We are hearing word that House Democrats, led by House Rules Chairman Louise Slaughter (D-NY) are attemping an end-run around one of the most basic Constitutional principles taught in Junior High Civics - the mechanism by which a bill becomes law. Article 1, Section 7 of the constitution is clear:
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.
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. It is obvious to any thinking person (and indeed even to members of Congress) that if the House passes one bill and the Senate passes a different bill touching on the same topic, this does not equate to the same bill having passed both the House of Representatives and the Senate, per Article 1, Section 7. Which is why, as they teach you in junior high, when the Senate and House pass different versions of a bill, they must hammer out their differences in a conference committee, and then the compromise bill (to the extent it contains changes from the bill passed by both chambers) must be sent back to *both chambers* for a vote, so that both chambers of Congress will have in fact passed the same bill. This is also why, after the election of Scott Brown, Democrats have found it necessary for the House to pass the Senate bill exactly as-is, knowing that compromise bill between the two will be defeated after it returns from the Senate.
Having determined that they lack the votes in the House to pass the Senate bills as-is, House Democrats are attempting one of the most breathtakingly unconstitutional power grabs ever witnessed - a maneuver to deem the Senate bill ALREADY PASSED by the House by rule, despite the fact that it clearly has not. 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.
JadedByPolitics
Michael Becker
Dan Spencer
Vladimir
ABC Radio News failed to mention this today
E Pluribus Unum Wednesday, March 10th at 4:09PM EST (link)So I’m pretty sure it’s not happening.
Because, you know, such a blatant undermining of the most basic tenents of rule-of-law, on a bill having such a large impact on the whole future of the United States, would be noteworthy enough to bring up in the hourly news.
At least you’d THINK so.
November is coming
GOTV = Get Out the Vote
Do your conservative t-shirt shopping at EPU Gear.
PS -- Louise Slaughter should go to jail for this
E Pluribus Unum Wednesday, March 10th at 4:12PM EST (link)It’s called sedition:
incitement of resistance to or insurrection against lawful authority
November is coming
GOTV = Get Out the Vote
Do your conservative t-shirt shopping at EPU Gear.
Just like FDR
MNConservative Wednesday, March 10th at 6:07PM EST (link)should have gone to jail for this: http://www.the-privateer.com/1933-gold-confiscation.html
The whole point of the US was to have a government of LAW, not just a government of men.
For
winterhawk Wednesday, March 10th at 4:45PM EST (link)at least 50 years. What is it with these liberals? How the hell do they get elected? To attempt tp spit on the Constitution like this is, without a doubt, criminal. If they want this unconstitutional obamacare passed so badly, there is everything wrong with it. She needs to go to jail.
I’m a banned troll who thought I could disguise my identity with a dynamic IP address.
Hannity's Talking about this right now
erikgershengorn Wednesday, March 10th at 4:19PM EST (link)He’s got Congressmen Eric Cantor and Paul Ryan on with him.
http://www.facebook.com/#/pages/Governor-C-L-Butch-Otter/292986829831?ref=search&sid=100000502757197.902265557..1
Interesting that at this moment, Twitter is down
Christine (Trelaina) Wednesday, March 10th at 4:21PM EST (link)hmmmmmm…..
“I would be a poor Commander in Chief”
– Barack Obama, July 3 2008
It's back
Christine (Trelaina) Wednesday, March 10th at 4:32PM EST (link)There goes my conspiracy theory
“I would be a poor Commander in Chief”
– Barack Obama, July 3 2008
Twitter goes down all the time, too (nt)
Neil Stevens Wednesday, March 10th at 4:45PM EST (link)Unlikely Voter: Poll Analysis, Election Projection.
Current Senate Projection: Republicans +7 with 6% chance of GOP majority.
Current House Projection: Republicans +60
Give to the NRCC to fire Nancy Pelosi in November. Become a Precinct Committeeman to fire Michael Steele in December.
Jumped the gun
Christine (Trelaina) Wednesday, March 10th at 4:50PM EST (link)I don’t normally have the luxury of monitoring twitter as much as I have the last couple of days. It suprised me to see it down and then to switch over to RedState and see this….
Back to the corner for me
“I would be a poor Commander in Chief”
– Barack Obama, July 3 2008
Now if Google buys out twitter... game on (nt)
Neil Stevens Wednesday, March 10th at 4:54PM EST (link)Unlikely Voter: Poll Analysis, Election Projection.
Current Senate Projection: Republicans +7 with 6% chance of GOP majority.
Current House Projection: Republicans +60
Give to the NRCC to fire Nancy Pelosi in November. Become a Precinct Committeeman to fire Michael Steele in December.
Just a distraction
10ksnooker Wednesday, March 10th at 4:22PM EST (link)to try and take the heat off …
That was my thought...
travelguy Wednesday, March 10th at 4:50PM EST (link)Something so breathtakingly unconstitutional could only be designed to distract from what’s really going on.
What we have here
texasgalt Wednesday, March 10th at 4:28PM EST (link)is a real live Constitutional crisis. I swear, these Democrats are like a modern Ahab in pursuit of this putrid whale of a healthcare cramdown. Obsessed, relentless and ultimately, self-destructive.
SCOTUS and Nullification
GJ Merits Wednesday, March 10th at 5:49PM EST (link)This article is awesome from the TAC: http://bit.ly/aiANst
How to Stop the Federal Government from Bankrupting the States
The Healthcare Bill has a long way to go before it is passed….
…States need to be ready to lead the national charge against this legislation if it were to pass.
I think most people see the many Unconstitutional aspects of the bill, but most of those aspects will take years in the courts to challenge. We need to do something to stop the tax increases from coming into our state the day that this bill is signed.
What I suggest we do is something that is just as aggressive as passing a piece of legislation that nobody in America wants. When you deal with radical agendas sometimes aggressive acts are the only tactics that will stop the agenda from taking hold.
I suggest that we render the bill null and void due to the expansion of Medicaid that is written into it. This bill has Medicaid expansion rules that will cost Texas, for example, up to $20 billion annually, and with a $15 billion shortfall to deal with in 2011, there is no money for this.
If the healthcare bill passes into law it will bankrupt Texas and many other states if not all of them.
While nullification needs no Supreme Court backing, using Printz v US and New York v US as the grounds in the nullification will give the public more energy behind it. The federal government cannot dictate state budgets, and this bill does just that!
I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison
If you want to go fast – go alone. If you want to go far – go together.
To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.
Nullification
edintexas Thursday, March 11th at 9:01AM EST (link)I love it. John C. Calhoun lives on!
Insanity + Desperation
RealQuiet Wednesday, March 10th at 4:29PM EST (link)= a very sorry image
Wow.
avgjo Wednesday, March 10th at 4:31PM EST (link)Let me try:
I deem myself 1 ft. taller.
Darn, didn’t work.
Or how about this:
We deem Obamacare repealed.
I’d love someone to do it, just to see them shriek.
I said that the likelihood of UFOs existing was greater than that of principled Democrats. If this is true, we’ll see if I’m right. If there is such a thing, they will decry this.
Again, don’t hold your breath.
Nullify ObamaCare
GJ Merits Wednesday, March 10th at 4:33PM EST (link)Start doing it now. Don’t wait for the courts. If this passes, nullify it with 30-40 states and progressive politics will be dead for a very, very long time.
The subject needs to become front and center. It is time to openly debate this in multiple forums across this nation. But first, we need to understand it:
http://tinyurl.com/ya3dc7f
I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison
If you want to go fast – go alone. If you want to go far – go together.
To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.
Leon. This is GREAT News! ...
kyle8 Wednesday, March 10th at 4:34PM EST (link)It means that they do not have the votes and they know it!
When Obama took office, I said there were four bullets we had to dodge, Health care, card check, net neutrality, and cap and tax.
Looks like in just a few days we will have dodged them ALL!!
And that makes me so happy!
“Nothing works like freedom, Nothing succeeds like liberty”
Kyle
Don't get complacent
Christopher Renner Thursday, March 11th at 6:33AM EST (link)They’re not going to give up on a permanent left-of-center political culture that easily.
Let your guard down anytime before January 3, 2011 when God willing, Congress changes party hands again, and they’ll sneak this garbage through.
Follow me on Twitter.
At least
Return to Revolution Wednesday, March 10th at 4:34PM EST (link)its a good sign they do not think they will ever get the votes. Lets hope this blows up in their faces before they even have a chance to execute.
The objective of “peace”, as defined by the peace movement, is the use of force to impose an egalitarian vision on society, and its alternative is not war, but liberty.
This from a woman whose greatest
redneck_hippie Wednesday, March 10th at 4:37PM EST (link)contribution to a public forum moderated by the most powerful man in the world, was worrying about denture recycling.
Par for the course from the Caucus of the Insane and its speaker, Madame we need to pass it to find out what is in it. Come to think of it, she is right. How else do you find the engagement ring your dog swallowed and then excreted in a pile in the back yard? You wait for the dog to pass it.
“We must not lose our faculty to dare, especially in dark days.” - Churchill in March, 1942.
Remember NY-23; translation: RINOs Have No Base.
I believe nothing from these crapweasels until I see it.
eburke Wednesday, March 10th at 4:38PM EST (link)While I *don’t* think they have the votes right now (or they’d be voting on this POS as I type), and while I hope they try something this stupid, never underestimate the Marxist’s ability to create subterfuge and ‘chatter’ to obfuscate what they’re really doing.
As stupid, moronic, and utterly devoid of any scruples whatsoever the Democrats are, I don’t thing that even *they* are that stupid.
But, then again….
“All that need be done for evil to triumph is for good men to do nothing.”
“Dead fish go with the flow” ~ izoneguy
“We have a Statue of Liberty not a Statue of Necessity” ~ ColdWarrior
Distraction or psychological warfare?
rsjt Wednesday, March 10th at 4:40PM EST (link)They do someting daily to incite conservatives. I’m taking this with a large grain of salt.
I’m certain the Supreme Court is not however.
In a weird way. . .
msctex Wednesday, March 10th at 4:42PM EST (link). . .a good sign. Desperation on the part of the enemy can’t be a bad thing. And even if they do manage to pass some legless unconstitutional mishmash, it can only work in our favor. Their ability to destroy themselves cannot be overestimated, because their fundamental philosophies are not grounded in Fact.
'Click'... 'click'
Jonas Parker Wednesday, March 10th at 5:08PM EST (link)‘Click’… ‘click’
We should apply this new philosophy to everything
Return to Revolution Wednesday, March 10th at 5:09PM EST (link)Such as football. So when the quarterback throws an incomplete pass in the endzone, we can consider it a score as long as another completion was made at some point in the game. This is going to be great.
The objective of “peace”, as defined by the peace movement, is the use of force to impose an egalitarian vision on society, and its alternative is not war, but liberty.
Time to go "Alinsky" on them....
teresakoch Wednesday, March 10th at 5:14PM EST (link)Burn up the phone and fax lines to let them know that if they even THINK about trying this, Washington, D.C. will shut down due to the number of people who will be flooding into the city to protest.
Anyone know a top-notch lawyer who would be willing to draft a case on behalf of the American people to present to the judiciary - all the way to the Supremes - to declare this unconstitutional?
Screw That
GJ Merits Wednesday, March 10th at 5:23PM EST (link)Nullification is the way to go. The SCOTUS is part of the problem. They have used loose interpretations of the Commerce Clause again and again to trample on our rights. The Constitution is clear - the states are the final arbiters of the document - not the SCOTUS. Bet they did not teach that to you in civics. Well, it’s true:
http://tinyurl.com/ya3dc7f
If we can nullify ObamaCare then progressive politics is dead and Obama’s agenda is dead. If the SCOTUS rules in our favor it is just one victory in a string of defeats that have been marching us into rule by tyranny for the past century and longer. If the SCOTUS wants to go on the record of re-asserting the 10th amendment and putting the federal government in its place, all the better. I am not holding my breath however.
I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison
If you want to go fast – go alone. If you want to go far – go together.
To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.
Sadly, I doubt a large portion of the country
TxCon Wednesday, March 10th at 5:15PM EST (link)knows this is unconstitutional.
That my friend
GJ Merits Wednesday, March 10th at 5:27PM EST (link)Is easily rectified. Email buys, press releases, blogs. We do live in the age of the internet. And the public is a whole lot more aware of it than you think. Two million in the DC march? Two million fiscal conservatives!? These are people with jobs. Multiply that by 10 and you have the number who know this is unconstitutional or will know very soon. Add to that the sheer visuals you will see when millions take to the streets and couple that with the digital age, talk radio, and even the MSM will not be able to ignore it.
Nah, this is going viral if they try it.
I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison
If you want to go fast – go alone. If you want to go far – go together.
To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.
Typical liberal maneuvering...
conservative_faction Wednesday, March 10th at 5:25PM EST (link)Old Nan doesn’t have the votes, so naturally they try to cheat. Unfortunately for them though, this isn’t a Minnesota senatorial election. This time, you can’t create the extra votes you need.
The more desperate Pelosi and her minions look, the better I feel.
NRA Life Member
“Freedom is never more than one generation away from extinction.” — Ronald Reagan
Technical reference on the passage of a bill.
Vladimir Wednesday, March 10th at 5:36PM EST (link)Every man should have a built-in automatic crap detector operating inside him. It also should have a manual drill and a crank handle in case the machine breaks down. - Ernest Hemingway
Its Now Official
Good_Captain Wednesday, March 10th at 5:54PM EST (link)The Dems have now, once and for all jumped the shark.
Good Captain
confused
rockstarbabu Wednesday, March 10th at 6:45PM EST (link)I suppose if they can constitutionally compel me to serve in the military they can compel me to pay for health insurance????
forex software
Article 1 Section 8 authorizes....
roscopico Wednesday, March 10th at 7:52PM EST (link)“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;”
And no mention of purchasing insurance anywhere in that pesky Constitution, either.
Are you a troll?
Im Himmel gibt’s kein Bier…
It looks to me that he was being sarcastic
civil_truth Wednesday, March 10th at 8:31PM EST (link)Hence the multiple question marks at the end.
And Rightly So!
His first post...
roscopico Wednesday, March 10th at 8:49PM EST (link)and he draws a false parallel. I’d be happy to discuss how the Constitution allows a “draft” yet does not allow coerced purchase of health insurance… but if he’s a leftist troll it isn’t worth engaging.
Best regards to you civil.
Im Himmel gibt’s kein Bier…
I also saw it was his first post, so let's wait and see
civil_truth Wednesday, March 10th at 9:21PM EST (link)Assuming it isn’t hit-and-run, he’ll either agree it was sacrasm or try to defend a false parallel. In the latter case, he have outed himself as a troll.
And Rightly So!
This would make things a lot easier
bk Wednesday, March 10th at 6:57PM EST (link)1. Write a bill to rename a bldg.
2. Let it pass both Houses.
3. Insert a substitute with cap and trade or whatever else they can’t pass.
4. Deem it to have passed already and send it to Obama.
First they complain about Senate cloture rules. Now a 50%+1 majority is undemocratic as well.
SoFiMil Wednesday, March 10th at 7:12PM EST (link)Obama, Pelosi, Reid…”You lie!”
The best line of the week--
Flagstaff Wednesday, March 10th at 7:46PM EST (link)“It is obvious to any thinking person (and indeed even to members of Congress) ”
Well done, Leon.
Pluto, the Ninth Planet - Forever!
“It’s quite satisfying to call someone an insulting colloquialism, even when it’s not accurate!”–Temperance Brennan, Bones
“Conservatism with a backbone.”–Flagstaff
God may not be watching you, but one of His cellphone cameras is.
Paddle faster–I hear banjo music!
The future
Jonas Parker Wednesday, March 10th at 10:26PM EST (link)Dateline 2025…. Housing consolidation becomes law !
The President has signed into law a major plank of his campaign. Under this new program, suburban homeowners will be offered the opportunity to exchange their property for Homesteads in the Pristine Planet housing developments being constructed by the Department of Housing and Urban Development which will concentrate the human footprint in urban centers and reduce human ecological impact to the planet.
Homeowners will receive credits toward moving expenses, job retention, energy consumption, and retirement annuities for displaying cooperation with the National Goals in regard to this important progression in civic responsibility. This critical initiative will enable the protective agencies to monitor and control crime, activities that are detrimental to the collective goals of minimal environmental impact, health habits, and anti-social behavior and thought patterns.
Failure to comply with the objectives of the program could result in the confiscation of all real and monetary property without compensation, and the assignment of living quarters in the Education Opportunity estates.
The future
Jonas Parker Wednesday, March 10th at 10:26PM EST (link)Dateline 2025…. Housing consolidation becomes law !
The President has signed into law a major plank of his campaign. Under this new program, suburban homeowners will be offered the opportunity to exchange their property for Homesteads in the Pristine Planet housing developments being constructed by the Department of Housing and Urban Development which will concentrate the human footprint in urban centers and reduce human ecological impact to the planet.
Homeowners will receive credits toward moving expenses, job retention, energy consumption, and retirement annuities for displaying cooperation with the National Goals in regard to this important progression in civic responsibility. This critical initiative will enable the protective agencies to monitor and control crime, activities that are detrimental to the collective goals of minimal environmental impact, health habits, and anti-social behavior and thought patterns.
Failure to comply with the objectives of the program could result in the confiscation of all real and monetary property without compensation, and the assignment of living quarters in the Education Opportunity estates.
I deem
jccbin Wednesday, March 10th at 10:33PM EST (link)all my bills paid forever.
Now gimme my yacht.
I deem the Declaration of Independence
jccbin Wednesday, March 10th at 10:36PM EST (link)prescribes the perfect remedy to tyrannical rule….
Wait, it does! I didn’t even have to deem it.
Perhaps I should deem us all some pitchforks and torches?
I dread
Jonas Parker Wednesday, March 10th at 11:00PM EST (link)pitchforks and torches… especially for my children… it is not a pretty picture, and I don’t trivialize it, but I think you should deem…. because it looks like we may need them. THE ALTERNATIVE IS WORSE.
"A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."
houstoneagle Thursday, March 11th at 4:47AM EST (link).
“We preach the conservative gospel of individual liberty and choice and point out the only choice the Democrats want you to have is whether or not to kill a baby.”–Erick Erickson, D-Day 2010
The most...
majorkong Wednesday, March 10th at 11:27PM EST (link)ethical, honest, open congress ever, eh Pelosi? My my, what you and your miscreants have put this country through, Madam Speaker. If we go down, you go down. Maybe not immediately, but in time. Then your prodigy shall live in unending shame. Oh yeah baby, a storm’s a brewin’.
Hate to burst your bubble ...
YankeeConservative Wednesday, March 10th at 11:45PM EST (link)I agree with you that this is an unconstitutional maneuver, however it has nothing to do with “bicameralism plus presentment.” This doctrine is specific to the relationship between the legislature and the executive, but has very little to do with the relationship between the house and senate.
What we need is . . . rope
Adjoran Thursday, March 11th at 4:13AM EST (link)And lots of it.
Faster, please!
slaughter and pelosi
sarge324 Thursday, March 11th at 5:35AM EST (link)the trouble i have is not with them bending the law to suit themselfs and obama.its with the congress and the senate for not speaking up.we have to vote them out in 2010 and 2012.the constitution we save us thanks to our fore fathers in all their wisdom saw this coming.
Abuse
Durangodarlin Thursday, March 11th at 8:38AM EST (link)This is clearly abuse of power.
Kildee's Lame "constitutional" basis for
iluvit Thursday, March 11th at 9:29AM EST (link)healthcare legislation is
Kildees Lame "constitutional basis"
iluvit Thursday, March 11th at 9:37AM EST (link)for healthcare legislation and mandates is fallacious. He is using the fact that states mandate seatbelts, auto insurance, etc. The cannot determine the difference in a privilede and a right and that these laws are rules adopted by states for these privileges. No one ifs forced to drive. It is a choice. You can walk, ride with others, take a taxi, traiin, but, horse or choose not to travel at all. You still have your freedom to choose. In this case there is no freedom as you are facing fines or imprisonment if you do not purchase a product supported by the government. He really knows this but is just offering an excuse that he hopes the masses of the informed will swallow. It will not meet constitutional review favoribly. I also informed him that the will be responsible for the outcry from the people including the civil unrest and likely violence that will follow. They do not care. He has been bought and paid for. I can hardly wait to find out what the is getting in return. You all need to call this guy and let him have it today.
PLEASE FIND A WAY TO GET REASONABLE PASSWORDS FOR THIS SITE. IT IS RIDICULOUS.
I have a question.
qixlqatl Thursday, March 11th at 10:44AM EST (link)If the congressional “progressives” manage to obviate the Constitution, effectively making it null and void, what legal authority will remain to them?
“Yet, Freedom! yet thy banner, torn, but flying,
Streams like the thunderstorm against the wind.”
George Gordon Noel Byron
First things First
lightfootletters Thursday, March 11th at 1:52PM EST (link)US Constitution Article I, Sec. 8 denies the federal government the authority to establish or fund health care.
Amend.IX, X. The commerce clause does not give the Federal Government unbridled authority.To argue that point means Article I, Sec. 8. the IX and X Amend.s have no applicable meaning.
This is the most important point. In fact, it is the only point. And, it must prevail. Federal Health Care is null and void.
Seriously...
bs61 Friday, March 12th at 12:55AM EST (link)When are we gonna storm the WH and take our country back?! We cannot allow this to go any further. They do whatever they want and we will elect the R’s in 2010 that will not repeal shit!
Couldn't charge congresscritters ...
sarg01 Friday, March 12th at 1:57PM EST (link)Not for voting for something. Arguably Obama would be illegally signing the law. Honestly, though, the best that can be hoped for really is just to have it thrown out. No one’s going to get fined or jailed.
Of course, impeachable offenses are whatever the House says they are …
like the thought, but.....
demosthenes9 Sunday, March 14th at 12:19AM EST (link)But, unfortunately I believe you are mistaken as to your reasoning.
The phrase “in all [] Cases the Votes of both Houses shall be determined by Yeas and Nays” refers to attempts to override a presidential veto.
Both the House and the Senate are free to create their own rules pertaining to the passage of bills Article 1, Sec. 5 “Each House may determine the Rules of its Proceedings”
This is evidenced by the fact that quite a number of bills are passed by the Senate via Unanimous Consent. Yes, UC is used for other reasons to facilitate the smooth and timely functioning of the Senate, BUT, it can indeed be used to pass bills without an actual vote. No yeas or Nays are recorded nor is their a voice vote.
You could search google for “legislation passed by unanimous consent” and you will find many examples.
Here is one from Thomas:
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN03325:@@@R
S.3325
Title: A bill to enhance remedies for violations of intellectual property laws, and for other purposes.
Sponsor: Sen Leahy, Patrick J. [VT] (introduced 7/24/2008) Cosponsors (21)
Latest Major Action: Became Public Law No: 110-403 [GPO: Text, PDF]
——————————————————————————–
MAJOR ACTIONS:
7/24/2008 Introduced in Senate
9/15/2008 Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
9/26/2008 Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
9/28/2008 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 381 - 41 (Roll no. 664).
9/28/2008 Cleared for White House.
10/2/2008 Presented to President.
10/13/2008 Signed by President.
10/13/2008 Became Public Law No: 110-403 [Text, PDF]
Note that while a vote total is listed for passage in the House, there isn’t one for the Senate. Instead, it lists that the bill was passed with Amendment by Unanimous Consent.
This is NOT to say that the Slaughter rule is indeed Constitutional or within the rules of the House. Rather, just pointing out that your supporting argument is factually incorrect.