The Senate will resume consideration of S. 3816, Democrats’  bill to raise taxes on certain American companies, in other words a competitive  disadvantage bill.  Senate Majority Leader Harry Reid as scheduled a  live quorum call at & PM, which asks the presence of all senators. Democrats want to  force debate on their bill.
On Tuesday at 11:30 AM the Senate will vote on cloture on the  motion to proceed to S. 3816.  Reid has also filed cloture on the motion to proceed to  H.R. 3801, the Fiscal Year 2011 State-Foreign Operations appropriations bill,  which is expected to be the vehicle for a Continuing Resolution to fund the  government past the end of the 2010 fiscal year on Thursday.
After wasting time last week on playing politics, Senate  Democrats now finally appear interested in discussing issues related to the  economy. But unfortunately, they’ve decided to prioritize another political  exercise instead of seriously doing something to foster economic  growth.
According to The  Wall Street Journal, “The Senate will consider a bill this week aimed at  discouraging U.S. businesses from outsourcing jobs overseas, a plan that  Democrats describe as an effort to fight unemployment but which Republicans  deride as a pre-election political maneuver. Democrats admit they don’t have  enough votes to defeat a possible attempt by Republicans to block the bill. But  they hope that bringing the issue to the Senate floor will underscore their  concern about unemployment, now at 9.6%.”
Democrats’ admission that they don’t have 60 votes for this  bill is just one of several factors indicating that this is once again an  unserious exercise. Certainly, Democrats haven’t been reading the Constitution  very closely this Congress, but this latest bill, S.3816, presents a bit of a  problem for them. The bill originated in the Senate, but it “rais[es] revenue,”  in other words, raises taxes, and the Constitution states that “All bills for  raising revenue shall originate in the House of Representatives.” So, if  Democrats really wanted to pass this bill, they’d have used a House-passed bill  as a vehicle for this language. 
Another problem pointing to Democrats’ unserious approach is  that of timing. Majority Whip Dick Durbin (D-IL) told Roll  Call last week that Democrats were eying adjourning by the end of this  week to go home and campaign. But before Congress leaves, it must pass a  continuing resolution (CR) to fund the government until Congress reconvenes,  because Democrats have failed once again to complete work on appropriations bill  before the end of the fiscal year on September 30th. Senate Majority  Leader Harry Reid (D-NV) has already filed for cloture to move to a continuing  resolution this week. But if cloture is invoked on Democrats’ “outsourcing  bill,” that will leave no time to also take up the CR if the Senate is to leave  by Friday. So Democrats either expect to lose the cloture vote tomorrow or plan  to spend little to no time on the bill.
And that’s without even getting into the substance of the  Democrat bill, which some Democrat senators are already criticizing. The  Wall Street Journal reports, “Sen. Max Baucus, the Montana Democrat who  chairs the Senate Finance Committee, expressed concern last week that the bill  would damage the competitiveness of U.S. companies, said Congress Daily, a  Capitol Hill publication. ‘I think it puts the United States at a competitive  disadvantage,’ Mr. Baucus said. ‘That’s why I’m concerned.’” The WSJ also  notes, “The Business Roundtable, a trade group representing chief executives of  big U.S. companies, sent a letter to senators on Friday urging them to vote  against the anti-outsourcing bill, saying it would harm the economic recovery  and result in job losses.” Recall that the Business Roundtable was a close ally  of Democrats and the Obama administration in passing their unpopular health care  bill. Yet even they think Democrats’ competitive disadvantage bill is a bad  idea.
The  Wall Street Journal’s editors have little patience for this poorly conceived  legislation. “Democrats may be dodging a vote on the Bush-era tax cuts, but that  doesn’t mean they don’t want to raise taxes before November. Witness this week’s  showdown in Congress over increasing the tax on the profits of American  companies with foreign subsidiaries to punish firms that relocate plants  overseas. How much more harm can this crowd do before it’s run out of town? Like  so many others, this tax increase is being promoted by President Obama, who  declared last week that ‘for years, our tax code has actually given billions of  dollars in tax breaks that encourage companies to create jobs and profits in  other countries. I want to change that.’ Democrats around the country are making  this issue their number one campaign theme, since they can’t run on health care,  stimulus or anything else they’ve passed into law.” The editorial continues,  “We’re all for increasing jobs in the U.S., but the President’s plan reveals how  out of touch Democrats are with the real world of tax competition. The U.S.  already has one of the most punitive corporate tax regimes in the world and this  tax increase would make that competitive disadvantage much worse, accelerating  the very outsourcing of jobs that Mr. Obama says he wants to  reverse.”
The WSJ editors conclude, “The lesson here is that tax rates  matter in a world of global competition and the U.S. tax regime is hurting  American companies and workers. Mr. Obama would add to the damage. His  election-eve campaign to raise taxes on American companies making money overseas  may not be his most dangerous economic idea, but it is right up  there.”
What Senate Democrats, encouraged by President Obama, have  here is another political show vote, designed almost exclusively for themselves  to campaign on, and not with an eye to actually addressing serious economic  problems or even having a serious debate in Congress. It’s long past time for  Democrats to stop playing political games and do some real legislating on  something that would help all Americans, including job creators: preventing  massive tax increases in January.
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Today in Washington, D.C. - Sept 27, 2010 - Another Political Show Vote By Dems Risks Putting U.S. At "Competitive Disadvantage"
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