We Are No Longer a Nation of Laws. Senate Sets Up Requirement for Super-Majority to Ever Repeal Obamacare

Posted: 12/22/2009 by Lynn Dartez in 2011


The Senate Democrats declare a super-majority of senators will be needed to overrule any regulation imposed by the Death Panels

Posted by Erick Erickson (Profile)

Monday, December 21st at 10:15PM EST

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.

Section 3403 of Senator Reid’s legislation also states, “Notwithstanding rule XV of the Standing Rules of the Senate, a committee amendment described in subparagraph (A) may include matter not within the jurisdiction of the Committee on Finance if that matter is relevant to a proposal contained in the bill submitted under subsection (c)(3).” In short, it sets up a rule to ignore another Senate rule.

Senator Jim DeMint confronted the Democrats over Reid’s language. In the past, the Senate Parliamentarian has repeatedly determined that any legislation that also changes the internal standing rules of the Senate must have a two-thirds vote to pass because to change Senate rules, a two-thirds vote is required. Today, the Senate President, acting on the advice of the Senate Parliamentarian, ruled that these rules changes are actually just procedural changes and, despite what the actual words of the legislation say, are not rules changes. Therefore, a two-thirds vote is not needed in contravention to longstanding Senate precedent.

How is that constitutional? It is just like the filibuster. Only 51 votes are needed to pass the amendments, but internally, the Senate is deciding that it will not consider certain business. The Supreme Court is quite clear that it won’t meddle with the internal operations of the House and Senate. To get around the prohibition on considering amendments to that particular subsection of the health care legislation, the Senate must get two-thirds of the Senate to agree to waive the rule. In other words, it will take a super-majority of the people the citizens of our Republican elected to overrule a regulation imposed by a group of faceless bureaucrats and bean counters.

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.

To quote the Declaration of Indepedence:

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

This, Ladies and Gentlemen, is one of those causes. When the men and women who run this nation, which is supposedly a nation of laws not men, choose to ignore the laws and bribe the men, the people cannot be blamed for wanting to dissolve political bands connecting them to that government.

For your edification, the full transcript of the exchange between Jim DeMint and the Senate President is presented, unedited, below the fold.

  1. tpgow says:

    I think the next 3 months are going to tell the tale. We have to hope somebody from within is just waiting to handcuff the usuper and him Admin

  2. Lynn Dartez says:

    You are right Rick. All the Tea Parties are fine and but with out teeth there no good. I stand with you on this issue. When is enough? How much more will we have to Indore. If I’m going to Washington DC I’m going for business and not play. It is no good to think you can win by protest any more.

    The Serpents in Washington have showed that they could careless about America. I’m ready any time . They all have commit treason against the Constitution. Time for some good old fashion hanging to take place. WE must do what is necessary to secure America. There are no more honesty among those Serpents.

    Nothing is left to cling to in America. Would our fore fathers sat on the side line and let this happen? No they would have been fighting for what is right. Thing is it’s passed time to take action against these morons. The first shot was fired a long time ago. The security of our country is at stake.

  3. Rick M. says:

    I forgot to mention the media. We must also take on the media and stop their improper propaganda. They are committing a form of treason that is evil and low. If they are approached by the “Sons of Liberty” I think they will change their tunes? Where are our Ben Franklins and other leaders?

  4. Rick M. says:

    Being that we are a nation of laws and the constitution is our authority, we have the right the to rise up against this government and throw the bums out as well as charge most of them with treason! I beleive that we should take about 1/3 of the government officials including but not limited to elected ones and try them for treason and follow through with the ultimate punishment. This should be a deterrent for future governments who decide to “control, force, coerice, and subdue” the american people. I do not beleive for one second that what is happening now is what the American people had in mind for “change”. The usurper lied and lied to get elected and I also beleive that there was immense voter fraud. My words must never be associated with racism as I would have voted for any Man/woman who lived up to the constituiton, and loved America.
    Rise up folks start planning for the next civil war. Also, if Republicans are serious about their convictions concerning their votes not to pass this “subjectgation” health care reform then they will walk out of the vote on Christmas eve. Thereby making it an ALLLLLL liberal/progressive democrat thing.
    Folks start making a list of those that support this fraudulant govt and distribute it to all. Put these fanatics on notice that their part in this has not gone unnoticed and that they and their families will no longer be accorded the courtesy of being a fellow american with a valid opposing view! Let them know that their actions are anti -american and that they will pay a price for ignoring and being “ignorant” of the constititution! There is no such thing as ignorance of the law !!!!! May God bless the souls of those who go against patriots. Where are the “Sons of Liberty”. The allies of the Sons are waiting to do their parts. May God Bless all patriots and may God Bless this great nation.
    Also, people start writing to our Armed forces, the Joint Cheifs and the Pentagon! Remind them of their Oaths and duties. all this must be done to help insure victory over the forces of evil!

  5. Longknife 21 says:

    There is so much about this Bill that is unConstitutional, anti-American, and plain illegal. A bundle of bribes and fraud!

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