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To: Congressman Billybob
Any Senator can appeal the ruling of the Chair. The body then votes by a majority to uphold or reject the ruling of Chair. So let us assume that Vice President Biden is in the Chair and he rejects the opinion of the Parliamentarian, and a simple majority of the Senate goes along with that.

No, I think it takes 60 votes to overrule the parliamentarian.

The Budget Act also maintains that reconciliation provisions must be related to reconciling the budget. For example, section 313 of the Budget Act, more commonly known as the "Byrd Rule", provides a point of order in the Senate against extraneous matter in reconciliation bills. Determining what is extraneous is often a procedural and political quagmire navigated in part by the Senate Parliamentarian. The Byrd Rule and other points of order in the Budget Act may only be waived in the Senate by a three-fifths vote.

61 posted on 03/16/2010 2:49:53 AM PDT by ding_dong_daddy_from_dumas (Pat Caddell: Democrats are drinking kool-aid in a political Jonestown)
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To: ding_dong_daddy_from_dumas
Here's how it goes: A member raises a Point of Order that a certain provision (about half of the “health care” bill and half of the “student loan” bill) does NOT belong in reconciliation. The Parliamentarian states his opinion.

The Chair (presumably Joe Biden on this occasion) issues his ruling, which can reject or accept the opinion of the Parliamentarian. Assume that Biden is in the tank for Obama, so he rules falsely that all this extraneous stuff belongs in the reconciliation process.

If anyone objects, the whole Senate then votes to uphold or reverse the Chair by a majority, only. And if there is a tie, Biden can vote to break the tie.

The point of the Byrd Rule is to prevent extraneous matters in budgetary process. But if the people in charge are willing to lie about it, the protection disappears.

John / Billybob

62 posted on 03/16/2010 7:03:05 AM PDT by Congressman Billybob (www.TheseAretheTimes.us)
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