Michael W. McConnell: The Health Vote and the Constitution—II – WSJ.com.
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.
November is Coming… | Sign the Petition Today!.
Dear Member of Congress:
Your vote isn’t the only one that counts. November is coming and you can’t hide from the voters. Corrupt backroom deals are driving a government takeover of our health care, and I don’t like it. If you vote YES on the health care bill, I will vote NO on you in the next election.
The People are speaking out about their distrust of the health care bill but is Congress listening.
What about the President? The man is a more concerned with himself than he is with the People and their will. It’s still all about him. It’s still all about his presidency. His present last ditch effort amounts to ‘Please save me!’
“There are serious implications of losing on President Obama’s ability to be effective for the rest of his three years in office,” Waxman told POLITICO. “That’s a message [undecided members] need to hear. If they don’t think that affects them if they are reelected, they are burying their heads in the sand.”
But many Democrats simply aren’t buying it after months of what they view as Obama’s disengagement from the health care battle.
“We’ve always known he’s a fourth-quarter player, and it’s great to see him on the field,” said an aide to a senior House Democrat. “So why did he sit on the sidelines for the last eight months?”
Rep. Stephen Lynch (D-Mass.), a firm “no” vote, has politely rebuffed feelers from Obama’s staff and rejects the idea that he can’t survive a defeat on health care.
Bob cusack:
Rep. Pete Sessions (R-Texas) said Thursday that all House Republicans are planning to go to the Rules Committee in an effort to amend the healthcare reform bill.
Be Holy! 