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Pelosi, Slaughter Against ‘Deeming’ In ‘05

From the Washington Examiner:

Pelosi, Slaughter went to court against GOP’s self-executing rule in 2005

By: Mark Tapscott


You’ve been hearing a lot this week about the Slaughter Solution, the rule devised by House Rules Committee Chairman Louise Slaughter of New York whereby the House would pass an Obamacare reconcilliation bill via a rule that "deems" the chamber to have voted for the Senate version of Obamacare even though no such recorded vote was actually taken.

It’s been dubbed the "Slaughter Solution in the media. I prefer to call the Alice in Wonderland way of passing Obamacare.

But put aside the present for the moment and step into my time machine. Dial the date selector back to 2005 when the Republican majority in Congress approved a national debt limit increase using a self-executing rule similar to the Slaughter Solution.

Guess who went to federal court to challenge the constitutionality of the move? The Ralph Nader-backed Public Citizen legal activists. Here’s the argument they made:

"Article I of the United States Constitution requires that before proposed legislation may "become[] a Law," U.S. CONST. art. I, § 7, cl. 2, "(1) a bill containing its exact text [must be] approved by a majority of the Members of the House of Representatives; (2) the Senate [must] approve[] precisely the same text; and (3) that text [must be] signed into law by the President," Clinton v. City of New York, 524 U.S. 417, 448, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998).

"Public Citizen, a not-for-profit consumer advocacy organization, filed suit in District Court claiming that the Deficit Reduction Act of 2005, Pub.L. No. 109-171, 120 Stat. 4 (2006) ("DRA" or "Act"), is invalid because the bill that was presented to the President did not first pass both chambers of Congress in the exact same form. In particular, Public Citizen contends that the statute’s enactment did not comport with the bicameral passage requirement of Article I, Section 7 of the Constitution, because the version of the legislation that was presented to the House contained a clerk’s error with respect to one term, so the House and Senate voted on slightly different versions of the bill and the President signed the version passed by the Senate.

"Public Citizen asserts that it is irrelevant that the Speaker of the House and the President pro tempore of the Senate both signed a version of the proposed legislation identical to the version signed by the President. Nor does it matter, Public Citizen argues, that the congressional leaders’ signatures attest that indistinguishable legislative text passed both houses."

And now for the kicker, guess who joined Public Citizen in that suit with amicus briefs:

Nancy Pelosi

Henry Waxman

Louise Slaughter

If the Pelosi/Slaughter/Waxman argument against using a self-executing rule against a debt limit increase measure sounds familiar, it should because it’s the same argument now being used by Republicans to oppose the Slaughter Solution for moving Obamacare through the House.

Of course, there is one major difference between 2005 and 2010. Debt limit increases are routine in Congress and have been for decades. But to place the American private health care system under government control — effectively socializing one-sixth of the U.S. economy — that has never been done before.

Read all about it here and here.

To be fair, if it weren’t for hypocrisy the Democrat leadership would have no principles at all.

This article was posted by Steve on Tuesday, March 16th, 2010. Comments are currently closed.

4 Responses to “Pelosi, Slaughter Against ‘Deeming’ In ‘05”

  1. proreason says:

    Is America awake yet?

  2. MinnesotaRush says:

    Over at John Boehner’s “The GOP Leaders Board”, they have this little gem regarding the “Slaughter Rule”:

    “House Rules Chairwoman Louise Slaughter is prepping to help usher the healthcare overhaul through the House and potentially avoid a direct vote on the Senate overhaul bill, the chairwoman said Tuesday.”
    “Slaughter is weighing preparing a rule that would consider the Senate bill passed once the House approves a corrections bill that would make changes to the Senate version.”
    “The CongressDaily report was authored by Anna Edney, with Billy House and Dan Friedman contributing.”

    I left a posting to them that I’m going to take into some other circles; but I’m thinkin’ we need to turn up the heat on these birds very dramatically – maybe a ton of signatures gathered across the Country calling for the expulsion of each and every clown that sides with this Slaughter Rule. Here’s my post to Boehner:

    “Words fail me to fully describe my disgust with our elected officials and their constant willingness to completely ignore our Constitution! Sadly, on BOTH sides of the aisle.”
    “Article 1, Section 8 of our Constitution clearly defines the duties .. the authorized powers .. of the Federal government. It also says that ALL other powers are reserved to the States and the People.”
    “Why are the Republicans so anxious to work to create a workable health care bill ’stead of decalring it an unconstitutional activity!”
    “Why aren’t the Republicans demanding the immediate expulsion of ANY member of the Congress that supports or endorses the flim flam “Slaughter Rule”. They have CLEARLY shown their intent and willingness to circumvent the Constitution of the United States and thusly have violated their oath of office.”
    “Start playing some hardball!!! The dimwits are!!!”

  3. Right of the People says:

    I saw the new Alice in Wonderland and let me tell you, Nancy Pelosi was great as the Queen of Hearts and it didn’t look like they used any makeup at all.

    She was great in the Wizard of Oz too.

  4. Mithrandir says:

    Why are we wasting money campaigning for people, sending them to Washington, paying their salaries, health care, retirement when they are not even going to vote on legislation anyway?

    What’s the point? Democracy is dead.

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