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grantcart

(53,061 posts)
69. Quoting Senate Rules in plain English has had no impact on you so further
Sun Apr 1, 2012, 12:48 AM
Apr 2012

discussion is unlikely to have any impact.


Let's back up a little.

In a related thread you said

"News flash! It only takes 51 votes to pass legislation in the Senate, not 60."

This was shown to be nonsense and so you moved to post threads that make it appear that Reid has used the rules to 'suspend' the filibuster.

That simply is not the case.

In the thread that you refer where Reid used the 'nuclear' option, he in fact did not use the nuclear option to 'suspend' the filibuster;

He used the 'nuclear option' to curb additional ammendments to a bill that had already passed colture and therefore was instituting an interpretation to the rules (not a new rule) that you could not have repeated flilibusters after a vote for culture had been passed.



The Nuclear Option is not a motion to change the rules on cloture. To ammend the rules on cloture you would have to have two thirds of the Senators Present

quote

http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%26%2A2%3C4QLS%3E%0A

However, invoking cloture on a measure or motion to amend the Senate’s rules requires the votes of two-thirds of the Senators present and voting, or 67 votes if all 100 Senators vote.

Unquote

If you had 10 Senators present then you could change the rules on Cloture with only 7 Senators.



Let's be clear on the fact so far;

1) You have to have 60 Senators to invoke Cloture

2) You have to have Two thirds of the Senators present to change the rules of Cloture.


You have moved from the silly ""News flash! It only takes 51 votes to pass legislation in the Senate, not 60."

to the somewhat more reasonable but still eroneous assertion by implication that by using 51 votes you can change the rules of the Senate.

This is simply NOT TRUE. Quoting other equally uninformed sources that it is, doesn't change the fact that it is not true.


Please read this carefully so that you don't continue to misunderstand and mistate this on a daily basis;

The 'Nuclear Option' is not an attempt to change or ammend a Senate Rule.

The 'Nuclear Option' is a procedure where the procedure of the filibuster is FOUND TO BE UNCONSTITUTIONAL. IT IS THEN APPEALED AND AFFIRMED BY THE MAJORITY AND THEN IS ESTABLISHED AS A PRECEDENT. IF PASSED BY A MAJORITY THEN IT WOULD BE HELD AS A PERMANENT PRECEDENT AND THE FILIBUSTER, OR SUPER MAJORITY FOR CLOTURE COULD NEVER BE USED AGAIN.


As evidence I now cite this explanation from the Wikipedia page



A senator makes a point of order calling for an immediate vote on the measure before the body, outlining what circumstances allow for this. The presiding officer of the Senate, usually the vice president of the United States or the president pro tempore, makes a parliamentary ruling upholding the senator's point of order. The Constitution is cited at this point, since otherwise the presiding officer is bound by precedent. A supporter of the filibuster may challenge the ruling by asking, "Is the decision of the Chair to stand as the judgment of the Senate?" This is referred to as "appealing from the Chair." An opponent of the filibuster will then move to table the appeal. As tabling is non-debatable, a vote is held immediately. A simple majority decides the issue. If the appeal is successfully tabled, then the presiding officer's ruling that the filibuster is unconstitutional is thereby upheld. Thus a simple majority is able to cut off debate, and the Senate moves to a vote on the substantive issue under consideration. The effect of the nuclear option is not limited to the single question under consideration, as it would be in a cloture vote. Rather, the nuclear option effects a change in the operational rules of the Senate, so that the filibuster or dilatory tactic would thereafter be barred by the new precedent.





The Nuclear Option has never been used, because if it had been then the filibuster would be finished. As the same article explains;



The maneuver was brought to prominence in 2005 when then-Majority Leader Bill Frist (Republican of Tennessee) threatened its use to end Democratic-led filibusters of judicial nominees submitted by President George W. Bush. In response to this threat, Democrats threatened to shut down the Senate and prevent consideration of all routine and legislative Senate business. The ultimate confrontation was prevented by the Gang of 14, a group of seven Democratic and seven Republican Senators, all of whom agreed to oppose the nuclear option and oppose filibusters of judicial nominees, except in extraordinary circumstances.




So in the article that is quoted above the writer is completely incorrect that the 'nuclear option' was used to stop a filibuster. In that case the filibuster was already ended and Reid used the same procedure above to find that parlimentary moves after the vote for cloture was taken was unconstitutional.

Summary

We have no proven that;

1) Senate Rules for Cloture require 60 votes

2) Senate Rules for Changing the Rules for Cloture require 2/3rds of the Senators Present.

3) The so called 'nuclear option' would not close debate on a particular bill but it would raise the issue of the filibuster as unconstitutional and after a ruling from the Chair could be decided by 51 Senators. It would however become a precident and forever eliminate the filibuster on all bills.

To continue to post multiple posts suggesting that the President could have passed single payer or the public option with 51 votes is nonsense.

I have now proven this in detail. To continue to do so really calls into question your ability to understand the basic issues at hand.




Recommendations

0 members have recommended this reply (displayed in chronological order):

Compared to an UNLIMITED percent prior to Obamacare. pnwmom Mar 2012 #1
Exactly. cbayer Mar 2012 #2
And what was the average % prior to the "Health Insurance Industry and Big Pharma Protection Act"? Better Believe It Mar 2012 #5
What I said was factual and to the point. Sorry you can't understand it. n/t pnwmom Mar 2012 #8
And sorry we don't just texshelters Mar 2012 #18
What did I say that you take issue with? pnwmom Mar 2012 #28
Some folks are logic challenged n/t elias7 Mar 2012 #57
So logically challenged that I want actual evidence. texshelters Apr 2012 #95
It's just a fact: prior to AHA, there were no limits on profits governing the insurance industry elias7 Apr 2012 #113
It's not what you said texshelters Apr 2012 #94
Did you really need any evidence for the fact that before the Act, pnwmom Apr 2012 #100
I think the point is that there had to be a limit of some sort. freedom fighter jh Mar 2012 #45
According to Morning Star bighart Apr 2012 #137
Your comment doesn't prove that the average medical/loss ratio was lower before the insurance law. Better Believe It Mar 2012 #50
About the same, apparently. HiPointDem Mar 2012 #10
That's not the way I am reading it, according to the GAO (from your link) cbayer Mar 2012 #15
The fact that 70-77% of insurers (and large group is the biggest percent of insurers) HiPointDem Mar 2012 #17
Here's a short read from back then. Remembering what it was like. Maraya1969 Apr 2012 #164
Why bother indeed. For some if it's anything Obama it's bad. great white snark Mar 2012 #6
For too many, nothing about Obama can every be bad and they texshelters Mar 2012 #21
It has already bent the cost curve in the proper direction, and the major provisions pnwmom Mar 2012 #29
And how's that profit curve working out? Better Believe It Apr 2012 #126
ACA does in fact address long term costs. elias7 Mar 2012 #59
Ha ha texshelters Apr 2012 #93
this is Not just about Obama ... slipslidingaway Mar 2012 #47
That's right. Better Believe It Mar 2012 #62
And the great white shark is silent. n/t slipslidingaway Apr 2012 #117
In nature, It is not that a Shark has no teeth (those are quite impressive), but rather, Dragonfli Apr 2012 #121
Well I certainly needed that chuckle ... slipslidingaway Apr 2012 #122
As long as the mechanism is in place, we can turn the screws as we see fit. dawg Mar 2012 #3
Ugh...you are never far behind to post something negative... vaberella Mar 2012 #4
"single payer never had a chance". It certainly didn't with President Obama opposing single payer! Better Believe It Mar 2012 #7
Do you? vaberella Mar 2012 #12
The deal was made behind closed doors with "help" from insurance/big pharma industry lobbyists. Better Believe It Mar 2012 #22
Obama was realistic he knew the votes for single payer julian09 Mar 2012 #49
That is why he had to block any discussion of a not for profit system for All ... slipslidingaway Mar 2012 #52
^ Exactly ^ Mimosa Apr 2012 #166
You are misreading the article, which is pure speculation, not fact. pnwmom Mar 2012 #9
Does the 20% include what hospitals and doctors' practices spend on administration? freedom fighter jh Mar 2012 #46
The latest manufactured outrage widget its the shop room floor ... thud. JoePhilly Mar 2012 #11
You say that like it's a bad thing... Fumesucker Mar 2012 #13
Good one. sad sally Mar 2012 #19
I for one sure understand it is very difficult to truedelphi Mar 2012 #30
... NCarolinawoman Apr 2012 #70
The posts in this subthread seem to assume that insurance companies have only highly paid executives treestar Apr 2012 #142
So your point is? truedelphi Apr 2012 #151
THe claim has to be covered by the insurance treestar Apr 2012 #152
There are no lawyers in the state of California that will sue Kaiser. truedelphi Apr 2012 #155
So what? PNHP will fudge any numbers they have to to make a point, but... TreasonousBastard Mar 2012 #14
Right. You sure can't trust 18,000 progressive doctors who support a single payer system. Better Believe It Mar 2012 #25
Those Commie basterd healing as*&&les, Health care professionals should mind their own business Dragonfli Mar 2012 #32
Unfortunately some people here can only trust those who spend their whole truedelphi Apr 2012 #156
Then please explain how MediCare has managed to do truedelphi Mar 2012 #31
VOTE A STRAIGHT DEMOCRATIC BALLOT be happy and sane again! xtraxritical Mar 2012 #35
I've done that for the last 36 years Doctor_J Apr 2012 #124
Oh, yeah, I used to send him money in 2007 and 2008 Mimosa Apr 2012 #167
If your underwriting profit margins were so weak maybe xtraxritical Mar 2012 #34
Somehow they manage it. HiPointDem Mar 2012 #37
It's all good! Well..it's a little better..maybe, not as bad as it could be...or something. Tierra_y_Libertad Mar 2012 #16
I don't think much of what Better Believe It posts LiberalFighter Mar 2012 #20
Did you trust him when he opposed Bush policies here before they were adopted by blue dogs? Dragonfli Mar 2012 #27
+1001 rudycantfail Apr 2012 #108
+1002 freedom fighter jh Apr 2012 #141
+1000...nt SidDithers Mar 2012 #40
Yeah, why think when you can just question someone's motives. n/t EFerrari Mar 2012 #42
it doesn't require much thinking when the motives are crystal clear.... dionysus Apr 2012 #68
They are crystal clear, BBI consistently fights for the right to actual health care Dragonfli Apr 2012 #86
. dionysus Apr 2012 #105
still don't know much about the issue, as evidenced by your eloquence /nt Dragonfli Apr 2012 #106
+1,000,000 n/t FSogol Mar 2012 #44
oh shit! dionysus Apr 2012 #67
Perhaps you *should* think about them for awhile. Marr Apr 2012 #148
PNHP has't been thrown under the bus yet? Are the Insurance Cartel defenders getting lazy Dragonfli Mar 2012 #23
Completely ProSense Mar 2012 #24
Du rec. Nt xchrom Mar 2012 #26
Advancing to a 15% MLR (your 80/85 is inverted) is a major improvement over 36% but even at that grantcart Mar 2012 #33
Thanks for a dose of sanity grantcart groundloop Mar 2012 #36
But you are mistaken regarding fake "Republican filibusters" which can easily be ended. Better Believe It Mar 2012 #56
Excellent points, excellent reply emulatorloo Mar 2012 #38
It's a ProSense Mar 2012 #43
With plenty of drum-banging to be had here, your thoughtful post is appreciated. AtomicKitten Mar 2012 #51
Once again: Fake Republican procedural "filibusters" can be ended at anytime as can Senate rules. Better Believe It Mar 2012 #55
Quoting Senate Rules in plain English has had no impact on you so further grantcart Apr 2012 #69
Do you remember a while back when I asked you to please post more often? great white snark Apr 2012 #73
You still haven't presented any evidence that 60 votes are need to pass legislation in the Senate. Better Believe It Apr 2012 #132
Canada did not establish single payer by requiring people to buy private insurance eridani Apr 2012 #71
Those who defend this travesty don't care and are standing in the way of universal health care. Mimosa Apr 2012 #169
It will have to be done state by state eridani Apr 2012 #173
+1000 mac56 Apr 2012 #125
People sicken and die incrementally, too Mimosa Apr 2012 #168
Keep trying...nt SidDithers Mar 2012 #39
We will, until we have what you have, Health Care for all Americans so that thousands do not die sabrina 1 Mar 2012 #41
He was referring to BBI, not his apologists. great white snark Apr 2012 #72
He will not reply, he appears to think our misfortunes are for his amusenment Dragonfli Apr 2012 #75
Hi Dragonfli, I guess I did not expect a response. sabrina 1 Apr 2012 #78
There is nothing I can add to what you just said, I am in complete agreement (edited) Dragonfli Apr 2012 #81
I am so, terribly sorry about your wife, Dragonfli. sabrina 1 Apr 2012 #85
She would stand by whatever I decided, but might advise me to consider not embarrassing her Dragonfli Apr 2012 #87
I can relate to that, what you think your wife's reaction might be. sabrina 1 Apr 2012 #107
... SidDithers Apr 2012 #89
Zing! Karmadillo Apr 2012 #92
Yes, Comedy gold! There is growing poverty as well to laugh at when our bad health care Dragonfli Apr 2012 #96
Then it's your "misfortune" to be an American treestar Apr 2012 #143
It was my wife's misfortune to be killed by insurance, and mine to go heavy into debt Dragonfli Apr 2012 #147
Thank you for sharing your painful story, Dragonfli. PA Democrat Apr 2012 #158
Do you people in Canada have fundraisers for cancer treatment? Autumn Mar 2012 #54
He will not answer, unless it is with a laughing smiley in the body and no text, I have tried a Dragonfli Apr 2012 #76
yet from the time period of July 2010 to truedelphi Apr 2012 #127
Zing! Karmadillo Apr 2012 #65
From a guy enjoying already what we are asking for, yeah fuck us, it is only good for his peeps. /nt Dragonfli Apr 2012 #77
Folks Don't Under How The MLR Caps Profits Apparently indykatie1955 Mar 2012 #48
Yes, I remember that provision. sabrina 1 Mar 2012 #53
It is where most plans are now or lots of people should be going to jail for false reporting. TheKentuckian Apr 2012 #64
Well, as long as they make money, that is the actual goal after all, the sickos are just for profit. Dragonfli Apr 2012 #88
15-20 percent is the max they need bart95 Mar 2012 #58
Well, if medicare can do it at 5% technically that is the max they need /nt Dragonfli Apr 2012 #84
Thank you Dragonfli - truedelphi Apr 2012 #111
Its the "Uniquely American Solution!" bvar22 Mar 2012 #60
A "solution" in name only. Better Believe It Mar 2012 #61
Exactly hayrow1 Mar 2012 #63
Or a bailout for an industry that had just about driven itself to extinction with fraud Marr Apr 2012 #149
Brother, you are still rational after all these years, I love that about you. Dragonfli Apr 2012 #82
If only we had elected the guy who actually wanted single payer. Karmadillo Apr 2012 #110
We took over all of those things mentioned, but we did not take over the bulk of "donations" Dragonfli Apr 2012 #123
Well put. Marr Apr 2012 #150
keep trying. someday maybe your ship will come in! dionysus Apr 2012 #66
True that, too many people die from insurance cartels Dragonfli Apr 2012 #83
Wow, you are certainly Mr. popular around here, aren't you? Egalitarian Thug Apr 2012 #74
"In times of universal deceit, telling the truth becomes a revolutionary act" sabrina 1 Apr 2012 #79
TYVM. Thom Hartmann is to blame. n/t Egalitarian Thug Apr 2012 #91
That is due merely to a (hopefully) temporary cult of personality disorder Dragonfli Apr 2012 #80
Welcome to the new DU! nt woo me with science Apr 2012 #109
Why, TYVM. Glad to be here. n/t Egalitarian Thug Apr 2012 #112
Divide and conquer, eh? joshcryer Apr 2012 #165
I figured it out a while back. Mimosa Apr 2012 #170
This country is an embarrassment Doctor_J Apr 2012 #90
Here ProSense Apr 2012 #97
Your "then" is more like "now" Doctor_J Apr 2012 #104
And we have trolls that do not even reply, just heckle and laugh, (ironically while receiving UHC) Dragonfli Apr 2012 #99
I am waiting for a fly-by that says, "We still have the best HC in the world" Doctor_J Apr 2012 #101
I was going to give it a month, but you are probably more accurate. /nt Dragonfli Apr 2012 #102
You had a jury on this post Ruby the Liberal Apr 2012 #115
Thank you, Sincerely, for the transparency. /nt Dragonfli Apr 2012 #119
Good to see you, Doctor. girl gone mad Apr 2012 #118
Another issue re the new pre-existing condition pool. Vinca Apr 2012 #98
I think with obesity, even a 2 day clinic and seminar could be a life saver. truedelphi Apr 2012 #157
Well we know where the doctors want it to go! Their gready fucking pockets! RB TexLa Apr 2012 #103
BS ... slipslidingaway Apr 2012 #116
Just look at how much they steal from insurance companies and the government RB TexLa Apr 2012 #129
My daughter steals from me every week ... slipslidingaway Apr 2012 #159
RBTex, you're seriously uninformed. Mimosa Apr 2012 #171
Doctors serve an actual purpose.. Fumesucker Apr 2012 #120
Without insurance executives, doctors would take every dime you have RB TexLa Apr 2012 #128
Yes, insurance executives are such noted humanitarians.. Fumesucker Apr 2012 #130
Compared to doctors stealing premium dollars, tax dollars and patiants dollars anyone is a noted RB TexLa Apr 2012 #131
"anyone is a noted humanitarian" Hope you're not including insurance sharks and big pharma. Better Believe It Apr 2012 #133
Compared to doctors? Yes, they are some of the few people who stop these criminals from taking RB TexLa Apr 2012 #136
This message was self-deleted by its author slipslidingaway Apr 2012 #162
Next time you need medical care I suggest you consult an insurance executive then.. Fumesucker Apr 2012 #134
Ask your doctor next time if it's ok for you to file your own insurance claim. RB TexLa Apr 2012 #138
I have neither a doctor nor insurance.. Fumesucker Apr 2012 #139
Rather pissed at your ignorance ... slipslidingaway Apr 2012 #160
Yet another solid argument for single payer. hifiguy Apr 2012 #114
^ Exactly!!!^ Yaya!! ^ n/t Mimosa Apr 2012 #172
I'm sorry, but I can't take anything you post seriously. cali Apr 2012 #135
+1... SidDithers Apr 2012 #140
I assume you feel the same way about articles written by progressives that I post. Better Believe It Apr 2012 #144
It's the attitude of this post and others like it. This post is pure Debbie Downer. gulliver Apr 2012 #146
I think you like to stir shit. n/t Lil Missy Apr 2012 #145
You don't know me. LiberalFighter Apr 2012 #153
Interesting Reply. I was responing to BetterBelieveIt. Lil Missy Apr 2012 #154
I've noticed a trend with all of your OPs... MrScorpio Apr 2012 #161
This message was self-deleted by its author aspieextrodinare Apr 2012 #163
Are administrative costs subject to exemption under the 2013 kick-in where 80% of premiums collected lonestarnot Apr 2012 #174
Latest Discussions»General Discussion»Under "Obamacare&quo...»Reply #69