This OP from my post in different thread. Levin deserves own thread on this!

[Liability]

IF (and to whatever extent) a so-called self-effectuating "rule" method of "passing" legislation has been used in the past, the present day use of that "technique" would still not be justified.

"But, Mommy! You let Timmy do it that way!" Great fucking legal scholarship, libs.

By CONTRAST, for those who are willing to discuss the actual issue (and not resort to the limp theory of faux 'precedent' as justification),* here is a link to the current DRAFT version of the Landmark Legal Foundation Complaint in pdf format.

http://www.landmarklegal.org/uploads/Landmark Complaint (00013086-2).pdf



Of course, since the House has not yet acted, the complaint cannot yet have been filed. And it might get tweaked a bit before it does get filed, if the House does act in this glaringly unConstitutional fashion.


_____________________
* It is instructive to look at Mr. Levin's draft complaint at paragraph numbered "28" on this point:

"* * * * Thus far in the public debate on the constitutionality of the Rule, Plaintiffs have detected a marked silence on the legal merits by
[7]
those who would support the use of the “deemed approved” approach to “passing” legislation. The debate on the other side of the issue has been confined to a recitation of other recent occasions when a “deemed approved” procedure was utilized, the claim being that it was employed principally to avoid approval of bills raising the national debt limit and was done so by both parties whose Members wanted to avoid actually having to cast a yea or nay because it was politically expedient not to. Whatever relevance that might have to a political debate, it carries no weight before this Court in favor of the procedure." Levin draft complaint, pp. 6-7, paragraph 28.

 

[PubliusInfinitum]

Outstanding OP...

The problem of course is that the Attention span deficit of the opposition; coupled with their obtuse defense of the indefensible, prohibits them from even READING the complaint... let alone considering the merits of the argument, therein.



But that's an excellent OP, nonetheless...

 

[jillian]

wahhhhhhhhhhhhhhhhhhhhhhh.................

 

[Yurt]

while good intentions, because this has never been used for a bill of such scope and magnitude, i believe prior precedent will cause scotus to either deny the claim or most likely deny cert....i forget the case, but its 112 years old and a more recent one that somebody filed against the rebubs (citizen case) upheld the prior ruling.

now, i know some have given me good arguments that the facts and circumstances can be distinguished, maybe so, but i doubt it

 

[CrusaderFrank]

wahhhhhhhhhhhhhhhhhhhhhhh.................

You sound like you're a key part of the Dems brain trust

 

[PubliusInfinitum]

while good intentions, because this has never been used for a bill of such scope and magnitude, i believe prior precedent will cause scotus to either deny the claim or most likely deny cert....i forget the case, but its 112 years old and a more recent one that somebody filed against the rebubs (citizen case) upheld the prior ruling.
now, i know some have given me good arguments that the facts and circumstances can be distinguished, maybe so, but i doubt it

Well maybe so; and in so doing SCOTUS sets aside it's primary responsibility and leaves the US subject to rule of the majority; and renders itself moot in any circumstance regarding the procedural viability of such bilateral partisan conspiracies of the Legislative and Executive Branches...

As such, I sorta doubt that the Court will take a pass on this obvious parliamentary ruse... which amounts to the means of such a conspiracy to invoke martial law, when faced with a legislative impasse.

Roberts is a lot of things, but a fool isn't one of 'em. No amount of irrelevant precedent can overcome the clear and present fraud which this misuse of Deem and Consent represents; and his watch over the viability of his branch of government is truly at stake.

He passes, SCOTUS is meaningless... except where it serves, what such a pass will establish, as the needs of the two superior branches.

It's that simple...

Where he hears the case, and the court falls victim to a 5-4 adherence to the bill, he at least reserves the courts equitable standing; albeit at the risk of cementing of the means of such conspiracies to prevail in the future; and an all but certain civil war.

 

[Liability]

wahhhhhhhhhhhhhhhhhhhhhhh.................

That is your legal defense of what the freaking United States House of Representatives is on the verge of doing?

Or, put another way: That is your legal defense of what the freaking United States House of Representatives is on the verge of doing?

I expect that kind of drivel from certain other people of the "lib" persuasion. I actually harbored the belief that YOU, of all people, would feel some obligation to be offer some more refined analysis or something at least a bit more sophisticated. Is it that you cannot defend the indefensible?

 

[rightwinger]

NOT FAIR!

 

[Liability]

NOT FAIR!

Your stupid answer puts you in the same camp as Jillian.

The only difference is that from her, such insipid evasion is unexpected.

 

[rightwinger]

NOT FAIR!

Your stupid answer puts you in the same camp as Jillian.

The only difference is that from her, such insipid evasion is unexpected.

Liability is saying MEAN things to me!

 

[PubliusInfinitum]

Yessir... That's the mindset that has to resort to Deem and Consent to pass major bills on which they've never voted.

Mighty impressive girls... clearly a major intellectual Corpse de force...

 

[uscitizen]

NOT FAIR!

Great Glen Beck childhood shot there.

 

[uscitizen]

NOT FAIR!

Your stupid answer puts you in the same camp as Jillian.

The only difference is that from her, such insipid evasion is unexpected.

Liability is saying MEAN things to me!

they said no porn. That includes Coulter without a bra.

 

[Mr.Fitnah]

[ame=http://www.youtube.com/watch?v=RIt2qCiml3g]YouTube - slaughter rule[/ame]

 

[asaratis]

Miss Jillian and like minded worshipers of the Marxist Obama will change their tunes when the IRS takes total control of all company and personal finances via monthly invasions of privacy and shares what is now her personal financial data with the Department of Health and Human Services. She will shit a wire rope when Obama and Company publishes the government's list of approved insurers. She may join the ranks of the unemployed when thousands of existing insurer employees are released from their jobs. (But then again, JIllian may be a lawyer and come out smelling like an Obama-rose. He is protecting the trial lawyers after all.)

Let's see...who needs the SS when you've got the IRS?

The unconstitutionality of these proceedings will not matter in a few years. Obama will be dictator and the ruling few will control the entire population. Dissenters will go to the Gulag!

Leftists are either fools or Leftist leaders making their living leading the fools!

Had I a small island and a boat that could carry two....I'd have my freedom.

 

[asaratis]

...and it is quite evident that you silly, adolescent, liberal shitheads cannot discuss a topic without your puerile nature being exposed.

Liberalism is a mental disorder!

 

[asaratis]

wahhhhhhhhhhhhhhhhhhhhhhh.................

That is your legal defense of what the freaking United States House of Representatives is on the verge of doing?

Or, put another way: That is your legal defense of what the freaking United States House of Representatives is on the verge of doing?

I expect that kind of drivel from certain other people of the "lib" persuasion. I actually harbored the belief that YOU, of all people, would feel some obligation to be offer some more refined analysis or something at least a bit more sophisticated. Is it that you cannot defend the indefensible?

Likely so. Also likely so is the idea that she and her ilk do not care if the Constitution is circumvented. Marxism is on the march.

 

[rightwinger]

Miss Jillian and like minded worshipers of the Marxist Obama will change their tunes when the IRS takes total control of all company and personal finances via monthly invasions of privacy and shares what is now her personal financial data with the Department of Health and Human Services. She will shit a wire rope when Obama and Company publishes the government's list of approved insurers. She may join the ranks of the unemployed when thousands of existing insurer employees are released from their jobs. (But then again, JIllian may be a lawyer and come out smelling like an Obama-rose. He is protecting the trial lawyers after all.)

Let's see...who needs the SS when you've got the IRS?

The unconstitutionality of these proceedings will not matter in a few years. Obama will be dictator and the ruling few will control the entire population. Dissenters will go to the Gulag!

Leftists are either fools or Leftist leaders making their living leading the fools!

Had I a small island and a boat that could carry two....I'd have my freedom.

BEDLAM!

Bedlam I say. Heed my words, if healthcare passes the world will be thrown into anarchy. Gulags will be replacing Starbucks

For God sakes....save yourself

 

[CrusaderFrank]

It feels like we're very close to hitting "Ctrl Atl Del" twice and rebooting the whole enterprise

 

[Liability]

It feels like we're very close to hitting "Ctrl Atl Del" twice and rebooting the whole enterprise

You'd almost think that all the "chatter" recently (from MANY of the States, their legislators, Governors and leaders) to the effect that State Sovereignty has actual, literal and real meaning (yes Virginia, even today) would make SOME kind of an impression on the liberal Democratics in the Federal Government who are busy trying to erase the Constitutional structure of the United States.

But alas. No.

These liberal Democratic dorks think it's all just meaningless political venting. They are seemingly incapable of divining that -- possibly -- this is the beginning of a real and powerful movement. They lack imagination and they lack foresight.