Locking Down ObamaCare

By Grant Bosse on December 22, 2009
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One of the most Orwellian provisions of the ObamaCare bill about to be pushed through the Senate is a section that will actually prevent future Congresses from amending the bill if it turns out to be as harmful as critics argue. Jonathan Adler at the Volokh Conspiracy examines how the current bill would tie our hands in the future if the American people elect a Congress that wants to amend or repeal ObamaCare.

The Senate health care bill contains provisions that purport to prevent a future Congress from revising portions of the legislation my majority vote. Specifically, at pages 1019–1021, the bill requires a three-fifths vote in order to alter or repeal recommendations made by the Independent Medicare Advisory Board.

Each chamber of Congress has the ability to set its own rules, including the adoption of supermajority requirements for certain procedures. But I don’t know of any law that protects itself from being amended, especially not a 2,000 page bill that will be approved with little debate, no chance for amendments, and no bipartisan support.

Regardless of what you think about the merits of the Reid health care bill, and no one really knows everything in the bill yet, locking down the provisions of a law from future amendment is a really dangerous idea.

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