to blunt most legislation. Unfortunately, those same Senate rules may make it very difficult to produce an intelligent tax product before expiration date of the Bush tax cuts.