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Unrepealable? (DeMint questions about rules changes in bill requiring 2/3 vote and senate adjourns)
NRO ^ | 12/22/09 | Rober Costa

Posted on 12/22/2009 8:56:56 AM PST by cornelis

Sen. Jim DeMint (R., S.C.) has thumbed through Harry Reid's manager's amendment and discovered some "particularly troubling" rule-change provisions, especially with regards to the proposed Independent Medicare Advisory Board, which he finds could be unrepealable:


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: South Carolina
KEYWORDS: 111th; bhohealthcare; demint; healthcare; military; obama; obamacare; palin; ruleschange; senate; twothirds
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To: Jim Robinson

[[The Democrat controlled house will not impeach their president.]]

True- but what can be doen when a president, protected by majority in house and congress, is acting agaisnt the will of the people and threatens to undermine our very consitution and rights? Nothign but wait until his term is up? IF the GOP were acting in our best itnerest, and not in their own best itnerest, there would be no way a president or congresscritter coudl get away with tryign to change hte consitution like Reid is doing- there must be a legal way to prevent such action, but all I’m seeing are the likes of mitch mcConnel placatign hte left and NOT acting in hte best interest of the people


101 posted on 12/22/2009 10:40:38 AM PST by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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To: Publius Valerius
It's not illegal, you just can't do it. Future Congress can always do whatever they want, including modifying any provision that requires a supermajority.

That is unless we amend the constitution.... or the SC decides to amend it themselves.

102 posted on 12/22/2009 10:41:23 AM PST by Between the Lines (For their sins of 50 million abortions God gave them over to be an ObamaNation {Romans 1:24-32})
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To: Between the Lines

Did I just hear Rush say they’re voting tomorrow on the constitutionality of this health bill?


103 posted on 12/22/2009 10:45:14 AM PST by caww
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To: cornelis

It is time for a million gun owner march yet?


104 posted on 12/22/2009 10:46:44 AM PST by TexasFreeper2009 (Obama lied, the economy died)
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To: Jim Robinson

Oh yes
but what if after this civilian security force is in place odumbo and dems pass some kind of law that the civilian police force should go door to door and tag all weapons?

Seeing what is going on with odumbo NOTHING is out of the realm of what he will do


105 posted on 12/22/2009 10:47:34 AM PST by RWGinger
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To: caww

A point of order will be made on the floor of the Senate questioning the constitutionality of requiring every American to buy health insurance. A vote on it is expected tomorrow.

I not real sure what that means.


106 posted on 12/22/2009 10:51:35 AM PST by Between the Lines (For their sins of 50 million abortions God gave them over to be an ObamaNation {Romans 1:24-32})
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To: beebuster2000

wont a future vote just undo it?>>>>>>>>>>>>>>>>>

The problem is that SCOTUS may decide a case on the issue that says that it IS not repealable.

Especially if Obama puts a couple more lefties on the court by doing the Chicago strongarm on a couple of conservative SCOTUS Justices to retire ( or die?)early.

I would not doubt at this point thet the Obama Junta is fully capable of doiinng just that. This is not business as usual.

Our option is to withdraw “the consent of the governed,”as Rush calls it.


107 posted on 12/22/2009 10:53:02 AM PST by Candor7 ((The effective weapons Against Fascism are ridicule, derision , truth (.Member NRA))
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To: CottShop
If Mr. B. Insane Obama begins carrying out his threat to build an armed civilian security force bearing allegiance to His Royal Heinous Himself, then yes it's necessary. I'm not calling for action, just preparedness. We best be prepared and loaded for bear. And yes a formal command structure would be required in a "well regulated militia." And history proves a well regulated militia of the free people separate from government is most definitely "necessary to the security of a free state."

Thank God most military men and veterans are faithful to their oaths to support and defend the Constitution of the United States, so help me God!

An oath is forever.

When the people fear the government we have tyranny. When the government fears the people we have Liberty.

Time to re-balance the scales of Liberty.

108 posted on 12/22/2009 10:54:33 AM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: Between the Lines

They really cannot force purchase, but then couldn’t they also raise all the other issues of the constitution that’s being trampled? This could get interesting....


109 posted on 12/22/2009 10:54:48 AM PST by caww
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To: Man50D
The bill on its face is unconstitutional regardless of the content since Article 1 Section 8 does not specifically grant Congress the power to regulate health care.

I'm afraid the Interstate Commerce clause is an enumerated power that does grant Congress the power to do what they are doing. Do not count on the Constitutionality argument to win the day.

110 posted on 12/22/2009 10:55:27 AM PST by MeanGreen2008
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To: ctdonath2

“To wit “this law can never be modified or repealed”?!? enacted as such with little more than “we do this all the time, now shut up”?

Resembling the buildup to this http://yumurl.com/l6FROC . Expect a police-action crisis soon.”

Great link!


111 posted on 12/22/2009 10:55:32 AM PST by rae4palin
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To: The_Media_never_lie

“If this travesty is unrepealable, then there is only one action to take”

Even constitutional amendments can be repealed. REVOLT is near!


112 posted on 12/22/2009 10:58:30 AM PST by DesertRhino (Dogs earn thi title of "man's best friend", Muslims hate dogs,,add that up.)
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To: Jeff Chandler
“This makes the Republicans, Disidente Juan McCain in particular, look like the boobs they are for always ceding power when they get it. They play nice when they should be hard as steel.

When the Democrats get in power they play for keeps.”

Absolutely correct.

113 posted on 12/22/2009 10:58:37 AM PST by John Galt's cousin (Palin - 2012: Our best hope!)
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To: caww

Rush just mentioned, if they exempt those who cannot afford insurance then since this bill is to insure those very people then why do this bill in the first place...what a mess this whole affair is!


114 posted on 12/22/2009 10:58:38 AM PST by caww
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To: cornelis

Hey Senator DeMint: “Natural born citizen”. That is the straw all you all allowed which broke the spine of Rule of Law.

Still ... you can pick up that straw and save the Republic. Not without trouble, but worse trouble is here.


115 posted on 12/22/2009 10:59:11 AM PST by bvw
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To: Jim Robinson

The point is if this bill contains a rules change it would require a two/thirds vote to pass it. They don’t have a two thirds majority.
____________________________________________________________

So what’s next for Reid and the Dems? Can they remove this section? Do they even care to?


116 posted on 12/22/2009 10:59:48 AM PST by camp_steveo
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To: Murp

“If, in fact, this clause makes permanent all or part of this bill, and if, in fact, it is unconstitutional, and since it is sure to pass, the best thing the Repubs can do is let it pass quickly. Court challenges could then tie it up for years.”

That strategy did not work well for Campaign Finance Reform!


117 posted on 12/22/2009 11:02:00 AM PST by CatQuilt (Lover of cats =^..^= and quilts)
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To: MeanGreen2008

have you got any info stating that they do have this power? A link to relevent section or exerpt?


118 posted on 12/22/2009 11:04:04 AM PST by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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To: Sloth

I am in absolute agreement with you.


119 posted on 12/22/2009 11:05:29 AM PST by wildandcrazyrussian
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To: MeanGreen2008
I'm afraid the Interstate Commerce clause is an enumerated power that does grant Congress the power to do what they are doing.

It's presently illegal to engage in interstate commerce in the purchase of health insurance, so this is just another illustration of how warped the leftist worldview is.

120 posted on 12/22/2009 11:06:41 AM PST by mvpel (Michael Pelletier)
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