« BACK  |  PRINT

RS

MEMBER DIARY

Congressional Republicans Are Not Powerless To Stop The Assaults On Our Freedom!

Let me start by saying, “I’m not a parliamentarian”. I’ve been reading House Rules for bringing Bills and Amendments to the Committee Of The Whole, (The House Floor) for Consideration.

Interesting thing is this…These huge multi-thousand page bills that aren’t being written before consideration are required to be read before they can be voted on. It is custom in the House that a member stand up and asks that the reading of the bill be dispensed with by unanimous consent. Barring unanimous approval, the bills must be read.

In addition, any and all amendments from a member to the legislation are to be placed with the committee table on his or her side of the isle where he/she stands until they are recognized at which time the Congressman states he/she has an amendment to be considered.

As with the Bill being debated, all Amendments are supposed to be read as well. The custom is for the Congressman offering the amendment to request that the amendment be dispensed with by unanimous consent.

It is my understanding, (I have a question about a particular section of the rule that I will address shortly), that when the motion to dispense with the bill or amendment by “unanimous consent” is requested, one Congressman raising an objection is all that is required to force a reading of the bill.

The item I have question about is this:

A Member requesting a recorded vote must get at least 25 Members to stand in support of the request, and will usually simultaneously make a point of order that a quorum is not present as a safeguard for rounding-up sufficient support. However, the Member will usually ask unanimous consent to withdraw the no-quorum point of order when it is clear that a sufficient number of members are present and standing to demand the recorded vote

My understanding is that the chair will either be required to have the clerk read the bill, (again which doesn’t exist, or is still warm from the printing process), or a member can request a vote be taken in order to dispense with the reading of the bill. The member wishing the bill to be read can then object to the absence of a quorum. Nothing can proceed from that point until 25 members are present and standing to call the roll.

There are hundreds of activities that are dispensed with by unanimous consent including member speeches being included in the Congressional Record as read, or to revise and extend remarks etc.

I haven’t dug into the Senate Rules but I’m certain the opportunities to object to unanimous Consent rules are readily available as well. In addition, I’m pretty sure these rules are much the same in every committee of the House and Senate

So what’s my point in bringing up this boring and wonkish drivel?

Given the bad faith of Ried and Pelosi in cramming so much legislation down the nation’s throat with no opportunity to read let alone debate bills that haven’t been written or reach the floor minutes before the vote, Republicans should be objecting to every single unanimous consent request that comes before every committee and the Committee of the Whole!

Were I the Minority Leader, I’d be assigning members to sit on the floor every minute the House is in session who would stand to raise an objection to every unanimous consent request that comes down the pipes. Those members should read a statement concerning the legislation to be voted on objecting to the fact that the legislation or Amendments haven’t been available for the members to read.

In addition, this strategy would be followed to the maximum extent possible in the committees of the House and Senate and every effort would be made to force the Democrats to vote on every single unanimous consent request no matter how trivial.

The beauty of this is, (unless I misunderstand the process), only one member can tie the Democrats up for minutes, hours, or even days and would tie in knots the Democrat Juggernaut being crammed down our throats.

In addition, each Amendment to a bill can have amendments to the amendment being debated up to four Amendments before a vote is taken.

So, What am I saying?

Despite the protestations to the contrary, Republicans are not powerless to stop some of the Obama agenda in Washington. This work can be done and at the very least Pelosi and Ried would be forced to deal with them in some good faith or face having the Congress and Senate locked up for months with nothing being done.

Of course we’ll have the usual suspects whining about the lack of decorum in the Congress, and the Vichy Republicans telling us we need to be careful with this type of strategy lest the Dems use it on us when we’re in the Majority…but what of it. Does anyone doubt for a minute the Democrats wouldn’t employ these tactics were they in the position we currently find ourselves occupying?

Besides…if this strategy were followed…What chance would the whining stand if the Republicans were ready with a response to be repeated over and over again to media outlets and their constituents that, “How can we in good conscience vote on a bill we’ve never laid eyes on without having the clerk read it to all the members since there is usually only one written copy brought to the floor when the rules require 10!”

No war was ever won by being nice to the enemy or without a steadfast refusal to fight. My call is for Congressman Boehner to use any means necessary to muck up the works and force the Dems to deal with the Republican Caucus. Should he not, if I am correct, my strategy doesn’t require the approval of the leadership. It can be employed buy one member to force a Quorum call, or twenty five Republicans unified in their resolve to force the Majority into roll call vote after roll call vote to the Dem’s ever living frustration!

I say “Damn the torpedoes! Full speed ahead!

COMMENTS

  • nessa

    Why does it take one of us to find this? Some of our elected leaders have been there for 30 years or more. No one knew this?

    • AceInTX

      I don’t remember the context…but I think it was the Dems that threatened it…

      I think it’s well past time someone in Congress grew a pair and start deploying this strategy!

  • http://theminorityreportblog.com David Hinz

    1) Power is not only what you have but what the enemy thinks you have

    –Saul Alinsky

    The Republicans in Congress have no power as long as they perceive themselves to have no power. This has never been a problem for the left.

    • AceInTX

      or a desire to get along that stops them from doing it because they really believe they have no power over their situation and they don’t want to rock the boat lest they get smacked down…

      The opposite is true of course, They’ll never again obtain power until they have the confidence to act.and stand for something.

      • ColdWarrior

        The are all afraid that Keith Overbite and his ilk might call them bad names.

  • Scope

    Thank you for the education on the legeslative voting process. I didn’t know it, as I believe many of us didn’t. The fact that the Republicans do have a way of stopping the horrible bills that have been being passed, but have not done so makes it that much worse. If this was common knowledge, and spread across every Republican website, I have a feeling that the cowards would stop hiding behind Pelosi’s skirts, or rather pantysuits.

    It seems that when the Crap and Tax bill was coming up for a vote, later on a Friday, that Boehner did this to a smaller degree when he read what he thought were the worst parts of the bill. As the minority leader in the House, I believe that he had an unlimited amount of time to speak. Had he decided to read the entire 1200 pages of the bill, and the 300 pages of Amendements, thay would not have been able to make their planes that were sitting and “worming” up.

    This is info that I will pass along wherever I post, in hopes that it will get the R’s to use some of the backbone they seem to be lacking. Great Diary Ace.

    BTW- I tried to post my comment before, and then clicked on your Biden Resignation diary. I got the message-
    602 cache redigestation error

    What the heck does that mean? that your diary needs some Pepto?

    • AceInTX

      I don’t know what a 602 cache error is…Ask Neil.

      As I understand it, Boehner didn’t have to read it…and after he stopped any of the members could step up and object to this amendment being dispensed with and force the clerk to read it…

      There are other stalling tactics they can use…but this one in particular is the one I think should be used since the bill can’t be read by the clerk if it hasn’t been printed yet!

    • AceInTX
  • whatifidontwanna

    As you rightly point out, they can vote to just dispense with the reading. At best, you’re just slowing down the process. That’s not a bad thing, but it’s not stopping anything. I am 100% in favor of slowing the process down. In that regard, a rule that states all members must register they’ve read the bill or 5 days pass prior to them voting on it would be a great start.

    This, parliamentary speaking, is the same as the Nuclear Option over judges. It serves no purpose and eventually Republicans will get the majority back (or some other right-center party will) and then you’ll have the Democrats do the same darn thing.

    Earlier today, someone put on the new ad from the NRSC about Dems running the show. As someone pointed out, after tripping up the Dems a lil bit, and then defining them, what’s next?

    As a fellow Texan (well transplant from Oregon, but VERY glad to be here), I just don’t see the average Republican around Collin County, understanding any of the parliamentary tricks. They want these things defeated.

    And really, is Nancy or Harry just going to say, “oh damn, a parliamentary manuever, our raisson d’etre is completely thwarted! Those smart Republicans.” At worst, they change the rules. The rules are already stacked against us.

    • AceInTX

      It serves no purpose and eventually Republicans will get the majority back (or some other right-center party will) and then you?ll have the Democrats do the same darn thing.

      In my Diary I said,

      Of course we?ll have the usual suspects whining about the lack of decorum in the Congress, and the Vichy Republicans telling us we need to be careful with this type of strategy lest the Dems use it on us when we?re in the Majority?but what of it. Does anyone doubt for a minute the Democrats wouldn?t employ these tactics were they in the position we currently find ourselves occupying?

      My answer is two fold…one is rehtorical:

      The Democrats wouldn’t hesitate using this tactic were the shoe on the other foot and if I’m not mistaken I think they did it in early 2004. Even if they hadn’t done it before, I have no doubt they would. My only question is…they fight to the death and use every tool available to them to protect their turf…why shouldn’t we? Even if we have to pull the trigger first on something like this.

      My other argument is this:

      The reason the Dems are pushing through right now at such a feverish pace is because they want to get as much done as quickly as possible in order to keep Republicans off balance and get it through before public opposition can be organized to stop it.

      Slowing things down in the way I describe would have a four prong affect:

      1) It would allow Republicans a chance to gain their footing and time to develop a coherent strategy to get the message out on what’s happening and rally oppositions to what the Axis of Ried, Pelosi and Obama are doing.

      2) It allows those who oppose the agenda they are currently shoving through on a daily basis time to organize an opposition and communicate to their congressmen the consequences of continuing to push it.

      3) There is only so many hours in a day…so many days in a week…and so many weeks in a month. There is only so many months to push “Hope and Change” through between elections…buy making the Democrats work to get every single bill and amendment voted on you eat up more of the time they have to add anything else to their agenda…the more we drag out one item…the less time there is to push the next 3 or 4 items!

      4) Most importantly to my way of thinking is putting a spotlight on the fact that there is no bill to be voted on and that Ried and Pelosi are forcing Congressmen and Senators to vote on legislation they have never read nor have they been briefed by their staffs about what is in the bill and what the consequences are to passing it!

      Or…The Republicans in the House and Senate can just surrender…as they seem content to do…and let Harry and Nancy do as much damage as they can before we may or may not get power back to stop more of it…let alone roll any of it back!

      I can only assume from your post that you’re content with the behavior of our Senators and Congressmen at the current time?

    • David123

      Right now, we’re faced with Obama radical change. It must be slowed down. When Republicans next have a majority, radical change won’t be the goal – a gradual drift to the right will be fine. And if it’s a very slow gradual drift, no big problem.

      The other thing is that Democrats are the party of big activist government. When there’s a R majority, if the D’s want to gum up the next Dept of Education appriations bill, so it never gets passed, and then the Dept of Education has to close down … oh well.

  • whatifidontwanna

    As you rightly point out, they can vote to just dispense with the reading. At best, you’re just slowing down the process. That’s not a bad thing, but it’s not stopping anything. I am 100% in favor of slowing the process down. In that regard, a rule that states all members must register they’ve read the bill or 5 days pass prior to them voting on it would be a great start.

    This, parliamentary speaking, is the same as the Nuclear Option over judges. It serves no purpose and eventually Republicans will get the majority back (or some other right-center party will) and then you’ll have the Democrats do the same darn thing.

    Earlier today, someone put on the new ad from the NRSC about Dems running the show. As someone pointed out, after tripping up the Dems a lil bit, and then defining them, what’s next?

    As a fellow Texan (well transplant from Oregon, but VERY glad to be here), I just don’t see the average Republican around Collin County, understanding any of the parliamentary tricks. They want these things defeated.

    And really, is Nancy or Harry just going to say, “oh damn, a parliamentary manuever, our raisson d’etre is completely thwarted! Those smart Republicans.” At worst, they change the rules. The rules are already stacked against us.

    • whatifidontwanna

      Not intentional.