2011 - The Year We Take Back Congress and Make Obama's Life Hell!

Tuesday, December 22, 2009

The US Constitution: Harry Reid's Toilet Paper?

From Erick Erickson at Red State (by way of Atlas Shrugs):

If ever the people of the United States rise up and fight over passage of Obamacare, Harry Reid must be remembered as the man who sacrificed the dignity of his office for a few pieces of silver. The rules of fair play that have kept the basic integrity of the Republic alive have died with Harry Reid. Reid has slipped in a provision into the health care legislation prohibiting future Congresses from changing any regulations imposed on Americans by the Independent Medicare [note: originally referred to as "medical"] Advisory Boards, which are commonly called the “Death Panels.”

It was Reid leading the Democrats who ignored 200 years of Senate precedents to rule that Senator Sanders could withdraw his amendment while it was being read.

It was Reid leading the Democrats who has determined again and again over the past few days that hundreds of years of accumulated Senate parliamentary rulings have no bearing on the health care vote.

On December 21, 2009, however, Harry Reid sold out the Republic in toto.

Upon examination of Senator Harry Reid’s amendment to the health care legislation, Senators discovered section 3403. That section changes the rules of the United States Senate.

To change the rules of the United States Senate, there must be sixty-seven votes.

Section 3403 of Senator Harry Reid’s amendment requires that “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.” The good news is that this only applies to one section of the Obamacare legislation. The bad news is that it applies to regulations imposed on doctors and patients by the Independent Medicare Advisory Boards a/k/a the Death Panels.

Here is the transcript of the exchange between Jim DeMint and the Senate President:

DEMINT: But, Mr. President, as the chair has confirmed, Rule 22, paragraph 2, of the standing rules of the Senate, states that on a measure or motion to amend the Senate rules, the necessary affirmative vote shall be two-thirds of the senators present and voting. Let me go to the bill before us, because buried deep within the over 2,000 pages of this bill, we find a rather substantial change to the standing rules of the Senate. It is section 3403 and it begins on page 1,000 of the Reid substitute. . . . These provisions not only amend certain rules, they waive certain rules and create entirely new rules out of whole cloth.”

The Senate President disagreed and said it was a change in procedure, not a change in rules, therefore the Senate precedent that a two-thirds vote is required to change the rules of the Senate does not apply.

Senator DeMint responded:

DEMINT: and so the language you see in this bill that specifically refers to a change in a rule is not a rule change, it’s a procedure change?

THE PRESIDING OFFICER: that is correct.

DEMINT: then i guess our rules mean nothing, do they, if they can re define them. thank you. and i do yield back.

THE PRESIDING OFFICER: the senate stands adjourned until 7:00 a.m. tomorrow.

That’s right. When confronted with the facts, the Senate Democrats ran for cover. The Senate Democrats are ignoring the constitution, the law, and their own rules to pass Obamacare.

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