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Is the Slaughter solution for real? — 6 Comments

  1. If we don’t need to have real votes, we don’t need to have a Congress either. No representation without representation.

  2. It is hard to imagine that the Slaughter Rule could withstand a challenge under Article I, Section 7. You would need to define the resolution with a footnote as being identical to the “bill” the Senate passed. Inasmuch as the rule of law depends upon having exact, statutory language, there is reason to believe that the courts would take a dim view on a “law” where exactly the same language didn’t pass both Houses.

    I’m not a lawyer, but this strikes at the essence of what it means to have a Republic. I would expect for there to be some pretty heavy duty precedents that such a resolution equals a “bill” for statutory and constitutional purposes. Maybe such precedents exist, but I have never heard of them. Absent such a precedent, I would expect the SCOTUS to invalidate the law.

    This move is too clever by half, and it is bound to generate a Constitutional challenge from the first person who refuses to pay taxes to pay for it, or the first senior citizen who has their Medicare cut, or the first physician who challenges its regulatory authority.

  3. No bill can be passed that hasn’t been voted on: as I’ve said before, that is plain and simple common sense. No Congressional precedent, and no court decision, can make it otherwise.

    As I’ve also said before, if they want an insurrection, the quickest way for them to get one is to pretend to have passed a bill they didn’t vote on.

    If the Democrats in Congress do it, I am quite confident that Americans will give them what they will so richly deserve.

  4. I want to go to Virginia. Really!

    Richmond Times: Virginia’s General Assembly is the first in the nation to approve legislation that bucks federal health care reforms by banning mandatory health insurance coverage. Without debate, the House of Delegates voted 80-17 Wednesday to accept Senate amendments to a bill that supporters say preserves Virginia’s prerogatives as a state. Thirty-four other legislatures have filed or proposed similar measures rejecting health insurance mandates.

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