Tag: Harry Reid

Congressional Game of Chicken: Fixing Filibuster Sign the Petition, Part VI

Cross posted from The Stars Hollow Gazette

Time is getting short to reform the filibuster rule of the Senate. The debate and vote to reform will take place January 22, the day after Pres. Obama’s inauguration for his second term and before hearing on the president’s nominees for important cabinet vacancies.

Reform the Filbuster

Sign the Petition

Filibuster Reform Advocates Launch Petition To Include Talking Filibuster

by Sabrina Siddiqui, Huffington Post

WASHINGTON — With just a week left to influence the looming debate over filibuster reform, Sens. Jeff Merkley (D-Ore.), Tom Udall (D-N.M.) and Elizabeth Warren (D-Mass.), along with the progressive Daily Kos community, launched a petition on Monday to drum up support for a proposal that would eliminate the silent filibuster.

The hope is to maintain pressure for reform that would include the talking filibuster. Merkley, Udall and Sen. Tom Harkin (D-Iowa) have been pushing one such approach, which would still allow the minority to filibuster legislation but would require members to do so by actually standing and speaking on the floor. The Merkley-Udall-Harkin plan also seeks to streamline conference committee assignments and nominations, and eliminate the motion to proceed — a motion typically offered by the majority leader to bring up a bill or other measure for consideration.

Their proposal is competing with a scaled-back bipartisan plan introduced by Sens. Carl Levin (D-Mich.) and John McCain (R-Ariz.) and backed by six other senators. In a statement accompanying the petition, Merkley argues that “other proposals out there don’t go far enough, and won’t change the culture of obstruction that paralyzes the Senate.”

“Without a talking filibuster, obstructionist Senators will still be able to silently stall any piece of legislation they want without any accountability,” he writes.>

Merkley: Time is now to reform Senate filibuster rules

Filibuster reform will be first thing on the docket when the U.S. Senate convenes on Jan. 22.

Under the U.S. Constitution, a majority of each house have the power to change its rules on the first day of the legislative session by a simple majority vote. The Senate convened the first session of the 113th Congress on Jan. 3 – and the three Democratic senators introduced SR 4. Here’s what it would do:

  Clear the path to debate – Those objecting to legislation would only have one opportunity to filibuster legislation. Specifically, the ability to bring up a bill for simple debate (the motion to proceed) would not be subjected to a filibuster.

   Restore the “talking filibuster” – Those wishing to filibuster legislation must actually hold the floor and be required to actually debate the legislation. It would end “silent” filibusters where one senator quietly objects and is not required to take the Senate floor.

   Put filibuster supporters on record – 41 senators would have to affirmatively vote to continue debate, rather than forcing 60 senators to vote to end debate.

   Expedite nominations – The process for approving nominations would be streamlined, shortening the amount of time required for debate once a nomination is brought to the Senate floor.

Historically, the filibuster was intended to protect the minority party’s interests on extraordinary issues, and it was rarely invoked. But in today’s contentious political climate the filibuster has been used in record numbers (nearly 400 times in the 112th Congress) to block votes and debate, and the requirement for 60 votes to end a filibuster has proved virtually insurmountable. For example, much of the legislation organized labor has fought for to restore collective bargaining rights and to create jobs  – from the Employee Free Choice Act, to the Bring Jobs Home Act, the American Jobs Act, and many more – never received a Senate floor vote because of the filibuster threat, even though the legislation had majority support from senators.

For these reasons, SR 4 is endorsed by the AFL-CIO and some 50 progressive groups – in a coalition called Fix the Senate Now.

As our friend, Gaius Publius at AMERICAblog says:

This is my reminder – you can help hold that group together. We need strong filibuster reform, not a weaker version. Call your senator if you believe in this (click to find the phone number).

In addition, call these senators – they are the Democrats flirting with “well, I don’t really know” when the last public list of supporters was announced:

  • Baucus Max MT D (202) 224-2651
  • Boxer Barbara CA D (202) 224-3553
  • Feinstein Dianne CA D (202) 224-3841
  • Heitkamp Heidi ND D (202) 224-2043
  • Hirono Mazie HI D (202) 224-6361
  • Leahy Patrick VT D (202) 224-4242
  • Reed Jack RI D (202) 224-4642

As of last report, these are the Democratic waverers (and shame on them). Please make the calls, now and daily (if you can) until January 22.

Reform the Filbuster

Sign the Petition

Republicans Hate the Disabled

Cross posted from The Stars Hollow Gazette

Citing everything from home schooling to abortion, 38 Republican senators block the ratification of the United Nations Convention on the Rights of Persons With Disabilities. The negotiations for the convention were completed by the administration of Pres. George W. Bush in 2006 and it was signed by Pres. Barack Obama in 2009. But somehow, according to these right wing conspiracy theorists, the disabilities convention, which is entirely based on the Americans with Disabilities Act of 1990, would even threaten the “sovereignty of the United States.”

The treaty, already signed by 155 nations and ratified by 126 countries, including Britain, France, Germany, China and Russia, states that nations should strive to assure that the disabled enjoy the same rights and fundamental freedoms as their fellow citizens. Republicans objected to taking up a treaty during the lame-duck session of the Congress and warned that the treaty could pose a threat to U.S. national sovereignty.

“I do not support the cumbersome regulations and potentially overzealous international organizations with anti-American biases that infringe upon American society,” said Sen. Jim Inhofe, R-Okla.

Say what!? Protecting the rights of disabled Americans abroad is now “anti-American?” The irrational hatred of the United Nations by the radical Republicans has twisted their minds. Sen. Inhofe has allies in Tea Party favorites freshman Sen. Mike Lee (R-UT) and former Sen. Rick Santorum (R-PA), along with anti-feminist conservative activist Phyllis Schlafly:

At an event with former Sen. Rick Santorum (R-PA) late last month, Sen. Mike Lee (R-UT) announced that 36 Republicans had signed a letter pledging to vote against the treaty.

Lee told Senators on Tuesday that the treaty “threatens the right of parents to raise their children with the constant looming threat of state interference.” [..]

Writing for World Net Daily on Monday, Santorum said the treaty had “darker and more troubling implications” and suggested that it would have meant the forced abortion his daughter because she has a rare genetic disorder. [..]

Conservative activist Phyllis Schlafly also warned in November that proponents were “using this treaty as an opportunity to promote their abortion agenda.”

Even with the support of former Republican presidential candidates and disable veterans, Sen. John McCain (R-AZ) and former Senate Majority Leader Bob Dole (R-KS), present and looking frail and in a wheelchair, the convention failed to garner the necessary two third vote.

The Daily Show host Jon Stewart put it quite succinctly, “It’s official. Republicans hate the United Nations more than they like helping people in wheelchairs.” I just wish I could tell him that this is rock bottom for the Republicans:

Congressional Game of Chicken: Fixing Filibuster, Part III

Cross posted from The Stars Hollow Gazette

Ready or not, here it comes, filibuster reform. Or so says Senate Majority Leader Harry Reid:

WASHINGTON — Keeping with his post-election pledge to reform the filibuster, Senate Majority Leader Harry Reid (D-Nev.) on Tuesday proffered that changes to the rules of the upper chamber will be made, leaving it up to Republicans if they would like to participate. [..]

“There are discussions going on now [over filibuster reform], but I want to tell everybody here. I’m happy I’ve had a number of Republicans come to me, a few Democrats,” Reid told reporters Tuesday at his weekly press availability. “We’re going to change the rules. We cannot continue in this way. I hope we can get something that the Republicans will work with us on.”

“But it won’t be a handshake,” he added. “We tried that last time. It didn’t work.” [..]

Senate Minority Leader Mitch McConnell, who has repeatedly slammed Democratic efforts to reform the filibuster, was unmoved by Reid’s statement.

“Well, there is growing Democratic unease with breaking the rules to change the rules,” McConnell said later Tuesday at his weekly press conference. “I think it will be very difficult for that to come about. I think it will be bad for the Senate.”

McConnell added that in accordance with Senate rules, such an effort would require a 67-vote majority, and that Reid’s approach to make the changes with a simple 51-vote majority — a procedure that has been labeled a “nuclear option” by its opponents — would be “bad for the institution, bad for the country.”

It’s only breaking the rules if the other side does it. Otherwise it is perfectly within the rules on the first day of the new congress.

Sal Gentile, a staff member for MSNBC’s Up with Chris Hayes, writes:

If President Obama wants to get anything done in his second term, Democrats in the Senate will have to overcome one major obstacle: the filibuster.

In the last four years, Republicans have used the filibuster to prevent landmark pieces of legislation-such as the DREAM Act, the Paycheck Fairness Act and additional measures to stimulate the economy-from even reaching the floor for debate, let alone a vote. Republicans have shattered previous records for filibuster use, and the share of bills introduced in the Senate that have been passed has reached an all-time low. [..]

The filibuster has mutated over the years from a quirk of the Senate rules and an obscure procedural instrument-known mostly for so-called “lone wolf” filibusters like the one from the iconic film Mr. Smith Goes to Washington – to a routine impediment to legislative progress, a bludgeon used by the Republican minority to quash virtually any attempt by Democrats to govern. [..]

The proposed changes, which have the strong backing of Senate Majority Leader Harry Reid and nearly 51 Democratic senators, are also broadly endorsed by a wide range of Constitutional scholars and the public at large. A new Huffington Post/YouGov poll released Friday found that 65% of Americans favor tweaking the rules to require senators to debate a bill on the floor if they wish to block it from proceeding.

Even the man responsible for enforcing and administering the rules of the Senate endorsed some of the changes. In an interview on Up w/ Chris Hayes Saturday, Alan Frumin, who served as the parliamentarian of the Senate for nearly two decades until he retired last year, said he supported changes that would forbid senators from filibustering bills before they reach the floor for debate. Frumin also said he favored changes that would bar senators from blocking bills once those bills have passed the Senate and are ready to move to a conference committee with the House. [..]

The filibuster is nowhere mentioned in the Constitution, and many of the Founders argued forcefully against proposals that would have required more than 51 votes to pass legislation in the Senate. In 1788, for example, James Madison, known as the ‘Father of the Constitution,” wrote in Federalist No. 58 that requiring a supermajority in the Senate would “reverse” the “fundamental principle of free government.” Such a policy would empower special interests and make government “oligarchic,” Madison said.

“An interested minority might take advantage of it to screen themselves from equitable sacrifices,” Madison wrote, rather prophetically. “Or, in particular emergencies, to extort unreasonable indulgences.

Sen. Jeff Merkley, D-Ore., a leading advocate of filibuster reform, joined Up host, Chris Hayes for a discussion on the prospects of filibuster reform in the Senate. Adding the views are panel guests Alan Frumin, former Senate Parliamentarian and author of  “Riddicks Senate Procedure;” Akhil Amar, Yale Law School professor and author of “America’s Unwritten Constitution: The Precedents and Principles We Live By;” Victoria DeFrancesco Soto, MSNBC contributor, senior analyst at Latino Decisions and fellow at the LBJ School of Public Affairs at the University of Texas-Austin; and Richard Arenberg, co-author of “Defending the Filibuster: The Soul of the Senate.”

Busting the Filibuster

Congressional Game of Chicken: Fixing Filibuster, Part II

Cross posted from The Stars Hollow Gazette

Jon Walker at FDL Action was pretty miffed at this editorial in the Los Angeles Times regarding filibuster reform, especially this really stupid paragraph:

One response would be to eliminate the filibuster altogether. As a Senate rule, it can be changed by the majority party, and Democrats could eliminate it (though, of course, Republicans would almost certainly filibuster such a move). That, however, would also do away with the filibuster’s legitimate and historic place. Rather than eliminating the rule, the better approach would be to amend it in such a way as to preserve the ability for minorities to fight against one-party steamrolling while scaling back the filibuster’s capacity for obstructing everything.

Yikes! This is not only stupid, as Jon said, but it is wrong about how the Senate rules can be changed. Rules changes can’t be filibustered. While making such a rule change in the Senate would normally require a 67-vote majority, but when the Senate comes back into session in January, Democrats could use a set of procedural rules often called the “nuclear option” and pass the changes with a simple 51-vote majority. That scares the pants off the Republicans and had Senate Minority Leader Mitch McConnell blustering and making:

The Kentucky Republican said changing the filibuster – which was designed to protect the minority but has become a tool for constant gridlock in the modern Senate – would fundamentally alter how the Senate operates.

McConnell accused Democrats of trying to employ a “naked power grab.”

“In the name of efficiency, their plan is to use a heavy-handed tactic that would poison party relations even more,” McConnell said in a lengthy floor speech Monday. “In the name of efficiency, they would prevent the very possibility of compromise and threaten to make the disputes of the past few years look like mere pillow fights.”

Sen. McConnell was exaggerating since no one, not even Majority Leader Harry Reid, who said he “favors” filibuster, has suggested eliminating it entirely. But who would expect anything less than hyperbole from a man whose party has set a record for filibusters with over 360 since the Democrats came into the majority. But not to be outdone by their fearless leader other Republican senators voiced their objections in strongly worded terms:

Republicans are threatening even greater retaliation if Reid uses a move rarely used by Senate majorities: changing the chamber’s precedent by 51 votes, rather than the usual 67 votes it takes to overhaul the rules.

“I think the backlash will be severe,” Sen. Tom Coburn (R-Okla.), the conservative firebrand, said sternly. “If you take away minority rights, which is what you’re doing because you’re an ineffective leader, you’ll destroy the place. And if you destroy the place, we’ll do what we have to do to fight back.”

“It will shut down the Senate,” the incoming Senate GOP whip, Texas Sen. John Cornyn, told POLITICO. “It’s such an abuse of power.”

I’m not exactly sure how they would accomplish a “shut down” if the tool they’ve been using to shut down the senate is taken away from them or changed so that they can no longer obstruct the business that the majority was elected to do. After all for six years the Republicans, with Dick Cheney George W. Bush in the Oval Office, used the threat of the “nuclear option” to end any Democratic attempt at filibuster. Now the shoe is on the other foot and suddenly ending filibuster will destroy democracy.

We’ve been down this road before:

With the obstruction of a very united minority, there has been a great deal of debate about the filibuster and the reform of Senate Rule 22. In a New York Times op-ed, Former Vice President Walter F. Mondale, recalls how in 1975 when he was a Senator, the Senate voted to reduce the number of votes required to end filibuster from 67 votes, a super majority, to the current 60 votes. Clearly, he states this was not enough. Filibuster threats and cloture votes blocked legislation nearly 100 times in the 111th Congress.

Mr. Mondale argues that essentially, these rules abrogate the Constitution which only requires a 67 vote majority for the approval of treaties, “in all other instances it must be assumed that the Constitution requires only a majority vote”. In other words, many of the Senate rules are unconstitutional and could be done away with on a simple majority procedural vote under Parliamentary rules. That was the “[nuclear option ” that was used as a threat by the Republicans to force the Democrats to capitulate when they were in the minority.

One more time from me:

I have said this a number of times, the filibuster as it is currently being used to obstruct the Senate is unconstitutional. The Constitution is the supreme law of the land and cannot be abrogated by the Senate merely making a rule. The Vice President presides over the Senate and has a duty to make rulings on order and procedure when the Senate is in session. The Constitution provides for “one-person-one-vote” and “majority rules”, there is no mention of “filibuster”.

It is amazingly simple:

  1. During debate, a Republican Senator engages in a standard obstruction tactic, such as a hold, actual filibuster, or proposing numerous, non-germane Amendments.

  2. The Vice President, as Presiding Officer, rules that Senator’s hold, filibuster or spurious amendments out of order.

  3. The Senator who holds the floor, and had attempted the hold (filibuster, or amendments), could then appeal the decision of the Presiding Officer to the Senate as a whole.

  4. A simple majority (51) can then vote to uphold the ruling of the Presiding Officer that the hold (filibuster or amendments) were out of order.

 

This mechanism is not without precedent:

In 1975 the filibuster issue was revived by post-Watergate Democrats frustrated in their efforts to enact popular reform legislation like campaign finance laws. Senator James Allen of Alabama, the most conservative Democrat in the Senate and a skillful parliamentary player, blocked them with a series of filibusters. Liberals were fed up with his delaying tactics. Senator Walter Mondale pushed a campaign to reduce the threshold from sixty-seven votes to a simple majority of fifty-one. In a parliamentary sleight of hand, the liberals broke Allen’s filibuster by a majority vote, thus evading the sixty-seven-vote rule. (Senate rules say you can’t change the rules without a cloture vote, but the Constitution says the Senate sets its own rules. As a practical matter, that means the majority can prevail whenever it decides to force the issue.) In 1975 the presiding officer during the debate, Vice President Rockefeller, first ruled with the liberals on a motion to declare Senator Allen out of order. When Allen appealed the “ruling of the chair” to the full Senate, the majority voted him down. Nervous Senate leaders, aware they were losing the precedent, offered a compromise. Henceforth, the cloture rule would require only sixty votes to stop a filibuster.

And what Jon said:

There is no legitimate reason for allowing the minority, the party which lost the recent election, to have a veto in the Senate. The founders never intended a Senate minority to have such awesome power over basic legislation. The Constitutions clear stated the few  very important issues that should require a super majority in the chamber, everything else was intended to be a simple majority vote.

The idea that without a filibuster a majority in the Senate is going to steamroll are system is laughable. A senate majority is already checked and balanced by the House, the President and the judiciary. If a party does manage to dominates multiple elections allowing them to full control, they should be able to enact the agenda they run on. That is how democracy are suppose to work.

The US Senate has always been the slow deliberative body, it was not the intent of the Founders that it become bogged down to a halt by the minority misusing a rule that is probably not even constitutional in the first place. Sen. Reid was far too trusting of the duplicitous Republican leadership at the start of the 112th congress when he accepted their “gentlemen’s agreement”, shutting down the reform proposed by Sens. Tom Udall (D-NM) and Jeff Merkley (D-OR). The Republicans are not to be trusted.

I’m with Jon. It’s time the Senate ended the obstruction and put an end to Rule 22 altogether. Neither the Senate or the world will end and our elected officials will get back to governing.

Did Reid Just Use The “Nuclear Option”?

Cross posted from The Stars Hollow Gazette

It sounded like Senate Majority Leader did just that last week in getting a vote that overrule the Senate parliamentarian’s decision. And while it didn’t end filibuster, it did leave the door open for its eventual demise. This is what took place this evening as initially reported by The Hill:

Reid and 50 members of his caucus voted to change Senate rules unilaterally to prevent Republicans from forcing votes on uncomfortable amendments after the chamber has voted to move to final passage of a bill.

Reid’s coup passed by a vote of 51-48, leaving Senate Republican Leader Mitch McConnell (R-Ky.) fuming.

The surprise move stunned Republicans, who did not expect Reid to bring heavy artillery to what had been a humdrum knife fight over amendments to China currency legislation.

As Ryan Grim and Michael McAuliff at Huffington Post point out, Harry Reid Busts Up Senate Precedent

McConnell moved to suspend the rules and shift debate over to the American Jobs Act. Reid argued that doing so amounted to another filibuster, because it required 60 votes to move back to the original bill, and so therefore was out of order. Sen. Mark Begich (D-Alaska), who happened to be the presiding officer at the time, asked the Senate parliamentarian what he thought. The parliamentarian advised Begich that McConnell’s motion was in order.

Reid then appealed the ruling, following a script that advocates of ending the filibuster wrote long ago. What some senators call the “constitutional option,” and what others call the “nuclear option,” involves as a first step appealing a ruling that a filibuster is in order. The second step is to defeat a motion to table that appeal, which is exactly what happened next, with all but one Democrat sticking with Reid.

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With the chair overruled, McConnell’s motion was declared out of order, setting a narrow precedent that motions to suspend the rules are out of order during a post-cloture period.

But it also set a more important precedent. The advice of the parliamentarian is considered sacrosanct in the Senate. Reid’s decision to overrule him opens a gate to similar efforts that could also be done by majority vote.

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Reid’s move Thursday, in that context, is less abusive of Senate precedent than it first appears. The current rules create a situation in which two 60-vote thresholds must be met before a bill can pass, the first to end debate and the second to move to final passage. McConnell’s move to suspend the rules could have created additional 60-vote hurdles, clearly in violation of the spirit of the post-cloture period, which is intended to be a short stretch until moving to final passage.

David Waldman st Daily Kos came to this conclusion:

(T)he discussion on the floor has in fact wandered into rules reform territory, which is not altogether unfitting. If this really were the nuclear option, that would of course mean that the infamous “Gentleman’s agreement” was now inoperative, since part of that deal was that neither party would use the “constitutional option” (which would under most definitions encompass the slightly different “nuclear option” as well) in this Congress or the next. Do Republicans really want that door open? We can do that, I guess. But we might as well go all the way, then.

We’ll just have to see how much more frustrated Reid gets with the Republicans blocking everything. This may have some two years too late.

Up Date: The jobs bill failed to get enough votes to pass cloture. Looks like Harry still hasn’t found his last nerve with Republican obstruction.  

Congressional Game of Chicken: Countdown to Default (Up Date x 3)

Cross posted from The Stars Hollow Gazette

The Boehner bill on raising the debt ceiling barely passed the House on a strict partisan line with a vote of 218 to 210. Not one Democrat voted for the bill, 22 Republicans voted against it and 5 Democrats were not present to vote. The bill was essential dead on arrival in the Senate where it was quickly table in a bipartisan vote of 59 to 41.

This is what’s next but it won’t happen until very late Saturday night/early Sunday morning. Why because Sen. Mitch McConnell says so. McConnell is refusing to even negotiate with Reid

Senate Majority leader Harry Reid’s proposed bill is no prize either but at least it moves the debt ceiling limit to past the 2012 election into 2013 and a new congressional session. (I think Reid is betting on taking back the House.) Reid also said that he is open to tweaking but it’s up to Republicans

At a late Friday press conference, Reid suggested that the door is still open to further tweak his proposal, including by adding failsafes to assure future entitlement and tax reforms — but it’s up to Republicans to offer up their votes.

“We have a closet full of triggers, people have suggested dozens of them but even though earlier this week, I was sitting talking to Jack Lew about triggers for an hour and a half and we can’t get Republicans to move on any trigger. We’re not going to have cuts on more programs without some revenue – that is a line we’ve drawn in the sand,” Reid said. “It’s up to the Republicans, right now we have a proposal…we are waiting for them to do something, anything, move toward us.”

How The Revised Reid Amendment Compares To The Revised Boehner Bill

h/t David Dayen @ FDL and Brian Buetler @ TPM

Up Date, 12:22 PM EDT: House Speaker John Boehner has said that the Reid bill is “dead in the water” and is refusing to meet or compromise with the Democrats. The Senate will vote for cloture on the bill at 1 AM Sunday morning. Boehner plans to hold a symbolic vote on the bill this afternoon to reject the plan preemptively.

Reid’s plan which cuts more without new revenue and creates the “super commission” only differs in the length of time for considering raising the debt ceiling again. The bi[artisan Senate plan extends the debt ceiling through 2012 while the tea party plan wants it rehashed in 5 months with guarantees that a “cut, cap and destroy” constitutional amendment is passed. Boehner is probably the worst house speaker since Newt Gingrich and even he knew how to get his ducks in a row and conpromise.

Up Date: 15:35 EDT The House has voted to reject the Reid bill before it even gets to a vote in the Senate. All of the Republicans votes nay along with a few Democrats. The voter was 173 – 246.

House Minority Leader Nancy Pelosi and Sen. Reid are on their way to the White House to meet with the President to presumably to discuss options and the next move.

This is what you get for negotiating with terrorists.

The Reid bill will still come to a vote late tonight at 1 AM EDT

Up Date 1430 EDT: The Reid bill failed to reach cloture this afternoon it is now back to the drawing board

Congressional Game of Chicken: “Super Congress”

Cross posted from The Stars Hollow Gazette

The bills that have been proposed by Republican and Democratic leadership to raise the debt ceiling putting an an to this wholly manufactured crisis, differ little and both will be devastating to most Americans. One of the commonalities is the creation of a bipartisan commission of 12 that on first glance seems innocuous but on looking closer, it is quite toxic and may even be unconstitutional. This “super committee” will be equally comprised of Democrats and Republicans members of congress. Who and how they will be selected is unclear but considering the current corporate owned, deficit hawk nature of both sides, I suspect it will be their worst conservative “cut spending/no revenue ghouls”.

At first glance, this sounds like the President’s Deficit Commission that couldn’t produce recommendations even 14 of the 18 members could agree. The co-chairs, former Sen. Alan Simpson (R-WY) and former Clinton Chief of Staff and South Carolina businessman, Erskine Bowles wrote there own recommendations and ran it up the flagpole. Needless to say President Obama saluted and embraced the draconian principles that it enshrined, such as decimating Medicare and Medicaid and drastic cuts to Social Security. The “Catfood Commission”, however, had no “teeth”, everything that was suggested would have to be passed as a bill. This new commission is another game and will have the force of law behind it.

Ryan Grimm at Huffington Post has the best description of how this “new congress” will function and just how powerful it will be:

Legislation approved by the Super Congress — which some on Capitol Hill are calling the “super committee” — would then be fast-tracked through both chambers, where it couldn’t be amended by simple, regular lawmakers, who’d have the ability only to cast an up or down vote. With the weight of both leaderships behind it, a product originated by the Super Congress would have a strong chance of moving through the little Congress and quickly becoming law. A Super Congress would be less accountable than the system that exists today, and would find it easier to strip the public of popular benefits. Negotiators are currently considering cutting the mortgage deduction and tax credits for retirement savings, for instance, extremely popular policies that would be difficult to slice up using the traditional legislative process.

House Speaker John Boehner (R-Ohio) has made a Super Congress a central part of his last-minute proposal, multiple news reports and people familiar with his plan say. A picture of Boehner’s proposal began to come into focus Saturday evening: The debt ceiling would be raised for a short-term period and coupled with an equal dollar figure of cuts, somewhere in the vicinity of a trillion dollars over ten years. A second increase in the debt ceiling would be tied to the creation of a Super Congress that would be required to find a minimum amount of spending cuts. Because the elevated panel would need at least one Democratic vote, its plan would presumably include at least some revenue, though if it’s anything like the deals on the table today, it would likely be heavily slanted toward spending cuts.

The tea party Republicans in the House have informed Speaker John Boehner that the commission is totally unacceptable to them. There main objection is they feel it could lead to tax increases. Other critics from the right like Eric Erickson of Red State are opposed mostly because it just ads another costly layer to the bureaucracy that won’t work. From the left, Rep Barney Frank (D-MA) and MoveOn.org expressed concerns that it would cut the big three social safety nets and the idea that it would supersede congress’s parliamentary power.

The ratings agencies have said that the Boehner bill will result in a ratings downgrade since it only raised the debt ceiling by $1 trillion which will require another cap raise in 5 months, creating uncertainty in the bond market. The White House has embraced the Reid version which would move the need raising the ceiling again past 2012 which is more acceptable to the ratings agencies who think the ceiling should just be removed entirely.

This is going to the wire with both sides deadlocked and hamstrung by a small loud and incredibly stupid minority and ineffective leaderchip on both sides.

The Patriot Act Renewed Without Change

Cross posted from The Stars Hollow Gazette

The (un)Patriot Act was passed, unamended, without debate, and signed by President Obama, who was still in Europe, with a robotic pen before it could expire. Sen. Ron Wyden (D-OR), who along with several other liberal senators, had proposed an amendment that put an end to the government secret interpretation of the law, cut a deal with Senate Majority Leader Harry Read (?-NV) and Sen. Diane Feinstein (?-CA) to withdraw the amendment. Reid promised to hold hearings on secret law, and, if his concerns were not met, propose his amendment at a later date.

I long ago gave up any hope of change from the current regime. It’s obvious that they have shed their skins and revealed themselves to be no better than the Bush/Cheny criminal regime that they are covering.

George Washington University law professor, Jeffrey Rosen, joins Cenk Uygur to discuss the (un)Patriot Act, its unconstitutionality, the duplicity of Harry Reid and how American’s really do not understand what is in this bill.

Say good-by to the First, Fourth and Fifth Amendment, as well as, Article III courts.

Senate Somehow Manages NOT to Screw Up DADT Repeal

Saturday, December 18, 2010, The Lame Duck Session:

The Senate took 2 votes today on repealing Don’t Ask, Don’t Tell, the archaic discriminatory policy against gays from serving openly in the military, leftover from the Clinton administration, which Judge Virginia Phillips found unconstitutional this past September.  

https://www.docudharma.com/diar…

Both times the Senate voted to repeal DADT.  

First we had the House pass getting rid of DADT as a stand – alone bill last Wednesday the 15th, 250 to 175, on a bill offered by Rep. Patrick Murphy, (D PA who was sadly not re elected) after it was not going anywhere in the Senate as part of a larger bill.

http://content.usatoday.com/co…

The vote to repeal picked up 15 Republicans and lost 15 Democrats, here’s the roll call #638 on Govtrack:

http://www.govtrack.us/congres…

The first “test vote”  in the Senate today was 66 – 33 to get rid of it.

The second vote passed getting rid of DADT by 65 to 31.

That 2nd vote got Republicans Susan Collins and Olympia Snowe of (Maine), Lisa Murkowski (Alaska), Scott Brown (Mass.)  and George Voinovich of Ohio.

3 Republicans who probably did not like the bill had enough sense to just abstain from voting, as did Vichy Dem Manchin of West Virginia, who helped scuttle it earlier.  Both CA Senators voted for it, the usual Republican Chickenhawk Caucus of NorCal (Lungren, Herger, McClintock) voted against it, of course.

Note that the bill has a weird title, most of them at this point do and are relying on the “and for other purposes” to be able to make it through the House and Senate during the lame duck session.  Roll call here: http://www.senate.gov/legislat…

John McCain of Arizona, the maverickity 2008 GOP Presidential nominee, of course voted against it, proving once again his greatest attribute is acting too old to remember what his stance was on an issue last year.   Some of the Republican Senators are now indicating they would like to scuttle ratifying the START Treaty with Russia on Nuclear safeguarding and disarmament,  because the Senate actually passed something.  It is unknown if they have a secret communications line to the Kremlin or N. Korea,  and are capable of calling in a strike on the remaining Democrats.

The DADT repeal still has to go to the President’s desk for his signature, so we’ll get to see if he adds some sort of signing statement to it, delaying its implementation until several more excuses can be thought up to protect the tender sensibilities of the Marine Corps and the challenges they will face in coming into this century.   Sen. Lindsey Graham (R, SC ), the perpetual and petulant AR reserves JAG who typically spends months crafting bipartisanshipthingee bills in the Senate and then withdraws his support at crunch time, with great glee, accused supporters of caring more about politics than governing the country.

Per Sen. Wyden, nearly 10,000 of the 14,000 soldiers forced out of the military since 1993 were language specialists, and he was alarmed by how many Arabic and Farsi linguists were discharged during this current mid east conflict. Unspoken was the impact this is having on the proceedings at Guantanamo.


http://www.politicsdaily.com/2…

But a change in the law will not automatically change the policy. Rather, the bill stipulates that the policy will only be discarded after the president, the Secretary of Defense, and the chairman of the Joint Chiefs of Staff certify that changing it will not hurt the armed services’ readiness, morale or cohesion. After a 60-day review by Congress, the Pentagon is to develop procedures for ending it altogether, a process that could take months or years to complete.

Help the 9/11 First Responders and Heroes

Cross-posted several places including Progressive Blue and  DailyKos.

It was looking grim for H.R. 847: James Zadroga 9/11 Health and Compensation Act of 2010 that had already passed in the House. Now there is some hope for a bill named after James Zadroga, an NYPD detective who died at age 34, the first police officer to die of a respiratory disease attributed to participation in rescue and recovery operations at the World Trade Center.

The legislation that provides $3.2 billion for long-term health care for rescue and construction workers at Ground Zero, plus another $4.2 billion in compensation for others who were exposed to the toxic dust that resulted from the collapse of the World Trade Center towers in 2001 will probably have no chance in the new Congress.

So there is a big push with Ground Zero Workers lobbying in D.C. Sen, Harry Reid working to get the bill out of a committee and bring it directly to the floor. New York Senators are drumming up support. Mayor Bloomberg met with three Republican Senators today. Even Republican House members from the area are working to pass this bill.

Monday: Welcome Back From Your Trip, Mr. President of the Republican Party

President Obama is back from his Pan Pacific – Asian debt sales trip, and the Lame Duck session of Congress is now officially underway.

Dan Choi,Lt Dan Choi,Get Equal,White House Protest,DADT

Lt. Dan Choi and 12 other Get Equal civil rights activists handcuff themselves to the White House fence on Monday, Nov 15, 2010, to protest the military’s discriminatory policy of “Don’t Ask, Don’t Tell.” (photo of murky screenshot from video was highlighted. )

Suppose Your Actions Swung the Election

Imagine if your actions made the difference in electing a Senator, Governor, or Congressional representative? Suppose the phone calls you made, money you donated, doors you knocked on, and conversations you initiated helped swing a critically close race, or two or three. Suppose the friends you dragged to the polls helped America reject the anonymous corporate dollars that threaten to drown our democracy?

You’d feel pretty good, I believe, at least about your own efforts. So why aren’t more of us doing everything we can from now through the election to ensure the best possible outcome?  In 2008, millions of people reached deep and then deeper to stake our time, money, and hearts on the possibility of change. We knew it was a critical election, and helped carry Obama and the Democrats to victory.  Now, too many of us feel burned and disillusioned, with dashed hopes. We’ve lost the habit of being engaged. The election seems someone else’s problem. We doubt what we do will matter–for this round or in general.

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