Posted on 03/19/2010 2:59:34 AM PDT by Scanian
House Speaker Nancy Pelosi says she will ram the unpopular Senate health bill through the House without a vote. Article 1, Sect. 7 of the Constitution says she can't.
Many House Democrats are reluctant to go on record in support of the Senate bill. Pelosi's strategy is to "deem" it passed, go straight to a vote on a package of reconciliation "fixes" and then present both the Senate bill and reconciliation package to the president for signing.
In recent years, the US Supreme Court has twice struck down attempts to abbreviate the lawmaking process required by Article 1, Sect 7. Though it's been used before on less controversial legislation, Pelosi's tactic won't survive a constitutional challenge.
(Excerpt) Read more at nypost.com ...
Good.
But do you really think the Supreme Court will go against the Dems in this case?
YES
This article is fiction.
With a Supreme Court soon to be molded with more Obammy Marxists, this “legislation” will sail on smooth seas to finality.
What absolute whistling past the graveyard.
And our good men died on far foreign shores for this theft of freedom?
This is the nastiest thing to ever happen to America.
Just another Case for the democrats to display their rank Hypocrisy,How many times have you heard Democrats spew, the court must uphold Precedence? If you havent just Mention Trying to Repeal Roe vs.Wade.
Would this not be Something to see the Democrtas Yelling we can change Precedance now ,we WANT Obamacare,Then Republicans can say ok lets overturn Roe Wade,then the Democrats will say Keep your Hands off Womens Wombs ,we can then say Ok then Keep your Hands Off My lungs Throat Arms Legs etc. NO OBAMACARE !!
If this abomination passes by skulduggery on Sunday, every Doctor in the country should “DEEM” himself too sick to show up for work on Monday.
Pass the dang thing! Let it go to the Supreme Court. Better now than later. Stevens retires, Obama gets another appointment. Maybe that is what they are stalling for. Right now the court is in our favor, plus payback is a biatch!
If this abomination passes by skulduggery on Sunday, every Doctor in the country should “DEEM” himself too sick to show up for work on Monday.
I just wish we had a Nationwide Organization that would organize a Strike such as you suggest,I would like to see A nationwide TAXPAYER strike ,If the Government can Shred the Constitution why cant the Citizens declare the Government Corrupt and Illegitimate? As it is now the Justice dept is running amok,the IRS is going to have the power to Confiscate your refunds if you dont buy health insurance ,if your State got a deal you dont have to Adhere to some of these oderous provisions,how much of this is American People going to take?
I’m sorry to say that this is unlikely to be true.
Section 7 deals with passing a bill over the presidential veto. It’s the only place where the Constitution references the need for a specific vote on a bill with yeas and nays recorded.
It is probable the more relevant Section is 5: “Each House may determine the Rules of its Proceedings,” which means if a procedure isn’t specifically prohibited by the Constitution it is allowed.
I suspect the Supreme Court will decide the procedure not having been used for major issues in the past has been tradition, not Law.
BTW, I’m fine with that. I see no reason the rule change can’t be used to pin approval to a particular rep any less than a yea vote on a bill itself. I also am not thrilled with the idea of expanding the Supreme Court’s power by allowing it to decide what rules of the Congress are “reasonable.”
What part of “Each House may determine the Rules of its Proceedings” do conservatives not understand?
re: too sick to show up for work on Monday
Most docs are too principled to go that route. It’s a sad truth that those who are pushing this obscene bill know that the majority of docs are where they are because they care, and the liberals are all too willing to take advantage of that fact. When the tables are turned liberals walk out at the drop of a hat. But they know the docs really do care about their patients. One more very effective tactic used by liberals to weaken America and further their goal of socialism.
Union nurses, teachers, even air traffic controllers, have no compunction about striking to get their way, even though it means bad things happen to those they are charged with serving. They have learned to use the fact that conservatives don’t have that personality defect to their advantage.
Most practices can’t even bring themselves to stop taking new Medicare or Medicaid patients when they see their participation in the programs are hurting them financially. Liberals have perfected the art of using an opponent’s strong points against them, making a dedication to something the very thing that prevents them from defending themselves from attack.
Totally agree with you; we should all be too ashamed to wait for November, but should be hollering outside the Capitol until we get appropriate results, and I don't mean an apology.
This is the nastiest thing to ever happen to America.
So far.
Note the walking-distance metro stop. Park anywhere and ride the metro in.
Or drive around the Capitol and gridlock traffic while honking thousand of car horns.
When my (few) liberal friends bring up that argument, I tell them to look up Plessey v Ferguson and Brown v Board of Education. Plessey v Ferguson (1896) said 'separate but equal' was OK, but Brown v Board of Education (1954) overturned that ruling. So yes, the Supreme Court has overturned its own rulings.
- Traveler
I agree, and I’ve posted a number of replies in the past few days saying pretty much the same thing.
But this morning, I’ve been thinking a lot about the “chicken and the egg” brain teaser, and I’ve begun to think that deem and pass can’t accomplish what the Marxists in Congress want it to accomplish.
The rule attached to the reconciliation bill says, as we know, that the Senate bill is “deemed to have passed”. But when is it deemed to have passed? AFTER the reconciliation bill is voted on and approved (if it is).
So, reconciliation is passed BEFORE the Senate bill is passed. Maybe only a millisecond before, but logically it has to be considered to have passed first.
Therefore, that means that the Senate bill in the House is amended by the reconciliation bill BEFORE the Senate bill is passed, which, as my critics have said, means that the HC bill in the House is different than the Senate bill. Since the Senate bill is then deemed to have passed, it is an amended Senate bill that is passed.
That means it has to go back to the Senate, or to a Conference Committee, before it can be sent to the President.
Also, although this important point has been raised here at FR by intrepid freepers, this is the first time I've seen much of anything on it in the media:
The Framers granted the House the "power of the purse" because they deemed it the truest representative of the people. Article 1, Sect. 7 provides that "all bills for raising revenue shall originate in the House." But the court has ruled repeatedly that bills with another purpose that incidentally raise revenue can originate in the Senate.
The Senate health bill raises $500 billion in new taxes over the next decade -- yet no one in Washington insists that the measure ought to have originated in the House, the institution created to protect us from unreasonable taxation. And if Pelosi has her way, these taxes will be "deemed" enacted without any House vote at all.
I really don’t.
They’d say “it’s a political question” and “each house of Congress makes its own rules.” Now, the abuse of the interstate commerce clause in the Senate bill — that’s another story. When somebody squawks about being forced to buy insurance or pay a fine, I expect the courts will be interested.
I excerpted in my post #17.
Ping to #16.
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