Since the reprehensible Nancy Pelosi has decided to pursue the route proposed by the disgusting-yet-aptly-named Louise Slaughter and “deem” the Senate health care bill “passed” if the House votes to approve the “fix” bill that goes along with it (I’m still confused as to how this solution would shield the Dems from responsibility for passing Obamacare, which they are trying to dodge but would be the result of the vote on the “fix”), it might be worth taking a look at how badly this legislative chicanery would rape the Constitution upon which our republic is supposed to be based. Would it be just a minor assault, or a full on rape-and-murder? The Volokh Conspiracy ponders:
Can the House vote to adopt a rule which “deems” that a particular bill has been passed, even if that particular bill has not been passed? If so, are there any limits to the adoption of House rules which eliminate voting on bills? For example, could the House at the start of a session adopt a rule which states that there will be no voting by individual members, and that the House during the next two years will “deem” to have been passed whatever the Speaker of the House deems to have been passed? Is the question justiciable?
Presumably, the Dems will just respond that the Constitution was hanging out on the Mall late at night wearing a pretty provocative outfit and was just “asking for it.” Then, while walking out of the room, they’ll suggest that the battered document just “put some ice on that.”