Althouse: The Senate Judiciary Committee has a hearing on the constitutionality of the health care law.

February 2, 2011

The Senate Judiciary Committee has a hearing on the constitutionality of the health care law.

Oh, look! They're finally paying attention to a little technical matter they ought to have taken account of a year or so ago.

Watch with me.

39 comments:

Unknown said...: They were all so sure they'd included enough goodies to buy off everybody, they didn't think they had to bother themselves with something as paltry as the Constitution of the United States.; 2/2/11, 6:03 PM
coketown said...: This sausage party has it all wrong. The legislative process isn't a grocery list that you check off at random. There's steps involved. You draft it, read it, weigh its constitutional merits, and then pass it; you don't pass it, then draft it, then pass it again, then read it, then 11 months later weigh its constitutional merits. I need every swingin' dick on this committee to get their shit together. That includes you, Feinstein.; 2/2/11, 6:14 PM
Toad Trend said...: Let the wonderful unraveling begin. I do hope that Pelosi Galore has a good seat.

I hope her stupid quote about passing a law to see whats in it is played over and over again, the purpose being that it NEVER happen like this again.; 2/2/11, 6:17 PM
Fen said...: I think they deliberately drafted an unconsitutional bill, betting that the courts would deem it "too big to fail"

I really hope the Left wasted its majority for 2 years for a law that will be voided.

They were arrogant. They wouldn't allow debate. They forced it through with shady backroom deals and bought off constituencies with waivers. I hope it hurts really bad.; 2/2/11, 6:43 PM
The Drill SGT said...: dont tread 2012 said...
Let the wonderful unraveling begin. I do hope that Pelosi Galore has a good seat.

That's all that Nancy has. Given the basic rules of the House, particularly after the way she knocked a lot of those rules around, it's unlikely that she has much impact moving forward on anything there. The Dems made a mistake in not electing Hoyer. He seemed to be the adult the last few years and could have tried mending fences insead of burning them.; 2/2/11, 6:43 PM
Anonymous said...: They're finally paying attention to a little technical matter they ought to have taken account of a year or so ago.

A year ago, a party that has no knowledge of, or interest in, the US Constitution controlled the House of Representatives.; 2/2/11, 6:46 PM
Phil 314 said...: This is getting interesting, especially when constitutional scholars say:
Well that part's constitutional but this other part here, well...

Rep. Pelosi was right, after so many re-readings of the bill we're now understanding what's in it.; 2/2/11, 6:57 PM
Drew said...: It's almost as if we need to add another requirement for holding public office: intelligence.; 2/2/11, 7:04 PM
The Crack Emcee said...: I love the image of all those well-paid men in expensive suits, every one of them a bonafied idiot.

It's the thought that hurts.

And we wonder what's wrong with this country,...; 2/2/11, 7:06 PM
Bruce Hayden said...: I think they deliberately drafted an unconstitutional bill, betting that the courts would deem it "too big to fail"

I don't see it as intentional, rather more negligent. Constitutionality just wasn't a priority for the Dems rushing to get the bill passed. Getting enough of the Democratic fence sitters to support the bill was what was consuming them.

It is humorous that they are now worrying about it. And, what will they do if they decide that it is unconstitutional? Likely nothing.

But, I wouldn't expect that. The committee membership is stacked enough in the Democrats' favor (despite only have a 53/47 advantage in the Senate) that the results are forgone - the committee, likely on close to partisan lines, will determine that the bill they passed a year before was Constitutional. The merits of the debate are irrelevant. Politics are what count.

Which brings me to what I think the likely reason for the hearings - to counter Judge Vinson (and before him, Judge Hudson). Remember, most of the Democrats on the committee voted for the bill. The same Democrats who want us all to believe that they are disinterested in their attempt to find the truth here.

Yes, I am alleging a conflict of interest, but a mild one by Washington, D.C. standards. Clearly not as bad as Jamie Goelick on the 9/11 Commission, and likely not as bad as trusting Frank and Dodd to overhaul the mess they made of the housing and mortgage loan market.; 2/2/11, 7:10 PM
Mark O said...: Wally Dellinger. He's not exactly an objective voice. I wonder if O'M&M is getting paid for his time or if some of its clients may have the kinds of issues that so affected Boies and Cravath.

God, Wally has gotten old.; 2/2/11, 7:11 PM
The Concrete Dog said...: hoops what you gotta jump thru
like the Jud Cmte
are wy tom friedman
lovs china so much

a guy can realy get things
done
ovr there
once you lern to
not mind braking a few eggs

its gotta be fun to tell
the masses wht to do and
what to eat an wht to buy
like being god
only plus u gots mammon too
and god dont need mammon
the bozo; 2/2/11, 7:13 PM
Quaestor said...: He seemed to be the adult the last few years and could have tried mending fences insead of burning them.

I think I understand the intent, but isn't that a rather muddled metaphor?; 2/2/11, 7:20 PM
Anonymous said...: This comment has been removed by the author.; 2/2/11, 7:45 PM
ricpic said...: Every Dem senator who voted not to repeal a law already declared unconstitutional by federal judge Vinson are LAWLESS. And that's my contribution to freedom of speech.; 2/2/11, 7:45 PM
Anonymous said...: Pardon my mistake. I thought this was the House Judiciary Committee.

Yes, Ann is correct. The Senate is finally shutting the barn door.

I would remind Althousians that today 51 traitorous United States Senators voted to keep a law in place that has been ruled unconstitutional.

In defiance of their oathes of office to protect and defend the Constitution, these 51 Senators instead voted to keep this law even though it has been twice ruled unconstitutional.

These 51 pusillanimous Democrat Party Senators have brought shame and ill repute on the United States Senate.

May God have mercy on their pitiful souls for the dogs they loosed today.; 2/2/11, 7:50 PM
Anonymous said...: "Every Dem senator who voted not to repeal a law already declared unconstitutional by federal judge Vinson are LAWLESS."

You are absolutely correct. These Democrat Party senators are lawless and nothing less than traitors to their country.

They should be set upon in every public setting and pilloried by polite society. They should never serve another peaceful day in office.

These men deserve to be arrested under the law, charged with treason, given fair trials and then have their sentence executed.

This act today will live in infamy.

One day, these 51 Senators will look back and wonder where it all went wrong for them.

Today was the day.; 2/2/11, 7:54 PM
Alex said...: This sausage party has it all wrong. The legislative process isn't a grocery list that you check off at random. There's steps involved. You draft it, read it, weigh its constitutional merits, and then pass it; you don't pass it, then draft it, then pass it again, then read it, then 11 months later weigh its constitutional merits. I need every swingin' dick on this committee to get their shit together. That includes you, Feinstein.

Shoving it down our throats was the idea. Too bad it didn't work out for them!; 2/2/11, 8:09 PM
john bord said...: From the Heights of Arrogance Comes the depth of Stupidity..... May I introduce you to the democratic party of the Left.... AKA communist Socialist Arrogant Club of the US.; 2/2/11, 8:10 PM
Alex said...: Every Dem senator who voted not to repeal a law already declared unconstitutional by federal judge Vinson are LAWLESS.

That's the kind of inflammatory rhetoric that leads to Tuscon shootings. Be very careful with your words.; 2/2/11, 8:10 PM
Alex said...: Florida & ricpic - engaging in incendiary rhetoric designed to "ignite" teabaggers....; 2/2/11, 8:11 PM
ricpic said...: The genius of Alex is that he can be simultaneously both fer me and agin me. And almost always is.; 2/2/11, 8:18 PM
Alex said...: Hey that's the first time I've ever been called a genius. Of course it was by ricpic, so I'm not flattered.; 2/2/11, 8:19 PM
Fen said...: Actually, ricpic is to be respected.

And you should take the compliments while you can ;); 2/2/11, 8:27 PM
Anonymous said...: "That's the kind of inflammatory rhetoric that leads to Tuscon shootings."

Fuck you.

The inflammatory acts that leads to Tuscon style shootings was the ramming down the throats of America of a corrupt law designed to line the pockets of the Democrat Party.

The brining of union thugs to town hall meetings.

The beatings of people who spoke out.

The violence and intimidation that has become part and parcel of every Democrat rally.

Visiting people's homes to harass them. Bringing them in by the union busload.

That's the sort of shit that leads to Tuscon-style shootings.

So go fuck yourself.

You will not be shutting down free speech here motherfucker. I don't really care how many Congress people get shot in their faces by the whackjobs they are dismissive to at their town halls and meet and greets ... that is never a reason to silence critics of unconstitutional laws passed by corrupt Democrats.

Go fuck yourself.

There'll be no shutting down of speech here.; 2/2/11, 8:51 PM
Anonymous said...: "Florida & ricpic - engaging in incendiary rhetoric designed to "ignite" teabaggers...."

Designed to ignite citizens to action.

Whether they be Democrats or Republicans ... nobody can feel good that 51 Senators today defied their oaths of office and voted to keep in place a law that has been twice ruled unconstitutional by the courts.

It is infamy. It is unbelieveable to me that this could occur in this nation. This sort of utter lawlessness.

It is time to cleanse the Senate of these Democrats and if you are a patriot then you must today feel saddened by the duty you are now required to perform ... whether you be Democrat, Republican, Independent or Tea Party.

Our Senate is now beyond the reach of the Constitution and must be reigned in or America is done for.; 2/2/11, 8:59 PM
virgil xenophon said...: Fen and Hayden are both right in a way. Remember, there was such a rush to shove it through in the lame-duck session that they didn't dare send it to a conference committee to fix the "severability" problem in the limited time avail as they thought the bill would unravel, so they had to go with the bill as is. But I do believe that they felt secure in this approach and their minds undoubtedly assuaged by their belief that no court would DARE to overturn the handiwork of the Obamassiah "'cause the Supreme Court reads the election returns," and at that stage their hubris and total contempt for their opponents was still at flood stage. They REALLY DID, I'm sure in my heart of hearts, believe in *their* "heart of hearts" it "too big to fail."; 2/2/11, 9:01 PM
Meade said...: "The brining of union thugs to town hall meetings."

I sort of thought turning the union thugs into pickles was one of the few things they did get right.; 2/2/11, 9:03 PM
Anonymous said...: "I sort of thought turning the union thugs into pickles was one of the few things they did get right."

Bringing union enforcers to intimidate and silence critics at town hall meetings is a violent act ... whether they actually beat anybody up or not.

Their mere presence is violent and intimidating.

Democrats are actively engaging in violence against normal Americans in order to shove unpopular and unconstitutional laws down our throats that only serve to line Democrat Party pockets.

It's violent and they should expect us to get in their fucking faces and punch them the fuck back twice as hard because that's what Barack Obama has told us to do.

Barack teaches that you're not serious unless you are punishing your enemies and rewarding your friends.

So that's what average Americans should do every time they run into a Senator Reid or one of his cohorts in the grocery store: Get in their fucking face.

Embarass them.

They thrive because they think we're too fucking scared to call them out. That we're too scared to push back.

Barack Obama gave you permission.

I want people mad.

You should be mad.

Your country is being run into the ground by a bunch of corrupt lawless assholes.

Get in their faces.; 2/2/11, 9:21 PM
cubanbob said...: Severability is really a non issue. Even if the bill had it incorporated it would be dead in it's tracks if the mandates were held unconstitutional but the rest of the bill is left in tact.

If the bill was left in place minus the mandate then the insurance company would be suing under the takings clause. Then there is the issue of the mandates on the states, even though judge Vinson ruled against the states on that portion of the suit, it is unclear whether or not the states would appeal that portion of the ruling. The bill is a three legged stool that needs all three legs to stand on, with two it falls.; 2/2/11, 9:47 PM
Tyrone Slothrop said...: Is it not so that, absent a stay of Judge Vinson's decision, it is now unlawful to implement any of the provisions of the Health Care Act? Is the administration not now in contempt of the law? What on earth am I missing? Why isn't somebody going to jail?; 2/2/11, 10:24 PM
Revenant said...: What a waste of time.

The bill was passed and signed into law. It is too late for Congress to worry about whether or not it is Constitutional.; 2/2/11, 11:10 PM
Anonymous said...: "What on earth am I missing? Why isn't somebody going to jail?"

You're not missing anything.

The reason nobody is going to jail is because the cops are on THEIR SIDE. The Fraternal Order of Police is one of the nation's largest unions and the police union is one of the largest recipients of your income.

That's right ... they have their hand in your pocket.

Beat cops in Boston are making $200,000 a year. It's sickening.

You think they're going to arrest the crooked politicians who "negotiated" these obscene salaries with them?

The cops have been bought off - bribed with fat salaries, complete benefits packages and even larger lifetime pensions ... most in the 7-figures.

Don't expect these criminals to be arrested. They're the cops best friends.

The corruption rampant amongst our "elite" will have to be eliminated some other way.

They have Lady Justice over a barrel ... and they're rape-raping her.; 2/2/11, 11:24 PM
The Crack Emcee said...: "That's the kind of inflammatory rhetoric that leads to Tuscon shootings."

Bullshit. In case you didn't get the point of my previous comment and link, the kind of talk that leads to killing (or even rich and powerful men acting like damn fools) is the fantasyland language of a NewAge utopia. People are literally throwing away lives for it - theirs and others - just as the Nazis did before them.

If you misconstrue what's happening - as most do, whether by (Liberals) blaming conservatives and/or "uncivil" language, or (Conservatives) pooh-poohing NewAge within our culture - then you allow it to continue unabated. (It's like someone repeatedly saying, "Ooh, look at that!" and every time you do, they clock you in the jaw. But - though it keeps happening over and over again - your dumb ass never catches on.) It's a really depressing phenomena to behold.

I always thought our country was smarter than this.; 2/2/11, 11:42 PM
Revenant said...: Is the administration not now in contempt of the law? What on earth am I missing? Why isn't somebody going to jail?

For starters, you're missing the fact that violations of the law by the Executive are handled via Congressional impeachment trials.

Vinson couldn't throw Obama in jail even if he wanted to.; 2/3/11, 2:56 AM
Anonymous said...: Here is another example of Obama Administration abject lawlessness.

A federal court has held the Department of the Interior in contempt of court for willfully violating its stay of their ban on drilling in the Gulf of Mexico.

ABCNews Reports: U.S. District Judge Martin Feldman chided the department for its "dismissive conduct" after he overturned the agency's decision to halt any new permits for deepwater projects and suspend drilling on 33 exploratory wells after the Deepwater Horizon blast, which killed 11 workers and triggered the massive spill. After Feldman overturned the government's moratorium in June, the agency issued a second nearly identical suspension.

A judge ordered them to cease and desist because they are violating the law and the United States Department of the Interior told this judge to go fuck himself.

They do not intend to obey the law.

The entire Democrat Party is bent on imposing its will on the American people and they're not going to let courts or justice or the U.S. Constitution stop them.

They don't care about laws or courts because they are criminals.

They are acting outside the law and outside the Constitution. We owe these people nothing, not least our allegiance or obedience.

It's time to remove these people from power.; 2/3/11, 6:14 AM
MikeR said...: I don't think you're being fair. The current fuss over "action" vs. "inaction" is fun, but I think liberals were within their rights to have thought that they won that battle a while ago, when the Commerce Clause was extended to include stuff it obviously didn't include. Conservatives are now reduced to arguments ad absurdum: I don't quite see anything in the Constitution about action vs. inaction, but logically I can prove that there has to be a line somewhere, so that must be it...; 2/3/11, 6:57 AM
Toad Trend said...: All I keep hearing in my head is that idiot Algore: "There's no controlling legal authority".

This statement of his seems to rear itself in the undercurrent of alot of what this adminstartion does and how it postures.

The gulf drilling moratorium, and now the court ruling on their redistributive scheme disguised and sold as a 'health care' plan.

It seems to me that we are going to find out just how far executive fiat will get this group of jackals.

The people need to stand up for the constitution; clearly, they have no intention of honoring it.; 2/3/11, 6:59 AM
Toad Trend said...: @MikeR

You are an idiot.; 2/3/11, 7:00 AM