Mr. McConnell, a former federal judge on the U.S. Court of Appeals for the Tenth Circuit, is a law professor at Stanford University and director of the Stanford Constitutional Law Center:

In just a few days the House of Representatives is expected to act on two different pieces of legislation: the Senate version of the health-care bill (the one that contains the special deals, “Cadillac” insurance plan taxes, and abortion coverage) and an amendatory bill making changes in the Senate bill. The House will likely adopt a “self-executing” rule that “deems” passage of the amendatory bill as enactment of the Senate bill, without an actual vote on the latter.

This enables the House to enact the Senate bill while appearing only to approve changes to it. The underlying Senate bill would then go to the president for signature, and the amendatory bill would go to the Senate for consideration under reconciliation procedures (meaning no filibuster).

This approach appears unconstitutional. Article I, Section 7 clearly states that bills cannot be presented to the president for signature unless they have been approved by both houses of Congress in the same form. If the House approves the Senate bill in the same legislation by which it approves changes to the Senate bill, it will fail that requirement.

One thing is sure: To proceed in this way creates an unnecessary risk that the legislation will be invalidated for violation of Article I, Section 7. Will wavering House members want to use this procedure when there is a nontrivial probability that the courts will render their political sacrifice wasted effort? To hazard that risk, the House leadership must have a powerful motive to avoid a straightforward vote.

Mr. McConnell, a former federal judge on the U.S. Court of Appeals for the Tenth Circuit, is a law professor at Stanford University and director of the Stanford Constitutional Law Center.

Democrats Self-executing – How Lovely!

March 15, 2010 by Be Holy

Democrats aren’t suicidal. They’re self-executing | Washington Examiner.

Death by Algae-nan

Krauthammer – In Praise of the Rotation of Power

March 14, 2010 by Be Holy

RealClearPolitics – In Praise of the Rotation of Power.

Charles Krauthammer praises rotation of power:

“Barack Obama is now commander in chief. The lack of opposition (to our presence in Iraq and the war in Afghanistan) is not a matter of hypocrisy. It is a natural result of the rotation of power. When a party is in opposition, it opposes. That’s its job. But when it comes to power, it must govern. Easy rhetoric is over, the press of reality becomes irresistible. By necessity, it adopts some of the policies it had once denounced. And a new national consensus is born.”

Krauthammer further explains:

“The rotation of power is the finest political instrument ever invented for the consolidation of what were once radical and deeply divisive policies. The classic example is the New Deal. Republicans railed against it for 20 years. Then Dwight Eisenhower came to power, wisely left it intact, and no serious leader since has called for its repeal.

Similarly, Bill Clinton consolidated Reaganism, just as Tony Blair consolidated Thatcherism. In both cases, center-left moderates brought their party to accept the major premises of the highly successful conservative reforms that preceded them.

A similar consolidation has happened with many of the Bush anti-terror policies. In opposition, the Democrats decried warrantless wiretaps, rendition, and detention without trial. But now that they are charged with protecting us from the bad guys, they’ve come to view these as indispensable national security measures.”