Posted on 03/15/2010 11:31:52 AM PDT by custergg
*Senate Majority Leader Harry Reid of Nevada is proving once again the maxim that darkness hates the light. * *Buried in his massive amendment to the Senate version of Obamacare is Reid's anti-democratic poison pill designed to prevent any future Congress from repealing the central feature of this monstrous legislation! * *Beginning on page 1,000 of the measure, Section 3403 reads in part: ". it shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment or conference report that would repeal or otherwise change this subsection." * *In other words, if President Barack Obama signs this measure into law, no future Senate or House will be able to change a single word of Section 3403, regardless whether future Americans or their representatives in Congress wish otherwise!! * *Note that the subsection at issue here concerns the regulatory power of the Independent Medicare Advisory Board (IMAB) to "reduce the per capita rate of growth in Medicare spending." *
How unconstitutional must a representative or president get before being charged with violation of their oath of office?
Because of Section 3403, the HR 3200 should be deemed unconstitutional. This “poisen pill” should work both ways.
Can a bill signed into law specify the content and limits of future related laws? Though they may try it, I don’t think it has the legs to stand.
Scalia, Roberts, Alito, Thomas and Kennedy should have a field-day with that.
SnakeDoc
It is, in essence, a Constitutional amendment (changing the functional operation of the Legislature) that did not go through the amendment process.
The Court may have a problem with that.
SnakeDoc
Could not one write a law to say ignore the first law?
This codicil and $3.50 will buy you a Frappe Latte at Starbucks.
somebody needs impeachin’!!!
Agree. Every thinking American should have a problem with it.
The fact that they would waste time with something like this shows just how stupid they are.
LOL! THAT’LL pass the Supreme Court! LOL!
One of the legal sources I discovered also made this comment:
"In particular, the Framers incorporated into the Constitution the traditional Anglo-American practice against legislative entrenchment, as evidenced by early comments by James Madison... Moreover, legislative entrenchment essentially would allow Congress to use majority rule to pass constitutional amendments."
No Congress can control or bind another Congress.
Harry can print anything wants and pretend it’s true, but it only makes him look even less intelligent than he does now.
No Congress shall be bound by the actions of a previous Congress.
This alone should allow the SCOUSA to toss the whole thing out. You can not change Senate law without a 67 vote margin and they only had 60 votes.
Congress cannot change the Constitution by itself ... so any such change would be unconstitutional and not binding on a subsequent Congress.
SnakeDoc
between that clause and the Slaughter Rule, it sounds like they should name this bill the Members of the Supreme Court Bar Full Employment Act of 2010
And I could say more to that, but don’t want to get banned!
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