the hastert rule has been bad for this country and speaker boehner should get away from it. i ask unanimous consent that senators -- we go to a period of morning business, with senators allowed to speak for up to ten minutes each with execution at 5:00 p.m. with the exception of senator scott who is giving his maiden speech today. the presiding officer: without objection. under the previous order, the leadership time is reserved. under the previous order, the senate will be in a period of morning business until 5:00 p.m. with senators permitted to speak therein for ten minutes each. a senator: mr. president? the presiding officer: the senator from south carolina. mr. scott: i ask unanimous consent that i be recognized to speak in morning business. the presiding officer: without objection. mr. scott: thank you, mr. president. it is indeed a humbling honor to serve the great people of south carolina in the united states senate. i am so grateful for the support that i have received from south carolinians, the success of the palmetto state can be measured in many ways but let me

when the speaker has broken the hastert rule, the sky has not fallen. he is able to pass legislation with some democratic support. if he brought the senate's immigration bill to the floor of the house, it would pass tomorrow. but he's reluctant to do so because i think he thinks his speakership depends on it. do you think he could survive if he ended the hastert rule? >> that's a very good question. he did it a few times at the beginning, but conservatives were caught off guard. right? they were disorganized, sort of angry. boehner said, okay, you guys don't have your act together, i'll just get the democrats to pass the bill i want for me and you guys can sit this one out. but they started to organize around preventing him from doing that saying the hastert rule mean all bills must have the support of the majority of republicans. you can't just get a handful of republicans and all the democrats to pass your bills. they've held his feet to the fire on immigration and other things that turn this into a life or death issue for him. so whether he can viola

would you encourage him, would you encourage him to wave the hastert ruling in this case? >> i respect and admire john boew. we've been colleagues and friends for many years. i respects his leadership. i really don't feel it's appropriate for me to tell him exactly how he should handle this. one thing i want to emphasize. there is always friction between the house and senate. a lot of it understandable, but i respect the house of representatives. i respect their views. we have a job ahead of us. we're not going to be alone here as chuck and i mentioned. there is coalition the likes i haven't seen. congress sooner or later responds to public opinion. when you ask the american people if they supported this if these people are here legally, learning english, plus a tough border security provision, plus an e-verify, in other words, everybody who applies for a job better have the right documentation, think you have a winning combination. it's not going to be easy, but again, i really hesitated to tell speaker boehner how he should do. this i think republicans realize the implic

remember, we had the hastert rule unless you had a majority of the majority.ldn't even real important pieces of legislation pass the hastert test. when we have a clear and comfortable majority. look, it's a tail wagng the dog sometimes in the house. the senate has their own challenges. we've got to get our own house in order. as you pointed out on your board, lou, we have plenty of fodder and ammunition to tell the american people why the current leadership stinks. let's get our act together. i don't even want to use the word fodder with you republicans because you have lots of fodder st year and completely blew it. >> you're watching the president right now, angela, with the organization for action, he said he needs a little -- i love the modesty of this man. president obama telling folks that he just needs -- he's going to give a very good speech but he's given lots of good speeches. he said he'll need the help of his private polital army. i mean, this is serious stuff and the republicans have nothing, nothing that is commensurate to osa. >> you have boehn o

he's been very open about the fact that he wants the hastert rule in place, to have a majority of the but do you see the compromise necessary to move this forward or is it really just a stall tactic to kind of let this fade out? >> well, i think it depends on what speaker boehner wants. what i mean by that is does he want to keep his speakership or does he want to do the right thing and actually not only what's good for the country in terms of passing comprehensive immigration reform, but i would argue, painfully, that actually it is good for the republican party. the reality i think the republicans face in the house is, they clearly do not want a path to citizenship. if they don't include that, or if they water it down as it is being -- i think that the talk suggests, they be they pass something and -- the likelihood that it goes to conference and they come one any compromise that can then pass the senate becomes then very unlikely. so i think speaker boehner and obviously he's hearing it from other republicans and other political figures. but the reality here is, i think he has to u

what's getting in the way of that is pure politic, the fact that the speaker wants to employ the hastertthat he won't allow any piece of legislation to move without it having majority republican support. >> you were quoted in your hometown paper as saying for this to pass make bitter pills, quote, are going to have to be swallowed by democrats to get this done. what are these pills? what do you believe -- which pills here are bitter to you? >> specifically all of the new border patrol agents along the southwestern border. the reason i say that is because if you look at what's going on in the border now, it is the most secure it's ever been of the number of folks crossing from mexico is as low as it's ever been in about four decades. so given the context of where the country is right now and the fact that you would be doubling the number of border patrol ags, the effect on texas and other southwestern states would just be incredible. those are some bitter pills to swallow. >> what do you mean they will be incredible? do you believe it's a more militarized border? >> certainly headed in th

john boehner did in conference say any bill that comes out of the senate conference that hastert rulelies, a majority of republicans would support it. that to me is a very good thing. i want to get your reaction. >> once again, i have to have a corrective here. in washington, if people are really serious about making sure that our sovereignty is protected and self-preservation and the mission ongoing internal mission to provide for the common defense, we have to get rid of the platitude of board every security firer security first. it is board every security period. it's not some bargaining chip or box you check off, now it's done and now let's have -- it's not conditional on anything, okay? not a means to the en. it is the end. it is the basic core function of government. and, you know what you have here is this gang of eaters, especially republicans, mccain, graham, rubio, think this is and they can give away and get something in return and apiece all of the people who think that the ultimate goal is building a pathway to citizenship for 20 million illegal aliens. no, that's not the

immigration bill will require a majority of the majority, also known, around here at least, as the dreaded hastert xhisz poseconomists posit g immigration bill through will be harder than climbing the border fence. but as negotiations play out, millions of undocumented workers, real people, will be waiting. though the conversation around immigration largely focuses on hispanics, there is, of course, more than one face of immigration in america. in the july issue of "essence" magazine, 1 of america's 11 million undocumented immigrants tells her story an gives voice to a lower profile group of immigrants. 400,000 black undocumented immigrants whose story has been mostly lost in a broader debate. it is a story that provides a glimpse of the uncertainty and fear that haunts so many immigrants in america. "i've realized that i have to become more active in the fight if i want this current bill to pass," she writes. "i helped arrange an immigration forum at a church in brooklyn and i attended a rally in washington, d.c. sure, sometimes i'm afraid of being found out and deported if i speak out. but i'm l

>> john boehner has to walk his way back from the so-called hastert rule that says you have to have a majority of the rule. >> did you hear from that -- >> yes. >> john alter said you have to do this. >> otherwise she are slitting their throats long-term. >> that has to play, chris, longer term. >> i don't think it will happen. thank you. thank you, michael steele and jonathan alter. don't forget to check out the "hardball" blog. there is much more on this story including a great piece by "hardball" reporter benjy sarlin talking about how latinos learn to love their own base. find it at tv.msnbc.com and clicking on "hardball." >>> up next, mitt romney didn't just lose the race for the white house among the electorate last november, his own family overwhelmingly voted against his own candidacy, even him, he says. this is "hardball" a place for politics. [ male announcer ] imagine this cute little orange blob is metamucil... and this park is the inside of your body. you see the special psyllium fiber in metamucil actually gels to trap and remove some waste. and that gelling also helps t

weakness of speaker boehner -- and you outlined this in your piece -- he would have to break the hastert rule in order to go forward with funding of obama care and a continuing resolution and i just question whether he's in a position to do that. there was a point at which it was said in all seriousness maybe we need to have a government shutdown to get it out of our system, or get it out of their system, which is -- i mean that's real talk. >> yes. i think i would caution that we're two months away from anything -- >> but nine legislative days on the calendar. >> true. but somehow things manage to get done at like the 11th hour always. but this is a lot of posturing. different variables of what could affect which way these things go. my guess is that primarily just judge by the reaction to this thing in the senate that over time republicans will stop talking about defunding obama care in this specific pathway and then the real talk will be about the refls of appropriations for every other domestic priority which is substantially below even where they were established by sequestration. i

this is not even denis hastert. this is not bob dole when he was the leader of the senate republicans. he seems to see his job more as sort of a lawyer that's been hired by the majority to sort of represent them and then carry out their wishes. >> he kind of described the job as he was a concierge for the republican house caucus. and, you know, the thing that that says to me is that the immigration bill, not going to become law this year because to do big, hard things that divide the country, like the civil rights legislation in the 1960s, it required congressional leaders who were willing to take big steps to push their caucus around sometimes, to get things through. it does not sound like that's going to happen on immigration. >> i tend to agree with you, because boehner has made a rule that he'll not put anything on the house floor unless a majority of house republicans agree with it. and i do not believe there's a majority of among house republicans right now for a bill that includes a path to citizenship for th

wishes of one man, house speaker john boehner, who said on immigration he'll insist on enforcing the hastert boehner himself want? he's not saying. >> you know, me taking a position one way or another somewhere is just going to slow the process down and make it more difficult. i'm -- i've got a difficult enough job as it is. i don't need to make it harder. >> and his job is complicated by the fact that the party's long-term interests seem to be in conflict with the more immediate electoral needs of house republican members. 84% of whom represent districts with electorate 20% or less hispanic. texas representative kenny merchant summed up his opposition telling the ap -- if you give the legal right to vote to ten hispanics in my district, seven to eight of them are going to vote democrat. or as one house aide said -- our guys actually do primary over immigration. jerry bernstein, cnbc chief washington correspondent john harwood, and democratic congressman from illinois, luis gutierrez. congressman, i'll start with you. a lot of people pleebelieve the incentives for john bainer to put this on

we can't have them using this so-called hastert rule, which is a republican rule. we have to use process that lets us get this done. >> garrett: congressmans me sara thank you very much. >> garrett: congressmans me sara thank you very much. we'll be right back. the e on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. "that starts with one of the world's most advancedy," go talk to your doctor. distribution systems," "and one of the most efficient trucking networks," "with safe, experienced drivers." "we work directly with manufacturers," "eliminating costly markups," "and buy directly from local farmers in every region of the country." "when you see our low prices, remember the wheels turning behind the scenes, delivering for millions of americans, everyday. "dedication: that's the real walmart" it's nice to have the experience and commitment to go along with you. aarp medicare supplement insurance plans, insured by unitedhealthcare insurance c

prior to that was hastert. whatever they wanted, hastert or pelosi they get tons. the rules over there allowed that. the senate was set up to be different. that was the genius and vision of our founding fathers that this bicameral legislature which was unique, had two different duties. one was as franklin said, to pour the coffee into the saucer and let it cool off. that is why you have, the ability to filibuster and to terminate filibuster. they wanted to get rid of all that. that is what the nuclear option was all about. >> is there any likelihood we're going to face circumstances like that again. >> as long as i'm the leader, the answer is no. i think we should just forget that. that is a black chapter in the history of the senate. i hope we never, ever, get to that again because i really do believe it will ruin our country. i've said, i said during that debate, that in all my years in government, that was the most important thing i ever worked on >> majority leader reid back in 2008. once again he will be discussing the current filibuster situation live today,

to get these people to vote for it themselves, but to change the ether in the senate away from the hastertut it up, rather to have these people to say put a bill on the floor, mr. leader. >> and you're going to pass it with democrats? >> yes. >> and we've done it with fiscal cliff. with sandy, i had lots of people in new york call eric cantor and say, please vote for sandy. they were his supporters. we will get it done that way. if you ask to get a majority of republican votes, no bill. if you ask to change the tone in the house, please let a bill go through because my farmers, my high tech business, my church is complaining. >> we'll see what happens. >> i think we'll get it done. i'm an optimist. >> good god, thank you for that because we're not. with approval ratings for congress at record lows and the senate's top leader threatening to go nuclear, "the new york times'" nate silver says republicans have a running start in their push to take control of the chamber. he predicts the gop will have 51 to 53 states after the mid term elections. this in the midst of a republican primary fight.

the fact that the speaker of the house can -- the fact that he decided to gor the hastert rule sayingg unless there were a majority of republicans when there is a way that with nancy pelosi they could have cobbled together a majority to get something out and at least go to conference but they don't want to go to conference, don't want be to ruled by the senate. >> the tweet by congressman tim huelskamp. tweeted this most house republicans agree with most senate republicans and americans. trusting obama with border security is like trusting bill clinton with your daughter. >> that's unfortunate. there's a bigger point which i actually think health care has had a bigger impact. republicans i've talked to and some of this may be political cover, but they say look, look at rule change on the employer mandate, how can you trust the administration to execute on a big immigration reform plan. i think that's going to fuel a lot of the midterm cycle campaigning. again whether that's cover or a real belief or combination. >> not just that. i was talking to a really good friend of mine. i wanted

. >> [inaudible] senate immigration bill that show shouldn't be holding the hastert rule, what's your response? >> i've made it clear, and i'll make it clear again, the house does not intend to take up the senate bill. the house is going to do its own job on developing an immigration bill. but it's real clear from everything that i've seen and read over the last couple of weeks that the american people expect that we'll have strong border security in place before we begin the process of legalizing and fixing our legal immigration system. and we're going to have a conversation with our members on wednesday on how we would move ahead. we have a broken immigration system. we have undocumented workers here in record numbers. we just can't turn a blind eye to this problem and think it's going to go away. it is time for congress to act, but i believe the house has its job to do, and we will do our job. thanks. >> and in the u.s. house today, members are working on an energy and water project spending bill for the next budget year. the house bill provides just over $30 billion, it's 9% less

. >> [indiscernible] should be upholding the has to roll -- hastert rule. >> that house does not to intendo take up the senate bill. that house will do its own job on developing and immigration bill. it is real clear from everything i've seen and read over the last couple weeks that the people expect we will have strong border security in place before we begin the process of legalizing and fixing our legal immigration system. a are going to have conversation with our members on wednesday on how we would move ahead. if a broken immigration system. the have undocumented workers here in record numbers. we just cannot turn a blind eye to this problem. it is time for congress to act. i believe the house has its job to do, and we will do our job. thanks. >> we heard speaker boehner mansion house and senate democrats. nancy pelosi released a statement saying american classts and the american face another crisis today, yet house republicans are more anxious in finding someone to blame. both chambers returned from their july for breaks today. house is in recess now, and at 5:30 him a they will deba