This week, NBC News and The Wall Street Journal released poll results that are disturbing but by no means surprising. The March 11th – 14th poll of 1000 American adults showed that only 17% of respondents approve of the job Congress is doing in Washington. And as bad as that number is, the reason why Congress’ approval rating is so low is even more disturbing: a full 76% of Americans simply do not trust the U.S. Congress. This was the lowest level of trust for any representative entity tested by NBC/WSJ.
It is no coincidence that these record low ratings come amid current debate over health care in Congress. Yesterday, former U.S. Attorneys General Edwin Meese III and William P. Barr released the following statement:
The convoluted and questionable method under discussion by both Houses of Congress for final passage of the long-debated health care legislation raises serious constitutional concerns, which, at best, will lead to protracted and wholly avoidable litigation and continued doubt about the bill’s validity. Members of Congress from both parties have criticized the use of such sleights of hand, and The Washington Post has rightly editorialized against such “unseemly” and “dodgy” maneuvers for the health care bill. Beyond the obvious practical concerns shared by all citizens, the use of such obscure “rules” for final passage is even harder to justify in light of the real constitutional doubt and the erosion of public confidence in government that it will cause.
Contrary to what President Obama and some congressional leaders have been repeating of late, the American people do care passionately that the process for consideration of health care reform be both constitutional and fair. At a bare minimum, article I, sec. 7, cl. 2 of the U.S. Constitution requires that before it becomes law “(1) a bill containing its exact text was approved by a majority of the Members of the House of Representatives; (2) the Senate approved precisely the same text; and (3) that text was signed into law by the President.” Clinton v. City of New York, 524 U.S. 417, 448 (1998).
The “deem and pass” and similar options under consideration in the House of Representatives plainly violate at least the spirit of the Constitution’s bicameralism and presentment requirements. Those constitutional requirements were intended to ensure democratic transparency with a straightforward up-or-down vote in each House on all bills that become law. More importantly, these requirements were designed to ensure that the new national government actually followed “the consent of the governed,” which the Declaration of Independence had declared to the world was the only basis of legitimate government.
The “deem and pass” options under consideration in the House and the subsequent use of a “reconciliation” process that is reserved for budget issues in acts already signed into law further erode confidence in the rule of law. Some past uses of the “deem and pass” or “self-executing” rules raise similar concerns, but none was as convoluted as the proposed use, and significantly, there may have been no one with legal standing to challenge prior uses in court. Many individuals will have standing to challenge any health reform legislation that restructures one-sixth of the American economy, and the contemplated use of the “deem and pass” maneuver in this instance may be combined with questionable procedural steps in the Senate that render it much more subject to challenge.
There is no need to engage in such procedural machinations, and no asserted reason for doing so exists other than to avoid the traditional legislative safeguards in the Senate and to obscure the appearance that Members of the House actually voted for the Senate bill, which is a prerequisite for genuine reconciliation. The constitutional requirement of bicameralism should not be jettisoned under any circumstances—and certainly not for such trivial and partisan reasons.
Members of Congress take an oath to uphold the Constitution. Members should violate neither the letter nor spirit of the Constitution, especially when there is so much at stake, not only as a policy matter, but when the very legitimacy of the legislative process is in question. Given that many parts of the underlying legislation itself raise substantial constitutional concerns, these “unseemly” and “dodgy” procedures underscore the justified concern the American people have that their elected representatives are blatantly disregarding the Constitution, and as a result, undermining the rule of law.
Quick Hits:
- Bowing to public and private complaints from lawmakers, President Barack Obama delayed his trip to Indonesia and Australia to lobby for his health care bill.
- According to Gallup, pluralities of the American people believe Obamacare will make things worse for middle-income families, hospitals, doctors and “you and your family.”
- According to Fox News, 55% of Americans oppose the health care reforms being considered in Congress.
- A new analysis by the Joint Economic Committee and the House Ways & Means Committee minority staff estimates up to 16,500 new IRS personnel will be needed to collect, examine and audit the new tax information Obamacare requires families and small businesses to provide.
- Sen. Tom Coburn (R-OK) promised to block any nominations of House Democrats who vote for Obamacare to any Senate-approved federal position.
Another day, another no-show for the Obamacare reconciliation bill. House Democrats were quick to shift blame to the Congressional Budget Office (CBO) with Rep. Robert Andrews telling The Hill that the delay “has been much more technical than substantive. … It’s not like what tax has to go or what spending has to go.” Which is an interesting claim, since Politico reported that AFL-CIO President Richard Trumka was summoned to the White House yesterday afternoon “to discuss a higher-than-expected excise tax on some health care plans.” In fact, Politico added: “A labor source said Trumka’s meeting would focus on the entire bill, not just the excise tax question.” Sounds like more than just technical details are still in flux.
But in reality, none of these discussions really matter. The reconciliation bill being drafted is nothing more than thin political cover for House Democrats who believe the Senate bill is terrible public policy but want to please their leadership and the President by voting for it anyway. As we detailed yesterday, there is no bill but the Senate bill. Once the House passes the Senate bill, the President will sign it. Game over. It has been almost three months since the Senate passed their bill in the dead of night on Christmas Eve. A review of just how terrible it really is, is in order:
New Middle-Class Taxes: Throughout his campaign, President Barack Obama promised he would not raise taxes on American households making less than $250,000. The Senate bill shatters that promise. For starters, just look at the reason Trumka went to the White House yesterday: the excise tax on high-cost health insurance plans. This tax would overwhelmingly hit middle-class taxpayers. Taxes on prescription drugs, wheel chairs and other medical devices would also be passed on to all consumers, hitting the lower- and middle- classes the hardest.
Increased Health Care Costs: The Senate bill manifestly does nothing to bend the health care cost curve downward. According to the latest CBO report, the Senate bill would actually increase health care spending by $210 billion over the next 10 years. This follows a previous report from the President’s own Center for Medicare and Medicaid Services (CMS) showing the Senate bill would result in $234 billion in additional health care spending over 10 years.
Increased Health Insurance Premiums: The President initially promised that Americans would see a $2,500 annual reduction in their family health care costs. But under the Senate bill, premiums would go up for millions of Americans. In fact, according to the CBO, estimated premiums in the individual market would be 10–13 percent higher by 2016 than they would be under current law.
Increased Deficits: Despite claiming to be comprehensive health care reform, the Senate bill does not address the fact that Medicare’s current price-fixing doctor reimbursement scheme is set to reduce doctor payments by 21% this year. That simply is not going to happen. Congress will pass that fix separately. If that cost were included, Obamacare is already $200 billion in the red. Now throw in the fact that the Senate bill is paid for with another $463 billion in Medicare cuts to health care providers. CMS says if these cuts occur, one-fifth of all health care providers will face bankruptcy. That simply is not going to happen. Just like the doctor reimbursement cuts have never happened, the Obamacare Medicare cuts will never happen. So in reality, Obamacare will add almost $700 billion to our national deficit in the next ten years alone.
Increases Unemployment and Puts Millions of Americans on Welfare: According to The Heritage Foundation’s Center for Data Analysis (CDA), a dynamic analysis of the tax hikes and deficits created by the Senate bill shows that an average 690,000 jobs per year would be lost if it became law. In addition, over half of all Americans who would gain health insurance through the bill (18 million out of 33 million) would do so by being placed on Medicaid, which is a welfare program.
Higher taxes, higher health care costs, higher health insurance premiums, higher deficits, more unemployment and more Americans on welfare. That is America’s future should the Senate Obamacare bill become law.
Quick Hits:
- According to the Treasury Department, the National Debt has increased over $2 trillion over the 421 days since President Obama took office.
- If the House does pass the Senate bill, dozens of conservative lawmakers and candidates have signed a pledge to back an effort to repeal the measure.
- Yesterday Mark Levin posted the complaint his Landmark Legal Foundation will file in federal court if the House uses the Slaughter Rule to pass the Senate bill.
- Over half of the Americans who gain health insurance through the Senate bill will not be able to get their drugs from Washington state Walgreens, since they announced yesterday that as of April 16th they will not accept any new Medicaid patients.
- According to Gallup, Americans firmly prioritize the economy over the environment and fewer than half of Democrats now believe environmental protection is the more important goal.