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How to fix the problem with 51 votes instead of 60
The Senate filibuster requires 60 votes to pass most legislation. Since neither party typically controls 60 seats, major policy changes are nearly impossible.
Direct minimum wage increases are subject to the filibuster. Even with majority support, they can be blocked by 41 senators.
The 2021 attempt to include a $15 minimum wage in the American Rescue Plan was ruled out of order by the Senate Parliamentarian.
Despite majority support for higher wages, the federal minimum has been frozen at $7.25 since 2009.
Budget reconciliation is a special legislative process that allows certain budget-related bills to pass with a simple majority (51 votes) instead of the 60 needed to overcome a filibuster.
The key is that reconciliation bills must primarily affect federal spending or revenue. They can't include "extraneous" policy provisions.
While a direct minimum wage increase doesn't qualify, an EXCISE TAX on employers who pay low wages DOES qualify. It's a tax that raises revenue, clearly budgetary in nature.
Introduced by Sen. Bernie Sanders in 2018, this act would impose a tax equal to 100% of the cost of federal assistance programs received by a company's workers.
Congress has broad authority to levy taxes under Article I, Section 8 of the Constitution. Excise taxes on specific activities or business practices have been upheld repeatedly.
The Supreme Court has consistently held that taxes need not be popular or wise to be constitutional. They need only be within Congress's enumerated powers.
“The power to tax is the power to destroy... but it is also the power to shape economic behavior.”
The Byrd Rule prevents "extraneous" provisions in reconciliation bills. A provision is extraneous if it doesn't change spending or revenue, or if it produces changes merely incidental to its non-budgetary purpose.