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Coming Right-Wing Smear: Common Legislative Procedure Is "Chicanery"
Research ››› ››› MATT GERTZ
HotAir.com's Ed Morrissey is the first of what will no doubt become a flood of right-wing media figures falsely characterizing a proposal for Senate Democrats to extend the first legislative day of the session in order to build support for filibuster reform as them using "chicanery" to "change the definition of a day." But the legislative day "usually does not correspond" to the calendar day, instead lasting "from days to weeks, or even months."
Morrissey Falsehood: "Desperate" Dems Want To "Change the Definition of a Day"
Politico: Democrats May Extend First Legislative Day Of Session To Build Support For Filibuster Reform. Politico reported:
The debate rests around a series of proposals put forward by several Democrats, including one by Sen. Tom Udall (D-N.M.), who says that the Constitution gives the Senate ability to set its rules -- and that on the first legislative day, such changes can be made by a simple majority of 51 senators. Since rule changes typically require support from two-thirds of the Senate, Majority Leader Harry Reid (D-Nev.) is facing new pressure to simply extend the first legislative day by recessing the chamber at the close of business -- rather than adjourning. That move could extend that first legislative "day" for several weeks and could give Democrats more time to build support for their proposal.
Sixty-seven votes would be needed to change Senate rules, a highly unlikely scenario in a polarized chamber where Democrats hold a 53-47 majority. But the Constitution allows each house of Congress to set its own rules, and on the first day of the new Senate, a simple majority of 51 senators may be allowed to vote to change Senate rules after parliamentary rulings are made by the presiding officer, Vice President Joe Biden.
Udall, the New Mexico Democrat, has long planned to push on the first day of the new Congress what he calls the "constitutional option" -- to allow future rule changes to be made by a simple majority vote. That would allow for subsequent changes to the filibuster rule to be made if Democrats limit their defections to just two members. [Politico, 1/4/11]
Morrissey: Dems Pushing "Posterior-Protecting Absurdities, Like Insisting That A Day Can Last For Weeks." Morrissey commented on the Politico article (emphasis added):
Surprise! Despite the clamor on the Left to "reform" the filibuster now that Democrats have lost most of their Senate majority, some Democrats have looked ahead to the next election and balked at making the majority omnipotent. A flurry of proposals to change the rules to end or neuter the filibuster have clogged the process, with none of them gaining a consensus. "Reform" backers have become so desperate that they want to change the definition of a day in order to get more votes:
Why, that's exactly what voters had in mind during this past midterm election! They turned out in droves to vote for even more chicanery and posterior-protecting absurdities, like insisting that a day can last for weeks. That has an additional, practical complication; it would appear to require Joe Biden to continuously preside over the Senate, as the Vice President does on the first day in a session. It's not as if Biden is especially busy, of course -- Wreckovery Summer is long over -- but even Senators can only take so much of Sheriff Joe. [HotAir.com, 1/4/10]
Extending The Legislative Day Is "Not A New" Tactic, It's Been "Done Hundreds Of Times"
Congressional Experts Say Proposal to Extend Legislative Day "Not Improper," "Done Hundreds Of Times."
- AEI's Ornstein: "Unconventional, But Not Improper." American Enterprise Institute congressional scholar Norm Ornstein: "the Senate has often defined a legislative day to last more than one day. This is unconventional, but not improper." [Media Matters, 1/4/11]
- Washington University In St. Louis' Smith: "Both Parties" Have Used Procedure "With Great Frequency." Steven Smith, a congressional expert and political science professor at Washington University in St. Louis: "It has been done hundreds of times, it is not improper, and it is done in order for the convenience of the Senate. ... The rules allow for a certain number of activities that occur in each Senate day, and a recess continues the legislative day from one calendar day to the next. That happens with considerable frequency. Both parties have availed themselves of that option with great frequency." [Media Matters, 1/4/11]
Senate.gov: A Legislative Day "May Extend Over Several Calendar Days Or Even Weeks And Months." From Senate.gov:
legislative day - A "day" that starts when the Senate meets after an adjournment and ends when the Senate next adjourns. Hence, a legislative day may extend over several calendar days or even weeks and months. [Senate.gov, accessed 1/4/11]
House Document: "The 'Legislative Day' Usually Does Not Correspond To The 24-Hour Period Comprising A Calendar Day." According to "How Our Laws Are Made," a document "prepared by the Office of the Parliamentarian of the U.S. House of Representatives in consultation with the Office of the Parliamentarian of the U.S. Senate" and published in 2003, when both houses were controlled by Republicans:
In the Senate, the term ''legislative day'' means the period of time from when the Senate adjourns until the next time the Senate adjourns. Because the Senate often ''recesses'' rather than ''adjourns'' at the end of a daily session, the legislative day usually does not correspond to the 24-hour period comprising a calendar day. Thus, a legislative day may cover a long period of time--from days to weeks, or even months. ["How Laws Are Made," 7/20/03]
NY Times: Tactic "Not A New One," Record "Legislative Day" Lasted 162 Calendar Days. From The New York Times:
The tactic of defying the calendar and keeping the Senate in the same legislative day is not a new one. According to the Senate Historical Office, Senator Robert C. Byrd of West Virginia, then the majority leader, set the record of 162 days in 1980 when he kept the Senate in the same legislative day from Jan. 3 to June 12 over filibuster changes. [The New York Times, 1/3/11]
Conservatives Have Repeatedly Mischaracterized Democratic Procedural Tactics
Right-Wing Media Falsely Claimed Reconciliation Was "The Nuclear Option." After progressives began calling on Democrats to pass health care reform using the budget reconciliation process, right-wing media figures began falsely refer to the tactic as the "nuclear option" and characterized Democrats who previously opposed the "nuclear option" as hypocrites. In fact, "nuclear option" is a term coined by former Sen. Trent Lott (R-MS) to refer to a procedure that would be used to change Senate rules; reconciliation requires no rule changes and was used repeatedly by Republicans during the Bush administration.
- Fox News: "Will H'Care 'Nuclear Option' Nuke Economy?" [Fox News, 3/6/10, via Media Matters]
- Drudge: "Obama to Trigger Nuke Option on Healthcare." [Drudge Report, 3/3/10, via Media Matters]
For more right-wing misinformation on the nuclear option, click here.
Right-Wing Media Falsely Claimed "Self-Executing Rule" Would Pass Health Care Without A Vote. In March 2010, right-wing media falsely claimed that, in the words of Fox's Bill Hemmer, the House was considering a "self-executing rule that does not require a single vote" to pass health care reform. In fact, implementing the proposed procedure would have required a majority vote.
- Gerson Claims Dems Looking To Pass "A Law Without A Vote." [The Washington Post, 3/17/10, via Media Matters]
- Fox Still Baselessly Claiming Dems Plan To Pass Health Care Without A Vote. [Fox News, 3/16/10, via Media Matters]
For more right-wing misinformation on the self-executing rule, click here.
- Posted In
- Government, The Senate
- Person
- Ed Morrissey
- Show/Publication
- HotAir
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Nearly 2 million viewers watched Curtis Stigers and the Family Guy creator Seth MacFarlane join the BBC Proms for a celebration of 75 years of MGM musicals on BBC2 on Saturday 1 August.
The live coverage of the BBC Proms 2009 pulled in 1.9 million viewers and a 10% share between 7.30pm and 9.30pm, according to unofficial overnight figures.
BBC2's Proms coverage, which included songs from The Wizard of Oz and Singin' in the Rain, eclipsed a double helping of the final series of ER on Channel 4, which drew 600,000 viewers between 7.05pm and 9pm.
The final 30 minutes of the Proms also beat Channel 4's Big Brother, which pulled in 1.6 million viewers and an 8% share between 9pm and 10pm.
The two episodes of ER, already broadcast on More4, picked up another 32,000 and 27,000 viewers on the digital catchup service Channel 4 +1, while another 283,000 saw Big Brother on the timeshifted channel.
An unseasonal repeat of a Doctor Who Christmas special attracted 2.1 million viewers and a 14% share on BBC1 between 6pm and 7.05pm. Doctor Who was easily beaten by a repeat of ITV1's You've Been Framed, which drew 3.7 million viewers and a 24% share.
Casualty was BBC1's most popular programme of the night, with 5.1 million viewers and a 25% share between 8.55pm and 9.45pm. The BBC1 medical drama beat the opening half of an A Touch of Frost repeat on ITV1, which averaged 3.5 million and 18% between 8.55pm and 10.55pm.
A televised version of Will Ferrell's Broadway satire, Will Ferrell: You're Welcome America, attracted 400,000 viewers between 10pm and 11.05pm on Channel 4. Another 75,000 viewers watched on Channel 4 +1.
The Ferrell show was beaten by Channel Five's most-watched show of the night, a repeat of the US drama CSI that had 1.2 million viewers, 7% of the audience.
Over on BBC2, the last of the five-part documentary series Blood and Guts: A History of Surgery, finished with 1 million viewers, a 6% share, between 10.10pm and 11.10pm.
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Jackals.Fede wrote:All seem to be the wild dog, dingo, coyote variety....
."Your Majesty, why should one who follows the path leading to supreme enlightenment, who is like the lion, king of beasts, salute those who follow the Hinayana, who are like jackals? -- A Treasury of Mahayana Sutras, Garma Chang page 116
BlackBird wrote:Is this a response to perceived 'Mahayana prosthelytizing'?
plwk wrote:http://www.youtube.com/watch?v=qXo3NFqkaRM&feature=related
appicchato wrote:http://www.youtube.com/watch?v=z2BgjH_CtIA
appicchato wrote:http://www.youtube.com/watch?v=z2BgjH_CtIA
Fede wrote:Aw.... the poor thing....!
Classic answer to "Can animals dream?" though, isn't it?
My dog used to twitch a lot, and whimper... he woke himself up one day, by barking...
One loud 'woof!' then he sat bolt upright as if to say "What the hell was that?!?"
Fede wrote:And they smell.
They do.
They do smell.
Boy, do they smell.....
No matter how well I fed my dog, he always managed to find some far more savoury and nutritious titbit, hidden in the undergrowth during walks, doubtless left, abandoned or dropped there by some passer-by or Mother Nature.... naturally it was probably in an advanced state of decay...or worse, decomposition.....it didn't matter how fast I moved, he ate faster.... and we all got to enjoy his illicit meal, or the natural process of it, several hours later, in the quiet confines of the living room....which would promptly empty in record time.
Even in the harshest of deepest winter, an open window wasn't an uncommon occurrence, chez nous.....
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Jaymee Heineke
2012: Saw action in three games.
High School:Four-year letterwinner in lacrosse ... helped team to state championship as a freshman, where it was a runner-up ... second-team all-South District selection her sophomore year ... named Great Lakes National team member in 2009 ... a member of the first-team all-South District as a senior.
Personal: Born on November 7, 1992 ... daughter of Chet and Karen Heineke ... has one brother ... undecided on academic major.


text: The Brian Lehrer Show Published by The Brian Lehrer Show Showdown in Nassau County, part two Download this audio Want to embed this player? Use the code below. More info. <iframe frameborder="0" scrolling="no" height="130" width="100%" src="https://www.wnyc.org/widgets/ondemand_player/wnyc/#file=/audio/json/26029/&share=1"></iframe> Share on Facebook Share on Twitter Email a Friend Thomas Suozzi, Nassau County Executive (D) levels charges against federal immigration agents for questionable practices during gang raids.


text: LG yesterday announced a new set of fitness-oriented earphones, which are designed to offer real-time heart monitoring. The earphones, which connect to a small medallion that is strapped on an arm or waistband, track both metabolic rate and maximum oxygen consumption while allowing users to listen to music. They function through sensors that measure blood flow through the inner ear. In addition, the Heart Rate Monitor Earphones include an accelerometer that measures a wide range of data, including distance, calories burned, steps taken, and more. It also includes hi-fi sound and a built-in microphone for phone calls. The add-on medallion that connects to the earphones serves as a data processing hub that sends real-time biometric information to an iPhone via Bluetooth, which can be accessed by the LG Fitness app. The earphones are also designed to work in conjunction with LG's recently announced Lifeband Touch activity monitor. Along with the LG app, the earphones can sync with popular third-party apps like MyFitnessPal and Runkeeper. The earphones will ship during the first half of 2014 and will retail for $179.99. Article Link: CES 2014: LG Debuts Earphones That Monitor Heart Rate


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In April, I wrote a piece chastising Madeline Bunting for her willful invocation of the Courtier's Reply, in which she attacks atheists for criticizing the beliefs actually held and practiced by billions of people, rather than the beliefs of a tiny minority of theologians and pundits like herself.But let it not be said that we shy from a challenge. In this post, I'll take up the issue of religion as it is held by Bunting and others of like mind.Here's how she defines her own … [Read more...]
The God of Shadow and Vapor
Moving Beyond Awe
The nineteenth-century German theologian Rudolf Otto, in his book The Idea of the Holy, popularized the term "numinous", an adjective describing the sense of mystery and wonder that purportedly stems from the presence of a deity. According to Otto, the sense of the numinous had two main characteristics: the mysterium tremendum, the sense of fear and trembling that comes from the presence of that which is wholly other, and the mysterium fascinas, the sense of fascination and curiosity that such … [Read more...]
Thoughtful Iconoclasts: A Response to Madeleine Bunting
I last mentioned Guardian columnist and Templeton Foundation fellow Madeleine Bunting in 2007, in "On Being Uncontroversial". She's recently written another column attacking atheism, alleging that the New Atheists are drowning out, in her words, "real debates" about religion and faith.Personally, I don't see the basis of her complaint. I think we've been provoking some very good debates - about the proper role of religion in society, how much influence it should have, whether and to what … [Read more...]
Book Review: The Little Book of Atheist Spirituality
(Editor's Note: The following review was solicited and is written in accordance with this site's policy for such reviews.)Summary: A quiet, thoughtful, non-polemical book. At times Comte-Sponville comes close to conceding more than he should, but his positive evocation of atheism is a much-needed effort and may be appealing to theists grappling with the first stirrings of deconversion.Andre Comte-Sponville's The Little Book of Atheist Spirituality is a unique book. Though written by an … [Read more...]
Inspired by a good post on Spanish Inquisitor, as well as a similarly good post by Greta Christina (the atheistic stars have aligned!), I had some thoughts about the role of mysticism in religion, especially as it relates to sex.Freethinkers should be working to disseminate accurate information about sex, of course - information on how to choose a sexual partner, how to use birth control effectively, how to get an abortion if need be, how to be respectful and responsible toward one's partners, … [Read more...]
Further Thoughts on John Haught
Since the comment thread for my post "On Amateur Atheism" has sparked a lively debate, I looked around on the internet earlier today for some further explanation of John Haught's views. I found them in this Salon interview, and I'd like to offer some further comments on the theology outlined therein.One of Haught's major points regarding modern atheists that they rely too much on scientific inquiry to learn about the world:Therefore, since there's no scientific evidence for the divine, we … [Read more...]
Book Review: The End of Faith/Letter to a Christian Nation
The End of FaithSummary: An incendiary polemic against unjustified belief. Many strong points, strongly made - but what on earth is that endorsement of psychic powers doing in there?With the 2004 publication of his book The End of Faith, Sam Harris has probably become one of the best-known and most influential atheists in public discourse today. In this review, I will briefly summarize this book and then offer some remarks.Chapter 1, "Reason in Exile," talks about the pervasiveness of … [Read more...]


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oakley womens sunglasses Bravo truly has something good going with the housewives, and especially with the "Real Housewives of New Jersey." They aren't responsible though, for what the housewives do when they're not on the air, and that has caused serious problems for Teresa Giudice. Her legal issues have really come back to bite her, and has her with a celebrity net worth of negative million.Net worth: - millionSalary: 0,000 per seasonThat's right, a lot of the legal issues regarding Teresa Giudice and her husband Joe Giudice have caused her to have a net worth that is on the negative side of things. Believe it or not, Teresa has a degree in Fashion Marketing and Management even though she never really uses it. She did long ago though. After leaving college, she was a contributor for "Vogue" magazine and also worked at Macy's as an accessories buyer. She has published two cookbooks and even developed her own jewelry line called "TG Fabulicious." She also produces a clothing line along with hair bows and hats for young girls and women. In 2011, the couple filed for bankruptcy and claimed to be more than million in debt at the time. In mid-2013, they were indicted on 39 counts of conspiracy to commit mail fraud, bank fraud, wire fraud, bankruptcy fraud and making false statements on loan applications. During their court appearances, it was revealed that Joe and Teresa Giudice overstated their incomes to receive around .6 million in lines of credit and mortgage payments. According to reports, Teresa was the second-highest paid housewife on Bravo, and she was only behind NeNe Leakes. Check out the page for the Orlando Pop Culture Examiner for the latest celebrity news and a lot of other articles on the celebrity net worth of your favorite stars.For e-mail updates whenever a new article is posted, please subscribe at the bottom of the page and follow me on Twitter, GoogleBuzz, or join my group on Facebook and Celebrity Buzz.


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|Patriots Look Poised For Another Super Bowl Run
|Bruins Trade For Drew Stafford
|Black and Gold Bruins Turn Yellow On Parade Day
|Inconsistency Will Continue For Bruins Unless A Change Is Made
The winter meetings have come and gone and the Mitchell Report stole the spotlight. But with the New Year now looming, we look back at the trade and story that had baseball buzzing.
The Sox have structured many separate deals around Jon Lester and Jacoby Ellsbury. But they would not budge on including them both. Clay Buchholz might as well be considered untouchable and the Twins know this. So that left the Twins and Sox at a standstill, with neither club willing to blink. So with Boston and Minnesota in a stalemate, who else could snag the future Hall of Fame lefty?
The Mets have what the Twins want (Jose Reyes) but the Mets feel that Minnesota wants Reyes and quite a few of their top prospects which would decimate their farm system. A move that daring Mets GM Omar Minaya is not willing to do just to make a splash. I think he's learned his lesson since the Pedro deal. Reports also indicate the Mets have no desire to move Reyes, period.
With the Mariners out of the race because they lack true top-tier prospects the Twins seek, that leaves the luxury tax giant, New York Yankees. They were close offering many different combinations of prospects and including breakout OF Melky Cabrera. The Twins are not looking to move a star like Santana just to save money, they truly want stars to build their club around and compete in the future. They wanted top pitching prospects Ian Kennedy and Phil Hughes. The Yankees balked at first to such a deal, but with Boston already being touted as the favorite to repeat next season, the pressure in the Bronx could force Hank Steinbrenner to make the call to win now.
When it comes down to it, out of the three favorites to land Santana, Boston has the most to offer with their flexibility. The Sox are absolutely spoiled with their excellent farm system. They have MLB-ready players waiting for their moment, but may never see Fenway because of the stars currently on the Sox roster. They also have the money to get the deal done. The days of Yankee envy are over. The Sox have taken the formula of establishing a great farm system from the Angels and Braves and the lavish spending of the Yankees and combined the two philosophies to make a dangerous combination. They will not hesitate to throw a six-year, $150 milion Johan's way if they can get a deal done with Minnesota.
ESPN.com's Jayson Stark reports that the Twins are willing to wait out until Spring Training to get the package they truly want. Whether Santana and his agents will allow this, remains to be seen. My take is that a deal will get done before Spring Training, I'm doubtful that Santana will waive his No-Trade clause that late in the off-season.
While I do believe the Sox will make a deal before the off-season ends, it may be for a lefty, but not Santana. Many throughout baseball believe that the other lefty, with the dominant change-up, Erik Bedard, might be a better more viable option for Boston. Baltimore is in such shambles now without Miguel Tejada, they be desperate enough to be asking for much less than the Twins. Bedard is most likely going to be easier to sign than Santana. Whatever happens, expect Theo Epstein and the Sox to make a big splash before all is said and done.
Couple more points.
The Mets and Twins right now arn't even talking about Reyes because Minaya has said no way he is trading him. But the Twins have said no way they are trading Santana without Reyes. But the deals continue to go. The current offer would be a 4 player deal centered around center fielder Carlos Gomez. But the talks are still far apart.
And as far as Eric Bedard goes, there have been zero to no talks. Baltimore most likely would not give him to another AL East team even if the East offered a better deal. The Orioles are a very tight team and stick to their guns. Its looking a lot more likely that Seattle will land him with some kind of deal centered around CF Adam Jones.
Last thing is 6 years and 150 million is a ton when he is looking for 7 years at not much more then 140. If Johan Santana opened up a 72 hour negotiation window with Boston most likely he would want to sign here and wouldn't press having more then 20 million a year. Seven years and 140 million would be the deal I see getting done. After all Johan and the Twins would have already made a deal if it wern't for the years, but he was comfortable making about 19-20 million a year.


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|(Photo credit: Wikipedia)
His concluding paragraph sums up his thoughts:
"Now you are seeing the results in the students arriving at your institutions. They may be very bright. But we have not been able to prepare them for the kind of intellectual work that you have every right to expect of them. It is for this that I apologize, even as I know in my heart that there was little more I could have done. Which is one reason I am no longer in the classroom."While Bernstein's conclusion is very general, he also cites some concrete reasons for the state of the current crop of students heading out of our public high schools being ill-prepared for what is ahead of them.
"...most of the tests being used consist primarily or solely of multiple-choice items, which are cheaper to develop, administer, and score than are tests that include constructed responses such as essays. Even when a state has tests that include writing, the level of writing required for such tests often does not demand that higher-level thinking be demonstrated, nor does it require proper grammar, usage, syntax, and structure."According to Bernstein, these problems also carry over into Advanced Placement courses due to the nature of the AP Exams. As a teacher who spent time scoring the writing portion on the exams, he saw limitations in the scoring mechanism.
"If a student hits the points on the rubric, he or she gets the points for that rubric. There is no consideration of grammar or rhetoric, nor is credit given or a score reduced based on the format of the answer. A student who takes time to construct a clear topic sentence and a proper conclusion gets no credit for those words."Unfortunately, with PARCC testing due to commence in 2015 for our students, we are looking ahead to even more time spent on standardized testing and not less.