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New Debt Deal “Super Congress” is Super Unconstitutional
scottfactor.com ^ | 08/04/2011 | Gina Miller

Posted on 08/04/2011 5:08:51 AM PDT by scottfactor

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To: Josephat
I think the corallary should be “No representation without taxation.”

Wouldn't the 'usual suspects' howl at that!

Everyone needs some skin in the game: dump the current income tax, go to a retail sales tax which exempts primary housing, food, home-use energy, and medical care.

Then they can get a clue why we are griping.

41 posted on 08/04/2011 7:50:59 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Tanniker Smith
"I’m asking, so don’t just all over me anyone, but how does this committee differ from, say, the military base closure committees in the past that gave a recommendation list which couldn’t be modified, only voted up or down?"

One or possibly two major differences. First, the failure to approve the supercommittee recommendations will trigger a broad based sequester of defense and non-defense funds, and second, some writers/analysts like the author at the top of this thread think the committee could originate and send to the House and Senate legislation that is unrelated to the original financial savings mission. That legislation would be subject to the same protections against amendment and the normal committee process and require an up or down vote by both bodies.

42 posted on 08/04/2011 7:52:38 AM PDT by Truth29
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To: Truth29

Okay. Thanks.


43 posted on 08/04/2011 7:57:43 AM PDT by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: Smokin' Joe
Rubberstamping some 'done deal' isn't my idea of representation, unless, of course, I aproove of the deal.

It's just another base-closing commission.

44 posted on 08/04/2011 9:35:17 AM PDT by Erik Latranyi
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To: Erik Latranyi

I reckon we’ll see.


45 posted on 08/04/2011 10:08:33 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Impy

I don’t think it’s unconstitutional. All tax and spending bills will still have to be approved by Congress. And if Congress legislates to limit debate (and not allow a filibuster on) the proposal that comes out of the commission, then that’s fine and dandy, since each house gets to set its own rules and they each agreed to change them for this particular issue. This is similar to the base-closing commission, which was empowered by Congress to make recommendations, which were subject to approval by both houses on an up-or-down vote.


46 posted on 08/04/2011 10:49:16 AM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: Truth29

“the failure to approve the supercommittee recommendations will trigger a broad based sequester of defense and non-defense funds”

Those broad-based cuts were already approved by both houses of Congress in the bill that was signed into law this week. The commission merely will make a recommendation to Congress that will replace the apprved across-the-board cuts with other cuts, which will be subject to an up-or-down vote in both houses.


47 posted on 08/04/2011 10:52:50 AM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: AuH2ORepublican

True, but it is a 6 of one 1/2 dozen of another situation. This is the IED to try and force committee consensus and is an integral part of the super committee mechanism.


48 posted on 08/04/2011 10:58:56 AM PDT by Truth29
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To: Smokin' Joe

Let them howl. We should have been howling years ago when the Communists began their takeover of our schools and media. Nobody howled and those that did were ridiculed, think McCarthy, and we ignorantly carried on as if there were no threat. We find ourselves today with one of our parties completely in the hands of socialists, at best, or communists, and the other heavily infiltrated. We, the people, are being called terrorists because we want our country and its rules back. Please pray often for our country as we are in very perilous times and we will need God on our side to get through them.


49 posted on 08/04/2011 11:47:42 AM PDT by Josephat
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To: sickoflibs
RE: "All this law does is impose the trigger based on specific conditions."
That is a good way of looking at it.
50 posted on 08/04/2011 12:10:26 PM PDT by Marine_Uncle (Honor must be earned....Duncan Hunter Sr. for POTUS.)
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To: Marine_Uncle
RE: “All this law does is impose the trigger based on specific conditions.”....That is a good way of looking at it.

In theory if in late 2012 this lame Duck House decides to debate the recommendations and add amendments to it and send that to the Senate (contrary to this bills requirements) the trigger cuts kicks in, but this trigger is just another delayed (conditional) budget law that was passed into law now. Nothing stops the House, Senate and POTUS to pass another law replacing the trigger at any time short political reality.

51 posted on 08/04/2011 12:22:22 PM PDT by sickoflibs (If you pay zero Federal income taxes, don't say you are paying your 'fair share')
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To: scottfactor; RC2; CORedneck; Quix; Liz; AnotherUnixGeek; Red Badger; tcrlaf; cripplecreek; ...
GOA Chief: Super Congress ‘Will Lead Us Into Dictatorship’ !

Obama plans to seize power just like Hitler in 1933 . . .

52 posted on 08/04/2011 2:55:40 PM PDT by ex-Texan (Ecclesiastes 5:10 - 20)
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To: ex-Texan

He and Hillary are great fans of Hitler, but would anyone listen prior to his election? Nope! Now they will suffer along with the rest of us.


53 posted on 08/04/2011 3:25:44 PM PDT by RC2
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To: scottfactor

The Supreme Soviet has spoken, all else is just for show.


54 posted on 08/04/2011 4:52:23 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Truth29
Of course, another problem with this committee is that if the committee even attempts to raise revenue/taxes then it will violate Article I Sec. 7 of the US Constitution which explicitly states that only the House has the right to initiate revenue bills. This power does not lie in a Joint Committee, it belongs solely to the House of Representatives. Of course, the House will pass the back along so they don't actually have to take the blame of raising taxes...they'll just blame the committee. Then the powers of the House will gradually be lost to the committee who will become real legislature. If the House won't even defend its own constitutional authority from usurpation, then our system of checks and balances isn't working as intended and the Constitution itself is in danger.

The points you raise about the Super-Committee being abused to circumvent the normal process of republican government in order to force unpopular legislation through Congress is a great threat to the Republic as well. This Super-Committee seems somewhat reminiscent of the old Politburo of the Central Committee of the Soviet Union.

55 posted on 08/07/2011 8:24:18 PM PDT by old republic
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