As I write this edition of the Wednesday Wonk, the Democrats are working to develop a compromise concerning to critical issues. First, how much the Build Back Better infrastructure bill cost?

Some want to ‘go big’ while others feel a smaller price tag will suffice. Second, what should the so-called Human Infrastructure bill look like and how much can we afford?

Some members want to spend less money while others insist on passing their bill first before even considering voting on the other bill.

Now the Wonk doesn’t pretend to know what’s going on behind the scenes right.  

Nevertheless, I thought it might be helpful to share some insights from passing major legislation—especially the Americans with Disabilities Act—to illustrate how the process works.

Usually, coalitions of like-minded groups band together to work of legislation of this magnitude. Working together—they develop what’s sometime referred to as the “bottom of the briefcase memo”.

This is a position paper—perhaps even draft legislation—beyond which the coalition will not compromise.  I hasten to add that adopting these position papers is a difficult matter.

Once the bottom of the briefcase memo is developed—it’s kept under wraps.  

Why, you ask?  

Because you wait until the ideal moment when the members of Congress negotiating the bill are ready to talk. Occasionally, they’ll agree to a position which is better than the briefcase memo.

Seasoned professionals often have “give-away” amendments.  These are amendments which appear to give in to the other side.  

In reality, these are small concessions which were either never within grasp and/or are not all that important.  

Why do this?  

Odd as it may seem, when you’re willing to agree on some things—you strengthen your positon for the bigger issues.

At just the right moment—when all hope seems lost—you and your beloved coalition swoops in and save the day!  

You present your briefcase memo complete with details and legislative language.  This may not always work. Nevertheless, the briefcase memo will offer a ‘starting point’ which will strengthen your coalition’s position to negotiate.

The Wonk hastens to add that the “Build Back Better” negotiations are different in one way: usually legislation of this magnitude takes years—not days—to enact!  

The Americans with Disabilities Act is a case in point.  It took a large coalition of persons with disabilities years of hearings, meetings, and heavy negotiations to enact.  It’s also critical to remember the role of legislative history in the development complex legislation.

The Wonk does not envy those people working on the two pieces of the Build Back Better legislation.  

I am certain there are many coalitions and countless Hill staff working around the clock to find a solution to this problem.  

It underscores what faithful Wednesday Wonk readers already know: the development of constructive public policy is a complex—and at time thankless—process.  

Yet, it is through this process that our government can truly be by and for the American people!

That’s it for the Wednesday Wonk.  Not sure of next week’s topic! Any burning questions? Have a burning question?  Write to me and I’ll do my best!

Until next time, Happy reading!