Skip to comments.Food Safety Bill Passes Senate, But Constitutional Mistake Makes It Dead In The House
Posted on 12/02/2010 5:38:27 AM PST by ChrisBoundsTX
It is times like these you know Harry Reid is thinking that Constitution is such a pesky thing.
After spending its very limited time on a largely unknown bill that Democrats would have touted as a major success, it turns out that they overlooked one tiny little problem in the bill.
Article I, Section 7 of the Constitution states that tax increases must come from the House of Representatives. Unfortunately for Reid and Senate Democrats Section 107 of bill S510 includes fees that are designated as revenue raisers. That is political talk for a tax. Since that right is held by the House, the Ways and Means Committee is expected to give the bill the blue slip.
"Section 107 of the bill includes a set of fees that are classified as revenue raisers, which are technically taxes under the Constitution. According to a House GOP leadership aide, that section has ruffled the feathers of Ways and Means Committee Democrats, who are expected to use the blue slip process to block completion of the bill."
We understand there is a blue slip problem, and we expect the House to assert its rights under the Constitution to be the place where revenue bills begin, the GOP aide said."
"The blue slip could lead to one of two likely outcomes. Senate Majority Leader Harry Reid (D-Nev.) could simply drop the issue and let the next session of Congress start from scratch, a strategy that would allow him time in the lame-duck session to tackle other last-minute priorities, such as the expiring 2001 and 2003 tax cuts, a long-term continuing resolution, an immigration bill and a repeal of the militarys ban on openly gay service members."
"Or he could try to force the issue in the Senate after the House passes a new version of the bill. But in order to do that and still tackle the other issues, he would need a unanimous consent agreement to limit debate."
"According to Senate GOP aides, a unanimous consent agreement is all but certain to be a nonstarter because the bills chief opponent, Sen. Tom Coburn (R-Okla.), will not agree to such a deal."
Meanwhile, Reid is still promising to force a vote on the DREAM Act. This has been a project of his for some time, which grants amnesty for many illegal aliens in the country. This is all taking priority over extending the Bush tax cuts (or should I say preventing the Obama tax increases) that are set to expire at the end of the month. If you are curious about how much your fair share of taxes will be next year if Congress fails to act, click here.
Are there no Republicans on the House Ways and Means Committee?
Is the “blue slip” not an option for Republicans on the House Ways and Means Committee?
Please pardon my ignorance.
I don’t believe it. I don’t know factually a reason this would be done, but the House as the source of all bills for taxation is known by even the janitors in D.C.
I don’t believe this was an oversight on the part of the Dems. There’s too damned many of them that one of them wouldn’t have seen the problem before hand.
Perhaps it was a purposeful move to cause a source of blame to relieve certain persons of the responsibility of promises made to Monsanto lobbyists, or something along those lines.
NO WAY am I going to believe this was an oops!
So was this combined cleverness on the part of the House leadership and some GOP senators? Were they cognizant of the constitutional issue all along, but did they not raise it until after the Senate vote in order to assure this outcome?
I’m assuming the too-many GOP senators that voted for it kept quiet simply because they hoped it would squeak through unnoticed.
You are assuming that Senators read the bills. I think we all know that is hardly the case.
Too true in too many cases.
But I can’t believe that Coburn missed this. Letting them arrogantly move the bill with unconstitutional provisions may be the only way to have at least stalled its full passage.
House Democrats will just deem it passed.
Didn't take long did it?
There were Republican sponsors of SB510, too, namely Lamar! Alexander (Rino) TN.
The Left IS the Left no matter Dems, and,or RINO's.
If so I’d say it was a clever move.
THE WALL STREET JOURNAL
* DECEMBER 2, 2010
‘Food Safety’ and the GOP
Republicans enable more Obama regulation.
The Senate waved through the largest expansion of food regulation since FDR on Tuesday, 73 to 25, and maybe the bill won the votes of 13 Republicans because there was hardly any public controversy. These days, the government needs to take over entire industries to get anyone to notice.
Not that this bill in the name of food safety isn’t a down payment. The Food and Drug Administration will gain new powers over the 2.2 million farms and 28,000 food producers in Americaincluding federal standards for agricultural practices and food processing, transportation and storageas well as the authority to mandate nationwide recalls.
Not only did he vote for it (Corker, too), Lamar! was a co-sponsor! I called his office last week to voice my discontent and his staffer hung up on me! I didn't even get to rude. All I did was ask them if they'd read the bill and had any idea what it would do to small farmers like me. At that point "click", and dial tone. I tried calling back and it stayed busy for the next two hours.
Do they not know what this bill could mean for our food production?
I think they know exactly what it means. ADM has been trying to get exclusive rights on various seeds and methods of production for years. If there were any investigative reporters around they would be wise to be looking into the financial holdings of everyone who voted for this boondoggle. When the facts don't add up, follow the money.
BTW, Corker is up for re-election in '12. Lamar! is up in '14.........
Tuesday, November 30, 2010
Senate passes Food Safety Act with Tester’s amendment
Posted by Matthew Frank on Tue, Nov 30, 2010 at 9:58 AM
This morning the U.S. Senate passed the Food Safety Act, a sweeping overhaul of the nation’s food-safety system targeting factory farms that have sent tainted eggs, spinach and peanuts to market. The legislation, which passed by a vote of 73-25, includes an amendment written by Montana Sen. Jon Tester intended to protect small farms from new Food and Drug Administration regulations.
Todays vote is a huge victory for all family farmers, growers and food processors, but more importantly, its a win for anyone who consumes food,” Tester said in a statement. “This bill as amended strengthens our food safety while protecting the jobs and livelihoods of folks who put good food on our tables. Now its time to get this bill across the finish line and get it signed into law.
Under Testers amendment, food producers with less than $500,000 in annual sales would not be subject to new federal requirements if they sell the majority of their food directly to consumers within the state, or within a 275-mile radius of where it was produced.
The U.S. House of Representatives, which passed its own version of the bill last year, must now decide whether to pass the Senate’s legislation. The chamber may have to if it hopes for a food safety bill to reach President Obama’s desk by the end of the session.
The price offered to farmers for grain (wheat, corn, sorghum) shot up by about 10% yesterday after drifting down for a few weeks. Soybeans $0.40. Looks like this bill will nip the food customer big time.
My grandfather raises cattle. Recently he told that due to the costs of raising them for beef (corn, wheat, grains, etc.) that next year they will likely go for double the price. This year is already up 23% over last years price.
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