The Extraordinary Way that the House Passed the Payroll Tax Extension
In my undergrad Congress course, I occasionally ask the following question on midterms: “True or False: The House can pass a bill by unanimous consent.”
The answer is true, and about five hours ago, the House did just that. Specifically, John Boehner and other House Republicans made an agreement with the Senate and White House, and they codified the agreement into a bill, H.R. 3765.
As you can see in this C-SPAN video, when Boehner entered the House this morning, he first allowed the House to perform some perfunctory duties, like the morning prayer and pledge of allegiance. Next, he recognized Joanne Emerson, a Republican from Missouri.
“I ask unanimous consent,” said Emerson, “that the committees of referral be discharged from further consideration of H.R. 3765 and ask for its immediate consideration in the House.”
Note that she used the word “consideration,” which means that the House members can immediately debate the bill, and after debate, have a roll call vote on the bill. Instead, as I’ll discuss in a moment, Boehner treated her request as if she said “passage” instead of “consideration.”
At this point, Boehner is supposed wait a moment to see if anyone says, “I object,” and if no one does, he is supposed to say “Without objection, it is so ordered.”
Instead, Steny Hoyer, a member of the Democratic leadership, asks to be recognized—i.e. to be allowed to speak. Boehner indeed recognizes him, and Hoyer makes a short speech. According to the rules, Hoyer was not really supposed to be allowed to make a speech. Instead, Boehner is supposed to settle the unanimous consent request. But the speech was short, and I suspect that Boehner didn’t really mind.
After Hoyer speaks, Boehner says, “Without objection, the bill is engrossed, read for a third time and passed, and the motion to reconsider is laid upon the table.”
Note that Emerson, in her request, asked nothing about engrossing the bill, reading it for a third time, or passing the bill. Instead, as is common in legislative bodies, the speaker pretends that the unanimous consent request contained such requests. As long as no one says “I object,” all those things are considered as passed.
That is, the House treats the bill as if: 1) It has been read for a third time. (House rules require that at least the title of the bill be read three times.) 2) It has been engrossed (rewritten to include all amendments that have been passed and made official by the House clerk). And 3) passed the House.
In addition, Boehner added some language that would disallow the bill to be “reconsidered.” Specifically, the House rules allow any roll call vote to be “reconsidered.” That is, any member can ask that the House re-vote on any measure. However, according to the rules, reconsideration can only be done one time. Consequently, what often happens is that, after a bill is passed, the proponents immediately ask for reconsideration, just so it cannot be reconsidered later. They then ask that their own request—for the motion to be reconsidered—be “tabled. “ That is, they ask for their request to be immediately defeated.
When Boehner said “and the motion to reconsider is laid upon the table,” he is pretending that the House has gone through the two-step process to (i) reconsider the bill, and (ii) table the reconsideration.
What he did in that one sentence is a little complicated. But it is very routine for bills in the House. And at any rate, despite the pretensions and complications in the unanimous consent request, any member in the House could have said “I object” to defeat any of the motions.
Interestingly, if you watch the video carefully, Boehner looks up after he finishes the sentence. His look seems a little sheepish to me—as if he’s not sure whether someone will object.
But no one did, and thus the bill passed the House. Soon, assuming President Obama signs it, the bill will become law.
- Comment (16)
- · Quote
- · UnfollowFollow (0)
Comments:
Mar '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Thanks: I think I just got to "audit for no credit." All to my credit I say; and I say again, THANKS.
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Tim, how in the Sam Hill do you know all that stuff?
Without objection, I hereby declare you the official Ricochet parliamentarian.
And by the way, Merry Christmas to you and your beautiful family.
Jul '10
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Fascinating.
I yield back the remainder of My word limit.
Mar '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
And yet some of you don't want these people running our health care system...
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Peter Robinson: Tim, how in the Sam Hill do you know all that stuff?
Without objection, I hereby declare you the official Ricochet parliamentarian.
And by the way, Merry Christmas to you and your beautiful family. · Dec 23 at 12:47pm
Thanks! And Merry Christmas to you and your family!
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
And I'm just getting started! I think I could have written another couple pages on this stuff. As I mentioned, it's what I teach in my class.
If there are any L.A. Ricocheters out there who are interested in this kind of stuff, please email me. I'm pretty sure there's room for you to audit my class.
Apr '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Tim Groseclose
And I'm just getting started! I think I could have written another couple pages on this stuff. As I mentioned, it's what I teach in my class.
If there are any L.A. Ricocheters out there who are interested in this kind of stuff, please email me. I'm pretty sure there's room for you to audit my class. · Dec 23 at 2:23pm
Not next semester, but I might be in LA for some of the Fall semester next year. Are you teaching then? Would you be in Spring 2013? I'd love to learn more about this stuff.
If not, or until then, it'd be great to see more of these posts!
May '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
What has not yet been reported is how the crying man from Ohio got snookered again, and, by following the abusive procedure he employed, none of the smarter folks in his caucus were there to raise an objection. Section 101 of HR 3765 includes a "recapture" provision that pays for the 2 month tax holiday enjoyed by those who earn less than $18,350 during January and February 2012 (i.e., 2/12 of the maximum $110,100 subject to Social Security tax in 2012) by imposing an additional 2% income tax on all income above $18,350 earned during those two months by higher earners. Here's the provision:
"RECAPTURE OF EXCESS BENEFIT.— (1) IN GENERAL.—There is hereby imposed on the income of every individual a tax equal to 2 percent of the sum of wages (within the meaning of section 3121(a)(1) of the Internal Revenue Code of 1986) and compensation (to which section 3201(a) of such Code applies) received during the period beginning January 1, 2012, and ending February 29, 2012, to the extent the amount of such sum exceeds $18,350."
Edited on December 24, 2011 at 7:22pmNov '10
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
William, where are you finding this information? I can't find HR 3765 on the LOC website.
May '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Ken - There's a link to the bill in the article on its passage in TheHill.com.
Nov '10
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Do I read it correct, that the tax holiday applies to anyone making $18.5k or less over the two months, and that over the two months anyone making more than that gets a 2% tax increase? Really? Is that what it's saying?
May '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Ken - I believe the bill provides that everyone receives a reduction of 2% (from 6.2% to 4.2%) in their Social Security tax rate on the first $18.5k of wages for the two months. However, those who earn more than $18.5k in those two months will be subject to an additional 2% income tax on their excess wages over $18.5k earned during those two months. The additional 2% income tax will have to be paid with the 2012 tax return in April 2013 according to the release on the "IRS Newswire" this morning. In other words, only those with an annual wage rate of $110,100 or less will fully benefit from the payroll tax cut. As drafted, there is no cap on the recapture. Therefore, there is an actual income redistribution from those with an annual wage rate over $220,200 (i.e., "millionaires") to those earning less. Thanks, Mr. Boehner, for your parliamentary acumen!
Jan '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
As a healthcare provider with a majority of patients on Medicare, the bill means I don't take a 27% pay cut, for two months, at least.
Nov '10
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
So they are taking some of my money and giving it to MLH. I prefer a kiss first. Tell me again what party Boehner represents?
Jan '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
Ken,
It's a NIMBY sort of thing but, thanks for the loan (I know that Medicare reimbursement has to change and that it won't be in an upward direction)!
Mar '11
Re: The Extraordinary Way that the House Passed the Payroll Tax Extension
I believe that would be the RINO party.