• Home
  • Today
  • Advocacy
  • Forum
Donate
  • login
  • register
Home

They need you!

Forum links

  • Recent changes
  • Member list
  • Search
  • Register
Search Forums
 
Advanced Search
Go to Page...

Resources

  • Do I qualify?
  • In-state tuition
  • FAQ
  • Ways to legalize
  • Feedback
  • Contact us

Join our list

National calendar of events

«  

June

  »
S M T W T F S
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
 
 
 
 
Sync with this calendar
DAP Forums > DREAM Act > The News Room

The Decision that's going to determine CIR

  • View
  • Post new reply
  • Thread tools
#1
11-16-2012, 12:53 PM
Senior Member
Joined in Feb 2010
347 posts
NK74
0 AP
A lot of people like to complain about Obama not delivering on reform. And yet what they should be looking at what's happening in Congress. Here's a prime example:

Quote:
An underrated issue looking at the legislative agenda in the new year is the question of who's actually decisive in the House of Representatives.

This is perhaps best explained by analogy with the United States Senate. Over there it's clear that what you need is a coalition of 60 Senators to pass bills under the normal process. That means the 55 Democrats plus 5 moderate Republicans, or else the 45 Republicans plus 15 moderate Democrats. Sometimes big leader-to-leader agreements happen, but legislation often occurs on the basis of minimum winning coalitions. The Dodd-Frank financial regulation bill, for example, was overwhelmingly opposed by the GOP but Scott Brown, Susan Collins, and Olympia Snowe made a separate peace with the Democrats and it passed.

This kind of thing isn't unheard of in the House of Representatives, but it's not possible in the modern era.

Back in the day it was. The Reagan Revolution was enacted in 1981 by the GOP minority joining with a dissident faction of Boll Weevil conservative Democrats to pass bills. But under modern conditions, bills opposed by the Speaker of the House almost never make it to the floor. If Reagan had to negotiate compromises with Tip O'Neill rather than with a minority of O'Neill's caucus, he never could have passed some of his key 1981 agenda items.

Dennis Hastert formalized the new rules as the "majority of the majority" principle. For a bill to pass his House of Representatives, it needed two concurrent majorities—the support of both a majority of House members and the support of a majority of House Republicans. That had the effect of shifting the veto point in the House well to the right of the median house member. During the last congress, Speaker Boehner changed the rules again adopting the principle that he only wanted to move legislation that had the support of 218 Republicans which shifts the veto point way further to the right. That absolute majority principle is a common norm of procedure in parliamentary systems. Angela Merkel wants to pass bills through the Bundestag that can pass in principle exclusively relying on the votes of her own coalition. If you require opposition votes to pass your bills, your government is in constant risk of collapse. But those systems generally have fewer veto points outside the lower house of parliament so the practical impact isn't as gridlockerific.

At any rate, the point is that these kind of things are at least partially under Boehner's control and his decision-making about them is a huge driver of the odds of compromise. The House Republican majority isn't that big. If Boehner allowed Boll Weeviling a lot of stuff could pass that won't pass under the majority-of-the-majority principle, and there's stuff that can pass under majority-of-the-majority rules that can't pass under the absolute majority principle. Under the current rule, you're asking Obama to bargain not with the median House member (a moderate Republican) or with the median House Republican (by definition a mainstream conservative Republican) but with essentially a member of the far-right fringe. That's tough.
http://www.slate.com/blogs/moneybox/...entatives.html

So basically. Right now the House has 235 or so Republicans and 200 or so Democrats. You can't assume each Dem will be in favor of CIR, let's say they re going to provide 180 votes for it. So you need 40 Republican votes or so for majority.

What principle Boehner adopts for supporting legislation will be pivotal in the chances of CIR passage.

1. If Boehner decides that in order to pass legislation, he needs 218 Republican votes -like he did during last congress- then it's impossible for CIR to pass, because there are no 218 Republican votes for it.

2. If Boehner decides to adopt the Hastert rule -Hastert being speaker till 2006-, then there would have to be 118 Republican votes in favor of CIR.

Not impossible. But a tall order.

3. If Boehner decides to drop all those rules and just work to find enough congressmen to vote for any bill, then CIR can happen, because 40 Republicans can probably be found.

However, it is unlikely Boehner would do that, because if he were to pass bills which the majority of Republicans didn't approve, he would run the danger of getting a challenge from Cantor and losing his Speakership.

In conclusion:

While one cannot preclude the possibility of Boehner ignoring his caucus and passing CIR with mostly Democratic votes, the likeliest most favorite scenario is Bohner adopting the majority within the majority rule trying to get 118 votes from the Republican caucus.

That's rather unlikely and bear in mind that in order for him to do that, any bill coming out of the house would have to be more restrictionist -which in turn might drive Democrats away and sink the bill in another way.

That's why passing CIR is difficult, that's why passing laws in the US is difficult in general.
Last edited by NK74; 11-16-2012 at 12:59 PM..
  • Reply With Quote
Post your reply or quote more messages.
NK74
View Public Profile
Send a private message to NK74
Find all posts by NK74
#2
11-16-2012, 02:28 PM
Senior Member
Joined in May 2006
6,572 posts
Ianus's Avatar
Ianus
0 AP
I don't think that is what the 'majority of the majority' means as the article clearly states:
Quote:
For a bill to pass his House of Representatives, it needed two concurrent majorities—the support of both a majority of House members AND the support of a majority of House Republicans.
This is why CIR failed way back then and also don't go by everything that you read to define Boehner.The 113th hasn't been sworn in and we don't know how the current Speaker will formulate rules for legislation and it has been confirmed the votes are their for him to be Speaker.

I think the two most important individuals for CIR on the GOP side will be Cornyn in the Senate and Boehner in the House.They are not only Republicans but seasoned politicians so let's see where it goes.
__________________
We shall win our Dream!
  • Reply With Quote
Post your reply or quote more messages.
Ianus
View Public Profile
Send a private message to Ianus
Find all posts by Ianus
#3
11-16-2012, 02:57 PM
Senior Member
Joined in Dec 2010
626 posts
Nic89
0 AP
Pass DA first then deal with CIR, I don't want to see another 2007. It will ruined DA chances by attaching elephant CIR to it.
__________________
Application Sent:09/12/12 Vermont.Delivered:09/13/12. 797C Received:09/21/12 at 2:30pm. Biometrics Receipt: 9/24/12 3:00pm. Scheduled for: 10/5/12. Completed: 10/02/12. Application Aprroval:11/06/12. EAD Received: 11/9/12. SS Applied: 11/13/12. SS Received: 11/19/12. DL Received: 12/04/12.
  • Reply With Quote
Post your reply or quote more messages.
Nic89
View Public Profile
Send a private message to Nic89
Find all posts by Nic89
#4
11-16-2012, 03:21 PM
Senior Member
Joined in Feb 2010
347 posts
NK74
0 AP
Quote:
Originally Posted by Ianus View Post
I don't think that is what the 'majority of the majority' means as the article clearly states:
This is why CIR failed way back then and also don't go by everything that you read to define Boehner.The 113th hasn't been sworn in and we don't know how the current Speaker will formulate rules for legislation and it has been confirmed the votes are their for him to be Speaker.

I think the two most important individuals for CIR on the GOP side will be Cornyn in the Senate and Boehner in the House.They are not only Republicans but seasoned politicians so let's see where it goes.
I don't understand why you corrected me.

The Hastert Rule for a "majority of a majority" means that for the Republicans to support a specific bill, they need a majority of their caucus to vote for that bill.

After that, it's self evident that the bill needs the support of whole house majority to pass; 218 votes.

BUT. If let's say, Boehner adopts the "majority of the majority rule" and only 60 Republicans support CIR -which is less than the majority within the Republican caucus, then Boehner, as is his power as the speaker- will not move the bill to a vote, that's what the rule means. Btw, during last congress, Boehner didn't even go by that rule. He required 218 Republicans to support a bill in order to allow a vote on the floor. That's why a compromise on the debt ceiling didn't pass.

Other than that, I did not make any assumptions. I presented the various scenarios and I assigned probabilities in all of them based on what I think is solid logic.

People need to see things as they are, not as they want them to be. There's still a chance the bill passes, but it's not a shoo in.
Last edited by NK74; 11-16-2012 at 03:24 PM..
  • Reply With Quote
Post your reply or quote more messages.
NK74
View Public Profile
Send a private message to NK74
Find all posts by NK74
#5
11-16-2012, 03:54 PM
Senior Member
Joined in Jun 2009
116 posts
AngelGdo's Avatar
AngelGdo
0 AP
Thanks for sharing this, I find it very informative.
__________________
What I desire, is no lees than what I deserve.
Sent- October 24, 2012 NSC
Biometrics - November 7, 2012
Approval- Waiting 15 Weeks, 2616 hours, 156,960 minutes and 9,417,600 seconds
  • Reply With Quote
Post your reply or quote more messages.
AngelGdo
View Public Profile
Send a private message to AngelGdo
Find all posts by AngelGdo
#6
11-16-2012, 05:10 PM
Senior Member
Joined in Oct 2012
567 posts
Cloudless
0 AP
Well, I hate to say this, but maybe Right Fringe House Republicans need to take a thorough beating in the next election for being the obstructionists that they are, before DA/CIR becomes a possibility.
  • Reply With Quote
Post your reply or quote more messages.
Cloudless
View Public Profile
Send a private message to Cloudless
Find all posts by Cloudless
#7
11-16-2012, 06:02 PM
BANNED
Joined in May 2009
6,763 posts
DA User
0 AP
CIR/DA together.
  • Reply With Quote
Post your reply or quote more messages.
DA User
View Public Profile
Find all posts by DA User
#8
11-16-2012, 06:39 PM
BANNED
Joined in Mar 2009
1,530 posts
Sonawabich
0 AP
Informative post. Thanks
  • Reply With Quote
Post your reply or quote more messages.
Sonawabich
View Public Profile
Find all posts by Sonawabich
#9
11-16-2012, 07:52 PM
Senior Member
Joined in Apr 2012
814 posts
DamLeon123
0 AP
The filibusterer is a f 'in sack of chicken-shit.
For cowards that like to hijack the popular vote, and wine and wine and wine,
like in 2010.
  • Reply With Quote
Post your reply or quote more messages.
DamLeon123
View Public Profile
Send a private message to DamLeon123
Find all posts by DamLeon123
#10
11-16-2012, 10:40 PM
Senior Member
From Dallas, TX
Joined in Oct 2010
1,152 posts
cooltalker's Avatar
cooltalker
0 AP
Can someone please explain me the constitutionality of the filibuster or the Hastert Rule?

The constitution requires at least 51 votes to pass a bill in the senate.Clearly, the filibuster is unconstitutional, because it hinders passage of a bill that has 51 to 59 votes, which is enough to pass the bill as required by the constitution.

The constitution requires at least 218 votes for a bill to pass in the House, so clearly the Hastert rule is unconstitutional because it hinders passage of any bill that does have those votes by disproportionating the vote of members.

I understand that the constitutions gives each chamber the right to set their own rules, but if those rules ultimately go against the rules set by the constitutional, then these chamber rules are unconstitutional as far as I see it.
  • Reply With Quote
Post your reply or quote more messages.
cooltalker
View Public Profile
Send a private message to cooltalker
Find all posts by cooltalker


« Previous Thread | Next Thread »

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page

Contact Us - DREAM Act Portal - Archive - Top
Powered by vBulletin®
Copyright ©2000 - 2026, Jelsoft Enterprises Ltd.