The Real Deal on Repeal


#1

IT CANNOT BE REPEALED NOW.

I will explain but if you don’t want to read my post then just read this:

https://fas.org/sgp/crs/misc/R44709.pdf

The so-called nuclear options used by Harry Reid and Mitch McConnell were applied to “advise and consent” responsibilities of the senate. A Constitutional objection was made in applying the cloture rule to judicial “advise and consent” votes. The presiding officer of the senate ruled against the objection it so it was put to a majority vote where it was upheld. IT DID NOT CHANGE ONE WORD IN THE RULES OF THE SENATE. CHANGING the rules requires 67 votes under the current rules. The rules are ADOPTED on the first day of each session. 51 votes are required to adopt the rules.

Obamacare is a legislative issue NOT an advise and consent issue. Whether you like the cloture rule or not there is no basis to question its legitimacy as a self-imposed rule of the senate when applied to the legislative process.

Cloture could be eliminated or modified on January 18th 2018. Assume that they do so. Does anyone really believe that 51 senators would vote for a clean repeal? The media is constantly counting votes for and against the GOP reconciliation bill. Has anyone asked Senator Paul how many votes he has for his clean repeal?

Rand Paul is a self-serving gas bag who is stocking up his red meat freezer so he can be “the one who fought for repeal until the bitter end”. He knows the rules and procedures of the senate and he still calls for moving an immovable object. If anyone has a secret Constitutional objection to the cloture rule applied to legislation he should have it. Let’s hear it Rand.


#2

OD. That “the rules cannot be changed until next January” meme is nonsense. It’s NOT the “law”. It’s a rule and rules can be changed by the majority of the Senate.


#3

NO, under Senate rules they can CHANGE the rules by majority vote but they cannot end debate on the CHANGE without 67 votes under their own rules. They ADOPT new rules for each session. This is done by majority vote PERIOD

The constitution allows the senate to make their own “laws” or rules for their procedures. What Harry and Mitch did was not a change in the rules. To change the rules of the senate, Rule 22 applies:

“Rule XXII mandates that prolonged debate on amendments to Senate rules can be brought to an end by a twothirds vote of the Senators present and voting 67 of 100 Members if all Senators vote, a likely outcome on an issue that affects the institution’s long standing deliberative character.”

https://fas.org/sgp/crs/misc/R44709.pdf

The ONLY “loophole” is that each new session of the Senate ADOPTS a set of rules by majority vote, on the first day of their session. After they are adopted any changes require debate and 2/3-rds agreement to end that debate. I can’t make it any clearer than that.

READ the document. It is not some crazy theory. It was prepared by the Congressional Research Service for use by members of Congress and their committees.


#4

[MENTION=11981]Pappadave[/MENTION]

If you are relying on some politician who says we can have a clean repeal today please remember that the last politician who never lied passed on in 1799 at Mount Vernon.


#5

The self evident truth is, the American People will never be better off under Obamacare or Trumpcare. To allow our federal government to meddle in the health-care needs of the people within the various state borders is to create countless national factious groups which have already proven to cause a paralysis in Washington which is destructive to our nation’s common defense and general welfare. We need to adhere to the wisdom of our Founders and prohibit our federal government from meddling in those powers reserved to the States and people therein as summarized in Federalist Number 45:

Federalist Paper No. 45 tells us:

*“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”*

JWK

***The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.***___ Tenth Amendment