Saturday, March 13, 2010

Slaughter Rule Anti Constitution

In the Slaughter Solution, the rule would declare that the House “deems” the Senate version of Obamacare to have been passed by the House. House members would still have to vote on whether to accept the rule, but they would then be able to say they only voted for a rule, not for the bill itself.

Thus, Slaughter is preparing a rule that would consider the Senate bill “passed” once the House approves a corrections bill that would make changes. Democrats would thereby avoid a direct vote on the health care bill while allowing it to become law!

Constitutional attorney Mark R. Levin asks, “They’re going to present a rule, issued by her committee as chairman, that says that the House already adopted the Senate bill when we know it didn’t?”

U.S Constitution, Article I, Section VII, Clause II.

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…


According to Levin, James Madison himself gave special care and attention to this clause in the Constitution.

Levin: And do you want to know why? Because this clause goes to the heart of this Republic.

This clause goes to the heart of how our representative body, that is Congress, makes laws. And so I want you to [observe] how particular the Framers were… They have to pass a Bill to present it to the President…

This is one of the most exacting clauses in the Constitution.

And, to the best of my knowledge, which extends over three decades, no Congress has previously tried to institute policies without actual statutes.

Here we have the President of the United States and Congressional leaders actually talking about the possibility of a brazen and open violation of one of the most fundamental aspects of our Constitution and Republic! How we actually make laws!

Let me be as clear as I know how. If this is done, this will create the greatest Constitutional crisis since the Civil War. It would be 100 times worse than Watergate.

…It would be government by fiat… meaning there would be no law… the mere discussion by officials in this government is such a grotesque violation of the actual legislative function of Congress [that it] puts us… at the brink. At the brink.

This is why we conservatives revere the Constitution. This is why we stress the Constitution’s words have meaning and historical context and must be complied with. Because otherwise we have anarchy, which leads to tyranny.

This is a crucial lesson for those of you who… aren’t sure what your beliefs are, or if you have any beliefs. Or aren’t sure if you even care. We have an effort underway by the one of the most powerful chairmen in Congress, the woman who heads the Rules Committee, …openly discussing gutting Congress. Gutting Congress.

***

And it indeed appears to be unprecedented. Mark Tapscott at the Examiner:

Members of the U.S. House of Representatives have never before been asked to pass legislation by “deeming” it approved under a House rule instead of following the process required by the U.S. Constitution in which they actually vote on the proposal itself, according to a senior aide to House Republicans.

The procedure – dubbed by critics as the “Slaughter Solution” – is the brain-child of House Rules Committee Chairman Rep. Louise Slaughter, D-NY, who, at the request of House Speaker Nancy Pelosi, D-CA, is trying to fashion a rule that would allow the House to move toward passage of a health care reform bill without a recorded vote on the Senate version.

Like the Senate, which adopted its health care reform measure on Christmas Eve, the House passed its version last year. But there are major differences between the two measures, especially concerning federal funding of abortions. The Senate version includes billions of dollars to fund new health care clinics that would offer abortion services. The House bill was passed only after Rep. Bart Stupak’s amendment barring federal funding for the procedure was included.

Slaughter’s approach would bring to the House floor a reconcilliation bill to resolve differences between the House and Senate versions of health care reform with the rule deeming the House to have approved the Senate version. The GOP aide, who requested anonymity, said a search of the House archives failed to reveal any previous use of the Slaughter Solution.

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