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“Slaughter Rule” Strategy Unprecedented

Lefties (Daily Kos, TPMDC, and Huffington Post) are defending against allegations that the “Slaughter Rule” proposed strategy to pass ObamaCare without a vote is unprecedented and unconstitutional.  The Slaughter Rule has the support of Speaker of the House Nancy Pelosi (D-CA) and is the Democrats preferred strategy to pass ObamaCare.  Liberals are peddling a talking point that self-executing rules like the Slaughter Rule have been done before and it was the Republicans that used this tool in the past.

The fact of the matter is that there is no precedent for the House to pass a bill without a direct vote by using a budget reconciliation measure as a trigger and a means to pass ObamaCare.  Nancy Pelosi’s potentially unconstitutional strategy to pass unconstitutional ObamaCare is without precedent nor justification.

The Wall Street Journal has a piece today that critiques the Pelosi strategy, the “Slaughter Rule,” that is being considered to pass ObamaCare.

We’re not sure American schools teach civics any more, but once upon a time they taught that under the U.S. Constitution a bill had to pass both the House and Senate to become law. Until this week, that is, when Speaker Nancy Pelosi is moving to merely “deem” that the House has passed the Senate health-care bill and then send it to President Obama to sign anyway.   Under the “reconciliation” process that began yesterday afternoon, the House is supposed to approve the Senate’s Christmas Eve bill and then use “sidecar” amendments to fix the things it doesn’t like. Those amendments would then go to the Senate under rules that would let Democrats pass them while avoiding the ordinary 60-vote threshold for passing major legislation. This alone is an abuse of traditional Senate process.

I eagerly wait the left pointing to a precedent where a bill is deemed to have passed without a direct vote that effects 1/6th of the U.S. economy.  I also await a precedent where the House used a vote on a budget reconciliation measure to deem as passed another piece of legislation.  This process is so complicated that the President has to sign the ObamaCare bill before he signs the reconciliation measure into law, for this trick to work.

Speaker Pelosi admitted that she does not want to allow a direct vote on the House passed measure when she stated yesterday that “nobody wants to vote for the Senate bill.”  Ryan Grimm of the Huffington Post writes:

The Speaker, in a press briefing with progressive media in her Capitol office, said that three options were under consideration. One of them involved a vote on the Senate health care bill, followed by a vote on a reconciliation package. “Nobody wants to vote for the Senate bill,” she said. She wouldn’t rule out that option, she said, because there is no official bill language yet, which she said she needs first before she makes a decision on process.

This shows an intent on the part of Pelosi to skirt the Article 1, Section 7 of the Constitution that “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States.” If the House does not have a direct vote on the legislation, this seems to be a violation of the explicit language of the Constitution.  Pelosi favors the Slaughter Rule that would allow a complicated procedure to be used so that the House does not have to schedule a direct vote on the Senate passed version of ObamaCare at any stage in the process.  More from Huffington Post and Pelosi:

So the third option is to write the rule so that the passage of the reconciliation package deems the Senate bill to also have passed, a parliamentary maneuver she said the Senate parliamentarian had said was acceptable.  It’s a technical distinction and Democrats hope that it’s deep enough in the weeds that average voters will focus instead on the substance of the legislation instead of the confusing process. Asked if she had firmly decided to pursue the third option, she answered, “I like the third one better.”

Now we know that the House is seriously considering a procedure of questionable constitutionality to pass a bill of questionable constitutionality.  Once this trigger is pulled, the Senate will consider a reconciliation measure that is functionally an amendment to the Senate passed ObamaCare bill.  This violates the House and Senate tradition that reconciliation amend existing law as a deficit cutting tool.  After that, the President has to sign the Senate passed, and House deemed to have been passed, version of ObamaCare.  After that he has to have another signing ceremony for the reconciliation measure for the plan to work.

This is a very complicated procedure being used to pull a fast one on the American people.

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COMMENTS

  • teresakoch

    The “original” went to the Rules committee yesterday, so I assume they have eliminated the old language. However, there hasn’t been a sighting of the new language….

  • http://www.neoavatara.com/blog neoavatara

    Even Lawrence O’Donnell admitted this morning on Morning Joe the exact same thing. In fact, O’Donnell says the entire process is unprecedented, and thus, unlikely to pass. Interesting viewing.

    http://neoavatara.com/blog/?p=10427

  • arthurmachado

    Doesn’t this mean if the reconciliation bill doesn’t pass in the senate then the house hasn’t then passed the senate bill and we are back to square one that the senate bill has to go back to the house and then be passed again? If so doesn’t this give us two bites at the apple. Or maybe it then means the senate bill fails and can’t go back to the house. So we can either fight the reconciliation bill in the house and then in the senate to undo the whole deal.

    • edintexas

      Most of the “pundits” (who do occasionally know something) agree that reconciliation is supposed to be used on existing legislation. So there really is no problem for the Democrats. Pelosi manages to rip enough arms off to get the “rule” passed by one vote and the Senate bill will go straight to Dear Leader for signing. Now Harry Reid has a law to reconcile – if the Democrats in the Senate actually want to vote on whatever changes the House wants, and the changes actually are financial and not purely policy and not eligible for reconciliation.

  • DFLer

    Voters will know that a vote on this resolution is a vote for/against the Democrats’ health care reform legislation.

    Candidates campaigning will call it a vote for/against the Democrats’ health care reform, as will all the commercials, the newspapers, the radio talkers and the TV talkers.

    There will be accountability for this vote, come election time.

  • obladioblada

    Is there any sense of what’s going on with the Senate Dems? I know that the House doesn’t trust the Senate, but have Senate Dems bothered to make any reassuring noises?

  • romans12n2

    enough, I heard the usually well informed and educated Jamie Dupree on Boortz today say that while unethical, unpopular , and unprecedented… It may not be unconstitutional. I didn’t hear the whole explanation why, but He is usually pretty well informed. I hope he’s wrong this time! He said the time Bush did something similar was due to an error by the clerk and not intentional but a misunderstanding. We’ll see.

    • http://www.thehayride.com MacAoidh

      …it’s been done in the past, but never on the basis of attempting to subvert the majority.

      Pelosi knows it’s unconstitutional and that is precisely why she’s pushing it. It’s a violation of her oath of office and the Republicans should move to censure or expel her when they get the majority next year.

      • http://www.thesubstratum.com GJ Merits

        Too bad we won’t be able to see her frown without her face cracking.

  • stigmo

    If they do this option, it’s because they don’t have enough votes in the House to pass the Senate Bill. How many Dems that have the guts to vote no on the Senate Bill would actually be dumb enough to flip to yes for the Slaughter Option?

    It doesn’t add up. I know it’s supposed to provide political cover, but I suspect the ensuing firestorm would be even worse than what swing district Dems would face for simply voting yes on the Senate Bill. Am I way off base here?

    • Return to Revolution

      Normally, tricks to provide cover are more along the lines of phony CBO scores or nonsense amendments. Like Dan Perrin noted, voting for an unconstitutional rule will be even worse than voting for the bill itself. They’ve lost the ability to think rationally (assuming they ever had it).

      • edintexas

        I believe their thought is that this is an entitlement bill. Since FDR, no entitlement has ever been repealed (even welfare “reform” wasn’t repeal) once enacted. And when John Q. Public has fed on the opiate of another government dependence program, Public will be grateful to those who brought him this program and vote to make sure he keeps it and even gets more from it.

        They are looking at the long term and believe the losses incurred are worth the gain they expect (and probably would get – try bringing up changing Social Security – much less eliminating it). They have already told us this is the usual “first step”. They will proclaim no intention of instituting single payer “socialized medicine”, while putting in place the mechanism for price controls on private insurance companies. And requiring those companies to “insure” people with pre-existing conditions without restriction. They institute what may well be an illegal requirement for every American to buy health insurance, while making the penalty for not buying insurance until you are sick so low as to be cheaper than buying the insurance (a sure money loser in the gamble which is insurance). Then, when the insurance companies can’t provide all the benefits the government requires of them at the price the government requires them to charge, the benevolent government will just “have to” take over the provision of health “insurance”.

        I won’t say we’re doomed. Since my first engagement in politics (I favored Nixon vs. Kennedy and In my heart I knew Barry was right), I have watched my country become something I wouldn’t have recognized in 1960. If this passes it won’t be the end of the Republic. But to borrow a phrase from that great half American (no, not Dear Leader) Winston Churchill, it is the end of the beginning. I believe we will then be so far down on the proverbial “slippery slope” as to be unable to stop the slide.

        • qurys

          This bill will be serious chemotherapy for several years before any “opiate” kicks in. We are going to pay…and pay big….before any entitlement can be claimed. The negative effect on the economy and on existing healthcare benefits outside of Medicare is unknown. So I do not think we are doomed to swallow this entitlement because too many people are too stupid to care about its cost. I think many people, perhaps not a majority, will see that even if they like the healthcare “idea” that the process has been designed to subvert the majority. Then there is a large majority of America who is rationally strongly opposed to the bill even if it could pass with a majority. They are more apt to support an repeal of this “entitlement” while the remainder who are waiting in their homes for their little USA healthcare card to arrive are going to be tough voters to mobilize. How do you appeal to the entitlement that they don’t yet enjoy and get them to come out and vote?
          Bottom line….it is bad legislation, disapproved by a majority of Americans and a majority in Congress.

  • Kyle-MI

    Two neighbors are outside doing lawn work. One is mowing the lawn while the other is trimming his hedge – only he is using his push mower to do the trimming. The one using the mower correctly stops and walks up to his neighbor. “Don’t you know that is dangerous.” The foolish neighbor replies, “Don’t tell me what I can and can’t do you hypocrite.” “Why are you calling me a hypocrite?” asked the first neighbor. The foolish neighbor says, “I am using a lawnmower just like you.”

    Democrats defending themselves by pointing out that Republicans have used these processes in the past have as much a point as that foolish neighbor.

    • romans12n2

      That is dead on

    • edintexas

      Interestingly enough, I read/heard that when “deeming” was used by the Republicans to (IIRC) pass an increase in the national debt ceiling, at least 2 Democrats went to the Federal Court system to try and have it declared unconstitutional. Who were they? San Fran Nan Pelosi and Louise Slaughter. The courts disagreed that “deeming” in the House was unconstitutional. I guess that is unfortunate today, but I don’t believe the Constitution has been followed in voting on bills for a long, long time anyway. Passage by voice vote or “unanimous consent” doesn’t really follow the Constitution’s requirement that the names of those voting be written down with their vote.

      • shedworld

        Is there any verification of the claim that reps. Pelosi and Slaughter protested the “deeming” strategy years ago? If it truly was dismissed by the Federal Court, then one can only conclude that the speaker knows (in her mind) exactly what she is doing here. But the statement that she made yesterday about republicans being upset about something they did “hundreds of times before” really should be verified and proven true or false. If she’s lying, the sirens should be going off! (figuratively, that is).

  • tritonspolartiger

    has a nice roundup of the issues/problems with Slaughter and the possible issues/problems with dealing with it… not sure whether to be encouraged or not…. but continue to fight? OHHHHHH YESSSS!!!

    http://www.powerlineblog.com/archives/2010/03/025842.php

  • http://thesandsinstitute.org Vassar Bushmills

    but on a peremptory motion to raise the debt ceiling, nothing that qualifies as a “bill”, unless you consider unanimous consent also to be a bill,

    Point is, Pelosi sued, which shows how uncomfortable wiht the rule at the time. (Actually the GOP was wrong to use it.)

    We will also sue.

    Pelosi lost in district court. We will win…in three courts, all the way up.

    Laisser les bons temps rouller!

    • stigmo

      n/t

      • http://thesandsinstitute.org Vassar Bushmills

        Still, I think the Court threw it out because Bush Admin pleaded mistake…so no legal precedent set. We’ll see, but yes,
        What goes around, comes around, especially on the craven carousel.
        VB

    • etlib

      whenever I used an excuse like “but my brother did it.”

      Two wrongs don’t make a right.

  • mbee51

    i wish the Democrats who really don’t want to vote for this thing would just stand up to Pelosi and Obama. The wrath they would receive from those two would only need to be endured until November and then they would be able to wave goodbye to Pelosi from their offices as she packs her stuff up and gets out. And Obama won’t have enough support left inWashington to keep him from having to pay a parking ticket.

    Not having to go on record with their vote won’t help any of them. If they push this thing through this way, it’ll be like the teacher who couldn’t get the class to tell her who threw the spit wad at her back…the WHOLE class will be punished for it.

    • edintexas

      Best analogy I’ve seen on the retribution. Problem is the class usually cares, these people apparently don’t care. Perhaps the stories that the Administration is making promises (those who vote Yea and lose their re-election run will get a cushy government political appointment) are true. I wouldn’t be surprised if they are engaging in that sort of bribery. Anyone who would testify that they were offering such an illegal bribe for their vote wouldn’t be a Democrat and wouldn’t receive the offer. Without direct testimony from a VERY credible witness (and preferably a wire recording of the offer) it would be impossible to prove the quid pro quo in court and no US Attorney’s office would touch such a losing case.

    • MF

      If you mean that Pelosi will be voted out of office, it’s not going to happen. Yes, she will no longer be Speaker, but there’s not a chance in the world that she will be voted out of office as her district’s representative.

      • martyinaz

        She is from San Francisco, That Kool-Aid crowd would NEVER vote her out. She is the West Coast version of Barny Franks.Although after Brown took the Senate seat Ol Barny may be sweating it just a bit. The best we can hope for is for her to be returned to her seat accross the ails, when the Republicans take the majority in 2010.

  • rsexteriors

    prove to the court that those in charge of the Democrat party specifically wanted to avoid a vote on the Senate bill and therefore the Senate bill never was voted on in violation of the Constitution.

    Pelosi says of this process, “I like it… because people don’t have to vote on the Senate bill.”

    ?They want to send a signal to the American people that the product that is going to come out of the House is the Senate bill, but the fact of the matter is we are amending the Senate bill,? Mr. Van Hollen said

    Progressive Rep. Lynn Woolsey (D-Calif.), who said she doesn?t ?like the Senate bill at all,? said that voting for a rule instead of the actual measure would be easier for her, and other Democrats.

  • lightfootletters

    The end of the illusion is the President. Who says he does not know the political fallout of voting on a Federal health care legislation. But, he knows it is right. The President is an educated man. Harvard I believe. He knows that the Federal Government has no constitutional authority to create or fund such a plan. He pushes his fellow Democrats and Republicans into more suspect conduct, as to conspire to circumvent the US Constitution…I believe the process also is un-lawful as a legislative vote is required by the Constitution. . I think my version of what is ‘right and just’ must be different from that of the President and Congress.

  • utahrepublican

    The third paragraph of Article I, Section 5 says: “Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.”

    If the House Republicans ask for “Yeas and Nays” on the “question” of passing the Senate Bill (being more than 1/5 of that House) Nancy will have to either (1) record the reconciliation rule vote as the vote on the Senate Bill in the Congressional Record; (2) claim that passage of a bill isn’t a “question” within the meaning of Article I, Section 5, or (3) claim [as she does in effect] that the pesky Constitution doesn’t apply to Democrats undertaking Historic Action. If she does (1), Democrats can’t later say they didn’t vote for the Senate Bill without being called liars based on the Congressional Record. If she does (2) or (3) we have another “unconstitutional” string on our bow when this whole stupidity goes to the Supreme Court in addition to how stupid Democrats will look making the argument. Furthermore, the arguments over constitutionality hurt the Democrats just by virtue of being made.

    Shoot ‘em with every gun you’ve got, I say.

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