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The Slaughter Solution
Topic Started: Mar 13 2010, 08:41 AM (206 Views)
Beacon Chris
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Junior Carp
http://www.marklevinshow.com/goout.asp?u=http://dailycaller.com/2010/03/12/house-democrats-appear-set-to-pass-senate-bill-without-voting-on-it/
How you durrin?
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Mikhailoh
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If you want trouble, find yourself a redhead
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So House Democrats have been searching for a way to alleviate members’ concerns that if they vote for the Senate bill and the Senate does nothing to fix it, they will be hung out to dry as having supported a piece of legislation that many across the country dislike, either for spending reasons, or because of special provisions like the extra money for Nebraska’s Medicaid population (the “Cornhusker kickback”).

Technically, using the “Slaughter solution,” they’ll never have voted for the bill they find odious, even if their vote on the reconciliation legislation will have been the vote that passed the Senate bill into law.


Surely they do not honestly believe that will hold up on the campaign trail.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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Beacon Chris
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Junior Carp
Honestly, Mik, why don't we just rip up the constitution right now. How can you pass a bill without voting on it. The Constitution's very clear.

As far as the campaign trail, it's secondary to me. I don't like the precedent this sets for future congresses be they Republican, Democrat or otherwise.
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George K
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Finally
What's ethical isn't necessarily what's legal, and vice versa. The Constitution says:

1) Each house shall make its own rules
2) A bill, to become law, has to be passed by both houses and then signed by the president.

Now, if the rules are changed, so that they can "deem" it passed (rather than voting on it), it violates nothing - constitutionally, that is. That's what the thinking is. After all, they passed a bill last November. It's just not the same bill that the Senate passed.
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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…

The "recording of votes" is, it would seem, in reference to overriding a Presidential veto, not on the actual bill itself - unless the "all such cases" refers to the passing of the bill originally.

I'd need a Constitutional scholar to help me with that one. Anyone got one handy?
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- Mik, 6/14/08


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Mikhailoh
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If you want trouble, find yourself a redhead
In my world view it would be entirely constitutional to hang them all on the Capitol steps.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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Beacon Chris
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Junior Carp
So, in other words, they don't have the votes to pass it, so they will "deem" it passed? No, not constitutional by a long shot.
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George K
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Beacon Chris
Mar 13 2010, 10:29 AM
So, in other words, they don't have the votes to pass it, so they will "deem" it passed? No, not constitutional by a long shot.
An interesting counter argument (goes in the "Be careful of what you wish for" file):

Quote:
 
Could a law previously enacted by Congress and signed by the President be deemed not to have passed?


Other comments: http://volokh.com/2010/03/13/is-the-slaughter-solution-constitutional/

Quote:
 
Also, is there any substantive difference between voting on a resolution that says “X bill is passed” and voting on a “rule” that says “we deem X bill to have been passed”?

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I think the constitututional principle being violated here is known as the “nondelegation doctrine.” By saying two contradictory things at the same time, the House would be delegating its power to the Senate and the White House, allowing the latter bodies to pick which policy they like best.

Congress could use the same approach to allow a line-item veto, by passing a thousand budgets instead of one, and letting the President pick whichever one he likes best. And that would also violate the nondelegation doctrine.

A guide to GKSR: Click

"Now look here, you Baltic gas passer... "
- Mik, 6/14/08


Nothing is as effective as homeopathy.

I'd rather listen to an hour of Abba than an hour of The Beatles.
- Klaus, 4/29/18
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