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Discharge Petitions: The Path to Delegitimizing Nancy Pelosi?

We’ve all heard about Nancy Pelosi’s insistence that bills containing provisions for increasing oil production wouldn’t see the light of day. I’ve known all along that Pelosi doesn’t have final say on that if enough legislators in the House sign a discharge petition. As Michael Franc writes, it’s time to put additional pressure on pro-drilling Democrats. It’s time for an in-your-face approach to undercut Ms. Pelosi’s authority.

But not only has Pelosi decreed that legislative proposals to allow for the production of American energy, whether it’s oil and natural gas offshore or in Alaska, new nuclear plants, oil shale from Utah, Colorado, and Wyoming, or promising coal-to-liquid technology, won’t see the light of day on the House floor. She has even fallen into the trap of allowing this to become a test of her leadership. Senior House Democrats understand this and will be reluctant to challenge her. The New York Times reported that Pelosi informed her leadership team that “a decision to relent on the drilling ban would amount to capitulation to Republicans and the White House, and that she was having none of it.” Pelosi, the Times added, “can prevent a vote on expanded drilling from reaching the floor.”

Oh, really? A procedural device is available to House minorities when the majority locks up popular legislation that could command a majority if given a chance on the House floor. It’s called a discharge petition.

Now that we’ve identified the tool to undercut Ms. Pelosi, we need to knwo if it’s possible to get enough representatives to sign onto a discharge petition. Thus far the answer is no, though that’s likely to change if we turn the spotlight on pro-energy Democrats:

Quietly, in recent weeks House Republican leaders have adopted precisely this strategy. Rank-and-file Republicans have been filing one discharge petition per week (five thus far), demanding floor action on a far-reaching energy agenda. The agenda includes bills to construct new oil refineries; drill for oil and natural gas offshore as well as on a tiny portion of the Alaskan National Wildlife Refuge; repeal regulations that needlessly increase the price of gasoline; produce energy from alternative sources such as oil shale, tar sands and coal-to-liquid; and explore the next generation of oil and natural gas fields in deep-sea regions far off our coasts.

The cost is steep to sign onto a discharge petition. At best, it essentially ends a representative’s chances for advancement. At worst, it invites a primary challenger the next time they run. Here are the numbers that Mr. Franc has pulled together as either signed onto the discharge petitions or possibilities:

With little media coverage, and lacking the visible support of business groups, conservative organizations or talk radio, these petitions have nevertheless garnered as many as 153 signatures, with one Democrat, Rep. Neil Abercrombie (D., Hawaii), even risking the wrath of his leadership by signing on.

An informal head count suggests there are an additional 75 to 100 House members, including those 40 Democrats, who, based on their previous support for proposals to increase American energy production, could be open to signing these petitions, thereby pushing the number of signatures over the required 218.

It’s time to turn up the spotlight and either force Pelosi’s hand or imperil Democrats in this November’s elections.

If Democrats don’t sign onto these discharge petitions, shouldn’t they be highlighted in campaign commercials of siding with the environmentalists instead of with their constituents? Every Republican challenger running against a Democrat who won’t sign the discharge petitions should put ads together highlighting the Democrat’s fealty to Ms. Pelosi.

For Republicans, this isn’t the time to back down. Now is the time to display a spine and start playing hardball with this issue. It’s just that simple.

Nonetheless, I like Mr. Franc’s idea:

Should the conservative media, the conservative movement, and, yes, the president (his soapbox still carries weight) catch on to this strategy, pressure would increase on pro-energy lawmakers to sign on. Voters would learn that the Speaker’s word isn’t final. And we just might get a real debate on the merits of producing more American energy.

It’s time that Rush, Mssrs. Hannity, Beck, Hewitt and Boortz got on board. If they do, Democrats would find themselves painted into a tight corner.

More importantly, it’s time we taught Ms. Pelosi that it’s We The People, not smarmy politicians like her, that hold the keys to the kingdom.

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Cross-posted at LetFreedomRingBlog

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