Tuesday, December 22, 2009


The only thing I can infer from this is that Harry Reid has a deep, deep need to be be punished:

Senator Jim DeMint (R-S.C.) pointed out some rather astounding language in the Senate health care bill during floor remarks tonight. First, he noted that there are a number of changes to Senate rules in the bill--and it's supposed to take a 2/3 vote to change the rules. And then he pointed out that the Reid bill declares on page 1020 that the Independent Medicare Advisory Board cannot be repealed by future Congresses:

there's one provision that i found particularly troubling and it's under section c, titled "limitations on changes to this subsection."

and i quote -- "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."

this is not legislation. it's not law. this is a rule change. it's a pretty big deal. we will be passing a new law and at the same time creating a senate rule that makes it out of order to amend or even repeal the law.

i'm not even sure that it's constitutional, but if it is, it most certainly is a senate rule. i don't see why the majority party wouldn't put this in every bill. if you like your law, you most certainly would want it to have force for future senates.

i mean, we want to bind future congresses. this goes to the fundamental purpose of senate rules: to prevent a tyrannical majority from trampling the rights of the minority or of future co congresses.

So, what now? Doesn't the Senate need to get the parlementarian into the picture to decide whether the bill now needs a 2/3 vote or, barring that, an amendment striking the offending language? Doesn't that mean that Santa will not be hurrying down the chimney (still the only dirty Christmas song I've heard...) with the bill on Christmas Eve?

1 comment:

David said...

Jam it through; hope nobody notices. The cool thing is that ten years ago, it's probably the case that nobody would have noticed. Now, with the internet and blogs and all of the associated brains rubbing on brains, it's a different story. So please keep it up. Merry Christmas.