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Rep. Slaughter attempts to slaughter the Constitution

If you ever needed proof that the left is incapable of governing, look no more.  The same dolt who droned on about a woman being forced to wear her dead sister’s dentures because there’s no ObamaCare (despite the fact that ObamaCare won’t cover dental) is now wiping her wrinkled moonbat backside with the Constitution.  Details:

House Rules Chairwoman Louise Slaughter is prepping to help usher the healthcare overhaul through the House and potentially avoid a direct vote on the Senate overhaul bill, the chairwoman said Tuesday.

Slaughter is weighing preparing a rule that would consider the Senate bill passed once the House approves a corrections bill that would make changes to the Senate version.

Slaughter has not taken the plan to Speaker Pelosi as Democrats await CBO scores on the corrections bill. “Once the CBO gives us the score we’ll spring right on it,” she said. . . .

House members are concerned the Senate could fail to approve the corrections bill, making them nervous about passing the Senate bill with its much-maligned sweetheart deals for certain states.

“We’re well beyond that,” Pelosi said Tuesday, though she did not clarify.

In other words, Slaughter and Pelosi maintain, the House can pass the Senate bill without having to vote on the Senate bill!  That way, the Stupak block won’t be on record as having voted for a pro-abortion Senate bill.

So what does the Constitution say about this?  Article 1, Section 7 (emphasis mine):

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

That’s how a bill becomes law.  Both Houses must have a majority vote of Yes or No on a bill.  Not on a rule, but on a bill.

In other words, this is illegal.  While the Supreme Court is loathe to step in when it comes to House and Senate rules, they are more than eager to step in when those rules clearly violate the Constitution.  Notes Leon at Redstate:

This mechanism, of course, is referred to in Constitutional and legal shorthand as “bicameralism plus presentment,” which stands for the basic premise, stated above, that before a bill can become law, that bill must be passed by BOTH chambers of Congress and be presented to the President for either his veto or his approval.

…Now, as we have constantly reminded our ahistorical liberal friends who have already forgotten all of 2002-2006, the filibuster is constitutional because it is a Senate rule of debate, which is expressly authorized by Article I’s delegation of power to each house of Congress to set its own rules of debate. Apparently, some Democrats can’t seem to tell the difference between a rule of debate and just declaring by rule that the House has passed a bill that they have not, when the Constitution itself expressly states that “in all [] Cases the Votes of both Houses shall be determined by Yeas and Nays[.]” What Slaughter and Pelosi here are attempting here is a blatant violation of the principles of bicameralism and presentment.

And unlike other Unconstitutional things Congress does, there’s caselaw here suggesting pretty clearly that when Congress attempts to pass a law in the absence of proper bicameralism and presentment, a person negatively affected by Congress’s action (e.g., a person required to pay a fine for not having health insurance) has standing to challenge the law’s validity in the Courts. This farce is illegal and unconstitutional on its face, and someone has to be advising the Democrats in the House of this fact. They already know the American people don’t want this bill. They know by now that what they’re trying to do is illegal. The question now is whether they still have the shame to care about either.

Exit question #1:  Doesn’t this blueprint show that Pelosi doesn’t have the votes in the House?  If she did, such an illegal move wouldn’t even be contemplated.

Exit question #2:  Does the question now go from “Will the Republicans win the House?” to “How big will their majority be?”


March 11, 2010 - Posted by | Constitution, health care, moonbats, shameful

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