Anonymous asked in Politics & GovernmentPolitics · 1 decade ago

Why do Democrats think that voting for a RULE is constitutional & the same thing as voting for a BILL?

The Supreme Court has decided that it's unconstitutional to do so:

A dozen years ago, in a 6-3 decision, the U.S. Supreme Court ruled the line item veto unconstitutional in Clinton v. City of New York, 524 U.S. 417 (1998).

Writing for the majority, Justice John Paul Stevens laid a likely roadmap for how the Court might rule on a challenge to the constitutionality of the Slaughter Solution:

...our decision rests on the narrow ground that the procedures authorized by the Line Item Veto Act are not authorized by the Constitution.

The Balanced Budget Act of 1997 is a 500-page document that became 'Public Law 105--33' after three procedural steps were taken: (1) a bill containing its exact text was approved by a majority of the Members of the House of Representatives; (2) the Senate approved precisely the same text; and (3) that text was signed into law by the President. The Constitution explicitly requires that each of those three steps be taken before a bill may 'become a law.' Art. I, ��7.

If one paragraph of that text had been omitted at any one of those three stages, Public Law 105--33 would not have been validly enacted. [Emphasis added] If the Line Item Veto Act were valid, it would authorize the President to create a different law - one whose text was not voted on by either House of Congress or presented to the President for signature. Something that might be known as 'Public Law 105--33 as modified by the President' may or may not be desirable, but it is surely not a document that may 'become a law' pursuant to the procedures designed by the Framers of Article I, ��7, of the Constitution.

Whether one agrees or disagrees with the Court in the line item veto case, one cannot deny that the majority decision here is a powerful sign that the Slaughter Solution would not be ruled constitutional by the U.S. Supreme Court.

2 Answers

  • 1 decade ago
    Favorite Answer

    But as reported, the Congressional Budget Office’s analysis of the final Senate health care bill indicates that it would impose a mandatory $15,000 annual fee on middle-class families that earn greater than 400 percent annually of the federal poverty level. That means $88,200 for a family of four.

    Among the five basic facts that the CBO analysis cites about the bill is that “Your family insurance plan – if your employer drops your coverage and you are forced to buy it on your own – will cost about $15,000 per year when the legislation is in full force in 2016.”

    ObamaCare Nuclear Option Deal Close

    Behind closed doors, the Obama Administration, House and Senate Democrat leaders are cutting a secret deal on ObamaCare. They have come up with a way to pass the Senate version of ObamaCare in the House without any House members having to vote directly on the bill. Now The Hill is reporting that the House and Senate Parliamentarians are helping to advise Democrats on how to pass ObamaCare. When will the self proclaimed most ethical Congress in history start acting ethical and honest? This 111th Congress has proven, to date, to be the most secretive, non-transparent and devious Congress in recent history.

    I explained in a blog on The Foundry yesterday the unethical procedure being used to pass ObamaCare:

    House members have come up with a unique way to structure a vote that attempts to avoid the House voting on legislation before it goes to the President. First, the House Budget Committee will report out a reconciliation bill. It is unclear as to whether the Stupak Amendment will be added. This reconciliation measure would be reported for consideration by the House of Representatives as a whole. Speaker Nancy Pelosi (D-CA) would then package the Senate passed Obamacare bill and the House reconciliation measure into one measure. The House rules committee will report out a rule that will allow the Senate passed Obamacare bill to pass the House without a vote.

    This seems to be a violation of the constitutional requirement of Article 1, Section 7. The Constitution states in part “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.” The House will avoid a direct vote on the Senate passed ObamaCare by passing a self-executing rule that deems ObamaCare to be passed, if the House approves the rule setting up debate on ObamaCare. Under the rule if the reconciliation measure passes, then the Senate passed ObamaCare bill will be deemed to have passed the House without a vote.

    There is precedent in the House for self-executing rules. In 2007, the House to pass a self-executing rule during the debate on a War Supplemental. Also, during the budget process over the past few years, the House has inserted language into the annual budget resolutions that ”deems” as passed a debt limit increase. This type of rule allows the debt limit to pass the House without a vote and as similar rule would allow teh Senate version of ObamaCare to pass without a vote.

    Late last night, The Hill reported that “Democrats Nearing Deal on Reconciliation”:

    House and Senate Democratic leaders and White House officials were optimistic Wednesday evening that they were nearing a deal on a reconciliation package that would smooth the way for them to finally complete health care reform. Congressional leaders and senior administration officials met in Speaker Nancy Pelosi’s (D-Calif.) office late in the day to hammer out a deal on reconciliation, meant to act as a sidecar of adjustments to the original $871 billion Senate-passed health care reform bill.

    This meeting was not transparent and not open to the public. Pelosi was behind closed doors in order to cut a deal on a reconciliation measure that the House may consider in the next week or two. Yet again, Democrat leaders have used a closed door secret procedure to craft legislation to impose on Americans.

    House Democratic leaders will walk their rank and file through portions of the package in a Thursday morning meeting, a leadership aide said.

    This means that only Democrat elites have been part of this negotiation. Not until later today will the House Democrat caucus be allowed to see the reconciliation measure. Republicans need not apply, because they will not be allowed to see the reconciliation measure, until Democrats say so. And for your average American who will have to live under this new health care government run regime, you are not allowed to participate in the legislative process at all.

  • Anonymous
    1 decade ago

    You would think that someone who claims to have taught constitutional law would be familiar with this ruling.

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