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| Jean Tinguely, Ballet des Pauvres, 1961, via WikiArt. |
Now that the budget reconciliation process is pretty much inevitable for the passing of the Covid relief plan, and the Senate's version of the bill has passed the Senate (at about 5:30 this morning), it's time to stop whipping up enthusiasm for this blow against Republican obstruction and start thinking about how disappointing and dispiriting it's going to be in actual practice, or, as Ezra Klein tells us from his new perch at The Times ("The Senate Has Become a Dadaist Nightmare")
The modern use of budget reconciliation is a kludge. The institution has become paralyzed by the filibuster and rather than rewriting its rules to solve that problem, senators have instead patched it through budget reconciliation. The Senate gets just enough done that no one can say it is actually impossible to pass big bills through the body. But budget reconciliation narrows the range of problems Congress can solve, the number of bills it can pass and the policy mechanisms it can use. No one would ever design a legislative body that worked this way, but this is how the Senate has come to work, one kludge on top of another. “For any particular problem we have arrived at the most Gerry-rigged, opaque and complicated response,” [Steven] Teles wrote. That is both an apt description of today’s Senate and of the kind of policy budget reconciliation produces.
In fact it's the king of kludges. The only other time the word "kludge" has ever been used as something other than a joke (a 1993 Russell Baker joke) in The Times was by Paul Krugman, in 2013 columns about the greatest of all reconciliation maneuvers, the passage of the Affordable Care Act, and a reference to the same Steven Teles paper:
