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A sad day for New Hampshire

by: Mike Emm

Thu Feb 10, 2011 at 09:03:39 AM EST


In the non-stop circus that the GOP has made of the New Hampshire House, the clowns keep plenty busy pulling their zany stunts. A case in point is the performance of Representatives Vaillancourt and Blankenbecker in a Q&A session during the floor debate yesterday over HB89, the bill that orders the Attorney General to join the lawsuit against the healthcare reform law. The Attorney General has warned the legislature this is unconstitutional because it violates the separation of powers that is the basis of our constitution.

Vaillancourt : Rather than threatening to sue the state of NH, could the Attorney General, if he can't carry out his job and not  recognize legislative supremacy in this area, couldn't  he simply resign, so another Attorney General be appointed who would do the job?
Loud cheers from the peanut gallery.
Blankenbecker: Thank you, representative Vaillancourt. Yes that is a viable option.
Roars of laughter from the peanut gallery.

Got that? If the AG won't recognize that the House is the supreme authority in the land and bow to its whims, he needs to hit the road. My way or the highway. Funny stuff! Oh, by the way, Rep. Vaillancourt, the AG is not going to 'sue the state of New Hampshire'. He's going to sue the legislature. There actually is a difference.

Blankenbecker went on to call the Attorney General 'arrogant', 'defiant', 'sophomoric', 'unprofessional', and 'childish'.  All violations of House Rules of course. But hey, the circus is in town so who cares?

Mike Emm :: A sad day for New Hampshire
The shenanigans complete and the peanut gallery entertained, the House then passed a bill they'd been told was unconstitutional by 267 to 103.  266 of the votes to violate the constitution were from the GOP. The bill now goes to the very odd Constitutional Review and Statutory Recodification committee which will have no problem in affirming it is constitutional because it asserts the NH House is supreme. Hurray!

In related news, the House Commerce committee is hearing a bill today that orders the head of HHS to send a waiver to Washington that opts NH out of the requirement that individuals purchase health insurance contained in the Patient Protection and Affordable Care Act. Can we do this? Is this legal? Who the hell knows or cares any more? That's beside the point for this legislature. It's circus time, so bring on the clowns and the elephants!

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who was the one not a Republican? (0.00 / 0)




"When you get to the end of your rope, tie a knot and hang on."  Franklin D. Roosevelt    


knitting a shawl ? n/t (0.00 / 0)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
John Gimas (0.00 / 0)

A newbie from the Queen City.  

[ Parent ]
Five words to describe the NH House Republican Tea Party Members: (4.00 / 3)
'arrogant', 'defiant', 'sophomoric', 'unprofessional', and 'childish'
.



Have you told a stranger today about Bill O'Brien and his Tea Party agenda? The people of NH deserve to hear about O'Brien  and his majority committed to destroying New Hampshire and remaking it into a armed survivalist preserve.  


Let's Call Their Ideas... (0.00 / 0)
"arrogant," "sophomoric," "unprofessional," and "childish."  People will understand that.  Voters will respond.  

[ Parent ]
Humor Jim. It's called humor. n/t (0.00 / 0)


Have you told a stranger today about Bill O'Brien and his Tea Party agenda? The people of NH deserve to hear about O'Brien  and his majority committed to destroying New Hampshire and remaking it into a armed survivalist preserve.  

[ Parent ]
Yes, I Thought My Comment... (4.00 / 1)
...would make you laugh.  :)

[ Parent ]
I hope by the time they're done (4.00 / 2)
we can afford to live in NH.  Our retirement depends on keeping our property taxes in some reasonable range.  And selling our house with an enormous property tax bill for what is a very modest property would be a disaster.  
Can I sue the NH legislature if they put me on welfare?

Better idea (4.00 / 1)
Instead of Mike Delaney resigning, what about Blankenbecker?  



"When you get to the end of your rope, tie a knot and hang on."  Franklin D. Roosevelt    


Let's Not Keep Asking People To Resign.. (4.00 / 1)
...it gives them points in their internal ego system.  Let's beat them in the next election.

[ Parent ]
Humor Jim. It's called humor. n/t (4.00 / 1)


Have you told a stranger today about Bill O'Brien and his Tea Party agenda? The people of NH deserve to hear about O'Brien  and his majority committed to destroying New Hampshire and remaking it into a armed survivalist preserve.  

[ Parent ]
...And Laugh Even More. :) :} :] n/t (4.00 / 1)


[ Parent ]
"Shenanigans complete"? Not by a long shot... (4.00 / 4)
not to hijack the thread, but aside from the assault on the Executive, did anyone catch the hot shenanigan action on HR-6? If not...

While the Speaker is busy accusing Democrats of putting on "clown acts", the NH House under the "leadership" of the majority party yesterday, managed to waste $1,500 or so of taxpayer dollars on a roll car vote on HR6 - a piece of paper on which we'll now essentially tell Canada and Quebec in particular that we're mad at them for what a single NH citizen says has happened with his business, his land (in Canada) and the government of Quebec.

NH GOP - focused like a laser on...war with Canada!


That must have been quite the show. (0.00 / 0)

I wrote a few weeks back about our strange foray into foreign policy.  

This bill was on the consent calendar, so I guess some clever member of GOP leadership thought it would be a great idea to get everyone in the  legislature on the record regarding what they think of those dastardly Canadians?  How bizarre.

In related news, is there any truth to the rumor that Boss O'Brien plans to bring in a Foreign Minister for the House at $75K a year? His job will be to conduct foreign affairs and negotiate alliances with other countries on behalf of the sovereign state of New Hampshire.


[ Parent ]
Actually...it was pulled by a Democrat...doh! (0.00 / 0)
Regardless, the fact that it made its way into Roll Call Land is absurd.

[ Parent ]
If Rep. Cali-Pitts (D) had made a Table motion (0.00 / 0)
instead of a Postpone Indefinitely motion, I'd have supported that.  So would others I've talked to. I talked to her about this.  Making the right motion at the right time is important (for either side).  I wasn't ready to never consider it again (for the next 2 years), but I'd have tabled it till other options were exhausted.


BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.

[ Parent ]
Did she somehow prevent you from offering (4.00 / 2)
the pristine motion you require???

[ Parent ]
Our favorite lurker... (4.00 / 3)

voted to condemn the Canadian government and demand compensation and the appropriate obeisance from our neighbor to the north for their misdeeds. That's how serious a legislator he is.  

[ Parent ]
"Lurk" isn't really fair (4.00 / 1)
Seth is no wallflower...

[ Parent ]
Yeah, you're right... (0.00 / 0)

... and for that, at least, he deserves respect.  

[ Parent ]
Lurker? (0.00 / 0)
A lurker doesn't post.  Maybe you'll ask me why I voted for the bill, and not against it, instead of merely insulting me indirectly.

and Elwood: She made her motion, which failed.  The will of the body was pretty clearly defined, so in the interests of time, for a bill that was a statement of outrage (cue insulting Monty Python guards), I didn't see the need to make such a motion.  It wasn't about being 'pristine', it's about being effective - and please note: That was a non-partisan discussion about floor tactics.

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.


[ Parent ]
OK, I'll bite... (4.00 / 2)

Why did you choose to disregard the top lawyer in the state and vote for a bill that he stated categorically is unconstitutional? His rationale, that the legislature cannot order a member of the independent executive to either engage in or desist from a specific legal suit, seems pretty straight forward and convincing.



[ Parent ]
Counter examples exist to his claim (0.00 / 0)
The AG claims one thing.  The State/Fed committee uncovered facts that disputes that claim, repeatedly.  

Given that, I voted to send the bill to us on Constitutional Review, so Rep. Serlin, and myself, and the others on that committee can review the claim, the evidence for and against, and generate an opinion on behalf of the House, to bring back to the full body.

Oh, I'm sorry, you just wanted us to take his word for it?  Have you reviewed the evidence yet?  I haven't and I wanted to see it for myself before I made my mind up as to who was correct here.

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.


[ Parent ]
Counter examples exist to his claim (0.00 / 0)
The AG claims one thing.  The State/Fed committee uncovered facts that disputes that claim, repeatedly.  

Given that, I voted to send the bill to us on Constitutional Review, so Rep. Serlin, and myself, and the others on that committee can review the claim, the evidence for and against, and generate an opinion on behalf of the House, to bring back to the full body.

Oh, I'm sorry, you just wanted us to take his word for it?  Have you reviewed the evidence yet?  I haven't and I wanted to see it for myself before I made my mind up as to who was correct here.

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.


[ Parent ]
Seth (4.00 / 3)

Your a decent guy, but you are going on record here over and over again on the wrong side of historically solid constitutional law.

I'm not taking the AG's "word" for this and neither are the rest of my fellow dems here.  I learned about separation of powers in grade school and high school.

You and yours are living in a constitutional fantasy land at a time when NH can't afford inept meandering.



[ Parent ]
Chaz (0.00 / 0)
So all of the examples contrary to the opinion of the AG, are what?  Fantasies?  My 'job' is to look into the facts.

You have the opinion of someone who learned about separation of powers in grade school and high school (and btw, I did too... and I believe in the separation, and checks and balances), and if someone pointed you to examples that contradicted your belief gained in highschool, what then? Ignore them?

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.


[ Parent ]
No Brainer Test (4.00 / 1)

I don't really understand your points here--the balance of powers is considered one of the truly brilliant achievements of our forefathers--it's not "my" belief.

This issue simply doesn't pass the "no brainer" test.

To understand my bluntness please consider that as a blogger I've endured  years of "patriots"  lecturing me about the constitution.

Over and over relentlessly ( Think Richard Barnes Ed Naile and many of my Free State Friends)

Now, with legislation like this it is becoming apparent how little our right wing legislator really grasp.  


[ Parent ]
Rep. Blankenbecker's list of items (0.00 / 0)
The session audio/video isn't posted yet, or I'd point you to it.  She had a very good (and long) list of examples of places where the AG was certainly directed to do something, and he did so.  Perhaps he/she shouldn't have those times, perhaps it was all voluntary on his part, regardless of the law passed.  These are questions I intend to ask and find out more details.  Or again, should I just ignore the details and trust that Schoolhouse Rock's 3 minute songs are the final words on checks and balances and constitutional provisions, including NH's own unique version of those things.

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.

[ Parent ]
Really, it's Blankenbecker vs. Schoolhouse Rock 3? (4.00 / 2)

Those are the choices? I was taught in rhetoric when you are down to the straw man argument, you probably already are beaten.

How about Prof. Scherr, a constitutional law expert at UNH, who said the bill is "clearly unconstitutional."

It is a classic separation of powers, the idea being under the New Hampshire Constitution the executive branch has certain powers, the Legislature has certain powers, and the courts have certain powers. And that's by design. It's designed to be a balance and not to allocate too much power in one place.

But, heck, you are the Constitutional Review and Yada Yada Yada Committee, uniquely qualified to judge our laws. As proof, on your first at bat, you decided a bill that allows the state to arrest federal Law enforcement officers is just honky-dory, no possible constitutional issues whatsoever.

You guys are like a bunch of kids playing with matches.  


[ Parent ]
Chaz (0.00 / 0)
So all of the examples contrary to the opinion of the AG, are what?  Fantasies?  My 'job' is to look into the facts.

You have the opinion of someone who learned about separation of powers in grade school and high school (and btw, I did too... and I believe in the separation, and checks and balances), and if someone pointed you to examples that contradicted your belief gained in highschool, what then? Ignore them?

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.


[ Parent ]
What folderol. (0.00 / 0)
Once we voted on her motion, with all its flaws, I could see that the chamber would be deaf to my much more reasoned and persuasive proposal. Sadly, my role is once again to observe the inadequacy of my opponents...

- working on my thesauri for "bullshit" ...


[ Parent ]
remind me to hire you to ghost write... (0.00 / 0)
You make me sound far better than I do myself.

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.

[ Parent ]
War with Canada? (4.00 / 2)
Really not a bad idea!!! New Hampshire goes to war with Canada. loses... Canada annexes New Hampshire. New Hampshire residents finally get good health care. I hear a mouse roaring

"THE WELFARE OF EACH OF US IS DEPENDENT FUNDAMENTALLY ON THE WELFARE OF ALL OF US." Teddy Roosevelt

[ Parent ]
I'm assuming they got "legislative supremacy" from "parliamentary supremacy" (4.00 / 1)
A phrase used in countries like the UK where there is no separation of powers to describe the concentration of power in the national legislature.

That's not how it works on this side of the pond. You'd think Constitutional Conservatives would know.

Actually, no, you wouldn't think that.

--
Hope > Anarch-tea
Twitter: @DougLindner


Talk about prejudgments (0.00 / 0)
Why don't you wait till we in CRSR actually hear the evidence, and issue a decision?  If Rep. Serlin feels the committee didn't give the topic a fair discussion, I'm sure you'll hear about it.

BH's token Republican / Libertarian / TeaPartier / Free Stater, courtesy of a Federal Affirmative Action grant, despite many of his comments being marked down and hidden.

"Prejudgments" (4.00 / 3)
  1. WE are not the ones who voted on behalf of our communities, in ignorance. YOU are.
  2. "You in the CRSR" are pretend-Constitutional scholars, just as you folks are pretend doctors. We have no reason to defer until your next act of theatre.
  3. Whatever "you in CRSR" do, your gang has already wasted state money. It's just a question of how much more you piss away.



[ Parent ]
Sorry, pal (4.00 / 1)

but I know your chairman from of old, and today's roll call says how the members of the odd Constitutional Review and Statutory Recodification committee voted on this bill. As the saying goes, 'you don't need a weatherman to know which way the wind blows'. This bill will be back in front of the full circus with a recommendation of OTP.  

[ Parent ]
Violations of House rules are actionable by the Ethics Committee (0.00 / 0)
According to the General Court website, "Any Individual may lodge a complaint with the Committee alleging that a legislator, legislative officer, or legislative employee has violated a law, guideline, rule or regulation of the General Court."

http://www.gencourt.state.nh.u...

Here's a direct link to a PDF of the complaint form. Please encourage anyone who witnesses a violation of the rules to file a complaint. Complaints are confidential. This bipartisan committee must investigate complaints.
http://www.gencourt.state.nh.u...

The circus may be in town, but at least we can put the clowns on notice...

Tim McKernan


Gotcha! (4.00 / 1)
You and your "Ethics Committee."

State law requires that the House leadership appoint its members.

They haven't.

Who ya gonna call - the Ethics Committee?


[ Parent ]
I hope you're wrong (4.00 / 1)
The Ethics Committee section of the General Court website apparently hasn't been updated, but Tom Fahey seems to think the committe has been appointed:

"With appointments of attorneys Martin Gross and Brian Quirk, the Legislative Ethics Committee is in place. Gross chaired the committee over the past two years."
http://www.unionleader.com/col...

And, according to the legislative calendar they meet on the 15th.

Whether or no they'll provide a real check on legislative abuse of rules this session remains to be seen.

Tim McKernan


[ Parent ]
I hope so too - (4.00 / 1)
If the General Court has decided that the UL is now the official record of state government, no one will be surprised.

[ Parent ]
What a waste of time and money. (4.00 / 4)
How long before "separation of powers" is "unconstitutional"?

Or maybe it already is in the minds of the Bill O'Brien Statehouse.

Memo to the O'Brien statehouse:  John Lynch is the governor of New Hampshire.  John Stephen lost. Elections have consequences.  Here on planet earth, we have this country called the United States of America, and in it a state named New Hampshire, where the Attorneys General work for the executive branch of government.

Your show vote could have been 400 to 0 and it still would not have mattered.


birch paper; on Twitter @deanbarker


We don't need no stinkin' know nothings n/t (0.00 / 0)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
Yes, the Governor executes. (0.00 / 0)
That means he kills people.  We know that's what GWB understood and he's definitely not alone.

If you believe that the purpose of government is to tell people how to behave and, if they don't follow the rules, punish them, then it makes sense that all this other stuff democrats want is superfluous.
Telling people what to do and putting them in jail should not cost a lot.

If you want government to deal with the vagaries of man and nature, don't hire Republicans.  'Cause that's not their schtick.


[ Parent ]

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