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Prof. McConnell: The House Health-Care Vote and the Constitution

By Michael W. McConnell

Democratic congressional leaders have floated a plan to enact health-care reform by a procedure dubbed “the Slaughter solution.” It is named not for the political carnage that it might inflict on their members, but for Rep. Louise Slaughter (D., N.Y.), chair of the powerful House Rules Committee, who proposed it. Under her proposal, Democrats would pass a rule that deems the Senate’s health-care bill to have passed the House, without the House actually voting on the bill. This would enable Congress to vote on legislation that fixes flaws in the Senate health-care bill without facing a Senate filibuster, and without requiring House members to vote in favor of a Senate bill that is now politically toxic.

The Slaughter solution cannot be squared with Article I, Section 7 of the Constitution.

Senate rules protect against majoritarian overreach by allowing a determined minority to filibuster most types of legislation. The majority needs 60 votes to override a filibuster. One exception, adopted in 1974, is legislation that makes adjustments to spending or revenues to reconcile current law to a budget resolution that has passed Congress. These are called reconciliation bills, and they require only a majority vote.

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Inside the Dome for March 15

March 15th, 2010, Washington, DC–From ALG News’ Capitol Hill Correspondent Derek Baker:

In the Senate, parliamentarian Alan Frumin is getting a great deal of attention of late, with literally the fate of the country at stake on how he rules on provisions within the Democrats healthcare reconciliation package.  Republicans are expected to show a united front of opposition to ObamaCare and will vote as a block to support every possible point-of-order against the bill.

Banking Committee chairman Dodd is expected to unveil his financial reform bill this afternoon, a package some expect to create concerns on both sides of the aisle. One provision rumored to be included that’s certain to anger conservatives is the creation of the much maligned consumer financial protection agency within the Federal Reserve.

Bottom Line: While there will undoubtedly be a great struggle against the reconciliation bill in the Senate, if it gets to that point, the reality will be that the bulk of ObamaCare will have already passed the House and on its way to Obama’s desk. Defeating reconciliation in the Senate will only alter ObamaCare, not defeat it. Thus, House Dems must be made to realize any deals they make trading their vote for reconciliation provisions may not come to fruition.

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House Aide Confirms That Slaughter Solution Never Used Before

From Mark Tapscott at the Washington Examiner:

Members of the U.S. House of Representatives have never before been asked to pass legislation by “deeming” it approved under a House rule instead of following the process required by the U.S. Constitution in which they actually vote on the proposal itself, according to a senior aide to House Republicans.

The procedure – dubbed by critics as the “Slaughter Solution – is the brain-child of House Rules Committee Chairman Rep. Louise Slaughter, D-NY, who, at the request of House Speaker Nancy Pelosi, D-CA, is trying to fashion a rule that would allow the House to move toward passage of a health care reform bill without a recorded vote on the Senate version.

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