The Slaughter Strategy and that Pesky Constitution

I’m sure others have already pointed this out, but there are several constitutional issues in the way of passing Obama Care.

First, the Senate bill under consideration did not originate in the House.  It was wholly conceived in the Senate.  The current Senate bill has a revenue scheme, does it not?

The Constitution says this about about legislation that contains taxation provisions:

ARTICLE 1, SECTION 7:

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Now, as for the Slaughter strategy, which is described as this:

Here’s how it would work: The House would “deem” the main Senate bill to have passed without directly voting on it as long as the House approves a companion bill of amendments to the Senate bill.  Link

Section 7, Article 1 says this, though:

But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively.

That’s right, our founding document, requires that all Bills will be voted upon.

The Slaughter strategy is an affront to this Republic.  If attempted, it will be an attack upon the Republic.  Should the Democrats proceed with this strategy, the Supreme Court will surely rule it unconstitutional, lest the people rise up to defend the fabric of our social contract.

Remember, should the Democrats attempt to pass Obama Care in this fashion, it will be they who are in open rebellion against the people.

Update:  A reader objected, saying that A1, S7 deals with only the veto.  Upon closer examination, I’ll have to disagree.  Here is Article 1, Section 7:

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Didn’t this bill originate in the Senate?  Doesn’t it raise revenue?  A long shot, but if the Constitution means anything….

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, (The Slaughter rule pretty much makes the Senate bill pass by magic, fiat, but not by vote.  How else does a bill pass, except by vote) be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.<—this bold section deals with veto, but the next sentence obviously moves on and defines how a bill is to passed—> But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively.<–this sentence doesn’t say in the case of the veto, it says “in all such cases.” If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States;<–if the House doesn’t vote on the Senate bill, how can it have concurred? and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.