Are they breaking the law or ignoring it?  

Just because it has been used 20 times by both sides does not make it right or even legal. It just makes both sides wrong and law breakers. Which for the most part...both sides are.

lil, do you have any information that Reconciliation is illegal? The questions asked in this discussion relate to the legality of it, not whether anyone agrees with it or not. I do believe though that it's pretty unlikely that it was used 20+ times if it was not legal.

pretty unlikely they would do something 20+ times if it was illegal....lol...lol...remember this is our elected officials we are talking about. You know the same guys and gals who take "bribes" from lobbyists and corporations. The same ones who lie, cheat and steal. It is way of life for them..unforunately and much to our shame.

As for the history of Reconciliation. From what I have read it was set up for budget bills.
"A reconciliation bill is one containing changes in law recommended pursuant to reconciliation instructions in a budget resolution"
"A reconciliation instruction (Budget Reconciliation) is a provision in a budget resolution directing one or more committees to submit legislation changing existing law in order to bring spending, revenues, or the debt-limit into conformity with the budget resolution."
It has historically been used for omnibus budget bills.
Bill Clinton tried to use Reconcilation to pass his healthcare bill but was told by Bryd and other members of congress that the health care plan was out of bounds for a process that is about budgets. Clinton listened to them and did not use reconciliation for the bill.

It was not until Bush got into office that reconciliation was used for any other purpose than budgets. Which was illegal. But sure did not stop them. They used it to pass tax relief bills. Bryd (and others) told Bush that this was not the legal way to use reconciliation....Bush did not listen. He and members of congress did it anyway. So add up another law/rule Bush and his congress broke.


So you see....reconciliation is NOT illegal if used for the budget. But it is illegal to use it for anything else. yes even healthcare.

Now we will have to wait and see if Obama and his congress are as crooked and corrupt as Bush and his congress. Lets see if they think they are above following the law.

oh and the reason you are not hearing a HUGE outcry over this is because most of general public does not know the reconciliation law. They ASSUME that congress would not do it if it was illegal.Well you know what they say about assuming.

The reason the republicans in office are not screaming is because some of them are responsible for breaking the law when they used reconcilation to pass tax breaks. They don't want to be called out on it or have it used against them in their re-election campaign or used to hurt "their" party. Then it becomes the whole...you did it so you can't say I can't do it thing.

The democrats did scream about it when Bush and his congress did it...but have quited down on it now that they now want to use it themselves for purposes that it was not designed for.

The Byrd Rule is actually part of the rules of the House, not just opinion. In part, it states that it cannot be used on a bill that makes changes regarding Social Security funds, and by extension, Medicare. It must be invoked, rather than coming into play automatically, but once invoked it takes a 60 vote majority to override it.

http://www.rules.house.gov/Archives/byrd_rule.htm

Bush broke the law when he did too. Two wrongs don't make a right. reconcilation can only be used to reconcile budgets. that is it. Bryd is still standing by his statment.

Also they can only pass things in the bill that would "reconcile" a federal budget.
They are not going to be able to pass the "no pre-existing conditions clause" part using reconciliation...because it does not have to do with government budgeting. They will not be able to pass insurance companies not being able to drop people for getting sick...because it does not have anything to do with a federal budget.
They can not pass laws that will effect the "private sector" using reconcilation...because reconcilation is for the federal government itself and it's budgets. Yes they can use it to raise the amount they pay out in medicare. Yes they can use it to cut how much money is put into a government programs budget...or add to it. But that is about it.
There a lot of things they are not going to be able to even touch because of using this process. What IS going to be able to be passed is not going to accomplish a dang thing...but them being able to say they passed SOMETHING. But it is not going to make a difference in lives of most americans.