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#1 Mar 17 2010 at 7:41 AM Rating: Good
So, it comes to this. A plan to pass a rule in the U.S. House of Representatives to deem the senate health care bill passed, rather than actually vote on the bill.

Seeing as there is not credible poll in the United States that shows a majority of people in favor of the legislation before congress, I have a question for my more left-leaning friends here (actually 2): Do you support this plan to deem the health care bill passed without actually voting on it? If you do, what's going to be your reaction the next time the GOP controls the government and decides to deem a bill outlawing homosexual behavior or abortion passed?
How you feels about it?
I think it's the right idea for this bill, but would probably oppose it if it was used to impose someone else's morality.:2 (7.1%)
I think it's perfectly acceptable in any case.:4 (14.3%)
I have qualms about it, but if it gets health care passed, I'll live.:8 (28.6%)
I want the health care bill passed, but not like this.:14 (50.0%)
Total:28

I'm not including options anti-health care reform act, because I don't give a f'uck what the people who agree with me think.
#2 Mar 17 2010 at 7:58 AM Rating: Good
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It's already been voted on and passed. /shrug

It has majority support, and the intent of the filibuster, to give more time, has been completely successful.

Edited, Mar 17th 2010 9:00am by Xsarus
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#3 Mar 17 2010 at 8:18 AM Rating: Excellent
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It's fine. It's just a way to say "we accept the Senate's version of the bill and will not spend weeks arguing about reconciling our version with theirs."

If y'all can get homosexuality outlawed via the Senate and the House chooses to waive debate and accept the Senate's version, then that's what happens. I am perfectly serious in saying I would look for another place to live at that point.

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#4 Mar 17 2010 at 8:49 AM Rating: Excellent
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I have "qualms" in that I disagree with most procedural maneuvering to avoid a straight vote in regards to pretty much anything. However, since the whole things has degraded into who can find a twist in the rules to circumvent the other guy's rules twists -- all under the blanket excuse of "It's in the rules!" -- then you might as well go for broke. Maybe some day someone will care enough to fix the system.

If it's a legal tactic (and it seems to be) then I'm too tired of the process to give a shit at this point.
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#5 Mar 17 2010 at 10:40 AM Rating: Excellent
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It's been done before, it'll be done again. Pass the damn bill, already.
#6 Mar 17 2010 at 11:02 AM Rating: Good
Quote:
It's been done before, it'll be done again. Pass the damn bill, already.

I haven't looked, so I honestly don't know. Has it ever been done on something so culturally sweeping as this? Isn't there at least some sense that something with the potential to change so much of our daily lives should have to pass on it merits, rather than a technicality?

I don't know, it just makes me feel like I would if the guy who murdered me and my wife got away with it because Mark Fuhrman was a racist.
#7 Mar 17 2010 at 11:07 AM Rating: Excellent
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That's a really bad analogy.

It's more like Mommy and Daddy getting together behind your back to agree that you can't have a pony, thus stopping you from playing them off against each other.

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#8 Mar 17 2010 at 11:09 AM Rating: Good
Samira wrote:
That's a really bad analogy.

It's more like Mommy and Daddy getting together behind your back to agree that you can't have a pony, thus stopping you from playing them off against each other.


Illustrating a technicality with another technicality is a bad analogy? Especially when compared to something that isn't a technicality? I must confess your advanced logic eludes me.
#9 Mar 17 2010 at 11:10 AM Rating: Excellent
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It *isn't* a technicality.

Screenshot


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#10 Mar 17 2010 at 11:11 AM Rating: Good
Samira wrote:
That's a really bad analogy.



Mostly because Nicole was Ronald Goldman's *****, not his wife.
#11 Mar 17 2010 at 11:21 AM Rating: Good
Samira wrote:
It *isn't* a technicality.

I'm sorry, creating a rule in the house of representatives explicitly to avoid calling a vote on a bill, deeming it passed, so that it can be sent to the President isn't a technicality?

Again, maybe I'm just not smart enough to follow your advanced logic, but how can exploiting a loophole not be a technicality?
#12 Mar 17 2010 at 11:28 AM Rating: Excellent
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This isn't the first time a procedural motion has been used, you know. In fact the last time I could find was when the Republicans used it to try to block legislation during the Johnson Administration.

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#13 Mar 17 2010 at 11:32 AM Rating: Excellent
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His Excellency MoebiusLord wrote:
Samira wrote:
It *isn't* a technicality.

I'm sorry, creating a rule in the house of representatives explicitly to avoid calling a vote on a bill, deeming it passed, so that it can be sent to the President isn't a technicality?

Again, maybe I'm just not smart enough to follow your advanced logic, but how can exploiting a loophole not be a technicality?
Isn't what they're doing simply accepting the bill that has been voted on and passed without altering it? Rather then try and change little details here and there, they're just going, ok, good enough, we can pass this bill as it was originally voted on.
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#14 Mar 17 2010 at 11:36 AM Rating: Decent
Samira wrote:
This isn't the first time a procedural motion has been used, you know. In fact the last time I could find was when the Republicans used it to try to block legislation during the Johnson Administration.


As I said earlier, before you critiqued my analogy:
Quote:
Has it ever been done on something so culturally sweeping as this? Isn't there at least some sense that something with the potential to change so much of our daily lives should have to pass on it merits, rather than a technicality?


I understand it's been done. I am also lead to believe that is has not been done to pass such sweeping legislation. So my question remains.

Xsarus wrote:
Isn't what they're doing simply accepting the bill that has been voted on and passed without altering it? Rather then try and change little details here and there, they're just going, ok, good enough, we can pass this bill as it was originally voted on.

Then that's a failing of your understanding. If they wished to pass it without alteration, they could vote on the bill as presented. They are not doing that. They are attempting to create a rule deeming it already passed and move on.
#15 Mar 17 2010 at 11:39 AM Rating: Excellent
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Sort of. Rather than voting on their own version of the bill, which would usually be the case, the House would approve the Senate version, on which they haven't debated.

Scroll down past the break, there's a brief discussion here including a little bit of the history of the maneuver.

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#16 Mar 17 2010 at 11:50 AM Rating: Good
Samira wrote:
Sort of. Rather than voting on their own version of the bill, which would usually be the case, the House would approve the Senate version, on which they haven't debated.

Scroll down past the break, there's a brief discussion here including a little bit of the history of the maneuver.

So, from your link, a simple answer to my simple question:
Quote:
The procedure has been used 20 times over the last 30 years by both Democrats and Republican, often on technical or unpopular measures like raising the debt limit, but never one as big as health care reform.

Also, I find it worthwhile to note the legislative process here...
U.S. Constitution, Articl 1, Section 7 wrote:
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; [...]
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.

#17 Mar 17 2010 at 11:57 AM Rating: Excellent
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His Excellency MoebiusLord wrote:
I haven't looked, so I honestly don't know. Has it ever been done[...]

Yes.
Quote:
[...]on something so culturally sweeping as this?

Who cares? Is there a special copy of Robert's Rules of Order that they keep on reserve for really important bills? Is it proper to continuously filibuster the bill with no intent for actual debate but simply to kill it and force a super-majority vote? Is it proper to say you'll attempt to bury a reconciliation bill with thousands of amendments, forcing a vote on each one?

"Deem & Pass" has been used many times before and the GOP even went to court to defend it in the past:
Washington Post wrote:
So today's furor is that Nancy Pelosi and Louise Slaughter joined Public Citizen in a lawsuit arguing that a bill that George W. Bush signed was invalid because Deem and Pass is unconstitutional. But the court ruled against Public Citizen, Pelosi and Slaughter. Deem and Pass, well, passed. And now Democrats are using it, too.

If the GOP is suddenly having a change of heart and thinks the bill deserves a straight up-or-down vote in both Chambers, they should come out and say so. Or else stop crying that the Democrats found a rule to circumvent the procedural rules the GOP was using to avoid such a vote.

Personally, I'm skeptical that they'll attempt it and think they'll stick to good ole fashioned arm twisting but I could easily be wrong. If they do use it, it'll just cap off a long road filled with both sides playing rules lawyer to game the system and get their way.
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#18 Mar 17 2010 at 12:00 PM Rating: Excellent
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Quote:
So, from your link, a simple answer to my simple question:


Well, that's a matter of opinion. I personally think controlling debt is at least as far-reaching as health care reform; but I dunno, self-proclaimed fiscal conservatives all over the place seem to disagree with me.
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#19 Mar 17 2010 at 12:00 PM Rating: Good
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Samira wrote:
Sort of. Rather than voting on their own version of the bill, which would usually be the case, the House would approve the Senate version, on which they haven't debated.

Scroll down past the break, there's a brief discussion here including a little bit of the history of the maneuver.
I followed the initial senate and house bill votes, does the house not have to vote to accept the senate bill? The point in this case is to avoid another senate vote right?
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#20 Mar 17 2010 at 12:04 PM Rating: Good
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Sir Xsarus wrote:
Samira wrote:
Sort of. Rather than voting on their own version of the bill, which would usually be the case, the House would approve the Senate version, on which they haven't debated.

Scroll down past the break, there's a brief discussion here including a little bit of the history of the maneuver.
I followed the initial senate and house bill votes, does the house not have to vote to accept the senate bill? The point in this case is to avoid another senate vote right?

The point is to avoid forcing the House to vote on the bill that passed the Senate (and getting it signed into law) before passing a "reform" bill that would amend certain parts of the Senate bill that are politically unsavory; the provisions for specific states (Nebraska, Florida, etc), and the abortion language that has been condemned by a bloc of pro-life House Democrats.

Edit: to clarify, yes, this will avoid the need to hold another vote on the core bill in the Senate. But under this procedure, no, the House does not have to hold a vote on the Senate bill that has already passed.

Edited, Mar 17th 2010 1:07pm by Demea
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#21 Mar 17 2010 at 12:15 PM Rating: Excellent
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I'll point out as well that if Deem & Pass is unconstitutional, then it will no doubt be ruled as such in the inevitable lawsuit following the bill's passage. If it's constitutional then there was nothing wrong with doing it this way beyond objections to procedural wranglings in lieu of straight votes.
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#22 Mar 17 2010 at 12:16 PM Rating: Good
Jophiel wrote:
Who cares? Is there a special copy of Robert's Rules of Order that they keep on reserve for really important bills? Is it proper to continuously filibuster the bill with no intent for actual debate but simply to kill it and force a super-majority vote? Is it proper to say you'll attempt to bury a reconciliation bill with thousands of amendments, forcing a vote on each one?

"Deem & Pass" has been used many times before and the GOP even went to court to defend it in the past:
Washington Post wrote:
So today's furor is that Nancy Pelosi and Louise Slaughter joined Public Citizen in a lawsuit arguing that a bill that George W. Bush signed was invalid because Deem and Pass is unconstitutional. But the court ruled against Public Citizen, Pelosi and Slaughter. Deem and Pass, well, passed. And now Democrats are using it, too.

The court didn't rule on the constitutionality, instead dismissing on procedural grounds. They also ruled in 1998 that both houses must pass the same text. That's pass, not deem to have passed. That is a ruling on constitutionality, not procedure.
Jophiel wrote:
If the GOP is suddenly having a change of heart and thinks the bill deserves a straight up-or-down vote in both Chambers, they should come out and say so.

The GOP would welcome an up or down vote in the house and senate. They can't pass the Senate bill in the house, and changes would require 60 votes in the senate. I'm all for it.
#23 Mar 17 2010 at 12:21 PM Rating: Excellent
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His Excellency MoebiusLord wrote:
The court didn't rule on the constitutionality, instead dismissing on procedural grounds. They also ruled in 1998 that both houses must pass the same text. That's pass, not deem to have passed. That is a ruling on constitutionality, not procedure.

As I said, if it's unconstitutional, it'll be judged as such in the inevitable lawsuit. Marbury v Madison and all that.

Jophiel wrote:
The GOP would welcome an up or down vote in the house and senate. They can't pass the Senate bill in the house, and changes would require 60 votes in the senate. I'm all for it.

Actually, if the GOP wasn't trying to filibuster (i.e. if they allowed a straight vote), the House would pass their bill, the Senate would pass theirs (as both have happened), the House and Senate would bang out a compromise bill and that would only need 50%+1 to pass in both chambers.

But we both know that won't happen. And so here we are with the GOP bellyaching over being outmaneuvered in procedural trickery.
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#24 Mar 17 2010 at 12:36 PM Rating: Good
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His Excellency MoebiusLord wrote:
Jophiel wrote:
If the GOP is suddenly having a change of heart and thinks the bill deserves a straight up-or-down vote in both Chambers, they should come out and say so.

The GOP would welcome an up or down vote in the house and senate. They can't pass the Senate bill in the house, and changes would require 60 votes in the senate. I'm all for it.
Straight up and down votes are 50+1
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#25 Mar 17 2010 at 12:38 PM Rating: Good
Sir Xsarus wrote:
His Excellency MoebiusLord wrote:
Jophiel wrote:
If the GOP is suddenly having a change of heart and thinks the bill deserves a straight up-or-down vote in both Chambers, they should come out and say so.

The GOP would welcome an up or down vote in the house and senate. They can't pass the Senate bill in the house, and changes would require 60 votes in the senate. I'm all for it.
Straight up and down votes are 50+1

Fine. It'd be a non-issue, because the votes aren't there in the house.
#26 Mar 17 2010 at 1:03 PM Rating: Excellent
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But they probably would be in the House under a compromise bill which can't happen because the Republicans will just filibuster it in the Senate.

So, again, this is the (possible) result of the GOP's obstructionist tactics instead of them allowing a straight 50+1 vote.

Edited, Mar 17th 2010 2:03pm by Jophiel
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