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  • Understanding Boxer’s Procedural Gambit

    Today, Republican Senators boycotted the scheduled markup of the Kerry-Boxer (S.1733) cap-and-trade bill because the Environmental Protection Agency did not complete a comprehensive economic analysis of the legislation. Senator Boxer (D-CA), who chairs the committee, had threatened to break with committee precedent and move forward without the participation of Republicans. According to CQ Politics:

    Because two members of the minority party must attend in order for a markup to proceed, Boxer has scheduled a “committee business meeting” — an apparent procedural gambit designed to allow work without a GOP quorum.

    Ultimately, she decided to postpone consideration and said in a statement:

    To meet your concerns, however, and in the spirit of collegiality, I have arranged for a recess of the markup to take place Tuesday, November 3, at 2:30 pm, so that EPA can be available to answer questions from EPW members on its analysis. In addition, we are offering to extend the deadline for first-degree amendments on the Minority side until close of business tomorrow. Of course, we will follow the rules of the Committee and the Senate as we proceed.

    At the moment, Senator Boxer seems intent on moving forward without a comprehensive economic analysis, which means she will move without Republican participation and potentially run afoul of committee rules, which state:

    BUSINESS MEETINGS: At committee business meetings, and for the purpose of approving the issuance of a subpoena or approving a committee resolution, one third of the members of the committee, at least two of whom are members of the minority party, constitute a quorum, except as provided in subsection (d).

    Boxer and her staff appeared to have latched on to the exception provided in subsection (d), which states:

    (d) REPORTING: No measure or matter may be reported to the Senate by the committee unless a majority of committee members.

    One reading of the committee’s rules is that this exception would allow Boxer to pass the bill out of committee. However, it would preclude amending the legislation in committee which may alienate some of the committee’s moderate Democrats who are uneasy with many of the bill’s provisions. Alternatively, as chair, Boxer could interpret the rules to mean amendments could be debated and voted upon even without participation of the minority. Both scenarios have been described as “nuclear” and “toxic.”

    The American people should be very concerned how this process is playing out. Much like the debate over health care reform, the Senate is engaging in an opaque process and may very well trounce the rights of the minority.

    Posted in Energy [slideshow_deploy]

    9 Responses to Understanding Boxer’s Procedural Gambit

    1. Leon, Durango, CO says:

      Look, the new Plutocratic 'think' is it is cheaper and easier to feed people than it is to kill them. The Democrat's final solution, the next holocaust is by lock down. What individual economic is "harmless" politically? That will be the new American norm. Graduated Income Tax will keep individuals in the harmless catagory. It is so sad to watch Boxer (and the gang) take over American Medicine with phony procedures. Isn't that also illegal?

      Regressive is such a kind word for Cap and Trade, so much worse than Income Tax, just give the Plutocrats all the money they want. That's the same kind of gambit as the Federal Reserve, it is THEFT, plain and simple. But let's not forget our History, how the half vast left wing conspiracy put in the Income Tax (graduated for 'social justice' HA!) Theft is justice! Doesn't that just kill you? The new theft (cap and trade) is even better than the Income Tax, completely underground if Nancy and Barbara Boxer get their way.

      Regressive is said of Income Tax, and that is such a kind word for something that is destructive of our Country in so many ways. It is the source of runaway Greed! See? The rich are never allowed to be secure. Instability is a crazy thing for a government to be installing in Economics! Not a tax collection system, the IRS, but a Control System. The monstrous Tax Code is political manipulation. The Constitution does not allow within the enumerated powers the Animal Farm that Obama intends. So the trick is, nobody can bring the Case to prove the IRS is Unconstitutional. Cap and Trade has to be unconstitutional, but likewise it will never see the light of day (the Supreme Court).

      The Income Tax abomination has never been challenged in Court! It is absolutely illegal, easy to see, a criminal tax system. God! It wastes the People's capital. It lets the government spy, list and track all its citizens by number, the 'dangerous' ones (that means you have a little money to be activist with) the IRS can get them four times a year. The Supreme Court (bound by oath (ha, ha)) has looked the other way for almost a hundred years. Don't they abuse their Oaths failing to take the test case? Oh, they will rule on something else but they will never rule on the Constitutionality of the Income Tax.

      Likewise, they will never Rule on the Constitutionality of Cap and Trade.

    2. Bill Lee, ArkLaTex a says:

      Cap and Trade or the nickname, Cap and Tax is the most economically devasting bill to ever be proposed by Congress. This bill if enacted will ruin this country. The poor who struggle by will fail to survive, the middle class will be no more, and the rich will have a much lower style of life. Production of wealth by free market activities will grind to a slow pace.

      Life will never be the same again for America.

      All this for an unproven theory that has been proven to be true!

      We must move to stop this nonsense.

    3. Bill Lee, ArkLaTex a says:

      Correction"All this for a theory that has not been proven to be true"

    4. Freedom of Speech TX says:

      Yes Ma'am.

      Please address me as Senator. I have worked hard for this position.

      Yes, you have.

    5. Tax-alot says:

      Cap 'N Tax, terror of the high seas.

    6. Pingback: Shopfloor » Blog Archive » Contact the Imperial EPA about its Power Grab on C02 Emissions

    7. Pingback: Kerry-Boxer – Fifth Version Still Not the Charm | Conservative Principles Now

    8. Pingback: The Cap and Trade Boycott Continues | Conservative Principles Now

    9. Pingback: Boxer’s Procedural Gambit Pushed Bill Out of Committee | Conservative Principles Now

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