The Amendment Bomb – How I Learned Not To Fear Reconciliation. Biden Cannot Stop Reconciliation Amendments
Posted by G.J. Merits in Health Care, tags: air, biden, bob, boehner, cantor, democrats, dove, gop, healthcare, hot, joe, nuclear, obamacare, parlimentarian, reconciliation, redsate, Republican, republicans, zogbyUpdate: Hot Air believes VP Biden can shut down the amendment bomb process. However, Robert Dove, former Senate parliamentarian, disagrees:
Senators are also entitled to offer as many amendments as they choose during reconciliation. Though Democrats have a large enough majority to beat back GOP attempts to alter the bill, neither they nor the parliamentarian can limit the number of amendments introduced, Dove said.
A Senate insider agrees. The Vice President as President of the Senate can overrule the parliamentarian, but if the parliamentarian is not in a position to rule, the Vice President has nothing to overrule. What the Senate can do is invoke the Byrd Option, also known as the constitution option. This would effectively kill the filibuster period. Try getting 50 votes for healthcare after that. Such a move for sweeping legislation would have far reaching and disastrous consequences.
Whatever Dove said on MSNBC, it does not jive with his previous statements. Of course, being fired by Republicans in the Senate during the GWB years cause one to question anything Robert Dove says. However, note below what is NOT being said. Regardless of the process, the end result is to kill the filibuster. This would be a disaster for the country, and the Democrats are counting on the GOP to go spineless on this one. As I indicate below, that strategy may be working. Instead of buckling, the GOP needs to call their bluff or face the wrath of the public and watch electorate gains turn to losses.
Assume even for a moment that I and many others are wrong, the consequences for the VP pulling this stunt would also be disastrous. However, if the reader thinks about it, if the VP can do this, he IS effectively killing the filibuster – there is no difference. So the reality is the Senate can stop reconciliation by killing the filibuster. How they do that is of no matter, the end result and consequences will be the same and when we are in power the Democrats will face the same treatment. Just remember the gang of 14 and Senator McCain. He created that gang for a reason. Killing the filibuster would be a disaster and the Democrats know it. It won’t happen. Right now, my biggest concern is everyone is getting so worked up that Republicans will sense fear from their constituents and fold. Senator Kyl has already stated Republicans will not stall ObamaCare reconciliation with unlimited amendments. If we go weak, they go weak.
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 the GOP in November. The American people do not want ObamaCare so the Senate GOP 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. The same is true for us. It is time to present the facts and stand tall. If we lose this fight in the Congress, it is on to nullification and possible repeal (although the later will be difficult in the near term and even in 2013). That is not to say nullification is easy, but as a solution it offers the best long term survival of our country. If Washington is unwilling to listen, the states need to remove the purse strings except for those aspects of the federal government that require funding PER the constitution.
Also via Politico: The problem with reconciliation.
Also read Rule By Tyranny. Senator Byrd’s (D-WV) Thoughts on Reconciliation. If the architect of the process is vehemently against using it to pass sweeping legislation, don’t you think this needs national exposure? Why are the GOP talking heads so silent on this? Even the blogosphere, with few exceptions, is not reporting this. From a public relations perspective the words of Senator Byrd are pure gold.
Need to contact your Republican Senator to ensure they are on board with this process, or would you like to contact your Democratic Senator and tell them to say no to reconciliation? If so, look them up here.
——————–Original Post
Folks are getting pretty fired up over both the Redstate post concerning VP Joe Biden overruling the Senate parliamentarian during reconciliation and then this post from Hot Air stating that the Democrats are near a deal on ObamaCare ahead of the healthcare summit this month:
In other words, instead of bargaining with the GOP from scratch — as Boehner and Cantor initially insisted and as 57 percent of the public wants, per yesterday’s Zogby poll — The One’s going to do the opposite by walking in, pushing a fake deal in front of the GOP, and declaring before the cameras that America’s health-care problems can now be solved unless the “party of no” insists on further obstructionism. And if they do, of course, he’ll have no choice but to save America by ramming the bill through in reconciliation.
The thinking is that Democrats are going to use either standard reconciliation or what I like to call the nuclear option reconciliation described in the Redstate post. What many are forgetting is that even with a nuclear option reconciliation, the Republicans still have a trick up their sleeve. It is for this reason that I believe the threat of reconciliation is a bluff with the intent of getting the GOP to agree to something at the summit.
Falling for this trap would be foolish indeed. The GOP better hold its ground during this farcical summit and remain the party of no when it comes to ObamaCare, thereby implicitly daring the Democrats to attempt reconciliation.
The country demands it of them.
I doubt the Democrats have the guts or temerity to attempt a parliamentary trick if the end result is in doubt and the increased cost to their party come November beyond their ability to comprehend. The biggest mistake the GOP could make is to enable the Democrats to snatch victory from the jaws of defeat by delivering any overtures of bi-partisanship towards a bill which is blatantly partisan. The cost to the GOP in the mid-terms would be incalculable and any gains in the electorate erased before their eyes.
The GOP must follow up on the threat of using amendments to slow down reconciliation.
Both VP Joe Biden and the parliamentarian would be unable to stop this process:
Senators are also entitled to offer as many amendments as they choose during reconciliation. Though Democrats have a large enough majority to beat back GOP attempts to alter the bill, neither they nor the parliamentarian can limit the number of amendments introduced”, Dove said.
The Dove referred to in the quote is Bob Dove, Senate Parliamentarian until 2001.
As there is no limit to the amount of amendments that could be offered, the bill would be delayed and obstructed until it died the death of a thousand cuts.
Recently, the Tea Party polled better than both Republicans and Democrats in a generic ballot. Why? Because they are the party of no – no to ObamaCare, no to bailouts, no to fiscal lucre – no, no, no. Obstructionism in defense of liberty is no vice and cooperation in pursuit of tyranny is no virtue. Republicans better get the message.
Some good advice from Dr. Hunter:
Hey, Republicans, heads up, ears open, eyes on the prize: Object, Obstruct and Delay any effort by the White House and congressional Democrats to revive the death march toward nationalization of healthcare. And most importantly, don’t do anything to allow RhinoCare to be resurrected from the dead.
So throw up those amendments such as tort reform, buying insurance across state lines, and anything else painful for Democrats to vote on. Make them go on the record as being against common-sense reform as the GOP continues to amend, amend, amend until the bill is dead.
If the GOP plays its cards right, the Democrats not only do not get to shove their precious bill down our unwilling throats, but face an even greater slaughter in November for daring to usurp the will of the American public and trample on minority rights in the Senate. Get the popcorn.
Related: Does The Public Want A Public Option – No It Does Not
Of course, if all goes wrong, there is always nullification!. Actually, the only way to really stop the amendment bomb would be to invoke the constitution option (once known as the Byrd option), which would effectively kill the filibuster. While I don’t think the Democrats have enough votes even for reconciliation, a part of me hopes that, in the end, they go the filibuster killing route (highly unlikely). That would be a perfect start to begin nullification with a bang instead of a whimper and bring us back to constitutional governance where the states hold the power as opposed to a centralized federal government. What many do not realize is that the Supreme Court is not the final arbiter of the constitution – it is the states. What fun!
Reconciliation, the public option, and Demcare revival
A Tortured History of ObamaCare. Dan Perrin has been a real rock during this entire debate. This is just one of many posts where he once again reassures us that ObamaCare is dead. However, just to be sure, keep up the pressure; Cut off its head, dismember it, scatter the body parts, and set them on fire before blasting them individually off into deep space.
Love it: NYT Admits Conservatives Are Right About Government Healthcare
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Great article and very informative. RedState has had some of those as well, though today’s was a bit hysterical. As for Hot Air, you usually get more heat than light over there. We need more articles about strategy and the pitfalls of reconciliation. Thnx.
TxTenther,
Thanks, but I would have to say that I am a fan of Hot Air and Redstate. Actually, quite a big fan of both sites. But we don’t have to agree on anything and your comment is appreciated. Cheers.
Your hypocrisy is astounding. Back in 2005 the Senate GOPers were hatching the so-called “Nuclear Option” to lift the judicial fillibuster of some of the more pure right-wing ideologues proposed by Halliburton, excuse me, Bush. At that time, Frist suggested simply not referring this to the GOP appointed parlimentarian, or even firing him, if he did not agree. And now you conflate that effort with the use of Budget Reconcilliation, that has been used 22 times since its inception, 16 by the GOP, and yet claim that this is some parlimentary “trick.” This procedure has been used in healthcare issues, COBRA, the “BR” stands for “Budget Reconcilliation”, and by the GOP for other programs, like the deficeit funded Bush tax cuts, which dwarf the current Senate health bill.
To your other points. Tort Reform; is less than 1% of total costs of medical services in this country, look it up and do the math. It is NOT the biggest cost driver. Allowing purchases across state lines; did you ever wonder why all the major credit card companies are located in Deleware? It’s because when that practice (buying across state lines) was green-lighted for that industry, there was a race to the bottom in state regulations to attract those business. Did you notice that in your card agreement, it is entirely subjected to the laws of the state of Deleware? So its basically unregulated, good luck getting any satisfaction when you are abused by them.
How is this bill “Freedom threatening”? The individual mandate? A republican proposal since 1993. The wellness personal responsibility? Afraid they will make you exercise? Again, this is another Republican idea. You bandy about “liberty”, and “freedom” without actually ever using them cogently in your arguments, example, “my liberty is abridged because…….” “my freedom has been taken from me thusly, …” No, these words are just props for you, “buzzwords” if you will. I’d like an answer from any conservative on these issues.
Tell you what, you take your “freedom” to have your insurance rates escalate by double digits each year, at the same time your deductibles, co-pays, and ‘out-of-pockets’ shift more of the burden to you. And then we you need it most, your insurer has the ‘liberty’ to cancel your policy and deny payment. Personally, I’d prefer to have the ‘freedom’ to know that if my kid gets cancer, and is facing a lifetime of treatment, they will be able to have the ‘liberty’ to recieve those treatments without fear of yearly and lifetime caps. How about you?
Bill in WI,
So can it be assumed that you wholeheartedly supported the Republicans when they proposed using ‘similar’ tactics as the the democrats are proposing using now? If not, then how can you argue that using similar tactics now is justified?
Freedom and liberty are granted by God and protected by the U.S. Constitution, if people like you and politicians (of all parties) would recognize this fact, then we wouldn’t have most of the problems we now face.
Most of our healthcare problems (and credit card problems) are caused by the government trying to control more and more of private industry. Where in the U.S. Constitution is the Federal government granted the rights to regulate healthcare or credit cards (besides the distorted view of the definition of interstate commerce)?
Prove the constitutionality of your proposals and I won’t complain about losing my freedom.
obama and his SHIP OF FOOL’S ARE GOING TO SINK OUR WAY OF LIFE….. thank god for our (constitution) !!!!!!! it’s WE THE PEOPLE !!!!! (NOT WE THE GOVERNMENT) .
Angus:
No, I did not support what Trent Lott called in 2005 the ‘nuclear (or nuklar if you prefer) option.’ That is changing the rules of the Senate, specifically around the filibuster, in mid term. But that is not what Senate Democrats are proposing. They may use the ‘Budget Reconcilliation’ process(introduced in 1974) to pass some of the proposed healthcare legislation. Despite Repubilican attempts to make the two concepts mean the same thing, they are not. I hope you can see that. The Budget Reconcilliation rules have been used 23 times since 1981, 17 of those bills signed by Republican presidents, I went back and counted. Among them the two, deficit funded Bush tax cuts for the wealthiest 2% of our citizens, the deficit funded Medicare drug plan which affects seniors with more than $2,000 a year in prescription costs and makes them responsible entirely for the next $3,500 (the donut hole). Ask you parents or grandparents how they are liking that.
But now you use your nuclear option. You say “God grants freedom and liberty.” Here’s the problem with that. Lloyd Blankfein of Goldman Sachs said he was “doing God’s work” when he decided that more of your money ought to be in his pocket. Now, you could say “thou shalt not steal”, but what’s going to stop him? Some promised ‘next life’ punishment? What if he doesn’t believe that? And what good does it do when he’s got your money? God is used far to much to justify so many heinous acts. Some Muslims use it justify criminal acts of murder to achieve political purposes. Some Jews use it to stealn Palestinian lands, which the Jews had previously agreed rightfuly belonged to the Palestinians. Some Christians have also used their interpretation of “God’s will” to justify the Crusades, the Spanish Inqusition, slavery, and a whole host other decidely non-Christian acts. The problem with “God” is, it just like “Beauty.” It’s all in the eye of the beholder, or the interpreter in this case. You have one view, a Saudi Arab has another, and an Israeli Jew has a third. But you are all convinced YOUR interpretation is correct, and the others are wrong. I won’t even get into that 12% of the population that do not believe there is a God at all.
And yes Angus, the Constitution does grant the Federal government the power to regulate commerce. Article I, Section 8, Clause 3, commonly called the “Commerce Clause”. Among other things this grants the right to control Interstate Commerce. Now maybe, you get everything you need inside the boundaries of your own state. But if you really think about it, you don’t. Without interstate commerce, we wouldn’t be the United States. We’d be 50 little soverign states that all signed a mutual defense treaty. To think that, in this day and age, that totally unregulated Capitalism is the answer to all our problems is just simplistic. It was lack of regulation that allowed the banks and insurance companies to take us to the brink of financial ruin (my 401k lost 30%, how about yours). This is what they do when there are no rules. In a completely un regulated market, I’ll bet we could produce food cheaper. Thats because there would not be any meat inspectors, or other safety checks. And you know, corporate food producers wouldn’t self inspect. Why should they. Think about that the next time you sit down to a hamburger, medium.
Finally, I just have to know the answers to these questions.
Did you think that your “freedom and liberty” were under assault prior to January 20, 2009?
If so, exactly what “freedom” have you lost since that day? What “liberty” have you lost since that day?
I’ll give you my answers (which may surprise you) if you answer me.
Bill in WI,
You seem to have difficulty reading a sentence and accurately interpreting what is being written. Or, you apparently have the false impression that you can make a coherent argument defending your beliefs by confusing two slightly similar lines of thought.
Where did I mention the ‘nuclear option’? Obviously you didn’t support the Republican use of Budget Reconciliation to pass those ‘deficit causing’ tax cuts, why do you support Democrats using Budget Reconciliation to pass a healthcare bill that isn’t related to the Budget? Do you support the current frenzy for even higher deficits or are you only opposed to the deficits created under Bush? For what it is worth, I was opposed to Bush’s deficits, his Medicare drug plan, and the current deficit spending insanity.
In response to your frenzied attack against the unforgivable sin of actually speaking about God, did you even read the entire sentence I wrote? Do you equate abiding by the U.S. Constitution with the Crusades, Zionism, and Jihad? If God doesn’t grant you your rights, then who or what does? If God doesn’t indeed grant you your rights, then those rights can only come from some form of government and all governments are composed of politicians. If politicians have the right to grant your freedom and liberty, then that implies that politicians also have the right to deny your freedom and liberty.
Since most wars are started by politicians, then it would seem that your tirade caused by mentioning God-given rights should instead be directed towards politicians that falsely claim they are following God’s wishes instead of at those that recognize that God grants all humans of all races and creeds their freedom and liberty. You are free to believe whatever you desire, why do you get so irate if others don’t have the same beliefs as yours? Who is the intolerant one in this conversation?
On the subject of the Commerce Clause, where did I say that it shouldn’t be applied where it is actually applicable? Does it apply to each and every aspect of my life? Does it apply to the entire healthcare bill? Once again I will try to ask the question (without mentioning the Commerce Clause so you won’t get confused), where in the U.S. Constitution is the Federal Government given the authority to implement any of the proposed healthcare bills?
Since you ‘just have to know’ (I can’t see why you would so insistent in knowing), Yes, I believe that my freedom and liberty where under assault prior to January 20, 2009. Almost every piece of legislation proposed in government (local, state, and federal) seeks to regulate a portion of my life. Almost no piece of legislation grants individuals more freedom. Almost every regulation and law imperils our freedom.
I’m anxiously waiting for your surprising and enlightening answers.
Angus:
Have a heavy work schedule this week, but will get back to you.
Cheers,
Bill in WI
Angus:
Excuse me if I perceived that you were conflating the nuclear option with Budget Reconciliation. I’ve heard so many Republicans making that false equivalency recently; it seemed that is where you were going. Glad to see you understand the difference. It’s not that I didn’t support Reconciliation; I didn’t support the underlying legislation. To me it was more ‘trickle-down’ economics, which have simply failed for the economy at large. I actually benefit now (slightly) from the Bush tax cuts, but I firmly believe that when there is such a concentration of wealth in the hands of so few, it’s economically unsustainable. Witness the Great Depression.
The Health Care bill is budget related, as it affects a sizable chunk of the Federal budget. In fact most of the recent health care legislation in this country has been passed via the reconciliation process.
For example, the law that lets people keep their employers’ health insurance after they leave their jobs is called COBRA, not because it has anything to do with snakes, but because it was included as one fairly minor provision in a huge reconciliation bill. The reason it’s called COBRA is because it was contained in the Consolidated Omnibus Budget Reconciliation Act of 1985; and that is how we came up with the name COBRA,” she says.
Other Health Care legislation done through reconciliation:
The so-called Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals that accept Medicare or Medicaid payments to at least screen patients who arrive for emergency treatment, regardless of their ability to pay.
The expansion of health insurance coverage for low-income children known as SCHIP.
The original CHIP done in 1997.
Via a series of budget reconciliation bills, beginning in 1984, Congress began expanding Medicaid coverage.
So literally we’ve changed everything about insurance coverage for children and families, and we’ve changed access to health care all across the United States all as a result of reconciliation.
In 1982, the reconciliation bill that year added the hospice benefit, which is very important to people at the end of life. Over the years, budget reconciliation bills added Medicare benefits for HMOs, for preventive care like cancer screenings; added protections for patients in nursing homes; and changed the way Medicare pays doctors and other health professionals.
Over the past three decades, the number of major health financing measures that were NOT passed via budget reconciliation can be counted on one hand. And one of those — the 1988 Medicare Catastrophic Coverage Act — was repealed the following year after a backlash by seniors who were asked to underwrite the measure themselves.
You question the Constitutionality of the individual mandate, a Republican idea since 1993 since they did not want to mandate employer coverage. Massachusetts has had an individual mandate now for three years, with no Constitutional challenge. Besides, you could consider this as covered under the Commerce clause. Finally the mandates will be administered via the IRS and the Income tax. You may not like it, but it is supported in the Constitution.
Personally, I don’t like the individual mandate, and hope that is something that ultimately goes away. I favor a single payer system, like the rest of the civilized world. Doctors, hospitals, drug companies, would all still be private entities. They would not be government agents or institutions. The US Government would simply be the payer, with much lower overhead, fairer payment schedules to vendors, and most importantly no profit motive. It’s the insurance companies profit motive that is the current cancer in our health care “system.”
HR 676 proposed single payer. As I recall the incremental costs were an additional 3.3% in employer and employee employment taxes, and surtax on the wealthiest 2% of our population. I’d gladly replace my premiums for an additional 3.3% withholding, I think employers would rather do that as well. I believe the surtax was 10% on all income over $1million. A complete deficit busting proposal, but then there would be no insurance companies, and I guess we can’t have that.
About God, if you want to believe that you got ‘liberty’ and ‘freedom’ from God that is great. I’m happy for you. But we live in a human society, not one made of deities. Your interpretation of God and “God’s will” could be radically different than mine. That was my point about Muslims and Jews, as their interpretation of God and “his will” are radically different. It’s odd considering all three major monotheistic religions say it’s the same God, the God of Abraham. Calling up your interpretation (or any individual’s) and writing that large on society is not what our society is supposed to be about. That is exactly why we have separation of Church and State.
Bill in WI,
Does it occur to you that while trying to justify the Democrats using budget reconciliation to pass healthcare, that you actually outlined the reason healthcare supposedly needs reform?
If all aspects of healthcare hadn’t been tied to the budget and reconciliation rules hadn’t been misused to address these manufactured problems, we wouldn’t have half of the problems we currently face. How can the current problems be fixed by using the same sort of thinking and methods that have obviously failed in the past? Or, was all the legislation that you outlined to justify using reconciliation to pass healthcare designed top fail in order to allow a much more sweeping and controlling legislation to ‘fix’ the problem?
Again, where did I mention God’s will? Why is it so hard to understand separation of Church and State, it does not mean an absence of religion, it means there should be no State sponsored or mandated Church?
You conveniently failed to answer the question about where your rights specifically come from. Were you born with any rights? Does anybody have rights to ‘Life, Liberty, and the Pursuit of Happiness’? Does the ‘human society’ grant you your rights and can they infringe upon them however and whenever they choose?
If I believe that I (and every other human being) was born with the right to ”Life, Liberty, and the Pursuit of Happiness’ (which implies that there is some sort of Creator), explain to me how I am imposing my belief on anyone? The only way I can see that I would be ‘imposing’ my belief about God-given rights on you is if you want to infringe on my rights and I resist those efforts. Do you think that a ‘human society’ has the right to deny me my life or liberty or pursuit of happiness?