Germans on czars and a very interesting lesson on how the German government would treat a bill as big as HEALTHCARE OVERHAUL

From our friend Klaus Lewin who wrote the terrific piece on having survived the Berlin Blockade of the Russians.
"For me, the U.S. system is difficult to understand. That a government can delegate tasks whose execution has been entrusted by the voters in such a way as to have people (czars) acting outside of congress, particularly people with such flagrantly odd backgrounds as having started communist organizations or have other clouds over their heads (like Van Jones, Browner, Carrion), is outrageous. That means that the system there (independent of the government) overlooks, out of hand, the checks and balances it should have.

PHOENIX TV has reported today (heard on a German cable station) that the approval rating for Obama has gone down to 57%. Hopefully, that will continue to fall. He must cash more and more uncovered checks, and slowly even the biggest idiots will notice something."

This information from Mr. Z and Klaus Lewin might interest you: How Germany would handle such a huge overhaul of any part of their country's laws......

A lesson in democracy relative to passing laws in the Parliament (Congress) described for the case of Germany: (It might be worth noting that the U.S. had major influence on the German Constitution, aka BGB, which lays down the rules for parliamentary actions).

The “Bundestag” (or lower house) has a President (who normally comes from the largest party) and several Vice-Presidents. They agree about the agenda of the parliament, and about schedules for drafts of laws etc. Every party (or member) has the right to present draft laws. Obviously, the governing coalition has normally enough votes to get a law through the parliament or to refuse others – but that is done in a democratic procedure which intimately involves both houses, the “Bundestag” and the “Bundesrat” (which consists primarily of members of the States – so the States have substantial influence on the laws of the land). Here is the procedure:

After a draft of a law has been generated, it must be transmitted for a first review to the Bundesrat. The Bundesrat has several WEEKS time for the review. That means that States even if they are governed by the party which is in the opposition in the lower house, receive knowledge and influence on the laws BEFORE the draft law is brought to the parliament. The Steering Committee of the parliament (President and the Vice-Presidents) then agree on a schedule for the “Lesungen” (discussions) in the parliament. There are always several dates in order to allow changes to be made. Each member of the parliament receives a copy sufficiently before the readings in the parliament.

After having passed in the parliament, the law goes again to the Bundesrat. There are always both houses involved in the process.

A process as it is practiced in the U.S. (example: Stimulus Bill) would be illegal in Germany and would immediately be referred to the Constitutional Court, and/or there would be blocked in the Bundestag and/or the Bundesrat.

Laws in Germany are concentrated on the subject (no ancillary subjects (PORK)), and are generally very brief. One of the most voluminous ones (revision of the social system in Germany with very far reaching consequences, implemented by the Schröder government in 2003, called HARTZ IV) was 47 pages. That law would in its complexity be comparable to what Obama tries to do with the Health Care System....in more than 1000 pages.

Our friend Klaus’ additional comment to Mr. Z: “The practice as described by you [how laws are run through U.S. congress] has very little to do with a normal parliamentary legislative, i.e. democracy. I cannot comprehend that something like that is possible in America which is here considered as the “beacon of democracy”.

Is he bashing America? Is Mr. Z? Heck no...they love America. They just don't get what's happening, how fast things are trying to be moved, how people aren't even reading the bills, etc. etc.

z (thanks, guys)