House leaders have scheduled a vote for next Friday or Saturday according to Politico on ObamaCare. Reports indicate that House leaders are planning to pass ObamaCare without a vote. Assistant to the Speaker Chris Van Hollen (D-MD) advised Democrats not to talk about the procedure to pass the bill. Speaker Nancy Pelosi (D-CA) has come up with a very complicated procedure to get ObamaCare to the President’s desk without House members having to vote directly on the bill. So much for the Constitution that says that a bill does not become a law until the House and Senate pass identical bills, and then the President signs that legislation.
Chris Frates at Politico writes about a Van Hollen leaked memo to Democrats:
The office of Rep. Chris Van Hollen, who is the assistant to Speaker Pelosi, sent a memo to Democratic staffers today telling them to clear members’ schedule for next weekend, saying a vote could come as early as Friday or Saturday, and noting that it was no coincidence that President Obama pushed back his trip abroad from March 18 to March 21st.
For those of you who didn’t believe the liberals in Congress were crazy enough to push forward with ObamaCareafter poll numbers continue to indicate that a vote for this bill is political death for many moderate Democrats, it is time to believe it. President Obama has delayed a trip overseas to continue this lobbying and PR campaign for his government centered approach to comprehensive health care reform for a reason. Pelosi has scheduled a vote for late next week after weeks of negotiating a procedure to pass the bill within the caucus. This is ObamaCare’s last stand with the President and Pelosi pulling out all the stops to get it passed.
It is not suprising that Van Hollen advised members to avoid any talk about the unconstitutional manner in which they are considering to pass the bill.
The Van Hollen memo also advised members to avoid talking about the process. “At this point, we have to just rip the band-aid off and have a vote — up or down; yes or no? Things like reconciliation and what the rules committee does is INSIDE BASEBALL,” the memo says. “People who try and start arguments about process on this are almost always against the actual policy substance too, often times for purely political reasons.”
The Constitution clearly states that the House and Senate have to pass a bill before it is send to the President. (See Article 1, Section 7) The House is expected to take up a rule that will deem the Senate passed version of ObamaCare to be passed without a vote upon a condition. The House will be drafting up a reconciliation measure to amend ObamaCare in a manner that avoids a Senate filibuster and skirts the requirement that reconciliation measures reconcile existing law to help balance the budget. This is all very complicated, but the bottom line is that Dems in the House have come up with a procedure to pass ObamaCare while protecting moderate Dems by avoiding a direct vote on the bill.
Leadership expects a CBO score on the reconciliation package by today or Monday. No decisions have been made on how the final process will unfold on the House floor, the memo says. So it appears Democrats are still grappling with whether they can use the process to pass the Senate bill without voting directly on the bill. Many Democrats view the Senate bill’s deals and policies as a toxic political mix that they would rather not endorse without first making changes to it.
It is clear in this memo that they may back away from the unconstitutional procedure to pass ObamaCare, but it is on the table right now. Van Hollen understands that moderate Dems “would rather not endorse (i.e. vote on) without first making changes to (ObamaCare).” They want to use reconciliation to make changes to ObamaCare, but they don’t want to vote in favor of ObamaCare unchanged. They don’t seem to have the votes to pass ObamaCare with a direct vote and without a reconciliation measure accompanying that bill. The great irony is that no matter what procedure they attempt to use, the Senate passed version of ObamaCare will go to the Presidents desk unchanged after the House votes on a procedure.
Here is the Van Hollen timeline according to the memo published by Politico:
TODAY or MONDAY: CBO will publish final scores on legislative language
THEN: House Budget Committee must approve using the reconciliation process to pass this
THEN: The bill will go to the Rules Committee, rule will be constructed for consideration on the floor, and language will be posted online (on the Rules website) and the 72-hour clock will start. When this happens, we will start to have a better idea on what the process will be.
THEN: A Manager’s Amendment will be constructed that will make some final changes
THEN: The Manager’s Amendment will be posted online and the 72-hour clock will start (this may overlap with the 72-hour clock on the reconciliation language). When Manager’s Amendment is done final process decisions will be locked in.
THIS MEANS: We will likely vote Friday or Saturday. (As you probably saw, POTUS pushed back the departure for his Asian trip from Thursday the 18th to Sunday the 21st; this was not a coincidence.) The Speaker has publically committed to trying to get a vote on both the reconciliation bill and the Senate bill on the same day. They are still trying to work out the final process on this and much of what we do depends on what the Senate Parliamentarian decides. You may be receiving calls about the “Slaughter Rule” and other rumors about what the process will be. Again, please understand: no decision has yet been made on the process for consideration on the House floor.
The United States Constitution is clear. The House has to vote on legislation before it can go to the President. Although Democrats will undoubtedly produce a long list of resolutions passed by Republicans to purportedly do the same thing, it seems like a clear violation of Article 1, Section 7 that states in part “Every bill which shall have passed the House of Representatives.” A bill has not passed the House of Representatives if the House does not vote on it directly. Many will argue that this is a political question and the Courts have no jurisdiction to hear the case. That maybe true, yet our Representatives and Senators have taken an oath to the Constitution and they should not proceed with a procedure that may be a violation of that oath.
Next week the House may have the final vote on a measure to pass ObamaCare. A debate on the constitutionality of the actions of the House should be part of any discussion on ObamaCare, because this procedure is going to have a dramatic impact on what makes it, or does not make it, to the President’s desk in the name of health care reform.
KnightsofMalta
Steve Maley
Caleb Howe
The Worst Part
Right Reason (Diary) Saturday, March 13th at 10:44AM EST (link)The worst part of all is that if this goes through, they’ll have to TOTALLY redo the “I’m Just a Bill” bit from America Rock!
Success is not final, failure is not fatal: it is the courage to continue that counts.
- Winston Churchill
They'll use TARP money for that. nt
mbecker908 (Diary) Saturday, March 13th at 11:13AM EST (link)Other MAJOR constitutional problems with Obamacare
repealthe16tha Sunday, March 14th at 7:40PM EST (link)Constitution-defending patriots need to start raising their voices about other serious constitutional problems with Obamacare too. Please consider the following.
Here’s why Obama, Reid and Pelosi are in contempt of the Constitution that they have hypocritically sworn to defend. They are unthinkingly basing their so-called constitutional authority to make healthcare legislation on perversions of the Commerce Clause by pro-big federal government justices in the 1930s and 40s.
Eight of these justices were nominated nominated by FDR, an enemy of the Constitution, and caved in to perverting the Commerse Clause to give the green light to illegal spending legislation inspired by FDR. The justices did so by scandalously ignoring state sovereignty statutes like Article V and the 10th Amendment when deciding cases which tested the limits of Congress’s powers. So here’s the situation.
Given that the federal Constitution is silent about public healthcare, the 10th Amendment automatically reserves government power to regulate healthcare to the states, not the Oval Office and Congress.
In fact, the USSC has already decided that Congress has no business sticking its big nose in the medical practice.
“Direct control of medical practice in the states is obviously beyond the power of Congress.” –Linder v. United States, 1925. http://supreme.justia.com/us/268/5/case.html
So presuming that they really know that they don’t have the constitutional authority to make healthcare legislation, Obama, Reid and Pelosi are criminally ignoring the following.
Article V requires Reid and Pelosi to rally Congress to propose a healthcare amendment to the states for ratification. And should the states choose to ratify such an amendment, then Congress would have the power to make Obamacare legislation.
On the other hand, the states can always choose not to ratify such an amendment, in which case Congress remains without constitutional authority to regulate healthcare.
In the meanwhile, Obama, Reid and Pelosi are treasonously basing Obamacare legislation on constitutionally nonexistent federal government powers. So they might just as well make legislation to build a federal prison for corrupt presidents and congressmen and move into it.
The bottom line is that Constitution-defending patriots have a big mess to clean up in DC in this year’s midterm elections.
70% of Americans who do not want this
izoneguy (Diary) Saturday, March 13th at 10:53AM EST (link)would probably have a right to sue for mental distress.
Imagine the lawyers lining up to get their 70% of a TRILLION dollar settlement….
LOL
This will be marked as the end of Obama’s “historic” presidency.
And also the death of the democratic party.
The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.
Maybe they don't care that their party is going to be dead
Richard Mullins (Diary) Saturday, March 13th at 10:57AM EST (link)because they might want to create a new political party. Anyways, my personal thoughts is that they will only get a vote on this when it’s too late to save many congressmen/women in there party(I think that the real vote will be in August or September).
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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.
Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.
they won't NEED a party if this gets passed
Next93 (Diary) Saturday, March 13th at 11:12AM EST (link)As Mark Steyn pointed out, if this passes the parties become superfluous; with the people beholden to the government for life and death, “the conservatives may occasionally be in office, but they’ll never actually be in power”.
The political process (and for that matter, democracy itself) have always been nothing more than an annoyance to the statists. Who needs to bother with democacies and parties when you have operational control of a bureacracy that controls every aspect of every citizen’s life?
Obama was The One in 2008.
He’ll be a BIGGER one in 2012.
Look for card check, universal voter registration and amnesty next.
mbecker908 (Diary) Saturday, March 13th at 11:15AM EST (link)And don’t plan on picking up the House or the Senate in November.
I'm convinced the Slaughter trick
redneck_hippie (Diary) Saturday, March 13th at 11:40AM EST (link)will be used.
1. The Dems need to get this finished now.
2. They can’t get the votes to pass it without the Slaughter trick.
3. They need to test out the Slaughter trick because none of their other agenda can be passed constitutionally.
4. Whether the trick works or doesn’t, they need to know if they will be able to use it after the election to pass more wrecking ball legislation.
Actually, If They Pass ObamaCare & Amnesty, A *Sedition* Law Is Sure To Be Next
IJB Saturday, March 13th at 12:01PM EST (link)I’ve been convinced for a while that, if they’re successful with this, they’ll start a media campaign to demonize “tea partiers” and use it to pass a Sedition Law.
That’s why it’s crucial that this gets stopped here – because if they get away with this, the criminalization of all of their political opponents is sure to follow in short order. It’s inevitable.
Absolutely
Swamp_Yankee (Diary) Saturday, March 13th at 11:15AM EST (link)I get annoyed at people who look at everything throught the prism of elections. Steyn needs more attention. Elections wont matter much if they get their agenda passed. Repeal is a pipe dream.
Dittos or is that Dittoes
cdrapcho Saturday, March 13th at 11:46AM EST (link)I couldn’t agree more. If this monstrosity passes it’s over!! Elections won’t matter. Steyn did say something awhile back that I thought was profound. He said if America ushers in socialism i.e. Obamacare, then the election campaign paradigm will shift. The debate will become: Democrat, “I will spend your money”; Republican, “I will spend your money more efficiently!”
Unless you believe this has already happened? I was still clinging to hope at that time.
It seems to me that even some of the good people here at RedState(and their comments) don’t understand what is at stake. We need to act now. On a large scale. That’s a big calling, and I feel, unfortunately, it won’t be done.
Going back to my coffee now. With chicory here in New Orleans. Maybe I can make socialism work for me!
well i fully expect
avgjo (Diary) Saturday, March 13th at 12:34PM EST (link)that everyone wringing their hands, eg steyn et. al. will immediately shut down shop and be silent if/when this passes.
I mean, if it is so bad, and so hopeless, what is the point of going on?
That’s the logical consequence of this defeatist nonsense.
My God, I would not want to have been stuck at Valley Forge with such people.
Ceterum autem censeo, Obamaecuram esse delendam.
55555
earlgrey (Diary) Saturday, March 13th at 1:13PM EST (link)Thanks for your post on this.
I am in the defeatist camp usually, but I need a reason to fight. You can’t fight without hope. I’d like to see some posts on this.
If HCR passes than what good is the s. Brown election? That us how the defeatist attitude can rob us of our spirit. Americans are not the same as Europeans and canadians they have more fight, spunk and stubborness.
I also think that Rs and conservatives should stop trying to look good in front of the media. I know there was a lot of criticism
directed at Bunning, but we have to keep taking these seemingly unpopular stances in order to make the differences in our parties and to expose the dems and msm. The rules have changed and It is time we change along with it.
Amen, bro.
avgjo (Diary) Saturday, March 13th at 1:32PM EST (link)I read some column this week that referred to distrust of government being hard wired in American DNA. That’s the truth.
You know what we should do? We put plenty of fire under the feet of the Dems. and we’re not their constituents, and yet look how much havoc we have managed to wreak on their agenda. 14 months, and they still haven’t done anything besides porkulus.
We will have to put the same pressure on the GOP to do our bidding; shut down government in 11 to get that joke we call a president to sign a repeal, or to cut back entitlements. We should have put the same amt. of pressure on them for not backing bunning. But I understand we’re too busy fighting this trash right now.
One last thing that gives me a lot of hope.
The only reason entitlements here in the US don’t get rolled back is what you said; the GOP cares too much about what the other side thinks. That seems to be changing.
Before S. Brown, none of them except Coburn would use the ‘r’ word: repeal.
Now, they are. Boehner just yesterday said he would ‘absolutely’ push repeal.
THAT’S what good the S. Brown election did.
Did you know that many libs are scared to death that this will destroy their party AND be repealed?
Recall Dean’s comments. Also, Daschle in his book warned against passing this kind of thing unilaterally, because it would be repealed; he cited the same thing happening in Australia in the 80′s. And with all due respect to our Australian cousins,whom I love, we won our liberty; they had to be given it. So if it can happen there, it can happen here.
Ceterum autem censeo, Obamaecuram esse delendam.
I Wouldnt Want To Be Stuck
Swamp_Yankee (Diary) Saturday, March 13th at 1:32PM EST (link)I Wouldnt Want To Be Stuck with people who are content watching this from the sidelines and waiting for Novemeber to “show ‘em”. That is defeatist to me and ridiculously idealistic.
You don't know me.
avgjo (Diary) Saturday, March 13th at 2:04PM EST (link)You don’t know which campaigns I have been involved in. You don’t know who I have written/called, etc. You don’t know how much money I have donated.
So keep your uninformed comments to yourself.
If my comment struck a nerve (handwringing, whining), that’s not my problem.
No one is waiting ’til November to ‘show em’. I and many others are fighting.
They’re listening at some level, but they still seem determined to push this through.
We have to have a contingency. Just as the US during the Cold War had contigencies for Soviet invansions, Nuclear weapons. they did everything to prevent those and they did, God Bless ‘em. But they still had contingencies.
You know what is idealistic? Pretending that this passing is not a possibility.
Again, such people would not have been good at Valley Forge. We’d be subjects today.
Ceterum autem censeo, Obamaecuram esse delendam.
Overreact much?
JX12 (Diary) Sunday, March 14th at 1:56AM EST (link)He wasn’t criticizing you. It’s not entirely clear to me if you were even the one to whom he was directly responding – but even if so, no matter. He just made a statement about defeatists. He didn’t lump you in with them. One could even draw the conclusion that he was agreeing with you.
Switch to decaf.
We are a Banana Republic,
mdd1956 Monday, March 15th at 8:35AM EST (link)and the fact that these legislative moves are so seriously contemplated proves it.
Win, loose or draw, we need to reassert the state’s roles, pass nullification legislation in every state etc.
Mark Steyn Op Ed is Spot On
Brian Darling (Diary) Saturday, March 13th at 11:18AM EST (link)It is about Government, not Health Care – this Op Ed is correct. Steyn argues that this whole effort will shift the Republic to the far left and we will cease to be a center-right nation. I urge you to take a moment to read Mark’s excellent column – http://article.nationalreview.com/427119/its-about-government-not-health-care/mark-steyn
Having them pass HCR is never a good idea
Richard Mullins (Diary) Saturday, March 13th at 11:31AM EST (link)because it’s the steamroller to the rest. I’m guessing that it seems not to be passing and if it does, we might as well have robots in congress because politicians won’t matter at that point.
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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.
Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.
Steyn nails it
Erick Brockway (Diary) Saturday, March 13th at 4:58PM EST (link)Note to lefties;
“Don’t be afraid to see what you see.” -Ronald Reagan
Activists taking Action
Join the RedState Strike Force
I'm sure we might as well give up on having congress if one part passes
Richard Mullins (Diary) Saturday, March 13th at 11:24AM EST (link)but it doesn’t quite seems that the first sticking point does pass(Health care Reform). If they think have the votes, have a vote. The more talk, the more the agenda gets soured. If the first doesn’t make it, then the rest is dead.
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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.
Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.
The very idea of the "slaughter rule" tells us
Richard Mullins (Diary) Saturday, March 13th at 10:54AM EST (link)that they don’t have the votes and still want it passed, even if violates the constitution. I don’t know why they continue to keep anything that is so unpopular out in the media. I guess they don’t care what happens to them politically.
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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.
Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.
The Dems have been acting that way
exidore (Diary) Saturday, March 13th at 11:09AM EST (link)for a while now, and it’s obvious that NJ & VA governorships and MA senate election results have not dissuaded them from this path.
I sent a very blunt email to my congressman (David Scott, D-GA) telling him the conservatives in his district would leave no stone unturned to unseat him in November if he supported this legislation. Of course, he appears to be drinking the Koolaide.
So I ask the question (again) what do they know we don’t? Is November going to be rigged or postponed/cancelled? It just does not make any sense at all to me.
I am not quite sure how stable the Republic actually is right now.
“Death smiles at everyone. Soldiers smile back.”
I don't think they'll use the Slaughter rule...
writeblock Saturday, March 13th at 12:18PM EST (link)How do you amend a bill without changing it? You don’t. If you amend it, you change it. If you change it, you must send it back to the Senate for a re-vote and subject it to a filibuster.
The only way you can amend the Senate bill without going through this normal procedure would be to vote first for the Senate bill unchanged, then send it to the President for his signature unchanged, and THEN–after it has become law–amend it to change it. By then it has become a law and subject to amendments.
The attempt to go around this would be insane and would not pass muster constitutionally. It would violate every known precedent for passing bills in the Congress. What would make this even more shocking is that it would be done with no bipartisan support and in defiance of every known poll regarding the opinion of the American people. It smacks of real tyranny–far beyond what we fought a revolution over.
I'm figuring that it's all talk now
Richard Mullins (Diary) Saturday, March 13th at 12:40PM EST (link)and this way to try to get the wayward Dems on board. Getting those members on board is going to take sometime and time is something that they can not afford. I wouldn’t get all worked up right now about things because, they aren’t getting anywhere.
Richard Phillip Mullins BlogThe Squash Satire SiteNews on Happy Jet Airlines
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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.
Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.
I hope you're right,
cari Saturday, March 13th at 3:16PM EST (link)Richard. If talk of circumventing the constitution is how they plan to get wayward Dems on board, so far, it seems to be backfiring.
Could Obama VETO the reconciliation portion?
tommyjax Saturday, March 13th at 10:58AM EST (link)I admit that I don’t have a good understanding on what is planned here.
That said, it appears the Senate bill and some accompanying “reconciliation” is in the works.
IS IT POSSIBLE that Obama (and Pelosi / Reid) will pull a bait and switch and Obama will sign the Senate portion and then VETO the reconciliation portion — leaving the Senate bill as the (unconstitutional) but enacted law of the land?????
Yes, this would have dire consequences for the Dems in the midterm elections, but it is increasingly clear that Obama is an ideologue on a mission, and that he considers Democrat officeholders (if not the Democrat Party itself) to be useful idiots, expendable in the cause of the revolution.
He Doesnt Need to Veto
Swamp_Yankee (Diary) Saturday, March 13th at 11:08AM EST (link)IThe recon bill will get lost in the Senate for months, while they move on the enacted version. But he probably wont veto it anyway.
Yes - President does not have to sign Reconcil Measure
Brian Darling (Diary) Saturday, March 13th at 11:08AM EST (link)President does not have to sign reconcilation measure and there have been 3 reconciliation measures vetoed in the past. Don’t know the years off the top of my head. It is possible to not sign reconciliation, but the President may want to because of the provision favored by big labor that delays increased taxations on high end health care insurance plans.
RE: Van Hollen Memo
Swamp_Yankee (Diary) Saturday, March 13th at 10:58AM EST (link)Van Hollen Memo states:
“The Speaker has publically committed to trying to get a vote on both the reconciliation bill and the Senate bill on the same day. They are still trying to work out the final process on this and much of what we do depends on what the Senate Parliamentarian decides.”
They are planning two votes.
They can passboth bills. Send one to the POTUS for signature then, then immediately forward the recon bill to the Senate.
Lots of focus on the Slaughter Rule, but the key is still pressuring lawmakers on the Senate Bill vote. Too early for SCOTUS talk. Hit the phones. Send the emails. Pressure the fence sitters.
My guess is that they keep talking until they get closer to a good vote
Richard Mullins (Diary) Saturday, March 13th at 11:13AM EST (link)So we have plenty of time. Chris Van Hollen seems to be the smarter one on this and is the one at the DCCC(unless somethings changed). This vote is going to definitely be further out in the year(I’m thinking more like August or September) because they really haven’t worked out the particulars that need to be ironed out.
Richard Phillip Mullins BlogThe Squash Satire SiteNews on Happy Jet Airlines
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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.
Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.
There are multiple permutations of this plan
Brian Darling (Diary) Saturday, March 13th at 11:14AM EST (link)1. Slaughter Rule – House pass rule that deems Senate passed version of ObamaCare to be passed when reconcil measure passed. Reconcil has to pass Senate then bills enrolled together and sent as a package to President.
2. Another Verion of Slaughter Rule – House passes rule that deems Senate passed version of ObamaCare to be passed when reconcil measure pased. Reconcil goes to Senate and ObamaCare goes to President. President signs ObamaCare and awaits Senate work on reconciliation measure.
3. Walk the Plank – House votes on Senate passed ObamaCare and House blows off reconcilation measure. This is not a great strategy and if they go this route, they might accept defeat on ObamaCare so they can shift into “Party of No” rhetoric to blame Rs for defeat.
4. Lame Duck – Stand down then jam ObamaCare in the lame duck session after the elections.
Am I missing any?
I'm looking at them going into lame duck mode
Richard Mullins (Diary) Saturday, March 13th at 11:37AM EST (link)later in the year. You might have a better incite as to whats going on but it seems that in my brain,I’ve figured that they are going to run down the amount of time they have.
Richard Phillip Mullins BlogThe Squash Satire SiteNews on Happy Jet Airlines
Rmullins Pics
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Joe Biden is like a Decrepit Park owner with a Meth lab that happens to not only be a dealer but a user.
Let’s Bankrupt the Democratic paty. Make spend all the money to defend thier candidates.
This is a nightmare
retail1 Saturday, March 13th at 11:03AM EST (link)of a tennis match that will not end! Back and forth, back and forth and I am screaming for them to wake up! My gray hairs are coming back but I am calling, emailing and faxing all of them to just say NO!
I hope Obama is sent packing on his trip deflated and mourning the death of Obamacare. Now that is a dream come true:)
especially for job seekers in the health care industry
mwmom Saturday, March 13th at 2:49PM EST (link)Until this ends, basically no one is hiring or doing any business related to health care like pharma, equipment, devices, etc. It’s scary how many people are out of work in these highly specialized areas. And if HCR passes, it may never get better. God help us. At least being unemployed gives time for protesting, letter writing, praying, etc.
We’ve got to keep fighting or there may be nothing left to fight for.
Unanimous consent request w/out the unanimous consent? nt
Common_Cents (Diary) Saturday, March 13th at 11:08AM EST (link)Obama=Golfer in Chief, Leading from,
behind, the Back Nine.Leaders don’t create movements. Movements create leaders. Get involved. Your future depends on it.
Govt “invests” YOUR tax money for POLITICAL return rather than economic return.
If it's not a law...
wales Saturday, March 13th at 11:19AM EST (link)then I don’t have to abide by it.
Bingo!
cari Saturday, March 13th at 11:54AM EST (link)Mark Levin had a constitutional lawyer on his show Thursday who said that if the house does not have a recorded yea or nay vote on the Senate bill as described in Article 1 Section 7 Clause 2, then it doesn’t matter if Obama signs it or not, IT IS NOT LAW.
Can you imagine the mess of the Federal government trying to enact legislation that it sees as law, and the rest of us don’t? Sounds like a crisis to me.
Another point, Brian. I’ve heard others say that the courts will hesitate to get involved in the dealings of the house- that they’ll have no jurisdiction. How can that be? Is the constitution the law of the land or not? Does it apply to the rest of us, except a member of the house rules committee that decides it’s inconvenient and just chooses to ignore it? The house should be able to write its own rules UNLESS or UNTIL they directly contradict the US constitution. If this isn’t a case for the courts, I don’t know what is.
Political Question
Brian Darling (Diary) Saturday, March 13th at 4:03PM EST (link)The Courts may avoid the issue by saying that this is a political issue and not one that can be resolved by the Courts. I don’t necessarily agree. This would be a great case to go to the Supreme Court with all the other challenges expected.
I'm inferring from Levin's remarks
redneck_hippie (Diary) Saturday, March 13th at 4:13PM EST (link)that the Slaughter trick is more clear-cut violation of the Constitution than the question of the substance of the policy, i.e., individual mandates, etc. I agree that the substance of the bills could more easily be construed as political by statist judges, because they are questions of policy. The enactment of a bill without having been voted on is qualitatively different.
If Steyn has said after passage of Obamacare, parties and elections will be irrelevant, what should the position be when congress itself is irrelevant. If we have nonmilitary martial law, why the hell do we have congress.
....or if it's unconstitutional...
rsjt Saturday, March 13th at 12:38PM EST (link)then our duty is not to abide by it.
Every person in congress needs to know that legislative trickery will not work. Americans are awake, will NOT abide by unconstitutional legislation and will hold any lawmakers who enable this legislative manuever fully accountable.
Laws they are not therefore
avgjo (Diary) Saturday, March 13th at 3:46PM EST (link)which public approbation hath not made so.
Ceterum autem censeo, Obamaecuram esse delendam.
Surprise. Pelosi lies.
redneck_hippie (Diary) Saturday, March 13th at 11:29AM EST (link)Her pretending whether they use Slaughter trick or not, depends on the parliamentarian’s ruling, is hogwash. Whether they use Slaughter trick or not depends on whether they get the votes without it or they don’t. In other words, if they still do not have commitments of votes enough to pass the bill, then they will invoke the Slaughter trick. Since they obviously won’t get the votes without this trickery, they will use the trick. Pretending otherwise is just the usual shell game for the media. It wouldn’t surprise me if the email was purposely leaked in order to alert the media to shutup about Slaughter.
Gangsters at work
johnt Saturday, March 13th at 11:47AM EST (link)Thugs on the loose, all pretense of being civilized and lawful junked once and for all. Exposed totally in their hatred for the people they made a living supposedly caring about. Years of lies, millions of little liberals congratulating themselves for their higher morality, the keen intelligence in knowing that government is Progress, and it all comes undone in this ugly moment,
“a man’s admiration for absolute government is proportinate to the contempt he feels for those around him”. Tocqueville
They will be criminals, not lawful representatives
strikeeagle (Diary) Saturday, March 13th at 11:57AM EST (link)As required by Article 6 of the U.S. Constitution, Members of Congress shall be bound by oath or affirmation to support the Constitution. Representatives, delegates, and the resident commissioner all take the oath of office on the first day of the new Congress, immediately after the House has elected its Speaker. The Speaker of the House administers the oath of office as follows:
“I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
http://clerk.house.gov/member_info/memberfaq.html
The violation of their oath (failure to support the Constitution by supporting this procedure to circumvent the Constitution) is a violation of 18 U.S.C. 1918 and makes them ineligible to hold a position in the Government of the United States.
What is this "Constitution" you speak of?
Justrand Saturday, March 13th at 12:07PM EST (link)Citizens…Comrades!
You are struggling against your own best interests…we know, for we are The Government!
A future without all those troubling and pesky day-to-day decisions complicating your life is bright indeed!
No need to worry about whether to have a particular medical procedure done (or even whether to visit a Doctor)…WE”LL DECIDE FOR YOU!
No need to worry about whether to have a piece of pie or a glass of wine…WE”LL DECIDE FOR YOU!
No need to worry about what car to drive (or whether to drive at all!)…WE”LL DECIDE FOR YOU!
Onward to a brighter future, Comrades…we’ll tell you when you get there!
Lovingly,
Queen Piglosi
Justrand
55555
tnvolunteer Saturday, March 13th at 5:58PM EST (link)Your majesty,
I bow before your superior wit.
Text me when the future arrives…
Many states will not let this stand
DerKrieger (Diary) Saturday, March 13th at 12:11PM EST (link)Many states (38 to be exact) have already passed or in the process of passing legislation to nullify any federal health care bill produced by the Democrats as an unconstitutional violation of the 10th Amendment.
If we lose at the federal level we need to redouble our efforts at the state level. I can see several states aggressively saying NO to this takeover. They’re just waiting for the ink to dry so they can challenge this turd.
See my diary – Federalism is Freedom: http://www.redstate.com/derkrieger/2009/12/28/federalism-is-freedom/
and visit the 10th Amendment Center to get informed and involved: http://www.tenthamendmentcenter.com/
More info on Arizona’s effort: http://www.azhealthcarefreedom.com/?
States lined up against Obamacare – needs more blogging and discussion: http://www.prnewswire.com/news-releases/virginia-first-state-to-pass-health-care-freedom-act-38-states-lining-up-against-obamacare-86418607.html
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison
Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690
I'm listening now to Mark Levin's first 45 minutes of his
redneck_hippie (Diary) Saturday, March 13th at 12:13PM EST (link)Friday evening broadcast on the Slaughter trick:
http://marklevinshow.com/sectional.asp?id=32930#
This is the second broadcast in a row that Mark has addressed the Slaughter trick.
I’d isolate the audio if I could.
This will be worse than Watergate by far, says Levin.
Watergate was not a coup attempt
anotherindyfilmguy (Diary) Saturday, March 13th at 12:30PM EST (link)aimed at total takeover of America. This is. It will be way worse in every aspect. Even if they back down, which I doubt at this point, just the open consideration of doing this – this way – should be enough to have them removed from being anywhere near the wheels of our ship of state.
Santorum? Well, at least he’s not Romney…
http://www.zazzle.com/enemy_of_the_statist_tshirt-235977043035297478
Speaking about Watergate -
redneck_hippie (Diary) Saturday, March 13th at 12:37PM EST (link)context of the comment is pointing out the difference in media coverage between the fall of Nixon and the fall of our Constitution.
This is the Reich in action:
anotherindyfilmguy (Diary) Saturday, March 13th at 12:28PM EST (link)This is a coup.
Take a really, really good look at them.
The Socialists are committing treason by willfully subverting the law because they cannot get their way lawfully.
Doing what they are doing, with their stated goals is treason. They should be treated as traitors if they attempt to shove through this bill, not pass it but shove it through in violation of the law. The law, via the constitution and parliamentary procedure rules is a large thing that separates the US from other third world nations in terms not only of personal freedom but also personal accountability. Once they do this, if they do this, then the law will mean very little until it is rectified and every man may feel themselves to be the only law they know aside from God’s, if they believe in divine law. It is a can of worms from which the only good thing that *might* remotely come from it is the possible rebuilding of the Union after much pain on everyone’s part at best and at worst may end the greatest governmental experiment put forward by mankind.
Traitors: Expect to hear that word more often. Expect to see that expectation acted on at some point by both sides in different ways.
Santorum? Well, at least he’s not Romney…
http://www.zazzle.com/enemy_of_the_statist_tshirt-235977043035297478
Any chance we can get some uniformed Military men and women to show up in the House on the day of the vote
Teresa in Fort Worth, TX (Diary) Saturday, March 13th at 1:20PM EST (link)to take all of the members of the House who vote for this illegality into custody for acts against the Constitution of the United States of America? I seriously doubt there is currently any love between the military and those sitting in D.C.
Fasten your seatbelts, it’s going to be a bumpy ride…..
NO.
mbecker908 (Diary) Saturday, March 13th at 1:41PM EST (link)And you’d better hope this would never happen here. Ever. For any reason.
It happened to the Maryland Legislature in 1862
Achance (Diary) Saturday, March 13th at 1:44PM EST (link)to prevent a vote on a secession resolution. The whole state of Maryland was practically under arrest for awhile there.
In Vino Veritas
When is Dan Perrin going to write "his" posting on this?
Teresa in Fort Worth, TX (Diary) Saturday, March 13th at 1:22PM EST (link)I really need some reassurance about now…..
Fasten your seatbelts, it’s going to be a bumpy ride…..
Just re-read
cari Saturday, March 13th at 3:27PM EST (link)his latest posting on Thursday. Not much has really changed since then. I’m sure when has something new to add, he’ll post again. But I know what you mean- his confidence and optimism are much appreciated here, and much needed in times like these. It’s a gift, and Dan has it in spades.
Yes.
redneck_hippie (Diary) Saturday, March 13th at 3:36PM EST (link)The miscreants are not on the airwaves today. Tomorrow after the Sunday propaganda attacks, we may have new wrinkles to discuss. For now, though, I take the same attitude. Things are status quo while we await the CBO score and the committee prepares to release the so-called reconciliation bill.
The Issue is Insanity More Than Unconstitutionality
AndrewHyman (Diary) Saturday, March 13th at 1:25PM EST (link)The House is considering whether to have a single vote on two bills at once: (1) the Senate Health Care Bill and (2) the Reconciliation Bill.
The two bills that the House is now contemplating directly contradict each other. For example, one says that Nebraska gets the “Cornhusker Kickback” and the other says Nebraska does not get the “Cornhusker Kickback.” Which controls? Could a single bill say one thing and then later on say that that was just a joke and not to be taken seriously? I think not.
Nondelegation Doctrine
AndrewHyman (Diary) Saturday, March 13th at 1:29PM EST (link)P.S. I think the constitututional principle being violated here is known as the “nondelegation doctrine.” By saying two contradictory things at the same time, the House would be delegating its power to the Senate and the White House, allowing the latter to pick which meaning they like best.
When you have ideologues
nancylee Saturday, March 13th at 1:41PM EST (link)like the ones sitting in Congress, sometimes even your best isn’t enough. I refuse to quit fighting, but I am readying myself for a defeat. I have that old sick feeling in my stomach that went away for a while after Scott Brown’s election.
I only hope there will be a legal challenge to this thing, and that it will be either ruled unconstitutional or repealed before it gets entrenched. Once the so-called benefits kick in, it’s permanent.
Don't despair!
ColoKid Saturday, March 13th at 1:45PM EST (link)The House Dems’ trick seems patently unconstutional. Wish a lawyer out there with a constutional law background would speak up. Art I Sec. 7 clearly states that both houses must pass the bill. True, SCOTUS is reluctant to interfere with the internal affairs of another branch of govt and could declare this to be a political question, but unlikely when Art I Sec 7 is so clearly violated. Don’t know who would have standing, but someone could seek to enjoin the bill from going to the WH for Obama’s signature while SCOTUS considers the matter.
Other problems with The Dems’ trick –Will the House “reconcilation” bill have the same number as their original HC bill? If not, then seems it is a separate bill which not only will not be a vote on the Senate bill but will require separate Senate approval. If the number is the same as their original bill, then they are in effect amending their original bill without Senate approval. This would drive Rube Goldberg nuts!
Dems’ plan has more holes than Swiss cheese. It’s a sign of desperation.
MeMeMe
AndrewHyman (Diary) Saturday, March 13th at 1:47PM EST (link)I’m a lawyer with a constitutional law background, and I spoke up a couple comments ago.
Oops, sorry!
ColoKid Saturday, March 13th at 1:59PM EST (link)Mea culpa
)
Mr. Hyman,
avgjo (Diary) Saturday, March 13th at 2:06PM EST (link)thanks for sharing your expertise!
Ceterum autem censeo, Obamaecuram esse delendam.
5-4 Court
DRayRaven Saturday, March 13th at 3:10PM EST (link)I think a majority of the court, comprised of Roberts, Alito, Scalia, Thomas, and Kennedy, will not hesitate to declare Obamacare unconstitutional based on Article 1, Sec. 7. In my eyes, they have already proven they aren’t like previous courts that would roll over and give Congress the benefit of the doubt.
And that doesn’t even take into account the questionable constitutionality of many sections actually IN the bill itself.
It's going to put conservatives in an unaccustomed position;
Achance (Diary) Saturday, March 13th at 3:17PM EST (link)we’re going to have to become the defenders of an independent judiciary. Damning activist judges and legislation from the bench comes as naturally to us as cutting taxes and law ‘n order. As I wrote elsewhere, there are plenty of Congressional Democrats who’d be very happy to have Republican appointed old white guys throw out CommieCare so they’d be able to use it as an issue in ’12 and so Comrade Obama would have his excuse for “enlarging” the USSC so it could handle the increasing volume of litigation.
In Vino Veritas
Lib definition of "activism"
DRayRaven Saturday, March 13th at 4:03PM EST (link)I hear you.
Isn’t it neat how libs have attempted to define judges throwing out unconstitutional laws as “activist?”
Whenever I think of activist judges, I think of judges who legislate from the bench to create law by judicial fiat – especially when lib politicians can’t get their way in Congress.
Tossing out blatant violations of the constitution doesn’t count as “activist” in my book. In fact, if the courts had done MORE of that, we wouldn’t be in the mess we’re in.
Said it before. . .
msctex (Diary) Saturday, March 13th at 1:48PM EST (link)We can’t ascribe our own character traits, for lack of a more appropriate expression, to the opposition. I understand that if something is passed, it will be difficult if not impossible to undo. But that argument takes for granted that the thing would be done in the manner WE would do it, had we lost our minds completely. By that, I mean simply the thing would/could perform its intended function. These people are not so constrained. At this point, they desperately need to put forth SOMETHING, to save face. And whatever flimsy mess of contradictions and illegalities they propose, will have 50 states and the Supreme Court to contend with, as well as the possibility of countless individual lawsuits. And as insane and dangerous as it sounds, if that is what it takes to open sufficient eyes as to the true nature of these people’s intentions, so be it. If they want to publicly and proudly wave an unloaded and mal-designed firearm in a hospital ward on the national stage, so be it. They will be forced to pretend to be PROUD of this disaster, and it will be their downfall, if not epitaph.
Here's the argument the Democrats will make, I think.
Achance (Diary) Saturday, March 13th at 1:52PM EST (link)They will say that the Senate Bill is incorporated in and amended by the Reconciliation Bill and thus a vote on the Reconciiation Bill satisfies the requirement for a vote on the Senate Bill as well. The Senate then only has to vote on the Reconcilliation Bill. The question then is merely an application of the Senate and House’s own rules rather than a Constitutional question. Remember, the unlimited debate and filibuster options are questions of a Senate rule, not a Constitutional question, so the Courts would give the Congress great deference in how it interpreted and applied its own rules.
Depressed now?
In Vino Veritas
Won't Work
AndrewHyman (Diary) Saturday, March 13th at 2:04PM EST (link)The Senate Bill cannot be incorporated in and amended by the Reconciliation Bill, because then it would violate the Byrd Rule. In other words, the reconciliation bill would then contain a ton of non-budgetary carp.
Additionallly....
AndrewHyman (Diary) Saturday, March 13th at 2:10PM EST (link)The only way the Senate Health Bill (that passed in December) can be passed into law is if the House passes the exact same bill.
I'm not a Constitutional lawyer, but I'm a pretty skilled government manager,
Achance (Diary) Saturday, March 13th at 2:17PM EST (link)and I know how to work in the world of rules rather than laws. A Court is going to give great deference to another co-equal branch’s interpretation and application of its rules; they’re not laws. That fact gives a court a way to dodge the constitutional question altogether. Consequently, the line of attack would have to be that the interpretation of the rules and perhaps the rules themselves violate the Constitution. Then you get strict scrutiny and I’m sure CJ Roberts would like to strictly scrutinize Comrade Obama and the rest of the Democrat Troika.
In Vino Veritas
And Democrats are one-trick ponies.
Achance (Diary) Saturday, March 13th at 2:27PM EST (link)This then gives them a well-worn path. If it is overturned by a 5-4 or 6-3 Roberts Court, they have a perfect compaign issue, see, e.g., FDR. They can just rail about those old white guys who took away the People’s health care and how the Republican appointees are killing people, killing people I say!
Comrade Obama is a communist apparatchnik at heart, but the Congressional Democrats are more in the Clinton model. Their MO is to identify an issue and the constituency aggrieved by that issue, promise that constituency things they know they can never, should never, pass and then use the failure to pass whatever becomes the issue in the next election. They know that you can’t keep your butt in the big chair by solving a constituency’s problem. If they ever let the poor and aggrieved up off the mat, they’d get comfortable and start voting Republican.
In Vino Veritas
Let them try
DRayRaven Saturday, March 13th at 3:13PM EST (link)The Dems can rail against the SC all they want. It won’t be effective if it’s in service of a bill the American people hate. On the contrary, solid majorities of voters will be THANKFUL the SC did what it did.
Recon. and Byrd Rule are Statutory
Swamp_Yankee (Diary) Saturday, March 13th at 2:36PM EST (link)Both are in the US Code. Gives a legal claim more merit.
But its all moot anyway. The Parlimentarian ruled against the Slaughter Rule and the House is planning to vote of the Senate Bill with a recon tie-in.
There’s been a lot of talk about the Slaughter Rule. I think it may be driven by Mark Levin and some others from a few days ago. But its not the Dems strategy right now.
Slaying Slaughter Rule
AndrewHyman (Diary) Saturday, March 13th at 2:42PM EST (link)The Senate Parliamentarian merely said that the Senate cannot vote on Reconciliation until after the President signs the Health Bill. But that doesn’t really affect the Slaughter Solution, because there are still Democratic political advantages for the House to vote on Reconcialiation and the Health Bill simultaneously.
If the House has to re-pass Reconciliation after the President signs the Health Bill, then I’m sure House Democrats would be glad to do so.
Simultaneous Vote Not The Slaughter Rule
Swamp_Yankee (Diary) Saturday, March 13th at 2:51PM EST (link)The House plans on voting on both. If they pass the Senate bill and have the second vote on the tie-in recon bill, it makes Slaughter moot.
Quotes About Slaughter Rule
AndrewHyman (Diary) Saturday, March 13th at 3:04PM EST (link)Here’s one description:
Here’s another description:
So, first they’d adopt a new rule which would pass neither the Senate Bill nor the Reconciliation Bill. Then, pursuant to the new rule, they would have a vote on the Reconciliation Bill, passage of which would automatically signify passage of the Senate Bill. It’s bizarre, but that seems top be the plan. And I would contend that the latter vote violates the nondelegation doctrine.
Its Not Deemed if They Have Vote
Swamp_Yankee (Diary) Saturday, March 13th at 3:10PM EST (link)They are planning on two votes. Its in Van Hollen’s memo. As you noted above they are prepping a simultaneous vote.
They vote on the Senate Bill then the tie-in recon bill with assurances from the Senate. Signed Senate billl goes to POTUS. The recon bill goes to Senate.
Insider Von Hollen memo to House Dems:
“The Speaker has publically committed to trying to get a vote on both the reconciliation bill and the Senate bill on the same day. They are still trying to work out the final process on this and much of what we do depends on what the Senate Parliamentarian decides.”
http://www.politico.com/livepulse/0310/Van_Hollen_memo_lays_out_time_line_and_messaging_.html
Von Hollen
AndrewHyman (Diary) Saturday, March 13th at 3:19PM EST (link)Von Hollen: “a vote on both the reconciliation bill and the Senate bill on the same day.” Not “votes” (plural) but “a vote” (singular). Yes, there might be another vote too, but that would be a vote on the new rule beforehand.
It’s such a bizarre plan, that it’s understandably generating some confusion here. And some of that confusion may well be mine (though I doubt it!). We’ll see.
True, Achance
ColoKid Saturday, March 13th at 2:04PM EST (link)But I don’t see how SCOTUS could say that the House can apply its rules to violate the clear terms of Art I Sec 7. Can the House rules be applied to violate any other terms of the Constitution? Is the House, then above the Constitution?
if the HCR bill is so obviously...
builder20 (Diary) Saturday, March 13th at 2:02PM EST (link)…unconstitutional, and President Obama signs it, will that be a valid reason to impeach him?
What happens when a US President knowingly signs a bill into law that bypassed the constitutionally mandated process? A law that is in and of itself unconstitutional?
What responsibilities do our representatives have when that happens?
What responsibilities do WE as citizens have when that happens?
Or the rest of the populace that have sworn to “uphold and defend the constitution from all enemies, foreign and domestic?”
50% + 1 is a valid reason to impeach him and we don't have it. nt
Achance (Diary) Saturday, March 13th at 2:18PM EST (link)In Vino Veritas
5
Bill S (Diary) Saturday, March 13th at 4:59PM EST (link)I do wish people who post here would realize that we are still in the minority. The first thing that needs to happen is a win in November. Then we can think about things like repeal.
And the impeachment talk is nuts. Let’s just not go there. It just reinforces the Left’s caricature of the Right.
“It’s such a fine line between stupid, and clever.” – David St. Hubbins
And...
Next93 (Diary) Saturday, March 13th at 7:33PM EST (link)Even if we had 50%+1, what happens if we impeach him? The vice-maxist becomes maxist-in-cheif. We impeach him, and Imperial Nan (who’s the one who’s authorizing this) becomes Empress of America.
This is the same reason the birfers are such a waste of oxygen – even if they had stone-cold proof, how is Bat Biden an improvement over Barry?
Obama was The One in 2008.
He’ll be a BIGGER one in 2012.
okay...
builder20 (Diary) Sunday, March 14th at 6:22PM EST (link)…so vote them out.
I hate waiting. Why oh why did I ask God for more patience? I stand in front of my microwave like a hyperactive bouncing Chihuahua on speed waiting the 3 seconds for my poptart to get done (toaster is too slow) and your telling me I have to wait till NOVEMBER!
And enjoy the following 2 years of being blamed for every failure of Obamas own doing?
Thats worse than waiting for water to boil!
Then again, to hear the new majority leader say “we won” is going to be SOOOOO worth it!
Maybe this is why this administration supported Zelaya
Next93 (Diary) Saturday, March 13th at 7:56PM EST (link)Barry’s already on record as saying that it was illegal for the Honduran congress and Supreme Court ordering the military to remove a sitting (socialist) president from power for flaunting the constitution.
Maybe he was planning ahead.
Obama was The One in 2008.
He’ll be a BIGGER one in 2012.
This is where he stops being 'my president'.
Next93 (Diary) Saturday, March 13th at 2:04PM EST (link)Last January, in the discussion along the lines of ‘well, he’s not MY president’, I was a qualified ‘yes, he is’. At the time, my qualification was that he doesn’t try to surrender US soverenty, like making us pay taxes to the UN or putting American servicepeople under the jurisdiction of the world court.
It never ocurred to me to add ‘or if he attempts to enact a law passed through a completely unconstitutional power grab’.
I guess it just goes to show that you can never be too paranoid when dealing with marxists, facists, or whatever form of statist you want to call him.
The point I’mtrying to make is that there’s a point when loyalty to the country becomes incompatable with loyalty to the values of the constitution that are SUPPOSED to define what ‘the country’ is. And the majority party in DC is about to cross over that line.
Obama was The One in 2008.
He’ll be a BIGGER one in 2012.
Several people have mentioned what seems to me an obvious thing.
USNJIMRET (Diary) Saturday, March 13th at 2:10PM EST (link)And that is the concept of “What do the Dems know, that the rest of us do not?”
It is difficult to accept that so many career politicians are ready to see the inglorious end of the careers as a result of force feeding this monster down an unwilling populations collective throats.
Stein made an excellent point, always does, regarding how the punishment of the Democrat Party will mean little, if the bureaucracy is constructed in such a manner as to constantly lead to the left anyway.
I myself have mentioned often about how the sheer size of the almost benign sounding “comprehensive” construction of policy shaping Law is the liberal’s best ally in this effort. Laws so large, in scope and reach, that unwinding them after the fact is neigh on to impossible. And every single fight becomes a fight to change just a little tiny part of an iceberg octopus. You can only see a tiny percent of it, while the tentacles are more numerous to count, and inter-weaved throughout completely unrelated parts of other policy apparatus’.
So, again, what does Nobama, Pelosi, Reid and their gangs know that is still unsuspected by the rest of us?
And how does one prepare for a possible battle against an ‘enemy’ that is unknown, but approaching?
They know
nancylee Saturday, March 13th at 2:19PM EST (link)That once this bill takes effect that there is no going back. We will become another mediocre European social democracy just like all the others.
RIP America
BS
DerKrieger (Diary) Saturday, March 13th at 4:09PM EST (link)The states will fight this. The federal government will not win.
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison
Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690
Do not forget that the Senate bill has a section in it
eburke (Diary) Saturday, March 13th at 4:58PM EST (link)which rules out of order any motion to repeal HCR.
We are getting ready to see what kind of backbone our leadership has (and that scares me more than anything). If the Dems manage to jam this through, the GOP in both Houses should absolutely adopt a scorched earth policy for the rest of the session and daily tell the American people it’s because the Dems subverted the Rule of Law in imposing a govt. takeover of their healthcare system.
But, considering that our leaders too often seem more enamored with power than with freedom, what I expect will happen will be much hand-wringing followed by the like of Lindsey Graham and Mitch McConnell talking about the need to ‘still go to work for the American people.’
Folks, this nightmare will not end by bringing on the demise of the Democrat party; it will end when conservatives take over enough precinct committeemen slots that they are able to flush out the power-hungry, corrupt, statist ‘leaders’ within the GOP.
If you’re not a precinct committeeman yet….I don’t know what else will ever motivate you to become one.
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
If bill says it cannot be changed, then how can House
GregInFla (Diary) Saturday, March 13th at 7:21PM EST (link)and Senate do reconciliation, which that changes HCR?? Has any one asked or thought of this question?
– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.
What the senate bill contains is a section which says
eburke (Diary) Saturday, March 13th at 7:26PM EST (link)that any motion to repeal the bill is automatically ruled out of order. Which means that if the Dems pull off this unconstitutional, tyrannical Slaughter Stunt, what they will have ‘deemed’ to pass by the Rule will be legislation which rules as out of order any motion made to repeal it.
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
Don't repeal it, then
GregInFla (Diary) Saturday, March 13th at 10:45PM EST (link)Just say it only applies to those who voted Yea.
– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.
Wait...WHAT??
Next93 (Diary) Saturday, March 13th at 7:24PM EST (link)Wait – what? I never heard that. Are you joking? Is something like that possible? Is it consitutional? Can the US Senate pass the secular equivalent of a Papal Bull (with the emphasis on “bull”)????
If that’s true, it’s definitely time to start heating up the tar and cutting open the pillows.
Obama was The One in 2008.
He’ll be a BIGGER one in 2012.
Yep, it's true (you mean your local MSM outlet missed that little detail in it's nightly news?)
eburke (Diary) Saturday, March 13th at 7:30PM EST (link)Can’t remember the exact section (3306 comes to mind) but Sen. DeMint got into a rather interesting debate with whoever was serving as Senate president over the fact that that section changed the rules of the Senate (which requires a 2/3 vote) and the Senate president and Parlimentarian basically ruled that it was not a rule change but a ‘procedural’ change even though the language of the legislation itself referred to it as changing a “Rule”
It was pretty surreal to listen to (but then hasn’t this whole, naked power grab)
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
That can itself be repealed.
Menlo (Diary) Saturday, March 13th at 9:49PM EST (link)I believe one of the Democrat senators at the time said repealing it would be a simple matter of repealing the provision that says repealing it would be out of order.
“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter
It'll take a 2/3rds majority to do so.
eburke (Diary) Sunday, March 14th at 7:25AM EST (link)(and you’re actually willing to take the word of a Dem senator on this?)
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
No
Menlo (Diary) Sunday, March 14th at 11:02AM EST (link)It would be enacting a statute to repeal the statute, not a rule change. The statute deals with a rule, but it’s not the rule itself. Whatever the case, in no sense could repealing such a thing be different, in any legal or procedural terms, from enacting it.
Regardless, it’s a useless argument because there will never be anywhere near 60 votes ever willing to change this bill. It’s just as unrealistic as two-thirds.
“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter
He stopped being my President
nancylee Saturday, March 13th at 2:13PM EST (link)When he took over his first company. I knew then what I had “known” but not had proof for previously. He is a statist, and therefore incompatible with America’s Constitution, and American values. Unfortunately a lot of people were so drunk on change that they didn’t see it before it was too late. I only hope it isn’t too late for the country. If it isn’t, it’s darned close.
The States Need to Take Action...
caboose Saturday, March 13th at 2:41PM EST (link)to enforce the constitution of the United States, by total rejection and definiance if necessary, this illgeal procedure in circumventing the US Constitution and Usurping the rights of People and SState Govertates, to have their US Reps., and Senator’ their authority to vote on all Bills before they become law. I say court challenges are clearly applicable, and the courts have the right to hear and litigate, such matters.
The States Need to Take Action
caboose Saturday, March 13th at 2:51PM EST (link)to enforce the constitution of the United States, by total rejection and defiance if necessary,of this illegal procedure in circumventing the US Constitution and usurping the rights of individual US Representaives., and Senator, their authority to vote on all Bills before they become law. I say court challenges are clearly applicable, and the courts have the right to hea,r and litigate such matters.
Corrected I hope!
Every T.V. and Radio Station, Every Newspaper Should Be Screaming "COUP!!!"
Ausonius (Diary) Saturday, March 13th at 3:03PM EST (link)But we know that is a fantasy: they are complicit in this, complicit in hiding this bare power-grab, complicit in hiding this coup d’etat.
If you feel fatalistically defeated right now, then start contacting everyone you know! This news must spread throughout the next few days. Post YouTube videos, if you have the ability.
And yes, tell especially people you know in the military, if they are not aware of the situation.
Ausonius: 310-395 A.D. Teacher, Poet, Consul, General, Farmer.
Personal Tutor to the future St. Paulinus of Nola and to young Gratian, heir to the throne during the turbulent final years of the Western Roman Empire. When his former student Gratian was assassinated, Ausonius threw up his hands and retired to his farm in Gaul. Rome was captured by barbarians 14 years after his death.
Cato@rock.com
Just what do you think the military is going to do?
Bill S (Diary) Saturday, March 13th at 5:00PM EST (link)You need to be very careful about what you’re implying here.
“It’s such a fine line between stupid, and clever.” – David St. Hubbins
Another graphic demonstration of why we shouldn't popularly elect senators.
Achance (Diary) Saturday, March 13th at 3:10PM EST (link)They should represent STATES and be subject to recall by state legislators. At minimum governors and legislatures could be calling them home and giving them “instructions.”
In Vino Veritas
Amen nt
pilgrim (Diary) Saturday, March 13th at 4:32PM EST (link)Except for the Part Where State Legislatures Are 1000x More Corrupt Than Voters (nt)
IJB Saturday, March 13th at 4:42PM EST (link)State legislature, just like Congress, reflect the people
Achance (Diary) Saturday, March 13th at 4:56PM EST (link)that vote for them.
In Vino Veritas
Nobody cares about electing state
redneck_hippie (Diary) Saturday, March 13th at 4:59PM EST (link)legislators. How did the legislatures become corrupt without voters putting them there?
Perhaps if people understood indirect election of senators, they might pay more attention to their state elections.
Lead story today on Michelle Malkin
redneck_hippie (Diary) Saturday, March 13th at 4:29PM EST (link)Grisly graphic, too:
http://michellemalkin.com/2010/03/13/constitution-butchers-stop-pelosis-slaughter-house/
Soros will live on
katesmith (Diary) Saturday, March 13th at 4:52PM EST (link)He, Goldman Sachs and others call the shots and aren’t bothered by elections. Outlooks for their success remain favorable no matter what. It might help if the right has a bunch of lawsuits ready to go. We’ll need them anyway to start getting out of the mess we’re in. Should the Obamas have to parachute out, they’ll be financially set which is all they wanted.
I would hope some of the democrats that are being pressured to vote illegally so hard have their recorders on and are taking good notes.
bobojake (Diary) Saturday, March 13th at 5:13PM EST (link)This will come in handy when using the RICO Laws to prosecute the illegal tactics being used by pelosi, reid and obama. There is plenty of room in Gitmo for more terrorists.
Helpless
tnvolunteer Saturday, March 13th at 6:28PM EST (link)@earlgrey:
“I am in the defeatist camp usually, but I need a reason to fight. You can’t fight without hope. I’d like to see some posts on this.”
I feel completely helpless. Our collective fate rests in the hands of people who will do anything, even things borderline illegal, to make sure that they win this vote.
I am unreservedly against the Clinton model of governance by polling, but it seems so glaringly obvious that the general public is against this particular policy. If Obama can claim a mandate via winning 53% of the vote, then a policy polling at anywhere between 53% and 81% AGAINST should be automatically withdrawn from consideration. Or am I wrong?
I am not usually in the defeatist camp — silver linings abound in my world. It just seems that the storm clouds gathering on the horizon are unavoidable and even the prospect of a Republican majority at midterms is no comfort at all. The Democrats will simply do as much damage as possible to the Republic between now and January 2011, regardless of the consequences. And we have no Obi Wan to be our only hope…
I have joined, I have written, phoned, and marched; I have supported candidates far distant from my home; I have encouraged and informed family and friends in other states of the choices they face in their candidates; I have even risked my job by refusing to cozy up to a Democrat senator in hopes of government funding for a proposed project. I have fought in every way I know how except running for office myself (which I will never do for personal reasons), and yet here we are… and I am helpless.
This isn’t a pity party, it’s a cry from the heart: Is there someone who can offer hope to us now? (Hey, Dan…)
Regardless of the outcome, the one thing I won’t do is give up on my country. If the worst happens… ‘we’re going to live on…we’re going to survive…’ and we will find a way to make better of it.
Helpless? Absolutely Not!
Ausonius (Diary) Saturday, March 13th at 7:15PM EST (link)Please see my diary: good for you for marching, phoning, and writing.
But please do not feel helpless: as I state in my diary, the American adventure for freedom may just be starting!
Ausonius: 310-395 A.D. Teacher, Poet, Consul, General, Farmer.
Personal Tutor to the future St. Paulinus of Nola and to young Gratian, heir to the throne during the turbulent final years of the Western Roman Empire. When his former student Gratian was assassinated, Ausonius threw up his hands and retired to his farm in Gaul. Rome was captured by barbarians 14 years after his death.
Cato@rock.com
thanks for mentioning my post.
earlgrey (Diary) Saturday, March 13th at 7:32PM EST (link)i have been doing what you have been. Yesterday I posted about how I haved been contributing more than I can really afford to these causes. I went to 912 — it was amazing. i have been making calls, but now i am afraid to as they are screening more at work. I feel your pain, and appreciate knowing I am not alone.
I am also live in TN!
Ausonius: I’ll check out your diary. In many ways this clash of liberalism and conservatism was bound to happen. THis has been building for years, and as troubled as I am by the days events, I feel in my heart it was unavoidable. People needed to see liberalism for what it is, and conservatives need to stop being afraid, embrace who they are and understand in their minds and hearts why they are right.
Hey!! TnVolunteer!! Was it over when the Germans bombed Pearl Harbor?
eburke (Diary) Saturday, March 13th at 7:38PM EST (link)Seriously…buck up, my man!! It ain’t over till it’s over.
So many of us (and I include myself as guilty as charged) thought we had this thing won when ‘we” took over the reins of government in 2004 and we got lazy. Well, we are fully engaged now and if Gen. McAuliffe could spit out the words “Nuts” to the Germans at Bastogne when all looked helpless, so can we.
This country has survived so many times when it shouldn’t have, and it hasn’t been because the majority has manned the barricades. It’s because a small but determined segment of the population would not let the dream die.
Don’t. Let. The. Dream. Die!!! Never give up…never stop dialing…never stop writing…never stop contributing…and, if you haven’t become a precinct committeeman yet and become one of the ‘establishment’…I don’t know what more incentive you need.
Do it! Today!
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
Helpless? Hardly. We need to get to our local GOP meetings to become voting members of the Party.
ColdWarrior (Diary) Saturday, March 13th at 8:30PM EST (link)Remember (I’m assuming you’re old enough) the old phrase, “I am not now, nor ever have been, a card-carrying member of the Communist Party!” Well, the problem is too many conservative keyboard warriors are only able to say “I am not now, nor ever have been, a card-carrying member of the Republican Party.” Precinct committeemen are the “card-carrying members” of the Republican Party because they get to vote for the Party leadership, are in the best position to evaluate the primary election candidates and then get out the vote for them, and, in some states, actually get to select replacements when, for example, state elected offices become vacant due to death, resignation, etc. (these rules vary from state to state).
For example, here in AZ, we’ve had a few state legislators vacate their offices so they can run in the Republican primary for congressional seats. If there’s 30 or more elected precinct committeemen in that legislative district, the elected precinct committeemen, and ONLY they elected precinct committeemen, have the power, by secret ballot, to select three nominees from which the county Board of Supervisors then selects the replacement. If conservatives have a majority in the PC ranks, guess what? They are in a position to select three CONSERVATIVES — so no matter who the Board picks, a conservative takes the seat. That’s real political power, no?
We conservatives need to get into the real ball game of politics — party politics — as “card-carrying members” of the Republican Party — as precinct committeemen (we who have been elected precinct committeemen in AZ don’t actually get a card, per se, just a nice certificate from the clerk of the county Board of Supervisors certifying your election to the office of Republican Precinct Committeeman in and for your precinct).
The strategy to take back the GOP, and thereby get better people elected, is explained at the link below. It’s where the real political power lies.
Thank you.
ColdWarrior
No More Scozzafavas!
Become a Republican precinct committeeman. NOW!
In 2012, will YOU become a “voting member” of the Republican Party in your precinct?
Where it all started. Twitter @kaltkrieger
Unified Patriots.
Learn how to GOTV at The Concord Project and at Procinct and
Something told me you would find this, CW :-)
eburke (Diary) Sunday, March 14th at 7:29AM EST (link)I *love* being part of the GOP establishment. All these suckweasels groveling at my feet. If I’d have known how easy…and how much fun…this PC thing is I’d have done it years ago
Being a PC before CW made it cool
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
Man, the hope...
avgjo (Diary) Saturday, March 13th at 8:30PM EST (link)is in you. I don’t mean this in a squishy New Age way. What I mean is that we got into this mess by looking for others to take care of our problems. Who did George Washington wait for? Thomas Jefferson? John Adams? Sam Adams? etc.? They took the initiative to deal with oppression themselves.
We must do the same.
We’re Americans, for gosh sakes!!!!!
We beat the British empire, TWICE,
We beat the Imperial Japanese, who fought in the warrior tradition.
We beat the Nazis at Normandy.
We put a man on the moon.
We put the USSR out of business.
And now we’re gonna let a bunch of wannabe-USSR lites beat us?
I don’t think so!
FIGHT.
We’re not going to survive. We’re going to thrive.
We must think clearly. We musn’t be emotional. We must be passionate, and we must direct that passion into productive behavior.
These jackasses are scared to death of what is going to happen.
Want proof? Why did Reid put that joke ‘this can’t be repealed’ clause in his ‘law’? He knew what the outcome would be.
Dean warned them a couple of weeks ago that this could blow up in their face and be repealed.
Daschle warned that repeal would happen as it did in Australia, if they passed this without Republican support. Why now, even at this late hour, are they still talking about the Republicans not joining them? They know this will blow up in their faces.
Why do you think they are getting so desperate in their tactics? They know they won’t have a shot at this for a long time. I would argue…ever!
They want this ‘it’s all over if it passes’ mentality to take hold. It signals to them that if they just take the risk to push it through, we’ll give up and there’ll be no consequences and they’ll get what they want.
What they don’t want is a populace resolved to get rid of it.
I would bet BIG money, if repeal had been promised since day 1, they wouldn’t have gotten this far. The ‘blue dogs’ would realize they’d be sacrificing their careers for nothing. That’s what the ‘we shouldn’t be talking repeal’ types don’t get.
I know I’m not going to sit around wringing my hands. I have fought this, I will continue and if God forbid it passes, I will fight for its repeal and the destruction of the democrat party. I already have a pretty good idea how to make these people suffer the consequences (legally) for irresponsible votes.
They say elections have consequences. Well, so should stupid votes.
quit looking to others to give you hope. You need to be giving others hope!
Ceterum autem censeo, Obamaecuram esse delendam.
Not Helpless Anymore
tnvolunteer Sunday, March 14th at 1:39PM EST (link)Thanks to all who commented for reminding me to buck up.
To continue the movie theme: ‘Never give up! Never surrender!’
or to be a bit more highbrow:
‘…Rather proclaim it, Westmoreland, through my host,
That he which hath no stomach to this fight,
Let him depart; his passport shall be made,
And crowns for convoy put into his purse;
We would not die in that man’s company
That fears his fellowship to die with us…
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother…’
I will no longer be the French at Agincourt. I have my longbow, and I’ll make my stand.
How long til time to riot?
jeffreywturner (Diary) Saturday, March 13th at 7:56PM EST (link)We have always had the recourse of elections, but if those in power are going to circumvent the electoral process by enacting legislation without having it passed by our elected officials, then the only recourse we have left is the use of force isn’t it? I mean, I don’t think the SCOTUS has authority to remedy something internal to Congress, does it? If not, what is left?
If the Speaker and the President can just “deem” legislation to have been passed when it really hasn’t, then what is to stop them from “deeming” that a constitutional amendment has been passed to keep them in power indefinitely?
“Life is too short, can’t we all just eat pork and kill some terrorists?”
Agree
Jonas Parker Saturday, March 13th at 8:13PM EST (link)ditto
Agree
Jonas Parker Saturday, March 13th at 8:13PM EST (link)ditto