Hidden Clause: Reid Bill Says Future Congresses Cannot Repeal Parts of Reid Bill!

Dittos Rush! ^ | 12-22-09 | James

[iloveamerica1980]

Video: This is getting really sickening folks! The Weekly Standard: The Reid bill declares on page 1020 that the Independent Medicare Advisory Board cannot be repealed by future Congresses. I am beside myself!

[Paleo Conservative]

They may try to make it so under some concept of a financial obligation, but if arguing against this law before the SCOTUS, I would use this phrase as an example of how the entire bill is flawed.

I was thinking the same thing. This could cause the whole bill to ruled unconstitutional. Also, doesn't the senate bill include both tax and expenditure items? I seem to remember reading that tax and expenditure bills must originate in the House.

[AD from SpringBay]

It is not sickening, it’s frightening. When politicians start thinking like this, and writing laws that sound like this, there are very few options remaining.

[massgopguy]

But did Harry say “Black and White Border High Hoseys”?

[Jewbacca]

Sounds like an improper amendment to the Constitution.

[onyx]

To: onyx

This is legal bullsh*t. Any future Congress which wants to change any provision in this monster bill (assuming it passes) only needs to amend the no-amendment clause first. Having done that, it can amend anything else.

Any competent and honest federal court should strike the no-amendment clause itself as beyond the power of Congress. There are ample statements from the Framers, and in the Federalist, that no Congress has the power to restrain future Congresses. Only the Constitution has the power to do that.

Congressman Billybob

Don't Tread On Me (9/12 photo and poster"

"Ben Franklin: On Science"

58 posted on 12/22/2009 6:43:57 AM PST by Congressman Billybob (www.TheseAretheTimes.us)

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[Congressman Billybob]

This is legal bullsh*t. Any future Congress which wants to change any provision in this monster bill (assuming it passes) only needs to amend the no-amendment clause first. Having done that, it can amend anything else.

Any competent and honest federal court should strike the no-amendment clause itself as beyond the power of Congress. There are ample statements from the Framers, and in the Federalist, that no Congress has the power to restrain future Congresses. Only the Constitution has the power to do that.

Congressman Billybob

Don't Tread On Me (9/12 photo and poster"

"Ben Franklin: On Science"

[mewzilla]

We’ve replaced one House of Lords with another...

[pabianice]

One more Sotomayor on SCOTUS and Reid can change any law he wants to.

[pabianice]

2014? No. Medicare loses $500B a year the instant this bill is signed into law.

[Sgt_Schultze]

Riiight. Just like they did with the Kelo appeal.

[09Patriot]

anything can be repealed. but he is forcing us into a corner we can repeal washington dc which should solve lots of issues

[Sgt_Schultze]

RINO McLame himself told us we had nothing to fear from the least capable man to serve as president in ten generations or from the democrat party.

[MortMan]

Even if it is repealed or otherwise halted in 2014, they will have collected three years of taxes for it and will have spent every damn penny, to be sure.

[Circle_Hook]

What do you mean if?

[kennedy]

As a practical matter, none of this obamanation can ever be repealed unless the Republicans win a majority in the House and AT LEAST 60 seats in the Senate. A simple majority in the Senate will be insufficient to over-ride a Democrat filibuster or an Obama veto.

I think that the Republicans could take majorities in the House and Senate in 2010, but I do not know of anyone who is optimistic that the Republicans can take 60 seats in the Senate anytime soon.

[torchthemummy]

It doesn't really matter. Eventually the Supreme Court will get a hold of this thing and toss it out like yesterday's coffee grounds.

How can they not? Even the libs on the court would realize that if this is allowed to stand then when the Pubbies get back in the majority they can do the same. I'm guessing that lib groups will demand this directive be removed when reconciling with the House bill.

[big bad easter bunny]

If the public at large comes to realize the truth.

[RichInOC]

No Congress can bind a future Congress.

Learn it. Love it. Live it.

[Cyber Ninja]

“Tap tap, no changies”, Harry Reid.

[Sons of Union Vets]

This law itself is one of the first laws that needs to be repealed......and without “permission” from the Supreme Court

[RichInOC]

And in particular, the content, interpretation and enforcement of House and Senate rules of procedure are solely under the discretion of, not to mention at the mercy of, the sitting majority party.