RSS Feed MenuI had (and still am having) an awful time trying to understand the technicalities behind how the Democrats are going to pass their healthcare bill.
First, it was through the reconciliation process. Now, they’re going to include a step called “the self-executing rule” or the “deem and pass” to shepherd the bill through the House before the end of the week.
It’s all terribly esoteric. What does deem and pass” involve?
Byron Tau from The New Republic explains:
The House Rules committee is often called the ‘traffic cop’ of the House – controlling what bills come to the floor and how much debate is allowed on each one. On each bill, they pass what is called a ‘rule’ – a resolution determining what kind of debate is allowed on each bill. The whole House must first pass the rule, then the underlying legislation. In the case of ‘deem-and-pass’, the vote on the rule would also have the effect of passing the Senate bill.
In essence, the House won’t be technically voting on the Senate bill. They will instead be voting on a rule with a package of reconciliation requests that, when passed, will deem the Senate healthcare bill passed as if voted upon. The bill will then become law after the President signs it, after which the House’s reconciliation requests could go to the Senate for consideration.
The Washington Post came out with this very helpful graphic explaining the possible steps and the timeline:
A whole bunch of questions emerge from the “Slaughter Solution”, named after Rules Committee Chair Rep. Louise Slaughter (D-NY).
Could it come under a Supreme Court challenge, as Politico suggests it could? Do Americans really care about the internal processes of Congress? Will using this mechanism to pass healthcare reform matter at the polls this November?
balconesfault // Mar 17, 2010 at 6:45 pm
I’ve read elsewhere that the “self-executing rule”, or deem and pass, has been used much more often than 6 times. In fact, the article you link to says “at least 6 times” … Klein claims in his blog today that it was used by Republicans “dozens of times when they were in power”.
Has this really been a regularly used device that’s just getting a lot of hype now because it’s over healthcare … or is it really a very infrequently used procedure?
rbottoms // Mar 17, 2010 at 8:21 pm
Republicans having a collective fainting spell over Democrats using a completely constitutional legislative tactic GOP members themselves have used in the past?
Say it ain’t so.
Moderate // Mar 17, 2010 at 9:03 pm
It’s definitely more than 6 times. It’s been used every time a budget is passed that raises the debt ceiling (i.e. Gephardt Rule) – i.e. dozens of times.
My biggest gripe is not with the method’s legality, but with its underhandedness. Important policy like this deserves a straight vote to maintain legitimacy.
rbottoms // Mar 17, 2010 at 10:33 pm
Gingrich Group Attacks Gingrich Tactic
On March 17, 2010, Newt Gingrich’s American Solutions for Winning the Future sent an email to supporters blasting self-executing rules as “blatantly unconstitutional.” Yet as Speaker of the House, Gingrich “set new records” for the amount of self-executing rules, using them up 35% of the time in the 105th Congress.
As Speaker, Newt Gingrich “Set New Records” For The Amount Of Self-Executing Rules. According to the Woodrow Wilson International Center for Scholars:
When Republicans took power in 1995, they soon lost their aversion to self-executing rules and proceeded to set new records under Speaker Newt Gingrich (R-Ga.). There were 38 and 52 self-executing rules in the 104th and 105th Congresses (1995-1998), making up 25 percent and 35 percent of all rules, respectively. Under Speaker Dennis Hastert (R-Ill.) there were 40, 42 and 30 self-executing rules in the 106th, 107th and 108th Congresses (22 percent, 37 percent and 22 percent, respectively). Thus far in the 109th Congress, self-executing rules make up about 16 percent of all rules. [Woodrow Wilson International Center for Scholars, 6/19/06]
Liar.
SFTor1 // Mar 18, 2010 at 2:13 am
If it’s good enough for Gingrich, it’s good enough for me.
Does Mr. Gingrich have health care coverage, by the way?
rbottoms // Mar 18, 2010 at 5:56 am
The real questions is does the next Ex-Mrs. Gingrich have coverage.
athensboy // Mar 18, 2010 at 7:09 am
Why was it ok for the gop to use this procedure when they were in power? It was ok for them, but suddenly its unconstitutional for the dems? More bullcrap from the rightwing noise machine.Please don’t try playing games with educated people.
Kevin B // Mar 18, 2010 at 8:35 am
#3
The House already passed a healthcare reform bill.
Normally, the two bodies would work out a compromise bill that irons out out the differences, and there should be a straight vote in both houses.
Such a bill CAN’T have a straight vote because the 41% majority in the Senate will prevent it from being voted on at all.
Kevin B // Mar 18, 2010 at 8:42 am
I love the changing headlines on FF. This one started as something like “An Explanation of ‘Deem and Pass’”. Now we have…well, you see for yourself.
It’s the times.
sinz54 // Mar 18, 2010 at 9:33 am
Tim Mak: Do Americans really care about the internal processes of Congress?
Let me try to field that question:
NO THEY DO NOT.
This is an election year. Assuming the bill passes, every Congressman and one-third of the Senators have to go back to their constituents and explain what’s in the bill that affects their constituents–and whether those politicians support it or oppose it.
The November election will hinge on whether Americans approve of the bill. Not how the bill got passed.
LFC // Mar 18, 2010 at 12:44 pm
A whole bunch of questions emerge from the “Slaughter Solution”, named after Rules Committee Chair Rep. Louise Slaughter (D-NY).
You mean the Dreier Doctrine? Funny that you use the partisan term “Slaughter Solution” for this technique when it has been used over 200 times by Republicans when they had control of the House. From a Roll Call article in June of 2006:
When Republicans took power in 1995, they soon lost their aversion to self-executing rules and proceeded to set new records under Speaker Newt Gingrich (R-Ga.). There were 38 and 52 self-executing rules in the 104th and 105th Congresses (1995-1998), making up 25 percent and 35 percent of all rules, respectively.
Under Speaker Dennis Hastert (R-Ill.) there were 40, 42 and 30 self-executing rules in the 106th, 107th and 108th Congresses (22 percent, 37 percent and 22 percent, respectively). Thus far in the 109th Congress, self-executing rules make up about 16 percent of all rules.”
Could it come under a Supreme Court challenge, as Politico suggests it could?
Maybe, but the Dems challenged it in court before and lost. Of course, we have a pretty partisan Supreme Court right now.
If the Republicans DO take it to court and win, then every piece of legislation they passed using it while they were in the majority would either be instantly null and void, or at least open to challenge in court. Do they really want to open that can of worms? It could be interesting.