Posted on 03/18/2010 8:19:28 PM PDT by Lmo56
United States Constitution: Article I: Section 7: Revenue Bills, Legislative Process, Presidential Veto
” ... All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
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. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill ...”
The Constitution REQUIRES that the votes on EVERY bill be recorded - NO EXCEPTIONS. Otherwise, the procedure violates the Presentment Clause of the Constitution.
If they vote on the "Slaughter Rule" and "deem" that the Senate bill is passed, they only have two options:
1. They DO NOT have their votes on the "Slaughter Rule" recorded in the House as votes for the Senate bill. In which case, the Senate Bill shall have NO votes recorded for it. So, EITHER the bill will be recorded AS NOT having a majority, in which case, IT CANNOT BE "DEEMED" passed. Or, they present the bill to the President for signature, without having anything recorded in the record - which is a DIRECT VIOLATION of Article I, Section 7.
2. If they DO record those votes as votes on the Senate bill in the Congessional Record - then they cannot hide behind Pelosi's skirts come election time [saying that they DID NOT vote for the Senate bill].
I believe they have the votes. The slaughter crap is a diversion.
That’s the way things worked way back when we still had a Constitution. We’re in a post-constitution era now....
Prolly will - but if they vote straight up or down, their fingerprints will be all over it come election time - no hiding.
Then, the real "slaughter" occurs at the polls - and I hope that Boehner then keeps his promise and "holds" any nomination of a defeated Democrat who is then proposed to get an administration job ...
They don’t give a damn about the constitution. The people doing this are demonic - pure evil - and they deserve punishment.
Yeah - but the Utah AG is now REQUIRED by state law to file suit with SCOTUS if healthcare is passed [new law that Utah just passed]. Something like 34 other states are considering it.
Since John Paul Stevens wrote the opinion in Clinton v. City of New York, and stated that you CANNOT violate the Presentment Clause of the Constitution - I presume that SCOTUS would be interested in this ...
Quoting Art 1 Sec 7 isn’t enough. Apparently there is more to this with the lawyers. I got smacked down on another thread by a Con lawyer for quoting this:
http://www.freerepublic.com/focus/f-news/2472905/posts
Even if they have a proper vote, don’t the changes mean that the whole bloody mess has to be returned to the Senate?
I guess that my point is the Constitution requires that EVERY bill have its votes recorded in each house's journal PRIOR to landing on the President's desk for signature.
Now, we ALL agree that there will be a bill on his desk [if passed]. WHATEVER the bill is, and however it was conjured up, it will be called the healthcare bill - and it MUST have the votes recorded FOR AND AGAINST it, per Article I, Section 7.
IF it DOES NOT have the votes recorded from BOTH the House and the Senate in EACH house's journal - it violates the Presentment Clause of the Constitution. That can be a constitutional challenge to its validity.
IF it DOES have the votes recorded from BOTH the House and the Senate in EACH house's journal - then the Dems cannot say that they DID NOT vote for it and they will pay with their political lives in November.
Especially since there will be 8 month's time for it to be flayed and exposed for all of the American public to see ...
FYI: In Clinton v. City of New York, Justice John Paul Stevens cited that the procdures outline in the Presentment Clause CANNOT be violated ...
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