{"id":431970,"date":"2010-03-15T22:20:48","date_gmt":"2010-03-16T02:20:48","guid":{"rendered":"http:\/\/www.szone.us\/f95\/slaughter-rule-yet-another-reason-obamacare-would-unconstitutional-40899\/"},"modified":"2010-03-15T22:20:48","modified_gmt":"2010-03-16T02:20:48","slug":"the-slaughter-rule-yet-another-reason-obamacare-would-be-unconstitutional","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/431970","title":{"rendered":"The Slaughter Rule: Yet Another Reason Obamacare Would Be Unconstitutional"},"content":{"rendered":"
On 03.15.10 01:00 PM posted by Conn Carroll<\/p>\n

\"\"<\/a><\/p>\n

As written, the current health care bill before Congress already is guaranteed to face serious constitutional challenges on enumerated powers, 5th Amendment, racial discrimination, and unequal state treatment<\/a>. Now the White House seems determined to add a whole new reason courts will throw out Obamacare on sight. Director of the Stanford Constitutional Law Center at Stanford Law School and former-federal judge Michael McConnell explains<\/a>:<\/p>\n

To become law\u0097hence eligible for amendment via reconciliation\u0097the Senate health-care bill must actually be signed into law. The Constitution speaks directly to how that is done. According to Article I, Section 7, in order for a \u0093Bill\u0094 to \u0093become a Law,\u0094 it \u0093shall have passed the House of Representatives and the Senate\u0094 and be \u0093presented to the President of the United States\u0094 for signature or veto. Unless a bill actually has \u0093passed\u0094 both Houses, it cannot be presented to the president and cannot become a law. <\/p>\n

To be sure, each House of Congress has power to \u0093determine the Rules of its Proceedings.\u0094 Each house can thus determine how much debate to permit, whether to allow amendments from the floor, and even to require supermajority votes for some types of proceeding. But House and Senate rules cannot dispense with the bare-bones requirements of the Constitution. Under Article I, Section 7, passage of one bill cannot be deemed to be enactment of another.<\/p>\n

The Slaughter solution attempts to allow the House to pass the Senate bill, plus a bill amending it, with a single vote. The senators would then vote only on the amendatory bill. But this means that no single bill will have passed both houses in the same form. As the Supreme Court wrote in Clinton v. City of New York (1998), a bill containing the \u0093exact text\u0094 must be approved by one house; the other house must approve \u0093precisely the same text.\u0094<\/p>\n

These constitutional rules set forth in Article I are not mere exercises in formalism. They ensure the democratic accountability of our representatives. Under Section 7, no bill can become law unless it is put up for public vote by both houses of Congress, and under Section 5 \u0093the Yeas and Nays of the Members of either House on any question . . . shall be entered on the Journal.\u0094 These requirements enable the people to evaluate whether their representatives are promoting their interests and the public good. Democratic leaders have not announced whether they will pursue the Slaughter solution. But the very purpose of it is to enable members of the House to vote for something without appearing to do so. The Constitution was drafted to prevent that.<\/p>\n<\/blockquote>\n

http:\/\/blog.heritage.org\/2010\/03\/15\/…onstitutional\/<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"

On 03.15.10 01:00 PM posted by Conn Carroll As written, the current health care bill before Congress already is guaranteed to face serious constitutional challenges on enumerated powers, 5th Amendment, racial discrimination, and unequal state treatment. Now the White House seems determined to add a whole new reason courts will throw out Obamacare on sight. […]<\/p>\n","protected":false},"author":4292,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-431970","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/431970","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/4292"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=431970"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/431970\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=431970"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=431970"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=431970"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}