you are wrong period. the means that have been used so FAR to pass this bill have been a strait up and down vote in the house of representatives passing the senates health care bill. that being said, since the senate has to confirm this bill and most likely there will not be 60 votes that are needed to end the filibuster the SENATE not Obama but the SENATE will use a rule called budget reconciliation. this basicaly means that it will end the filibuster and there will be an up or down vote on it, a simple majority will get it passed with 51 votes. this method has been used questionably many times throughout history Since 1980, 17 of 23 reconciliation bills have been signed into law by
Republican presidents (a Republican has been president for 20 of the
last 29 years). this is not some sneaky backhanded tactic that can be used on any bill it mus fit a certain set of criteria:
Reconciliation generally involves legislation that changes the budget deficit (or conceivably, the surplus). The "Byrd Rule" (
2 U.S.C. § 644, named after Democratic Senator
Robert Byrd)
was adopted in 1985 and amended in 1990 to outline which provisions
reconciliation can and cannot be used for. The Byrd Rule defines a
provision to be "extraneous" (and therefore ineligible for
reconciliation) in six cases:
- if it does not produce a change in outlays or revenues;
- if it produces an outlay increase or revenue decrease when the instructed committee is not in compliance with its instructions;
- if it is outside the jurisdiction of the committee that submitted
the title or provision for inclusion in the reconciliation measure;
- if it produces a change in outlays or revenues which is merely incidental to the non-budgetary components of the provision;
- if it would increase the deficit for a fiscal year beyond those
covered by the reconciliation measure, though the provisions in
question may receive an exception if they in total in a Title of the
measure net to a reduction in the deficit; and
- if it recommends changes in Social Security.
Any senator may raise a procedural objection to a provision believed to be extraneous, which will then be ruled on by the
Presiding Officer, customarily on the advice of the
Senate Parliamentarian.
A vote of 60 senators is required to overturn the ruling. The Presiding
Officer need not necessarily follow the advice of the Parliamentarian,
and the Parliamentarian can be replaced by the
Senate Majority Leader.
[7]. However, this hasn't been done since 1975.
[8]
if your wondering that is all from Wikipedia but i read it over briefly and it agrees with my prior knowledge.
also on another note the biggest part of this is that a bill must be fiscally neutral it either must not increase our national debt or it must decrease it. Which is something many people in this thread have been wrong about, this bill will DECREASE OUR NATIONAL DEBT. Get that into you heads already.
another side note is that congress during George bush's terms passed three bills under this procedure all of which were projected to increase our debt, which should not have happened.
the Senate Parliamentarian is the one who gets to decide whether or not the bill meets this critera and so far he has sided with the bill all the way.