Van Hollen Dodges Constitutional Question on Pelosi Strategy to Pass ObamaCare


On FOX News Sunday, Assistant to the Speaker of the House Chris Van Hollen (D-MD) followed his own advise contained in a memo leaked to Politico that advises silence on unconstitutional ObamaCare procedure.  The Constitution clearly states that bills have to be voted upon in the House before being presented to the President.  Leaders in the House are considering a complicated procedure to pass ObamaCare in the House without a vote and in violation of Article 1, Section 7 of the U.S. Constitution.The Constitution says that:

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

House Republican Whip Eric Cantor (R-VA) said on FOX News Sunday today that “Speaker Pelosi is thinking about bending the rules and frankly making it so there is not a direct vote on the Senate health care bill.”  Pelosi is considering a rule that would be structured so that a vote on the rule would deem the Senate passed version of ObamaCare be passed if a health care reconciliation measure is passed.  In other words, if the rule is passed, then the reconciliation measure is passed, and then the Senate passed version of ObamaCare would be deemed to have been passed by the House.  This clearly is not an “up or down” vote on ObamaCare. 

Van Hollen responded to Cantor by saying that “we are going to have an up or down vote, whether it is going to be on the Senate bill or a procedure that will include passage of the Senate bill recognizing that we are amending the Senate bill.”  An up or down vote on a procedure is not an up or down vote on a bill.  Van Hollen was quick to attempt a shift away from this procedural debate, but Cantor brought the discussion back to this questionable procedure.

Cantor further responded to Van Hollen by saying that ”there should be, in the minds of most Americans, a direct vote on the Senate bill.  I have the Constitution right here. It is Article 1, Section 7.”  Cantor is correct and Republicans in the House should raise a Constitutional point of order against any rule that does not allow an up or down vote on the Senate approach to ObamaCare.  Any procedure short of a direct, up or down vote, on the Senate version of ObamaCare will call this bill’s content and procedure to pass the bill into question.  Van Hollen’s response to the charge that the procedure being considered to pass ObamaCare is unconstitutional is telling.

Van Hollen circulated a memo late last week advising members to avoid a discussion of the procedure to be used to jam ObamaCare through the House.  Chris Frates at Politico writes about a Van Hollen leaked memo prepared Democrat members for questions on the unconstitutional process:

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.”

According to Fox, the Democrats are 5 votes short of the necessary votes needed to pass a procedure that will avoid a direct vote on the Senate version of ObamaCare.  The tentative tally, again according to FOX is 211 to 220.  They are 5 votes short of the 216 needed to pass and a promise not to force moderate Democrats to have to vote directly on the Senate version of ObamaCare may help pass the bill.  Promising members in conservative leaning districts to vote for a procedure rather than an unpopular bill may help to convince enough Democrats to vote for the procedure.  This is one instance where an unconstitutional procedure is being employed to pass a piece of legislation.

Dan Perrin has another excellent post today disussing the unpopularity of ObamaCare.


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20 Comments Leave a comment

OUTRAGE!

Justrand Sunday, March 14th at 1:37PM EST (link)

At a time when I thought my “Outrage Meter” had peaked, the Dems decide to begin “DEEMING” laws into existence.

We are becoming a Monarchy…with Queen Piglosi’s first royall decree being: “I and I alone will decide on your health choices!”

FOAD, Queenie…and the sooner the better!

Justrand

 

It's this simple

rsjt Sunday, March 14th at 1:47PM EST (link)

Inform your representatives in no uncertain terms that you will not be fooled by procedural trickery. And to proceed with the Slaughter option is clearly unconstitutional and therefore unacceptable.

We aren’t going to take it anymore! Congress must operate within the framework of the Constitution. Period!

 

The vote on the procedure

ColoKid Sunday, March 14th at 2:01PM EST (link)

as a means of passing the Senate bill seems a clear violation of Art I, Sec 7 of the Constitution. This sleight of hand trick won’t be enough to shield Blue Dogs from their conservative constituencies anyway. That the Dems would even consider such a move is a sign of desperation.

 

I can't see them hiding the procedure.

archer52 Sunday, March 14th at 2:04PM EST (link)

Those that know, know. Those too ignorant to to care won’t catch on anyway. Those on the fence who really wanted change and healthcare have to be getting a little queasy, assuming they have any moral base.

Cantor and the others need to keep dragging the crime out into the light. No democrat in a swing state can hide behind it if everyone knows that is what he is attempting to do.

I think voters have learned a very valuable lesson. Never allow one party to control the government, especially the party that is infested with radicals from the sixties.

 

Let them.

msctex (Diary) Sunday, March 14th at 2:15PM EST (link)

Let them “pass” it, or whatever new verb they are going to have to invent that covers moving a Bill on for Presidential signature while skipping clearly delineated steps, in clear and utter violation of the Constitution itself. They’ve hidden in the shadows of the culture and national zeitgeist for generations, pretending to be all they are not, and managing to thrive upon their own contradictions. But they did the one thing they could not afford to do: they achieved true power. And now the light is shining in, and people are paying attention. Let them be what they are. People need to see this.

 

Of course they are saying they have the votes.

redneck_hippie (Diary) Sunday, March 14th at 3:42PM EST (link)

Then, when they “deem” it passed, they can keep saying, well, we had the votes, so what’s the problem?

If voting isn’t required, why do we have congress?


Activists Taking Action: Unified Patriots

 

If they "pass" it, say hello to the Suprme Court.

johnt Sunday, March 14th at 4:00PM EST (link)

Though I think Stevens and a couple of others would lower themselves to support an illegal extension of power here, it being a liberal illegality. If not and the fraud gets struck down, look to crazy liberals[?] to scream about judicial activism, which usually they like.
Except when they don’t.
Also, there may be some rather testy street protests from the now despised grassroots, at least I hope so. We can always say we learned that from the Left. People power and all that crap.

“a man’s admiration for absolute government is proportinate to the contempt he feels for those around him”. Tocqueville

 

Whoa, wait a minute

RealQuiet (Diary) Sunday, March 14th at 4:20PM EST (link)

So, they are voting to enact a procedure to avoid a direct up and down vote on the Senate bill? Yeah, this is going to fly real good.

 

What could be worse

banzaibob (Diary) Sunday, March 14th at 4:51PM EST (link)

For all the so called moderates to go home say they voted for a bill the folks don’t like. Maybe telling them you really didn’t vote for the bill, just some slimey bypass to the constitution to hide like the chickens they are. Somebody better call the fire department because some Congressmen are going to get their butts roasted.

Prefiero morir de pie que vivir de rodillas
It’s better to die upon your feet than to live upon your knees!
Emiliano Zapata

 

When is the One Million Man

DerKrieger (Diary) Sunday, March 14th at 4:54PM EST (link)

…Armed March?

The Democrats are attempting what can only be considered a coup and We the People need to take this into our own hands. We cannot count on the GOP to actually undo this madness. There are simply too many RINOs, moderates, and spineless jellyfish in the GOP.

I will NOT become any more of an indentured servant than I already am. Freedom to me is the abolition of Social Security, Medicare and any other federal program I support through the taking of my income and labor that redistributes that income to another citizen.

“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

 

Why are the Republicans

SunDogII Sunday, March 14th at 5:00PM EST (link)

not stating clearly, and forcefully, that passage by the Slaughter process would not be recognized as constitutional by their party. That any attempt to enforce such a law would be met, first by civil disobedience, and, if necessary, violence.
If this is allowed, constitutional government is dead.

Not many Republicans

DerKrieger (Diary) Sunday, March 14th at 5:12PM EST (link)

..enter government to shake things up. Rather the enter to put another notch in their career belt (Crist), stave off boredom, or to administer the state better than the Dems. Then there are the wealthy elitists who have nothing else to do so why not? In my opinion very few men and women of principle actually enter government. Very few of our current legislators would be able to measure up to the Founders in terms of honesty, integrity, and purpose.

“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

This is not "shaking things up"

SunDogII Sunday, March 14th at 8:25PM EST (link)

this is a basic defense of the constitution. It is the epitome of conservatism, and it must be done.

 
 
 

High Crimes and Misdemeanors

miguel Saavadera Sunday, March 14th at 10:19PM EST (link)

Let them do it … have the Parliamentarian rule on whether it is Constitutional or not … (I think not).

After which ‘if’ the President shall sign it, charge him with failing & circumventing his responsibility of upholding the Constitution of the United States … i.e. “High Crimes and Misdemeanors … or of trying to ‘circumvent and subjugate’ the legal procedures as laid down in the founding document.

Good point

petrarch Monday, March 15th at 12:00PM EST (link)

If he actually did that, then yes, it would indeed qualify as an impeachable offense I think. At the very least, a direct violation of his oath of office to “preserve, protect, and defend the Constitution.”

But I do not think it is mathematically possible for the Republicans to get a 2/3 majority of both houses of Congress, even if every last Dem is defeated in November. The House, yes, but there’s only 1/3 of the Senate up for election which IIRC is not enough.

Scragged – Conservative Online Opinion Magazine

 
 

Republican Mystery Tour of the Day

popdaddy Sunday, March 14th at 10:21PM EST (link)

Chris Wallace is a sorry excuse for the “fair and balanced network” , He let this Van Hollon spin the democrat party socialist drivel while keeping Erik Cantor on a leash.
Then we are insulted by smiling Bill Kristol and ditz Dana Perino representing the “conservative” part of Wallace’s talking points panel.
Good Grief! Fox is the only television network that might possibility report the facts of the unconstitutional process the socialist democrat party is pursuing.
However, the “guests” Fox News Sunday can’t / don’t get the message out to the folks!

Sorry Indeed

edintexas Monday, March 15th at 4:21PM EST (link)

I finally turned Wallace off. I couldn’t sit there and watch him give Van Holland all the time in the world to spout the propaganda. At one point Wallace made a half-hearted attempt to get him to answer the question, and Van Holland told him he would as soon as he finished setting up the preface to his answer. Good grief. I guess it was just as well I don’t get to go to these things, I’d have felt compelled to wipe the smirk off Van Holland’s face.

Cantor got about as much time as a percentage of Van Holland’s BS as Dear Leader let the Repubs have in the “summit”. Of course Van Holland’s performance was to be expected – part of the Democrat “playbook” is to hog as much of the time as possible, sticking strictly to the talking points – no matter what the actual question might have been. But it is the job of the moderator to rein them in – and Wallace failed miserably.

Correction

edintexas Monday, March 15th at 4:27PM EST (link)

That’s Van Hollen, not Holland. Still, Sorry would be a better name for him.

 
 
 

If Slaughter rules, why shouldn't I be able to...

closetcon Monday, March 15th at 7:29AM EST (link)

…deem my taxes to have been paid, without actually having paid them — after all, I intended to pay them, didn’t I? My circuit court jury duty to have been served without actually having served it? Heck, I deem my Amex bill to have been paid; I moved it from the “To be paid” pile to the “Paid” pile, fer cryin’ out loud!

 

Fox News Sunday

cyncurl999 Monday, March 15th at 12:56PM EST (link)

It was all I could do to listen to Van Hollen on Sunday…