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  • Slaughter Solution: Still the Senate Bill

    The House Rules Committee will meet this afternoon to discuss what has been dubbed the “Slaughter Solution” to passage of the Senate health care bill. The precedent cited by Rules Chairman Louise Slaughter to justify the proposed maneuver (to “deem” passage of the Senate Health Care bill when in fact the bill has never been actually “passed”) simply does not support the planned manipulation of the House rules and may well violate the US Constitution.

    As early as 1933 House rules were interpreted to permit House acceptance of Senate Amendments in a bill simultaneously with House passage of a Resolution on a separate matter. But that precedent clearly included House concurrence in (or “passage” of) the Senate Amendments. The new maneuver planned for this week’s health care bill is not designed to be an up or down vote on Senate Amendments to a bill or a bill itself. Instead the proposed Rule will “deem”, or pretend, that a Senate bill that will never have been in fact “passed”, was instead “deemed” to have been passed.

    The United State’s Constitution says:

    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.

    House precedents do allow more that one matter to be “passed” by the same vote. But a member’s vote in favor of the bill and the other matter is a simultaneous vote  on both the merits and passage of both propositions.

    Either the US House has had an actual vote to “pass” a bill, or it has not meet Constitutional requirements for a bill to become law. The House can not “deem” that a majority voted for a bill and simultaneously maintain that there was never actually a vote on the bill.

    The House is ultimately the arbiter of its own internal Rules, but it cannot avoid Constitutional prerequisites for a bill to become law. Parliamentary slight of hand does not trump the US Constitution.

    The Honorable Thomas C. Feeney is Senior Visiting Fellow at The Heritage Foundation.

    Posted in Obamacare [slideshow_deploy]

    12 Responses to Slaughter Solution: Still the Senate Bill

    1. DANIEL CABRERA, MERR says:

      REAL DEMOCRACY IN ACTION__

      Would the current admininstration (THE OBAMA GANG) abide with the RESULT OF A NATION-WIDE,COAST-TO-COAST AMERICAN PEOPLE GENERAL REFERENDUM ON THE HEALTH CARE ISSUE?…will they exercise REAL DEMOCRACY AND FREEDOM OF SPEECH?….do they have the courage to go on this ligitimate path?

      Please consider this;

      ARE YOU WITH ME ON THIS ONE?,,,I just reiterated my point to the 'CORRUPTOCRAT WASHINGTONIANS'

      This is the message sent to every single soul there in Washington,…WHITE HOUSE, CONGRESS, SENATE, SPECIFICALLY THE SO CALLED 'BLUE DOGS DEMOCRATS, SPECIALLY TO HARRY REID AND NANCY PELOSI (just in case they do want to take it directly so they have a 'PS' just for them two).

      Anyway, I wander if the TEA PARTY MOVENT, its members and co-related supporters will mximize action for what is needed to be done,…you know, we all are in htis together if we want to take our country back from the enemies claws;

      So here is the text;

    2. DANIEL CABRERA, MERR says:

      THE TEXT;…(IF THE HERITAGE FOUNDATION HAS THE COURAGE TO POST IT)

    3. Pat Case - Atlanta, says:

      I agree wholeheartedly with Daniel Cabrera that, WE THE PEOPLE, shoud have a vote on this bill since it effects us more so than the Congress and the rest of the Washintonians. What is good for us should be good for them to participate in this healthcare plan. America cannot afford this and we will be losing good doctors should this pass. My personal doctor will be retiring if this comes to pass. Medicare and social security should not be touched to fund this or any other bill. If those funds are bankrupted then Americans should not have to contribute any longer to these so called "insurance deductions." OUr children and grandchildren and great-grandchildren will be grossly hurt and indebted for their lifetimes. I am working hard to stave off this farce. Has any of our congressmen even read what this contains. I doubt it!!!!

    4. Randy Smith, Bear Cr says:

      I heard this morning on a local conservative talk show, that a rule similar to the slaughter rule was used by the republicans in 2003 to pass a bill. Can you confirm that? I believe this type of rule to be unconstitutional regardless of which party does it. I just hope the talk show's info was inaccurate.

    5. J.C. Hughes, Texas says:

      The following is my comment to a university forum.

      The U.S. Constitution, as based on the founders’ federalist principles, is not one sided favoring only central authority. On the contrary, it greatly limits federal powers. Those not specifically defined are retained by the individual states. James Madison in Federalist # 45 stated “The powers delegated to the federal government are few and defined. Those that are to remain in the state governments are numerous and indefinite.” He went on to say that central authority is strictly limited to external affairs such as foreign policy and national defense. States retain ownership of all domestic matters that “in the ordinary course of affairs concern the lives, liberties, and properties of the people”. Let’s see, um! Do I see healthcare in there? Sounds darned straight forward to me. The nation will be best served by removing the current congressional leadership this November followed by their smooth talking president in 2012.

    6. Zack says:

      Comments are subject to approval and moderation but only if it fits the way we want it to fit. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish unless you provide facts disputing conservative ideals. Please be respectful of each other and the subjects of any criticism but you can call the President a socialist and a radical liberal that is trying to destroy our country, show your birth certificate, etc. While we may not always agree on policy (which we never do because we are right and liberals are wrong), we should all agree that being appropriately informed is everyone’s intention visiting this site because this website always offers information backed by fact and not opinion. ahem… Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated unless of course you are calling the president and democrats evil anti-american socialists. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, but not the rights of same-sex marriage or a true seperation of church and state, we are obligated to our readers to maintain these standards that basically just include being conservative and christian and preferrably anglo-sa….Thanks for joining the one- sided conversation!

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    8. Wayne K, Mount Carme says:

      It's fascinating how the libs retort "both parties have passed bills this way". EXCUSE ME! Since when did any of those votes mean 1/6 of our economy and forcing something down the American people's throats when the majority all across the land want it redone totally or do not like the current Bill and what's all included in it? This tactic is just another way the Libs will not fess up to any responsibility because they do not have the "orbs" to stand by the Bill awaiting repercussions from the angry people in their districts. Easy way for them to say, "I didn't vote for it" like the American people are that stupid or will forget because the "excrement" won't hit the fan until we pay four years of taxes on it and things finally kick in and change the country totally to something we won't recognize. Experts say once this passes, it will be such a huge hole, we may not be able to reverse it let alone recover from it.

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    12. HDThoreau says:

      Why is everyone typing in caps. This isn't the first time the Demonrats/Communists did this. This is how they passed the Dear Leader Healthcare Bill. It's just another day in Demonrat land.

    Comments are subject to approval and moderation. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish. Please be respectful of each other and the subjects of any criticism. While we may not always agree on policy, we should all agree that being appropriately informed is everyone's intention visiting this site. Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, we are obligated to our readers to maintain these standards. Thanks for joining the conversation.

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