Dems Screwing With the Constitution

Michael W. McConnell: The Health Vote and the Constitution—II – WSJ.com.

Mr. McConnell, a former federal judge on the U.S. Court of Appeals for the Tenth Circuit, is a law professor at Stanford University and director of the Stanford Constitutional Law Center:

In just a few days the House of Representatives is expected to act on two different pieces of legislation: the Senate version of the health-care bill (the one that contains the special deals, “Cadillac” insurance plan taxes, and abortion coverage) and an amendatory bill making changes in the Senate bill. The House will likely adopt a “self-executing” rule that “deems” passage of the amendatory bill as enactment of the Senate bill, without an actual vote on the latter.

This enables the House to enact the Senate bill while appearing only to approve changes to it. The underlying Senate bill would then go to the president for signature, and the amendatory bill would go to the Senate for consideration under reconciliation procedures (meaning no filibuster).

This approach appears unconstitutional. Article I, Section 7 clearly states that bills cannot be presented to the president for signature unless they have been approved by both houses of Congress in the same form. If the House approves the Senate bill in the same legislation by which it approves changes to the Senate bill, it will fail that requirement.

One thing is sure: To proceed in this way creates an unnecessary risk that the legislation will be invalidated for violation of Article I, Section 7. Will wavering House members want to use this procedure when there is a nontrivial probability that the courts will render their political sacrifice wasted effort? To hazard that risk, the House leadership must have a powerful motive to avoid a straightforward vote.

Mr. McConnell, a former federal judge on the U.S. Court of Appeals for the Tenth Circuit, is a law professor at Stanford University and director of the Stanford Constitutional Law Center.

Democrats Self-executing – How Lovely!

Democrats aren’t suicidal. They’re self-executing | Washington Examiner.

Death by Algae-nan

Krauthammer – In Praise of the Rotation of Power

RealClearPolitics – In Praise of the Rotation of Power.

Charles Krauthammer praises rotation of power:

“Barack Obama is now commander in chief. The lack of opposition (to our presence in Iraq and the war in Afghanistan) is not a matter of hypocrisy. It is a natural result of the rotation of power. When a party is in opposition, it opposes. That’s its job. But when it comes to power, it must govern. Easy rhetoric is over, the press of reality becomes irresistible. By necessity, it adopts some of the policies it had once denounced. And a new national consensus is born.”

Krauthammer further explains:

“The rotation of power is the finest political instrument ever invented for the consolidation of what were once radical and deeply divisive policies. The classic example is the New Deal. Republicans railed against it for 20 years. Then Dwight Eisenhower came to power, wisely left it intact, and no serious leader since has called for its repeal.

Similarly, Bill Clinton consolidated Reaganism, just as Tony Blair consolidated Thatcherism. In both cases, center-left moderates brought their party to accept the major premises of the highly successful conservative reforms that preceded them.

A similar consolidation has happened with many of the Bush anti-terror policies. In opposition, the Democrats decried warrantless wiretaps, rendition, and detention without trial. But now that they are charged with protecting us from the bad guys, they’ve come to view these as indispensable national security measures.”


Praise Bart Stupak Now!

Democrats Against Abortion » First Thoughts | A First Things Blog.

Joseph Bottum directs us to Marjorie Dannenfelser, president of the Susan B. Anthony List,who” has an op-ed in the Washington Post called “If Republicans Keep Ignoring Abortion, They’ll Lose in the Midterm Elections.”

Dannenfelser writes:

Republicans oppose President Obama’s health-care reform effort for many reasons: It will cost too much, it’s “socialist,” it’s big government at its worst. But they are letting Stupak and his fellow antiabortion Democrats lead on that issue. And the more the GOP ignores abortion and focuses on economic populism—taking up the “tea party” cause—the more the party risks leaving crucial votes behind in November.

Bottum responds:

That’s right—and yet, it isn’t. There are genuine reasons for pro-lifers to resist any move toward a nationalized health-care system. The iniquitous distribution of American healthcare is a scandal, but even the incomplete moves of the current plan create a system that no future bureaucracy or Congress will be able to resist using for purposes of social engineering. And, given the condition of social-elite opinion today, that will always mean increased government-sponsored abortion and euthanasia.

Bottum further says:

All of American politics has been corrupted by this murderous procedure, and, at present, the party platforms are clear enough. But pro-life forces should not want an America in which the great pro-life message is shoved off into one party. We shouldn’t want an America that squanders its religious exceptionalism by having a political party of believers and a political party of non-believers—a European-style division between the Christian Democrats and the Socialists. This is everyone’s issue, we must believe, and when Democrats such as Bart Stupak arrive, they ought to be celebrated.

Krauthammer’s Faith in We, the People

“No matter how far the ideological pendulum swings in the short term, in the end the bedrock common sense of the American people will prevail. ” Charles Krauthammer

Tired of being talked down to? So are the voters. We the People are ready to take on the President. Charles Krauthammer says it well in The Electorate vs. Obama’s Agenda:

A year later, after stunning Democratic setbacks in Virginia, New Jersey and Massachusetts, Obama gave a stay-the-course State of the Union address (a) pledging not to walk away from health care reform, (b) seeking to turn college education increasingly into a federal entitlement, and (c) asking again for cap-and-trade energy legislation. Plus, of course, another stimulus package, this time renamed a “jobs bill.”

This being a democracy, don’t the Democrats see that clinging to this agenda will march them over a cliff? Don’t they understand Massachusetts?


For liberals, the observation that “the peasants are revolting” is a pun. For conservatives, it is cause for uncharacteristic optimism. No matter how far the ideological pendulum swings in the short term, in the end the bedrock common sense of the American people will prevail.

The ankle-dwelling populace pushes back. It re-centers. It renormalizes. Even in Massachusetts.

More Nonsense Called Health Care Reform

Charles Krauthammer opines:

In the 48 hours of June 15-16, President Obama lost the health care debate. First, a letter from the Congressional Budget Office to Sen. Edward Kennedy reported that his health committee’s reform bill would add $1 trillion in debt over the next decade. Then the CBO reported that the other Senate bill, being written by the Finance Committee, would add $1.6 trillion. The central contradiction of Obamacare was fatally exposed: From his first address to Congress, Obama insisted on the dire need for restructuring the health care system because out-of-control costs were bankrupting the Treasury and wrecking the U.S. economy — yet the Democrats’ plans would make the problem worse.

Accordingly, Democrats have trotted out various tax proposals to close the gap. Obama’s idea of limits on charitable and mortgage-interest deductions went nowhere. As did the House’s income tax surcharge on millionaires. And Obama dare not tax employer-provided health insurance because of his campaign pledge of no middle-class tax hikes.

Desperation time. What do you do? Sprinkle fairy dust on every health care plan, and present your deus ex machina: prevention.

…..

Prevention is a wondrous good, but in the aggregate it costs society money. Nothing wrong with that. That’s the whole premise of medicine: Treating a heart attack or setting a broken leg also costs society. But we do it because it alleviates human suffering. Preventing a heart attack with statins or breast cancer with mammograms is costly. But we do it because it reduces human suffering.

However, prevention is not, as so widely advertised, healing on the cheap. It is not the magic bullet for health care costs.

You will hear some variation of that claim a hundred times in the coming health care debate. Whenever you do, remember: It’s nonsense — empirically demonstrable and CBO-certified.