Health Care Passage Plan Unconstitutional?

House leaders are considering a parliamentary maneuver because they don't have enough votes to pass the Senate health reform bill outright with a direct vote. Too many House members object to what's in it.

The maneuver would let them approve the bill without actually voting on it. CBS News correspondent Sharly Attkisson explains how that can happen.

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If Democrats get the votes, here's how it would work:

The House votes on the health care bill that the Senate passed December 24 -- the one with those controversial sweetheart deals for select states, like the Cornhusker Kickback, the Louisiana Purchase, and what some see as federal funding for abortion. Next, the House would vote on an updated version that fixes things they don't like, like those sweetheart deals. That becomes a "reconciliation bill." The Senate passes that, and it's a done deal.

The problem is, Democrats don't yet have the votes to do it that way. So House Speaker Nancy Pelosi is considering a controversial strategy to help give cover to those vulnerable Democrats facing tough elections.

Under the House "self-executing rule," members vote only on the reconciliation bill, the one with the fixes. The controversial Senate version is automatically "deemed" to be "passed" - deem and pass - without a separate vote.

Republicans say it's unconstitutional, and have taken to calling the approach the "Slaughter rule," named for Louise Slaughter, the top Democrat on the House Rules Committee overseeing the process.

Republicans Have Used "Slaughter Solution" Many Times
CBSNews.com Special Report: Health Care

"If they are going to slaughter democracy, they shouldn't do it in public," said Greg Walden, R-Ore.

The namesake herself begs to differ.

"There's no way in the world we would be doing an unconstitutional thing," said Slaughter, D-N.Y.

Both parties use the self-executing rule. It's how they passed the smoking ban on domestic flights, an employment verification measure, and a census bill.

Some legal scholars say the method raises serious questions.

"The constitution says both houses, the House and the Senate, must pass an identical bill which then is passed on to the president for his signature before it would become law," said CBS News chief legal correspondent Jan Crawford. "That doesn't look like it would be the case here."

So why hasn't the self-executing rule gotten much attention before? It's never been used on anything this big. Democrats know it could add to the appearance that backroom deals are pushing through something a lot of Americans don't like, but it may be the only way the White House believes it can get done.

More Coverage of the Health Care Reform Fight:
Countdown to Health Care Vote Spurs Final Push from Dems, Opponents
Door Closed on Health Care Protesters
Cloudy Skies Start Clearing For Dems
GOP Tries to Block "Slaughter Solution" in Health Care Vote
Explainer: How the House Could Pass Health Care Reform with One Vote
Liberal Groups Turn on Dems to Pass Health Care Reform
Groups Seek to Influence Health Care Debate Without Disclosing Donors

[peregrine3]

The sky is falling and its made out of manure. The crowd in the chamber last night and out front of the congress prove that the ideologs called facist in Italy and Germany during WWII are not just a distant memory on a continent far away.

[codystandiford]

Please tell me...how exactly is this a huge win for the American people? Every single person will be required to PURCHASE insurance. *In case you didn't catch that, it means we will all have to BUY insurance in order to avoid being FINED by the Federal government. Yep, sounds like a "win" to me. Let's **** the American tax payer's money away on foriegn aid to toilets like Haiti while AMERICANS are homeless, unemployed and food insecure. Great win folks, we're living the dream!

[pajamaparty]

If this socialist healthcare plan passes, I'm going to quit my job and go on the dole and tell everyone to do the same. I'm going to start the 'pajama party'. Why go to work everyday when I can just go on the dole and get all these freebees. Unfortunately, if people like me stop working, where do the rubes think they are going to get the money to pay for all this stuff. I don't understand why people are no longer required to take care of themselves. When did America become socialist? Taxation without representation is alive a well and the governement could care less about the American people. This bill is outrageous in everyway and the fact that they are ram rodding it down our throats only emphasizes the fact that they don't want anyone looking too close at the details. The American people will really suffer for this and I incourage everyone to stop paying into the beast.

[jgg000101]

seriously, how is this taxation without representation if you pay for this for 4 years before receiving any benefit?

[jgg000101]

the government cannot mandate that every citizen buy a product and penalize you if you don't. If they can do that they can make you do anything.

[jgg000101]

there is no comparison between auto insurance and the proposed health insurance plan. Millions of people who don't own cars do not have to buy auto insurance. And the insurance required by people who do own cars is "liability" insurance to protect them from injury claims made against the driver by passengers in the auto and other people who were in the accident. If you don't own a car, you don't have to buy auto insurance. With this healthcare plan, every citizen is required to buy it. And if you don't, you are penalized.

[thomasxstewa]

Fri, 19 Mar 2010 17:21:04 -0400

Addium:20March'010 To Say Hon US Senate can ONLY presume that Hon US Represenative Health Care Bill PASSED in Late 2009 Is NOT Legal Statement. Since Arch of D' Angelo Is Found to Be Illict method in 1985 by Hon US Supreme Court Decision Which Stands & Permanent and Forever, PRESUMPTION: IS NOT LawFul, For ANYONE in US.
Since 33 States Claim to Be Enacting laws Forbidding Health Care Bill to Take Effect In Those STATES, Likely Those Hon US REPRESENATIVES In those 33 STATES Whom Vote For Health Care Bill Will BE Defeated next Election, As Matter of Course.
AS Trade Unions Start Turning to Protest by lack of Support, Even More Health Care Passers Wiil Also Be Defeated. So Bill with Few Takers, In Fact 33 States is enough for Constitutional Admendment to Ratify.
General Motors Never Came Back on Public Market, Again Evidence In Futality of Present Legal Situation. People Are Harvested As New workers Are Trained. Early RETIREMENT, FORGET IT, HARVEST, IN FACT ANY PAYMENT OUT TO US CITIZEN, FORGET IT. ALL GOING TO FORGEIN ACTUARIES THAT HAVE HEAVILY INVESTED IN HOSPITOLS, INSURANCE SCHEMES & BANKS.
US IS Broken By Worlds Second Largest GOLD Producer:BARRICK GOLD. Hon Obama, whom on facebook list name twice in WhiteHouse linkup, once as Hon Barak Obama esq, Second time in identical Website as Hon Obama Barak esq, Hawaii Public Records never States Where Hon Barak Original Birth Certificate came from, in Hawaii, Bringing Birth Certificate From anywhere, Even FORGEIN nation & surrendering that Certificate for Hawaian Certificate of Birth is Legal & Disclouse NOT Legal. To prevent less native Hostility toward Overseas workers, often from Milatary. Hon Barak esq Is Al Quaeyda Adjutant General FROM Somila.
Never has US Citizen Been Mrore Decieved, In Fact Pictures of Hon House Passage may be photoshops of much earlier time when Defunct Pictured Sgt at Arms, could get in Building, As Late Night Entry IS NOT Allowed By Anyone of Any Reason, matter of policy.
Did Hon US Senate Pass bill of Legislation or did simply revolve around musical chairs venue. Awaiting Suckers whom now are about to enter Very FRENCH Style of mediciene. Go In & Never Come Out, Hospitol only for Killing Patients with Unlimited term of Stay Allow Under health Care Bill ,being tortured to Death I More Accurate by Few Families involved in That Specific Hospitol as Staff Enjoys another, Entertainment Murder With BIG PayOff, Insurance & Possessions of Victim.

DEFEAT HEALTH CARE BILL OR DEFEAT OWN CITIZENS CIVIL RIGHTS.

SLAUGHTER OF PEOPLE IS NOT LEGAL, YET THATS ONLY BASIS OF HEALTH CARE IN HEALTH CARE BILL BILL.
orig posting:

Exact Same Style weekend event by HON US Congress sent HealthCare bill to HON US Senate in LATE 2009. Several Problems then, US Congress was NOT In session that day/NIGHT & photos show Person with Grey hair, heavy set & Mustache, identified in News Release as hon US Congressional Sgt at Arms, whom Lost Job (fired) about 6 Years ago. Recently, earlier today, picture on internet with Same Heavy set gray haired & Mustached defunct Sgt at ARMS, with group in HON US Congress Floor area with Hon Pelosi, Seems that specific BAD guard Knows how to enter US Congress when out of session, Intends HEALTH CRE BILL DECEPTION WITH GREAT FREHOUGHT & Pulling ILLICIT Spoof Photo session that becomes foundation for HealthCare bill Moving Bill on in Process,NOT by Vote.
Unfortuntely ANYONE Can Vote for Hon US Represenative in Chamber. Even ONE Person Can Vote for Entire hon House of Represenatives. complete Fraud, Public Seems NOT smart Enough to UnderStand Mess HELATH CARE BILL has fallen into. terrible Crime, Right in Front of US CITIZENS Public Eyes.
Murder Is NOT Health Care & Present Bill Is Harvest of People whom bought BAD Package, NOT HealthCare At ALL. Entertainment Murder In isolated Place called hospitol. Inside Foundation of present HealthCare, Is HATE of Citizens of United States of America Lawyer Often Seems Are that Way with Others. Whole Lie now called health Care Bill Needs Be Thrown Out, Defeated.HON Congress Is About To Criminalize HealthCare Process Further than every before. Public Being Duped & Repeat of first events in US Congress in Late 2009.November 2009.Hon US CongressPeople Are NOT Above Law. Complete Investigation of Method & Legality of HEALTH CARE BILL & PRSUMED VOTE NEED BE ENACTED & DONE BEFORE ANY FURTHER FLOOR TIME IS CORRUPTED.
Signed:PHYSICIAN THOMAS STEWART von DRASHEK M.D.
GEORGE MASON UNIVERSITY 1984 to 1988.
Posted by: thomasxstewart1 | March 17, 2010 9:06 PM | Report abuse

[TA97Radio]

This is another great example of Government by the Government, for the Government. If they actually listened to the educated American people who understand all the extra non essential things that are in this humongous bill, they would stop immediately and redo the bill to be about health insurance. Don't listen to their sad story about people who have been denied or can't afford insurance. They only use these examples to push their cause through and I guarantee you it is only a marketing ploy by Obama and Pelosi to push this bill to pass, they actually could care less about these people. They have already spent millions just in marketing and advertising alone to convince you this bill is ok. Great way to use our federal funds. With the millions they spent to market it, millions could have been given insurance. Don't be blinded by their false concern. It's more government control with a ton of add-ins that have nothing to do with insurance. This bill will only make it worse and throw more Americans into poverty with the "mandatory" insurance requirement in this bill.

[cjvwise1]

Now that the Health Care bill races to this magical passing maneuver, I am wondering if, once we all are covered....will we also be forced to still pay for medical coverage on auto policies, home policies or workmen's compensation coverage. It seems to me, by makeing this thing mandetory, we would not "have to pay" for duplicate coverage under any other policy. Mandatory coverage would delete the necessity of all these other policies, would it not?

[cjvwise1]

Now that the Health Care bill races to this magical passing maneuver, I am wondering if, once we all are covered....will be also be forced to still pay for medical coverage on auto policies, home policies or workmen's compensation coverage. It seems to me, by makeing this thing mandetory, we would not "have to pay" for duplicate coverage under any other policy. Mandatory coverage would delete the necessity of all these other policies, would it not?

[truthfairy1]

Senator R Byrd (D-WV), creator of the budget reconciliation rule, fully endorsed its use for passing the Democrats Health Care Reform bill amendments, pointing out in a letter to the Charleston Daily Mail, that the Senate bill HAD ALREADY BEEN VOTED AND PASSED BY MAJORITY VOTE, thus reconciliation is only used for the fixes. His letter also boldly refuted any outrageous mis-characterizations of its lawful stature by desperate Republican leaders, in a last-minute bid to discredit its integrity, since they openly stated their desire to "stop the bill" so "Obama fails".
http://www.jedreport.com/2010/03/byrd-right-wing-reconciliation.html
These two official Congress Reports explain "Byrd" & Self-executing Rules and put an end to false accusations of their unconstitutionality.
http://www.rules.house.gov/Archives/98-710.pdf
http://budget.house.gov/crs-reports/RL30862.pdf