Tag Archives: Hypocrites

Politico.com — Pelosi & Dems leading lambs to Slaughter.

It is very rare that the various analysts on Politico.com seem to speak with one voice.

As for leading lambs to Slaughter, that’s Politico’s view — but one widely shared with political analysts of all stripes that find it hard to believe that the House leadership would contemplate using what they are now calling the ‘Slaughter rule’ — use of the ‘self-executing rule’ for reconciliation and “deemed” passage of the health care bill.


Here is a sampling of the thoughts of various political analysts over at Politico.com in the Arena section at http://www.politico.com/arena/

Out of fairness so that no one can claim that I am picking and choosing quotes, I have included remarks from ALL of Politico’s senior analysts.

Rick Beyer
Documentary filmmaker, author, history guy

“Prediction: House Democrats will drop the Slaughter plan like a hot potato in the next 24 hours. And rightly so. Whether constitutional or not, I deem it a stupid idea.”

James P. Pinkerton Fellow
New America Foundation

“… concerns are now piling up about the constitutionality of the Slaughter Solution, giving yet more hope to opponents, and giving unwilling proponents yet another reason to stall a politically lethal “yes” vote. Unfortunately for House Democrats, their leadership has deemed it necessary for them to vote on a gimmick that sounds as bad as, or worse than, the ‘Cornhusker Kickback’.”

Mary Frances Berry
Professor of American Social Thought and History, U. Penn.

“The health reform bill will be subject to court challenge in any case. Lawsuits are already in the offing in opposition to the individual mandate requirement. The key to the worry over a challenge to “deem and pass” is that there’s no open and shut case to be made on constitutionality.”

Alvin S. Felzenberg
Author, “The Leaders We Deserved”

“the Obama Administration and the Democratic congressional leadership, may be steering the ship right into a buzz-saw of judicial review, propitiating a constitutional crisis to boot. What will be next, a Rooseveltian-styled attempt to “pack” the Supreme Court? (A new fight over judicial nominations may well be looming in any event.) “Slaughter” is the perfect name for this Pelosi-inspired rule. It may leave no one standing in its wake.”

Kenneth E. Scott
Parsons Prof. of Law emeritus, Stanford Law School

“”Passing” a bill without having to vote on it violates the most fundamental premise of representative government, and is contrary to the express provisions of Article 1 of the Constitution. It’s also a sign of how desperate Pelosi has become–anything goes, … It’s profoundly contemptible.”

David Boaz
Executive VP, Cato Institute

“… Article I, Section 7, of the Constitution requires that a bill must pass both houses of Congress to become a law. Duh. And for those who have trouble with that concept, he goes on: “As the Supreme Court wrote in Clinton v. City of New York (1998), a bill containing the ‘exact text’ must be approved by one house; the other house must approve ‘precisely the same text.’”

Mickey Edwards
Princeton lecturer and former Republican congressman

“If President Obama were to sign into law a bill “passed” without a vote, without transparency, without accountability, he will never again be able to utter words like “openness” and “transparency” without incurring laughter.”

Bernard I. Finel
Senior Fellow, American Security Project

“The Roberts Court has shown itself to be perfectly willing to discard precedent in order to legislate a conservative agenda from the bench. In the face of demonstrated judicial activism by this court, it would indeed behoove to the Democrats to ensure that they have all their ducks in a row.”

Victor Kamber
Vice-President American Income Life Insurance

“Democrats should be concerned. With this Supreme Court in place it really doesn’t matter what the law is, the politics of the court would decide and I’m afraid it would decide against the Democrats. Don’t do it.”

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Major Golden Rule Violation: Speaker Pelosi Sets Up Health Care Bill For Constitutional Challenge

Yes, the Republicans are being a bit hypocritical in their anger over Speaker Pelosi’s use of the “self-executing rule” to “deem” the health care bill passed in the House of Representatives.

Republicans have generously used this legal loophole provision since 1980 to reconcile amendments to various acts. By some accounts Republicans have used this loophole on amendment reconciliation almost twice as much as Democrats.

Golden Rule: You know the rule. While often hypocritical in their use of parliamentary procedures, Republicans have never passed a bill into law without seeking a majority vote on the bill itself. If the Republicans retake Congress in 2010 or 2012 does anyone mind that they make use of the “self-executing rule” to pass laws? I would. You should too regardless of which party is in power.

Constitutional Challenge: In 2005, Speaker Pelosi joined in a constitutional challenge to the Deficit Reduction Act of 2005. Speaker Pelosi and allies argued that Article I, Section 7 of the Constitution requires the verbage of both the House and the Senate bills to be exactly the same and that the Constitution requires “… in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively.”

Speaker Pelosi outlined the very simple basis for a constitutional challenge in 2005 to use of the “self-executing rule”. The court ruled against the challenge as the content was the same but with a few minor wordsmith differences.

The challenge before us is that what is happening now is not a matter of minor wordsmithing. There are many more than just a few content issues between the Senate and the House bills.

Bottomline: If I were a Democrat I would push through the health care bill using reconciliation and 216 votes. As most of you know I do not support passage of either the Senate or the House version of the current bill. But I believe that Democrats are within their rights to use a reconciliation vote of 216 to do this. That is how the world works sometimes. But I very much oppose reconciliation using the “self-executing rule” and failure to actually vote on the bill itself.

A constitutional challenge will be swift and will invalidate the bill’s passage if the “self-executing rule” is used. The Constitution is crystal clear on what it takes to pass a bill for presentation to the president for signature. If  the “self-executing rule” is used and a constitutional challenge is successful — and it would be with the current court — then it will be a generation or more before we revisit health care reform.

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