18 Mar 2010 Investor’s Business Daily Cites Us on Constitutionality of Self-Executing Rule
Investor’s Business Daily was kind enough to quote this blog in an editorial.
Using a parliamentary trick ironically known as the “self-executing rule,” Democrats plan on passing their massive health bill without voting. In November, they’ll learn just how “self-executing” it was.
Just when you thought Washington couldn’t get more corrupt, House Speaker Nancy Pelosi this week seems intent on trampling representative government itself. Unable to get the votes to pass their U.S. health care revolution, she and her fellow Democratic leaders have figured out a way to pass it without a vote.
The “self-executing rule” has been “used to adopt concurrent resolutions correcting the enrollment of measures or to make other technical changes to legislation,” according to the Congressional Research Service of the Library of Congress.
It’s “a two-for-one procedure,” as the CRS describes it, because the House of Representatives always must pass a rule, written by the House Rules Committee (where Democrats hold a 9-to-4 majority), setting the terms of debate on a particular piece of legislation. In this case, it’s been rigged so that if the rule passes, the legislation passes too.
The trick has been used before, as cited by the CRS, on obscure measures like the prohibition of smoking on airline flights in 1989, an employee verification program regarding illegal aliens in 1996, the blocking of the use of statistical sampling for the 2000 census until federal courts could determine its constitutionality, and an IRS overhaul in 1997.
But never on anything approaching such landmark legislation.
Amy Ridenour, president of the National Center for Public Policy Research, is among a number of legal scholars who believe this Slaughter Solution, named after House Rules Committee Chairwoman Louise Slaughter, D-N.Y., “would stand a very good chance of being tossed out by the U.S. Supreme Court.”
In the 1998 Clinton v. City of New York ruling on the line-item veto, liberal Justice John Paul Stevens, writing for a 6-to-3 majority, “laid a likely road map for how the court might rule on a challenge to the constitutionality of the Slaughter Solution,” according to Ridenour.
Stevens made note of “three procedural steps” that must be taken before a bill becomes law: The “exact text” must be “approved by a majority of the members of the House of Representatives”; the Senate must approve “precisely the same text”; and the same text must be “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.”
There’s more. You can read the rest here.