Senate Proceeding on Mar 30th, 2009 :: 5:00:00 to 5:14:05
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4:59:56 to 5:00:17( Edit History Discussion )

Arlen Specter: and we've put in a condition, i can't release them if they're not paid for. hallelujah, let's start paying for things around here. i thankhe chair and yield the floor and note that senator specter is here. senator specter is to be recognized next. the presiding officer: the

5:00:00 to 5:14:05( Edit History Discussion )
Speech By: Arlen Specter

5:00:18 to 5:00:40( Edit History Discussion )

Arlen Specter: senator from pennsylvania. mr. specter: madam president, i thank the chair. i have sought recognition to comment on the issue of reconciliation which may, according to some specution seek to deal with substantive

5:00:41 to 5:01:01( Edit History Discussion )

Arlen Specter: legislative health care or perhaps even education or perhaps even global warming. and i believe effort would be a colossal mistake to try to

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Arlen Specter: procedures to deal with such substantive measures in a legislative -- on a legislative vehicle which would take 51 votes instead of allowing for the customary senate debate which could be cut off only by 60 votes.

5:01:23 to 5:01:44( Edit History Discussion )

Arlen Specter: in this chamber we had a fierce debate in 2005 where the democrats were lined up on filibustering president bush's nominees for the federal courts and republicans were threatening a so-called nuclear or constitutional option.

5:01:45 to 5:02:10( Edit History Discussion )

Arlen Specter: and at that time theemocrats were utilizing the time honored process of continuing the debate unless republicans had 60 votes to invoke cloture and cut off debate, which republicans did not have. and the partisan feelings got so

5:02:11 to 5:02:31( Edit History Discussion )

Arlen Specter: high that there was a plan devised where the system could be shortcut, have the chair and have a motion to overrule the ruling of the chair and have it decided by 51 votes. fortunately, that did not occur. historically, as i spoke at some length on the issue at that

5:02:32 to 5:02:54( Edit History Discussion )

Arlen Specter: time, the filibuster, the extent of the debate in guaranteed judicial independence in the impeachment proceeding of justice chase at about 18-5, and saved the independence of the presidency and the impeachment

5:02:55 to 5:03:16( Edit History Discussion )

Arlen Specter: of andrew and that issue was avowedded. -- avoided. and effort to circumvent the 60-vote rule. the unique states senate, which has frequently been called the

5:03:17 to 5:03:37( Edit History Discussion )

Arlen Specter: world's greatest body, is offer virtually any amendment on virtually any bill at virtually any time. that plus extended debate gives this chamber the opportunity to acquaint people with really serious problems and to acquaint the public and to build up a

5:03:38 to 5:04:00( Edit History Discussion )

Arlen Specter: public demand one way or another, that is, expression of speech and persuasion and in a setting where there's opportunity to advance the public good. if we start to shortcut that proced legislative change on items like

5:04:01 to 5:04:24( Edit History Discussion )

Arlen Specter: health care or global warming or education, we will destroy the most -- a most precious aspect of senate procedure. according to the congressional research service reconciliation -- quote -- "was created as part of the congressional budget act

5:04:25 to 5:04:46( Edit History Discussion )

Arlen Specter: of 1974 as a way to assure compliance with direct spending revenue and a dt level set forth in the budget resolution agreed to by congress." close quote. the rules governing consideration in the senate limit debate to 20 hours and when all amendments are considered, the bill then moves

5:04:47 to 5:05:08( Edit History Discussion )

Arlen Specter: on to a final vote. the house resolution this year instructs the e and the committee on ways and means to produce legislation on health care reform. and for the education and labor committee to produce legislation on investing in education. these committees could produce

5:05:09 to 5:05:29( Edit History Discussion )

Arlen Specter: legislation on other subjects within their jurisdiction including climate change. senator byrd in a speech on february 12th of 2009, at hearings on the senate procedures for consideration of

5:05:30 to 5:05:52( Edit History Discussion )

Arlen Specter: the senate budget resolution reconciliation had this to say, and we all know and pride senator byrd as the leading senate scholar and spokesman and also the author of the budget act of 1974, and this is what senator byrd said -- quote -- "i can say with confidence that the

5:05:53 to 5:06:13( Edit History Discussion )

Arlen Specter: process that the senate utilizes today hardly resembles the process envisioned in 1974. today the r serves as a reminder of how well intentioned changes to the senate rules can threaten the

5:06:14 to 5:06:35( Edit History Discussion )

Arlen Specter: inst reconciliation can be used by a determined majority to circumvent the regular rules of the senate in order to advance legislative procedures. " and senator byrd decried and protested loudly, and i think effectively, against that

5:06:36 to 5:06:56( Edit History Discussion )

Arlen Specter: process. this year, earlier this month, march 12th, 33 senators, including eight democrats led by senator byrd wrote to the budget committee chairman and ranking member using the budget reconciliation

5:06:57 to 5:07:20( Edit History Discussion )

Arlen Specter: process expedite passage of climate legislation." the letter stated -- quote -- "legislation so far-reaching should be fully vetted and give appropriate time for debate. something the budget resolution process does not using this procedure would circumvent normal sent practice

5:07:21 to 5:07:41( Edit History Discussion )

Arlen Specter: and be inconsistent with the bipartisanship, cooperation and openness." close quote. i think it worthwhile to for just moment on what president obama has emphasized on an effort to get bipartisanship, cooperation, and openness. and there are those of us on

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Arlen Specter: this side of the aisle who have cooperated. and i think it fair to say that to process would be a very strong blow against bipartisanship and cooperation. and i think obviously would

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Arlen Specter: obama administration in reaching across the aisle to get necessary republican votes. senator byrd went on to say -- quote -- "i was one of the authors of the legislation that created the budget reconciliation process in 1974 and i am certain that putting

5:08:25 to 5:08:46( Edit History Discussion )

Arlen Specter: health change legislation on a freight train through congress is an outrage that must be resiste close quote. pretty strong words. freight train and -- and outrage.

5:08:47 to 5:09:11( Edit History Discussion )

Arlen Specter: there are eight senators on the letter to the c ranking member and i would president, that the full text of the letter be included at this time. the presidg officer: without objection. mr. specter: o has been quoted -- one other democratic senator has been

5:09:12 to 5:09:32( Edit History Discussion )

Arlen Specter: quo tuesday, march 24, as warning that the circumvention of regular order could -- quote -- "do serious damage to our bipartisan effort." you have the statement of

5:09:33 to 5:09:55( Edit History Discussion )

Arlen Specter: chairman conrad in the marc march 26th article in the "the new york times" stating quote i don't believe reconciliation was ever intended for this purpose. it doesn't work well for writing major substantive legislation." senator baucus, the chairman of

5:09:56 to 5:10:18( Edit History Discussion )

Arlen Specter: very outspoken in his opposition. quoted as follows in "the hill" on march 26th of this year, senator baucus -- quote -- "reconciliation would hurt health care reform. it would make it partisan. it would hurt it. it would stymie it.

5:10:19 to 5:10:39( Edit History Discussion )

Arlen Specter: it would make it very bart san. the reconciliation then he goes on to point out "is not designed to deal with health care -- quote --"health care reform is so large that you're going to have many provisions not directly related to revenue

5:10:40 to 5:11:00( Edit History Discussion )

Arlen Specter: or directly related to spending." "the hill" article points out that senator baucus said that putting health care budget reconciliation would require that it be sunset after five years. senator baucus said -- quote -- "it has to be term limited five years. that's nuts."

5:11:01 to 5:11:23( Edit History Discussion )

Arlen Specter: those are his words. senator baucus also said that the cone way to pass -- quote -- "sustainable health care reform would be to attract republican support with which reconciliation protection would not be necessary." taking the eight senators who

5:11:24 to 5:11:44( Edit History Discussion )

Arlen Specter: signed the letter of mah 12th, and adding the senator identified in that i quoted plus senator baucus and senator conrad and adding tse to the 41 republican

5:11:45 to 5:12:06( Edit History Discussion )

Arlen Specter: likely be against misusing the reconciliation process, i don't speak for all of the but i think that's a fair inference, would more than e

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Arlen Specter: 41-8 -- would be 62 and that would prevent from senators who plus the vice president if he chose to sit to cast the 51st vote so that the reconciliation process would not -- would not be possible. but i think it is very important that all of

5:12:30 to 5:12:51( Edit History Discussion )

Arlen Specter: on this issue institutionally and how important it is. whenever you cite numbers there can always be slippage, but when you have the kind of strong language that i've referred here to strong reason that we should

5:12:52 to 5:13:12( Edit History Discussion )

Arlen Specter: have 51 votes somehow created in body to misuse the reconciliation process. madam president, i ask that a couple of comments be included in morning business. first, the introduction of the

5:13:13 to 5:13:33( Edit History Discussion )

Arlen Specter: legislation on flat tax. i ask that my full statement and a copy of the bl together with appendices be included in the record in mo the presiding officer: without objection. mr. specter: i further ask unanimous consent that there be included in morning business statement of

5:13:34 to 5:13:56( Edit History Discussion )

Arlen Specter: senator isakson's legislation, senate be listed as a co-sponsor, together with legislation, which i'm i what senate bill 253 does. i ask that the statements and the -- be included to add my

5:13:57 to 5:14:06( Edit History Discussion )

Arlen Specter: name as a co-sponsor to senate bill 253. the presiding officer: witho objection. mr. specter: and if the statement and text of the bill to extend the provisions of the