GOP finds loophole in reconciliation ploy [Death of a thousand amendments to ObamaCare]

The Hill ^ | 2/3/10 | Alexander Bolton

[Nachum]

As it turns out, Senate Democrats may not be able to force healthcare legislation through the chamber on a simple majority vote.

Republicans say they have found a loophole in the budget reconciliation process that could allow them to offer an indefinite number of amendments.

Though it has never been done, Sen. Jim DeMint (R-S.C.) says he’s prepared to test the Senate’s stamina to block the Democrats from using the process to expedite changes to the healthcare bill.

[Drill Thrawl]

I hope you are right.

[Ulysse]

ping

[Cboldt]

-- The loophole is that debate is limited, but not the amendments themselves. --

Yes, I understood the argument. Not to the point I'm making, but if one looks at certain bills, one will see hundreds of amendments that chew up -zero- debate time.

To the point I'm making, the rule I cited says 20 hours of "debate", which means (following similar time-limiting rules, such as time-limits under cloture), 20 hours on the clock of whatever the Senate decides to do, then vote.

That doesn't mean 20 hours of debate, but don't count the non-debate activity (like dickering over who gets the floor for how long), etc. as part of the 20 hours. The Senate often uses literal clock time, including the time it adjourns overnight, when conducting a time-limited action. See, for example, "30 hours post cloture debate."

One has to apply the cited rule in a completely non-conventional, unprecedented fashion (plus allow control over amendment introduction to be passed to the minority party) in order to radically circumvent the time limit described by "debate on [the] bill, all amendments thereto and debatable motions and appeals in connection therewith." The Senate could pull some of the sophomoric stunts practiced by the minority in the House, introducing non-debatable motions like "motion to adjourn."

[opentalk]

Sen. Jim DeMint always comes through. He should run for president.

[magellan]

Thank God for DeMint. DeMint can find all kind of things in the Senate rules, Mitch McConnell can’t find his a$$ with both hands.

[BCR #226]

Tell Demint to put a repeal in of the 1934 NFA, 1968 GCA, and the 1986 Hughes Amendment and all associated law. THAT will stop the health care bill in it’s tracks.

[Beloved Levinite]

cool gif, I stole it

[Talisker]

There's a loophole that doesn't require a birth certificate to be shown... :-)

We've gone round on this before, so I'll just state it for the record - the Constitution states the president must be certifed as meeting qualifications which include being natural born. To argue that an exact process for carrying this out is not specified is a specious argument - an example is statutes, which require regulations for implementation. Not implementing a statute does not mean Congress fell short on the statute, it just means that someone didn't carry out their regulatory job. In short, this is a mandamus issue against those designated by the Constitution to verify the president - in Obama's case it was Pelosi and, I believe, Cheney, who simply failed to perform their duties. The States have no input into this Constitutionally designated process.

[Star Traveler]

You were saying ...

We've gone round on this before, so I'll just state it for the record - the Constitution states the president must be certifed as meeting qualifications which include being natural born.

And I'll state it for the record, also like you (once again) -- that Obama has qualified the same way all the other and prior candidates have qualified.

The Constitution says that he must be qualified per the Constitution, not that he must be "certified" ... (and that's the loophole, doncha know... :-) ...).

He must be...

• 35 years old (at least)
• 14 years a resident of this country
• and a natural born citizen

He has qualified in the same way any candidate has qualified -- in that they have all signed a sworn statement that they meet those qualifications. That's all they have ever had to do...

Hence, that's why state laws are needed to require a candidate to produce his birth certificate or else he cannot be on the ballot in that state (because showing a birth certificate is not a legal requirement right now, or else, if it was, it would have been ordered by a court a long time ago... :-) ...).

[Blood of Tyrants]

The loophole is that no one ever thought that there would be a need to have someone prove that they are a natural born citizen, therefore it was never defined legally nor was an entity put into place to verify it.

[teletech]

The big question in my mind is will Republicans cave with the first stern looks from Peelousey or Dingy Harry? The phrase courage of their convictions comes to mind. One can only hope they have the courage.

[kingattax]

Sen. DeMint is a real patriot and a leader and he needs all the prayers and support that Americans can give him.

[Terpfen]

11. The immediate demolition of Ralph Wilson Stadium and a 100 foot statue of Dan Marino erected in its place.

[Made In The USA]

I nearly spit out a mouthful of coffee I laughed so hard. Thanks, that made my day.

The day will come... I may be 20-30 years older, but the “Squish The Fish” T-shirts will come back in style in Orchard Park, NY.

[Terpfen]

“Squish the Fish” always made us Dolphins fans laugh because it made no sense: why were you trying to compete with the Florida Marlins? :)

[upchuck]

Some snippets from the article zeroing in on Sen. Jim DeMint (R-SC) because, of course and thank GOD, he's in the thick of this:

Though it has never been done, Sen. Jim DeMint (R-S.C.) says he’s prepared to test the Senate’s stamina to block the Democrats from using the process to expedite changes to the healthcare bill.

...

DeMint said he’s ready to try anything.

“You’ll see Republicans do everything they can to delay and stop this process,” DeMint said. “They need to get the message the track they’re on is the wrong track.”

...

DeMint said that using reconciliation rules to pass the House-requested changes to the Senate healthcare bill with only 51 votes is “tyrannical.”

“I think you’ll see us offering amendments to get us into November, if we can,” said DeMint.

Jim DeMint Ping!

Want on or off this ping list? Just FReepmail me.

Follow Sen. DeMint on Twitter.

Jim's running for reelection in November and could use your bucks.

[TWfromTEXAS]

They better get a long darn list of amendments because I don’t think debate is allowed during budget reconciliation.

[stephenjohnbanker]

DeMint putting pressure on the country club Republicans and the RINOS LOL!

[wmfights]

DeMint said he’s ready to try anything.

God Bless him!

I saw an article, I believe it was on Hot Air, that the amendment process can be stopped if it's ruled by the VP that the amendments are not pertinent to the bill.

[rlbedfor]

Do you think the DEMS care if reconciliation is successful after the pro abortion version is law? They will just say we tried by the party of no stopped it. The key now is to convince the DEMS in the house that might vote no with no changes to do so now because it will not get fixed. They are not stupid. They must already know this. The Repubs are making it clear, they have all intent to stop this recon process.