Update: Plan C: Obama set to introduce “much smaller” health-care bill on Wednesday. If true, we need to stay on top of this and ensure we don’t get railroaded into RINOCare (government backed insurance cartels) or any other unsavory legislation. RINOCare would be the Republican’s Waterloo. Watch your GOP Senator and Representative like a hawk. If you want my advice, visit the Social Security Institute every single day to find out if your GOP Senator or Representative is about to row you down the creek and throw away the paddle. SSI is run by Dr. Larry Hunter, former policy advisor to President Ronald Reagan. Watch for Trojan Horses to single-payer and public option. This is not over yet.

Upon further thought, this may be, as Hot Air is reporting, nothing more than Obama’s plan with a few Republican ideas in it. If so, it is still a government takeover of healthcare and the fight will continue to kill the bill. Contact your Representative and Senators and ensure they do not support any bill that does not start over from a clean slate.

—————–Original Post

If ever a narrative needed to make it far and wide, it is the following one. When the main architect of reconciliation comes out against it so strongly, I would consider that quite newsworthy.

The Democrat talking heads have a new talking point – the Republicans have used reconciliation before so we can too. They fail to mention the differences between the use of reconciliation in the past and the intent to use it today to shove an unpopular bill down an unwilling public’s throat, and in the process fundamentally impact over 1/6 of the U.S. economy while inserting monumental government bureaucracies between you and your doctor, in the end creating rationing, higher taxes, killing innovation, and reducing our quality of care. While other solutions exist which avoid destroying the best medical system in the world, the Democratic leadership and the President of United States show little interest in pursuing free market solutions and instead are prepared to play the role of tyrants by simultaneously ignoring the will of the minority in the Senate and the majority in the country.

Senator Byrd best expresses why using Reconciliation to jam ObamaCare down America’s throat degrades the U.S. Senate and violates the spirit of our system of checks and balances. Why is Senator Byrd’s opinion so important in the matter? Because the Senator from West Virginia is one of the authors of the reconciliation process and a current serving U.S. Senator. He is also a Democrat. Let’s see what the Senator says about reconciliation and healthcare:

Using reconciliation to ram through complicated, far-reaching legislation is an abuse of the budget process. The writers of the Budget Act, and I am one, never intended for its reconciliation’s expedited procedures to be used this way. These procedures were narrowly tailored for deficit reduction. They were never intended to be used to pass tax cuts, or to create new Federal regimes. Additionally, reconciliation measures must comply with Section 313 of the Budget Act, known as the Byrd Rule, which means that whatever health legislation is reported from the Finance Committee or legislation from any other Committee that is shoe-horned into reconciliation will sunset after five years. Additionally, numerous other non-budgetary provisions of any such legislation will have to be omitted under reconciliation. This is a very messy way to achieve a goal like health care reform, and one that will make crafting the legislation more difficult…

…It is the one place in all of government where the rights of the numerical minority are protected. As long as the Senate preserves the right to debate and the right to amend we hold true to our role as the Framers envisioned. We were to be the cooling off place where proposals could be examined carefully and debated extensively, so that flaws might be discovered and changes might be made. Remember, Democrats will not always control this chamber, the House of Representatives or the White House. The worm will turn. Some day the other party will again be in the majority, and we will want minority rights to be shielded from the bear trap of the reconciliation process…

…While I support the admirable budget priorities outlined in this resolution, I cannot and will not condone legislation that puts political expediency ahead of the time-honored purpose of this institution.

Newsmax also reports the Senator as stating that using reconciliation in this manner is

an outrage that must be resisted.

Why Republican rebuttals do not include the opinion of the architect of reconciliation is beyond me. I have yet to hear a single talking head speak of the Senator Byrd’s opinion of using reconciliation. Reconciliation has never been used in such an abusive manner for such far reaching legislation. To do so amounts to nothing short of rule by tyranny, and it is the moral responsibility of level-headed leaders to recognize and identify it as such. Obama, Reid, Pelosi, and any legislator who supports the use of such a tactic to expedite unpopular and liberty stealing legislation is acting the tyrant.

During the summit, President Obama stated:

The American people are not all that interested in procedures inside the Senate.

With this statement Obama is either outright lying, completely out of touch with the American people, or believes we lack the necessary intelligence to understand the procedure. None of these options should provide the reader with much comfort. The first is inexcusable, the second shows a lack of competency, and the third is patently insulting. As Michelle Malkin reported:

Oh, really? A new USAToday/Gallup poll reports that 52 percent of Americans oppose using the procedural maneuver to pass the health care bill in the Senate on 51 votes rather than the 60 votes required to end any filibuster.

In the end, it is clear the word tyrant must be used to described anyone who supports using reconciliation in the manner currently under consideration for healthcare. It is also clear the statements and opinion of Senator Robert Byrd be repeated and repeated often. The American people must know the architect of the process is strongly against using it to pass healthcare and that doing so is a tyrannical act. The meme must spread and spread far.

Going farther, passage in the House of the Senate bill is also a tyrannical act. The people of this country have made it very, very, clear, this bill is not wanted, it is not liked, and Congress should start over. No amount of spin by empty Democratic talking heads is going to change this reality.

Pass this bill by reconciliation – or pass it at all – and all bets are off. When the GOP retakes Congress, it will be clear – and expected of them – to invent rules to kill ObamaCare by any means possible. The traditions and comity of the Senate will already be destroyed, the Democrats in the House will have demonstrated both their severe intellectual myopia and ideological clinging, so why not continue the tradition and just de-fund ObamaCare or pull some other bit of trickery. While repealing ObamaCare at the federal level sounds good, I would much rather watch a blanket of ObamaCare nullification legislation fall across this country. If the Democrats feel like opening Pandora’s box, don’t come crying to me when the law of unintended consequences rears its head. The Democrats will have shown the country that you can pretty much do whatever the hell you want.

Let me be clear (my God, I sound like Obama): I still think ObamaCare is dead, reconciliation is a deflective strategy, the votes do not exist in the House, and the current Democratic posturing is to placate the base as the Dem leadership looks for an exit strategy.

However, the fact remains many Democrats were willing to cram a government take over of healthcare legislation through regardless of the consequences. It is the our job to ensure the country does not forget. Obama, Reid, and Pelosi are Socialists at best and Marxists at worse. Their willingness to use every questionable trick possible to achieve their power grab regardless of the wishes of a clear majority in this country is the very definition of rule by tyranny. Many of their colleagues are just as duplicitous and come November they must and will pay very dearly for their condescending and contemptuousness attitude towards America and its people.

The moderate base of the Democratic party must ensure Pelosi and Reid pay for their arrogance and willingness to sacrifice the political careers of their colleagues in pursuit of an ideological goal – a pursuit characterized by the obsessive-compulsive tendencies of the neurotic. Obama, the ideological brother of Reid and Pelosi, is recognized less for his skills as a leader and oratorical genius; his tendency to prevaricate is now legendary as he loses credibility at a pace only a NASCAR driver could appreciate. The shine is off the shoes – and we see the dirt, the obfuscation, and the real intent of this President. The fig leaf is gone and there is no rock to crawl back under.

As the Chines proverb says: May you live in interesting times.

Related:

Still want ObamaCare? UK health care horror: 1,200 die needlessly in filthy, blood-splattered hospital. The bad part is, this is not a joke or a parody.

Kyl: Republicans do not want to stall health bill with unlimited amendments:

Forcing amendments (although I don’t think we will even get to this point) is a good strategy as one can force the Democrats to take difficult votes. I certainly hope McConnell is paying attention.

It would be in the Senator Kyl’s best interest to recall the GOP was exposed as wanting to put up a lackluster fight against ObamaCare so its passage would guarantee GOP gains in November. The Senator would also be best served to remember when a team of organizations exposed not only this GOP tactic but the betrayal of Senator DeMint by many in the Senate GOP when he tried to slow down ObamaCare by removing unanimous consent.

Roll over on reconciliation and see where that gets you in November. The American people do not want ObamaCare so you had BETTER OBSTRUCT and use a little strategical thinking here or face the consequences. The gains in the electorate can disappear as quickly as they appeared. The narrative of GOP weakness is not an animal that needs feeding, especially given the excellent performance at the healthcare summit. Now is not the time to remove the spine.

Precious: The Day ObamaCare Died – American Pie Parody

Dems: Screw bipartisanship, full steam ahead on Obamacare hara-kiri

Is Obamacare doomed?

Pelosi’s challenge

“Reconciliation is a dodge” and more Monday morning reads

Pelosi And The “Bullet In The Head” Factor

Are Democrats choosing to run off a cliff with ObamaCare?

CNN: We need a radical procedure to save the ObamaCare patient

Challenges of the two bill strategy.

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11 Responses to “Rule By Tyranny. Senator Byrd’s (D-WV) Thoughts on Reconciliation”
  1. [...] using Robert Byrd’s  opposition to using  the reconciliation process to pass Obamacare? GJ Merits of The Substratum argues that the American people should hear that the architect of  reconciliation is strongly [...]

  2. Angus says:

    To my way of thinking, if the Byrd Rule in the Budget Act was designed to help balance the Federal budget and by all forms of measurement has utterly failed to actually come close to achieving that stated purpose, then why isn’t there talk of repealing this provision?

    Would any political figure that eliminated provisions like the Byrd Rule face opposition from the voters? Would politicians actually having an open debate on proposed legislation cause a loss of support?

    Follow the rules of the Senate, read and understand the legislation that you are voting for, coherently explain to your constituents why you either support or oppose legislation, and only pass legislation that is constitutional.

    It shouldn’t be that hard to do the right thing.

  3. [...] Ram it Through, Anyway and By The Way – Obama Was Wrong About Insurance Premiums The Substratum: Rule By Tyranny. Senator Byrd’s (D-WV) Thoughts on Reconciliation Gateway Pundit: Dems Call to Pass O-Care With Simple Up-or-Down Vote and Gergen at CNN: Republicans [...]

  4. [...] Mcnorman’s Weblog: Stafford Hospital caused ‘unimaginable suffering’ The Substratum: Rule By Tyranny. Senator Byrd’s (D-WV) Thoughts on Reconciliation Gateway Pundit: Matt Damon Disappointed in Obama; He’s Not Radical Enough and Dems Call to Pass [...]

  5. [...] knowledge of Byrd’s strong feelings against using reconciliation for healthcare as outlined here and here. This knowledge alone kills the meme that reconciliation is a harmless little fuzzy bunny [...]

  6. Lasivian says:

    The Republicans have used Reconciliation to pass the following:

    – The 2001 Bush Tax Cuts [HR 1836, 3/26/01]
    – The 2003 Bush Tax Cuts [HR 2, 3/23/03]
    – Tax Increase Prevention and Reconciliation Act of 2005 [HR 4297, 5/11/06]
    – The Deficit Reduction Act of 2005 [H. Con Res. 95, 12/21/05]

    Sen. Judd Gregg (R-NH) defended using the reconciliation procedure to open the Arctic National Wildlife Refuge for domestic drilling in 2005, arguing, “The president asked for it, and we’re trying to do what the president asked for.”

    A list of instances where reconciliation was implemented:

    Omnibus Reconciliation Act of 1980
    Omnibus Budget Reconciliation Act of 1981
    Tax Equity and Fiscal Responsibility Act of 1982
    Omnibus Budget Reconciliation Act of 1982
    Omnibus Budget Reconciliation Act of 1983
    Consolidated Omnibus Budget Reconciliation Act of 1985
    Omnibus Budget Reconciliation Act of 1986
    Omnibus Budget Reconciliation Act of 1987
    Omnibus Budget Reconciliation Act of 1989
    Omnibus Budget Reconciliation Act of 1990
    Omnibus Budget Reconciliation Act of 1993
    Balanced Budget Act of 1995 (vetoed)
    Personal Responsibility and Budget Reconciliation Act of 1996
    Balanced Budget Act of 1997
    Taxpayer Relief Act of 1997
    Taxpayer Refund and Relief Act of 1999 (vetoed)
    Marriage Tax Relief Act of 2000 (vetoed)
    Economic Growth and Tax Relief Reconciliation Act of 2001
    Jobs and Growth Tax Relief Reconciliation Act of 2003
    The Deficit Reduction Act of 2005
    Tax Increase Prevention and Reconciliation Act of 2005

  7. G.J. Merits says:

    Sure a lot of budget and tax stuff in there. Oh wait, that’s what reconciliation is for. Duh.

    Also, let us not forget that many Democratic Senators are on the record stating they are against using reconciliation to pass healthcare. This is a little know fact and tied in with the Budget Resolution last year. The fact that Senator Kent Conrad ignored the will of the Senate during the Budget Conference does not erase the fact those votes were taken. This can and will be used against those Senators who show themselves to be hypocrites.

    Oh, and I don’t believe that any of the above legislative acts attempted to control over 1/6th of the US economy OR allow a government take over of healthcare.

    Want to know how Socialism works? As a Canadian, I found an excellent piece that describes it so well even you, Lasivian, can understand it:

    An economics professor at a local college made a statement that he had never failed a single student before, but had once failed an entire class.

    That class had insisted that Obama’s socialism worked and that no one would be poor and no one would be rich, a great equalizer. The professor then said, “OK, we will have an experiment in this class on Obama’s plan”. All grades would be averaged and everyone would receive the same grade so no one would fail and no one would receive an A.

    After the first test, the grades were averaged and everyone got a B. The students who studied hard were upset and the students who studied little were happy.

    As the second test rolled around, the students who studied little had studied even less and the ones who studied hard decided they wanted a free ride too so they studied little.

    The second test average was a D! No one was happy. When the 3rd test rolled around, the average was an F.
    The scores never increased as bickering, blame and name-calling all resulted in hard feelings and no one would study for the benefit of anyone else.

    All failed, to their great surprise, and the professor told them that socialism would also ultimately fail because when the reward is great, the effort to succeed is great but when government takes all the reward away, no one will
    try or want to succeed.

    Could not be any simpler than that.

    So bye bye innovation, hello rationing, and goodbye talented doctors. No wonder a Canadian premier came to America to get his healthcare.

    Lesson over.

  8. [...] Mcnorman’s Weblog: Stafford Hospital caused ‘unimaginable suffering’ The Substratum: Rule By Tyranny. Senator Byrd’s (D-WV) Thoughts on Reconciliation Diary of a Mad Conservative: WSJ: Abuse of Power Le·gal In·sur·rec·tion: “Much [...]

  9. John Wallace says:

    CONGRESS MIGHT PASS THE HEALTH BILL WITHOUT VOTING ON IT: A STEP CLOSER TO TYRANNY

    There was a time when I wouldn’t believe that members of congress would be so out of touch with the American people that they would have to resort to underhanded tactics to thwart the will of the people.

    Well, Nancy Pelosi, the Speaker of the House of Representatives, is thinking of doing just that. Representative Louise Slaughter (D-NY) came up with what is now known as the “Slaughter Solution” or “Deem and Pass” that will let the House of Representatives deem the Senate Health Bill as passed in the House without any representative voting on it. Once they use this outrageous procedure, the house leadership can then have additional language inserted into the bill that will satisfy those House Democrats who oppose the bill in its original form.

    Meanwhile, in order for Senate Democrats to be able to use the Reconciliation procedure – a procedure that circumvents the 60 votes needed to overcome a filibuster – the House must pass the Senate Bill ‘as is’, with the exact same wording, before changes can be made. However, the Democratic leadership in the House doesn’t have enough votes to do that and one of the biggest reasons is that the Senate Bill has a provision that allows for taxpayer funded abortions.

    I believe that the Slaughter Solution is not only dishonest and smacks of dirty tricks, but I also believe that it is unconstitutional as is most of the legislation that congress has passed in recent years. Article I, Section VII, Clause II of the U.S. Constitution clearly states: “…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…” This newly invented “Slaughter Solution” clearly does not allow this type of procedure.

    The Democratic leadership in the Senate has tried to assure the Democratic leadership in the House that if the House simply passes the bill as it is, the Senate will make changes amenable to the House after the fact. Pro-life House members, led by Bart Stupak (D-MI) are balking at this assurance and pointed to the hundreds of House bills that are currently still wallowing in the Senate. He also wants to see the changes in writing as he doesn’t trust his own party’s leaders.

    If the Democratic leaderhip in the Senate imposes the ‘Reconciliation Rule’ to pass this bill, unfortunately for them, that alone will not be enough to get the bill passed. The reconciliation procedure, also known as the ‘Byrd Rule’ named after Senator Robert Byrd, is already extremely controversial. Senator Byrd is on the record in Congress saying his rule was “Never intended” to pass this kind of legislation, so the House leadership appears ready to adopt the Slaughter Solution instead. If the Slaughter Solution is instituted, the House of Representatives will actually pass the almost $875 billion bill without the members of the House actually voting on it. This is outrageous and smacks of something we would expect from the Russian politburo or a marxist distatorship.

    Although the “Slaughter Solution” or the “deem and pass” rule has been used in the past, it has never been used to pass legislation as momentous as the $875 billion health-care bill. It is one of three options that Nancy Pelosi said she is considering for a House vote, but she added that she prefers this method because it would politically protect lawmakers who are reluctant to publicly support the measure. What an outrageous statement, particulalrly in view of constitutional requirements of Article I, Section VII, Clause II previously mentioned in this article.

    There is also a 1998 Supreme Court ruling, CLINTON v. CITY OF NEW YORK (97-1374), that said each house of Congress must approve the exact same text of a bill before it can become law. A self-executing “deem and pass” rule would sidestep that requirement, former federal appellate judge Michael McConnell said in a recent Wall Street Journal op-ed and it would be unconstitutional.

    The American people have overwhelmingly rejected this bill, but the President and the Democrat leaders in both houses of congress seem intent on using misinformation, lies, deceit, bribery and any other questionable and unconstitutional procedure to ram this socialist legislation down the throats of the American people without a public discussion of the merits. Why?

    We are fast approaching a point of no return in America. If our Marxist President and the Democratic-Socialist leadership in congress are successful in passing this Health Bill, they will be emboldened to pass other critical legislation on their agenda to bring a free America to its knees. If the Health Bill is passed, they will quickly move to pass an all-encompassing Amnesty Bill, followed by a massive Cap and Trade Bill, a National biometric ID Card Bill and then the takeover of America will be almost complete. All that will be left is for them to come for our guns.

    Let us remember that at critical points in human history, only a few generations have been given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger.

    In 1776, our founders’ generation were given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger, which resulted in the birth of this great nation that is still a beacon of hope to the freedom loving people of the world.

    The generations of World War I and World War II were also given the honor and privlege of defending ‘Freedom’ in its maximun house of danger.

    Today in America, we again find ourselves in a critical point in history, for ‘Freedom’ once again is in mortal danger, just as it was in 1776 and in WWI and WWII. Our generation is facing a different kind of mortal danger to our “Freedom’ because that danger is not coming from some foreign country, king, dictator or enemy combatants, but it is coming from our own federal government.

    Our Founders told us that “Governments get their just powers from the consent of the governed and whenever the government becomes destructive of these ends, it is not only the people’s Right, but it is their sacred Duty to change the government. “

    In 2010, we are now the generation that has been given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger and this is our time to perform that sacred duty. We must stand up, speak up and be willing to actively resist the growing unconstitutional actions of the our federal government that puts the interests of government leaders and the oligarchy ahead of the interests of the people. By definition, this is tryanny.

    Let us act before it’s too late, not just for ourselves, but for our children and our children’s children. I pray to God that we will be successful, for the free people of the world are depending on us.

    GOD BLESS A FREE AMERICA!!!!!!

    John Wallace
    http://www.TeaPartyRep.com

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