Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

When legerdemain is used to pass an unpopular bill
Washington Examiner ^ | December 23, 2009 | Michael Barone

Posted on 12/24/2009 12:15:15 AM PST by neverdem

It's time to blow the whistle on two erroneous statements that opponents and proponents of the health care legislation being jammed through Congress have been making. Republicans have been saying that never before has Congress passed such an unpopular bill with such important ramifications by such a narrow majority. Barack Obama has been saying that passage of the bill will mean that the health care issue will be settled once and for all.

The Republicans and Obama are both wrong. But perhaps they can be forgiven because the precedent for Congress passing an unpopular bill is an old one, and the issue it addressed has long been settled, though not by the legislation in question.

That legislation was the Kansas-Nebraska Act of 1854. Its lead sponsor was Stephen A. Douglas, at 41 in his eighth year as senator from Illinois, the most dynamic leader of a Democratic Party that had won the previous presidential election by 254 electoral votes to 42.

Douglas' legislative prowess far exceeded that of current Senate Majority Leader Harry Reid. To hold together his 60 Senate Democrats, Reid simply dispensed favors -- eternal Medicaid financing for Ben Nelson's Nebraska, a hospital grant for Chris Dodd's Connecticut, more rural health money for Byron Dorgan's North Dakota and Montana's Max Baucus.

Douglas did something far more difficult. He got the Senate to pass a bill some of whose provisions were supported by half of the Senate plus Douglas and some of which were supported by the other half plus Douglas. After passage, Douglas spent a day getting drunk -- a consolation unavailable to the teetotaling Reid.

The issue that Douglas said the Kansas-Nebraska Act would settle forever was slavery in the territories. His bill repealed the 34-year-old Missouri Compromise prohibiting slavery in territories north of Arkansas and substituted popular sovereignty -- territory residents could vote slavery up or down.

We cannot say with assurance that the Kansas-Nebraska Act was unpopular; Dr. Gallup didn't start polling until 81 years later. But the results of the next election were pretty convincing. The Republican Party was suddenly created to oppose the Kansas-Nebraska Act, and the 1854-55 elections transformed the Democrats' 159-71 majority to a 108-83 Republican margin. Democrats didn't win a majority of House seats for the next 20 years.

On the health care bill, there can be little doubt about public opinion. Quinnipiac, polling just after the Senate voted cloture, found Americans opposed by a 53 percent to 36 percent margin. Polls suggest that Democrats may suffer as much carnage in the 2010 elections as they did in 1854.

Nor did the Kansas-Nebraska Act settle the issue it addressed. Pro-slavery and anti-slavery settlers fought it out in "bleeding Kansas," and Douglas felt obliged to break with the Democratic administration and disown election stealing by the pro-slavery side. The issue roused a former congressman named Abraham Lincoln to re-enter politics, and he beat Douglas in the popular vote (but not in the legislature) in 1858 and then was elected president in 1860.

A health care bill like the Senate's is unlikely to settle all health care issues either, though the ensuing political struggles will stop somewhere short of civil war. "We aren't done talking about health care," writes Atlantic blogger (and Obama voter) Megan McArdle. "We haven't even really started. Our budget problems are as big as ever, and we just used up both political capital, and some of our stock of tax increases and spending cuts, to pay for something else."

The Senate bill contains provisions that are likely to be revisited. Its language channeling federal and consumer dollars to abortion coverage is opposed, according to Quinnipiac, by a 72 percent to 23 percent margin. Its provision establishing an Independent Medicare Advisory Board and stating that it cannot be abolished except by a two-thirds vote of the Senate is of dubious constitutionality, and even if upheld in a court of law may not pass muster in the court of public opinion. Since when has Congress passed laws that cannot be repealed?

Kansas-Nebraska was an attempt to settle a fundamental issue by legislative legerdemain and political trickery. The Democrats' health care bills are an attempt to settle a fundamental issue by partisan maneuver and cash-for-cloture. As Stephen Douglas learned, such tactics can work for a while, but the country -- and the Democratic Party -- can end up paying a heavy price.


TOPICS: Crime/Corruption; Culture/Society; Editorial; Politics/Elections
KEYWORDS: 111th; barone; bhohealthcare; godsgravesglyphs; kansasnebraskaact; michaelbarone; obamacare; reid

1 posted on 12/24/2009 12:15:17 AM PST by neverdem
[ Post Reply | Private Reply | View Replies]

To: neverdem

The travesty of this HC bill will destroy both parties. We the people will have our justice.


2 posted on 12/24/2009 2:02:54 AM PST by iopscusa (El Vaquero. (SC Lowcountry Cowboy))
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
The The Republican Party was suddenly created to oppose the Kansas-Nebraska Act, and the 1854-55 elections transformed the Democrats' 159-71 majority to a 108-83 Republican margin. Democrats didn't win a majority of House seats for the next 20 years.

Not quite correct. Democrats won 132 of 237 House seats in 1956. But this is an interesting article for the neo-confederate types to ponder, those who think that the slavemasters were conservatives.

3 posted on 12/24/2009 2:24:53 AM PST by iowamark
[ Post Reply | Private Reply | To 1 | View Replies]

To: iowamark
You'll know you're over the target when the flak starts rising up to meet you iowamark. You just touched one of the third rails of American history. Nice point!

You undoubtedly know that one must never opine in the negative about the antebellum South and the late unpleasantness. Suits and helmets on.

4 posted on 12/24/2009 2:48:53 AM PST by RushLake (Liberalism--Domestic terrorism financed by your tax dollars.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: neverdem
A health care bill like the Senate's is unlikely to settle all health care issues either, though the ensuing political struggles will stop somewhere short of civil war.

Will it stop short of civil war? The issue is not just the "health care" power grab where the fascists are taking control over another 6% of the economy, but it is the socialism and the refusal to govern within the strict limits of the Constitution of the United States. I'm not sure where it will end, and I'm still undecided on how I would like to see Pelosi/Obama/Reid and their anti-American followers stopped.

5 posted on 12/24/2009 2:50:20 AM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
"legerdemain"- leg·er·de·main, 1. Show of skill; 2. Same as sleight of hand.

Thanks! I had to look that word up!

6 posted on 12/24/2009 2:56:04 AM PST by Sarajevo (You're jealous because the voices only talk to me.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pollster1
***another 6%***

Actually the number is Sixteen percent or one-sixth of our economy.

Using the private incentive model, and positive insurance coverage reform, the provision of health care to Americans should be a growth industry =

more jobs for nurses, doctors, technicians, housekeepers, etc.

The cosmetic surgery business is thriving. Just look at how many pages of ads for cosmetic surgery procedures there are in any Yellow Pages book.

If Americans had more control of their own 'health care dollars' all of medicine could become a growth industry in our post-factory-job country.

Instead, we will soon be importing low wage doctors and nurses, and will be treated with the enthusiasm of postal workers when we seek medical attention.

7 posted on 12/24/2009 5:11:30 AM PST by maica (Freedom consists not in doing what we like,but in having the right to do what we ought. John Paul II)
[ Post Reply | Private Reply | To 5 | View Replies]

To: maica; Pollster1
***another 6%***

Actually the number is Sixteen percent or one-sixth of our economy.

1/6 of the total economy is the medical sector, of which the feds already control about one half through Medicare, Medicaid - a joint federal and state program - and assorted other federal entities such as VA hospitals, FDA, NIH, etc.

Chronic underpayment by Medicare and Medicaid is widely attributed as the main cause of the constant increase of third party medical insurance premiums above the general rate of inflation.

Totally ignored in this POS are the increased costs of the following:
state mandates on third party medical insurance premiums,
tort lawyers and defensive medicine,
compliance with ever increasing government regulation,
increased longevity in an aging population with many chronic ailments.

8 posted on 12/24/2009 9:11:42 AM PST by neverdem (Xin loi minh oi)
[ Post Reply | Private Reply | To 7 | View Replies]

To: neverdem

Bump for after Christmas reading.


9 posted on 12/24/2009 1:05:41 PM PST by SuziQ
[ Post Reply | Private Reply | To 1 | View Replies]

To: iowamark
the 1854-55 elections transformed the Democrats' 159-71 majority to a 108-83 Republican margin. Democrats didn't win a majority of House seats for the next 20 years.

"Not quite correct. Democrats won 132 of 237 House seats in 1956."

10 posted on 12/28/2009 8:05:13 AM PST by ELS (Vivat Benedictus XVI!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: ELS

Should read 1856.


11 posted on 12/28/2009 3:24:31 PM PST by iowamark
[ Post Reply | Private Reply | To 10 | View Replies]

To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
Thanks neverdem.
Republicans have been saying that never before has Congress passed such an unpopular bill with such important ramifications by such a narrow majority. Barack Obama has been saying that passage of the bill will mean that the health care issue will be settled once and for all.The Republicans and Obama are both wrong...

12 posted on 12/28/2009 6:14:17 PM PST by SunkenCiv (My Sunday Feeling is that Nothing is easy. Goes for the rest of the week too.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

· join list or digest · view topics · view or post blog · bookmark · post a topic · subscribe ·

 
Gods
Graves
Glyphs
Thanks neverdem.
That legislation was the Kansas-Nebraska Act of 1854. Its lead sponsor was Stephen A. Douglas, at 41 in his eighth year as senator from Illinois, the most dynamic leader of a Democratic Party that had won the previous presidential election by 254 electoral votes to 42. Douglas' legislative prowess far exceeded that of current Senate Majority Leader Harry Reid... He got the Senate to pass a bill some of whose provisions were supported by half of the Senate plus Douglas and some of which were supported by the other half plus Douglas... The issue that Douglas said the Kansas-Nebraska Act would settle forever was slavery in the territories. His bill repealed the 34-year-old Missouri Compromise prohibiting slavery in territories north of Arkansas and substituted popular sovereignty -- territory residents could vote slavery up or down. We cannot say with assurance that the Kansas-Nebraska Act was unpopular... The Republican Party was suddenly created to oppose the Kansas-Nebraska Act, and the 1854-55 elections transformed the Democrats' 159-71 majority to a 108-83 Republican margin. Democrats didn't win a majority of House seats for the next 20 years... Polls suggest that Democrats may suffer as much carnage in the 2010 elections as they did in 1854. Nor did the Kansas-Nebraska Act settle the issue it addressed. Pro-slavery and anti-slavery settlers fought it out in "bleeding Kansas," and Douglas felt obliged to break with the Democratic administration and disown election stealing by the pro-slavery side. The issue roused a former congressman named Abraham Lincoln to re-enter politics, and he beat Douglas in the popular vote (but not in the legislature) in 1858 and then was elected president in 1860... Kansas-Nebraska was an attempt to settle a fundamental issue by legislative legerdemain and political trickery. The Democrats' health care bills are an attempt to settle a fundamental issue by partisan maneuver and cash-for-cloture. As Stephen Douglas learned, such tactics can work for a while, but the country -- and the Democratic Party -- can end up paying a heavy price.
Currently reading the so-far excellent Lincoln President-Elect by Harold Holzer

Just adding to the catalog, not sending a general distribution.

To all -- please ping me to other topics which are appropriate for the GGG list.
GGG managers are SunkenCiv, StayAt HomeMother, and Ernest_at_the_Beach
 

·Dogpile · Archaeologica · LiveScience · Archaeology · Biblical Archaeology Society ·
· Discover · Nat Geographic · Texas AM Anthro News · Yahoo Anthro & Archaeo · Google ·
· The Archaeology Channel · Excerpt, or Link only? · cgk's list of ping lists ·


13 posted on 12/28/2009 6:21:23 PM PST by SunkenCiv (My Sunday Feeling is that Nothing is easy. Goes for the rest of the week too.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: iowamark; RushLake

Thank you!


14 posted on 12/28/2009 6:23:11 PM PST by SunkenCiv (My Sunday Feeling is that Nothing is easy. Goes for the rest of the week too.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: neverdem

bump, nice article, thanks for the ping


15 posted on 12/28/2009 7:12:56 PM PST by Weirdad (A Free Republic, not a "democracy" (mob rule))
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

Encouraging article. Thank you.


16 posted on 12/28/2009 9:51:04 PM PST by dervish (I never saw a wild thing sorry for itself)
[ Post Reply | Private Reply | To 1 | View Replies]

To: iowamark

OK. I knew something didn’t add up.


17 posted on 12/29/2009 7:56:23 AM PST by ELS (Vivat Benedictus XVI!)
[ Post Reply | Private Reply | To 11 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson