19 March 2010


As I am preparing to leave on a twice-postponed trip to Cozumel I won’t be here for the vote on the Democratic Health care bill(s). I cannot recall a time when the constitution has been so blatantly ignored, in order to achieve, what the proponents of this travesty perceive to be the “greater good.” This is a terrible precedent in trashing the Rule of Law, which I’ve written on previously. The Democratic leadership of the House cannot even muster up enough votes to pass the Senate version of the Health Care bill. Instead they are resorting to an unprecedented maneuver, in which they vote on changes to that bill but "deem" it passed without ever voting on it and then the Senate votes on the changes.

It was a stretch to use the reconciliation process in the Senate in order to pass with only 51 votes for a major piece of legislation. But this is sheer lawlessness. The constitution clearly states "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." But with these maneuvers no single bill with all features will ever have been voted on in the House.

This is an unprecedented travesty, the consequences of which cannot be foretold. Once the spirit of the law is violated can it be put back together again? We now have the prospect of a major piece of social legislation becoming "law" despite the massive opposition of the people and the unrepresentative methods that have been used to achieve it. These are desperate people who put an ideological commitment ahead of the rule of law and democracy itself. Opposition must not cease, but instead be further intensified. The perpetrators must be voted out, the legislation repealed (although that will face a presidential veto), and further no funds be appropriated for it. It will also be subject to court challenges on numerous grounds and could also be overturned by the Supreme Court anyway. One way or another it must ultimately be undone. Truly this will not stand.

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