It appears that House Speaker Nancy Pelosi is contemplating the use of a “deem and pass” tactic to secure passage of the health-care bill. The procedural tactic is designed to allow members to avoid accountability for their votes and would reflect a conclusion that, in an up or down vote, the bill for fail.
Instead of a direct vote, Pelosi just vote on popular fixes to the Senate bill and declare that the health care bill is deemed passed.
Pelosi was remarkably honest about the purpose of such a maneuver: “It’s more insider and process-oriented than most people want to know. But I like it, because people don’t have to vote on the Senate bill.”
That is precisely why it is more convenient than principled. While the Republicans are hardly credible in objecting after they engaged in similar tactics when in control, it is not the way that one of the most important pieces of legislation in decades should pass. The courts would likely uphold the tactic. This procedure has been used many dozens of times by the Republicans, including with major funding bills. The courts are highly deferential to Congress on its internal rules and Article I requires a vote of both houses, which Pelosi can claim is satisfied by the vote on the reconciliation language. However, it will only fuel criticism that the White House is seeking to avoid a direct vote — particularly in the Senate where it lacks the votes.
The tactic is called a “self-executing” rule that embodies a “two-for-one” procedure. The House agrees to pass one matter while saying that the other matter is deemed passed as well. It is routinely used for less important or non-controversial pieces of legislation.
While legal, I believe it is a mistake and bad precedent for Congress. If they use this tactic, they will give the GOP another rationale for seeking to repeal the bill if they regain control of Congress. More importantly, given the unpopularity of the bill in many parts of the Congress, this will reaffirm in the eyes of critics that the bill was passed by procedural trickery rather than democratic process. Members should vote on the record and the Speaker should not work to help members avoid accountability for their decisions. I do not like the GOP tactics or scare tactics on the bill any more than Pelosi but this is not the way to take the high ground in the debate. Instead, it validates the GOP tactics. Let’s have an honest debate and honest vote. If the GOP kills health care, we have an election around the corner to seek a public verdict on the matter.
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Simon,
I suppose you can spell it but don’t get it.
Well Simon,
I suppose you know the scent well. Simon, hmmmm, Judas son of Simon? You have arisen from the tombs of the potter’s fields.
This is absolutely the most corrupt Congress this nation has ever seen.
Yet Jowelly cheeks Turley still goes on the sickness known as MSNBC and does his ridiculous sounding rants.
Health Care Plan Americans Can Live With!
1. Deregulated Health insurers so that all of them can sell in any state. End the monopolies and increase competition.
2. Turn Medicare and Medicaid over to private insurance companies to run for the poor and seniors. Private companies can fight fraud better than the government can. Medicare and Medicaid can become profitable.
3. Get rid of the FDA and eliminate law suit protection of drug companies. Open up drug purchasing from other countries. This will force drug companies to provide safe and affordable drugs.
4. Provide tax deductions for the poor that cannot afford insurance.
5. No coverage for legal or illegal immigrants unless they pay for there own.
6. Tort reform, make the loser pay the fees of the victor.
7. Stop the practice of requiring insurance coverage we don’t need. The government mandates insurance coverage demanded by special interest groups that makes no sense for a lot of people.
Anonymously Yours
Yes, nothing offends people or strikes fear into the hearts of quailing legislators quite so much as an anonymous internet person with poor spelling and grammar. (“Pussies” is the word you’re looking for.)
Lincoln’s Ghost:
Perhaps the Senate, which before the 17th Amendment “contain[ed] within a small space a large proportion of the celebrated men of America[, comprising] … eloquent advocates, distinguished generals, wise magistrates, and statesmen of note, whose arguments would do honor to the most remarkable parliamentary debates of Europe.” But “[a]t a few yards’ distance” from the Senate door, we encounter the House, where “one is struck by the vulgar demeanor of that great assembly. Often there is not a distinguished man in the whole number.” So thought DeTocqueville about Congress “in the not so distant past.” (Alas, it is still said—and to the extent that we are talking of legislation, is true—”that the representatives of the people do not always know how to write correctly.”)
I agree they should be set a better example…starting with that dingbat Palin.
Dredd,
I could not agree with you more, but apparently congress is as much afraid of losing an election as judges are afraid of madd. If I say this I am going to offend some, but they are pussys’ plain and simple.
Take a stand, if you feel something is right or wrong. Charley Wilson for all of his womanizing did just that. He may have been a Republican but he let you know where he stood.
You may not have liked Phil Gramm but as far as politicians he resigned as a democrat and ran as a republican in a special election. This is more honorable than anything I have seen in Texas politics before.
Sorry George, the “She’s so stupid, she made him say it” argument just isn’t persuasive much past the third grade. Grayson’s ad hominem attack isn’t becoming of the position he holds, the body he serves, or the people he represents.
Until such a time that boorish behavior – be it Grayson’s “dingbat” comment, or the SC Rep’s “you lie” moment, becomes unacceptable to the general public, we deserve whatever legislative idiocy comes out of Congress.
The difference between you and me is that you think elected officials should be fervent competitors in the race to the bottom of political discourse, and I believe that they should all endeavor to set a better example. They should engage the issues, not hurl personal insults.
Dredd,
The Constitution? How quaint. 😉
This is just indicative of the culture in Washington, one where laws, rules and procedure are only adhered to when convenient. If not, it seems, there is always an end run available, another “procedural option” or “legal opinion” to go on. For any politician to claim any moral authority — especially this president — is unconscionable.
And, to “Lincoln’s Ghost”, perhaps the Member of Congress wouldn’t have called the former Alaska Governor a “dingbat” if she didn’t act like one every time she opened her mouth. For anyone to defend this opportunistic pig is incredible to say the least. She deserves no public respect because she hasn’t EARNED any. She resigned half way through her term to pursue lucrative book and speaking deals, defrauded Alaska taxpayers flying her children around, and essentially thumbed her nose at all those Tea Party folks down in Nashville by telling them they’d need to eventually pick sides, all after she took their $150,000. There are those who have honor to defend in this country, unfortunately Mrs. Palin isn’t one of them — not by a long shot.
Would it be held unconstitutional? Article I, Section 7 says:
“Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases 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.”
(italics added) …
Quote “The courts would uphold the tactic”
Then they aren’t doing their job as a “check & balance”.
And the whole idea that this is “legal” is BS!
The WHOLE system is corrupt then. I guess we need to start over.
Disgusting. No other words
They need to do something for they are “making us sick” hearing this everyday and night for the last year.
Sadly, this tactic is just a reflection of the eroding civil sensibilities in both houses of Congress. It was started under Tom Delay’s reign, and is exacerbated with Nancy Pelosi.
There was a time in the not so distant past, when Congress was a place where men (and women) engaged in scholarly and learned debate to find solutions to pressing contemporary problems. We had comity in the Senate, and perhaps more robust debate in the House, but it was rarely as personal and vindictive as it’s become the last 12 or so years.
Today, we have a sitting member of Congress calling a former Alaskan governor a “dingbat”, in public no less. Irrespective of your feelings towards Sarah Palin, such public comments coming from a US Representative aren’t reflective of the great examples of admirable statesmanship set by Jefferson, Adams, Lincoln and Daniel Patrick Moynihan. Unfortunately, Congress looks more like the Jerry Spring show than it does an example of excellence in a Legislative body, and the country suffers because of it.
Accountability in Washington that’s funny
So much for holding elected representatives accountable. We may as well disolve the Union.
Have you been paying attention at all over the last year? An “honest debate and honest vote” is impossible with the current GOP. The bills have already passed both the House and the Senate. So how is this controversial? The “deem and pass” is a necessary procedure that, IMO reveals the awful state our democracy is in. Normally I understand or am with agreement with you, but this is simple fantasy.
Health care reform is too important to ignore and there has been nothing to suggest the GOP or the American public will do anything about it come November.
Well, she has to do something.