Health Rationing in H/C Bill Unrepealable?

Discussion in 'Politics' started by Meister, Dec 22, 2009.

  1. Meister
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    Meister VIP Member Supporting Member

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    This bill only gets better and better. Seems that Reid is up to his tricks to lock certain parts of this bill to future legislation.

    December 22nd, 2009, Fairfax, VA—Americans for Limited Government President Bill Wilson today condemned Senate Majority Leader Harry Reid for inserting language into the Senate health care bill that would make it nearly impossible to repeal what Wilson called a “health care rationing board.”
    In the Reid Substitute, under Section 3403 in a section entitled “Limitations on Changes to this Subsection,” it states, “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.”

    “And then, to lock it in place, Reid goes as far as to require a two-thirds vote in order to amend or repeal the rationing board,” Wilson explained.

    The Senate rules change was exposed on the floor of the Senate by Senator Jim DeMint (R-SC), as reported by the National Review Online. Senator DeMint said, “This is not legislation. This is 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 repeal the law.”

    DeMint said that under Senate rules, it should take a two-thirds vote of the Senate to invoke cloture on legislation that contains such rules changes. And, that, “[A]s 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.”

    However, the Senate President ruled that the rules change was not a rules change, but a change in procedure.

    “This is completely unconstitutional,” Wilson noted, pointing to Article I, Section 5 of the Federal Constitution, which states: “Each House may determine the rules of its proceedings…”

    “Under current rules, the Reid substitute, which includes a rules change making it out of order to amend or repeal a section of the bill, should require a two-thirds vote in order to be enacted,” Wilson explained, concluding, “That has not happened, and will not happen, meaning that once passed, any attempt to remove the health care rationing board will be deemed out of order forevermore. People are going to die.”
    LANGUAGE IN THE BILL TO MAKE THE RATIONING BOARD VIRTUALLY UNREPEALABLE - The 9/12 Project (New York, NY) - Meetup.com

    Hmmmm, sounds like shenanigans to me.
     
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