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The Slaughter House Rules

By Rep. Thaddeus G. McCotter on 3.16.10 @ 10:14AM

In watching House Democrats maintain their acme of arrogance, by defying the American people and shredding the U.S. Constitution, the irony of it all staggers:

First, using the "Slaughter House Rules" to skirt a substantive vote and "deem as passed" the Senate's government-run health care bill would violate constitutionally prescribed procedures for duly passing and enacting federal legislation. Obviously, this dysfunctional legislative branch's Leftist majority cares little about this pesky "supreme law of the land."

Second, though, the separate, equal judicial branch of the federal government will care, and herein Democrats may finally be able to take credit for "new jobs created," because listen closely and you will hear the sound of every conservative organization hiring a retinue of lawyers to queue up to take any health care bill passed under the "Slaughter House Rules" straight to federal court.

Finally, one is tempted to think such an unconstitutionally enacted government-run health-care "law" will meet the same frosty reception from at least five Supreme Court Justices that they received from Congressional Leftists during the State of the Union.

View all comments (30) | Leave a comment

Sarah| 3.16.10 @ 11:04AM

When/if this gets to the Supreme Court we should put all conservative Supreme Court Justices and their families under protective custody.

Cory| 3.16.10 @ 11:11AM

Is there not a preemptive legal procedure that lawyers can file in the courts that can question the legality of any and/or all possible procedures the House/Senate plan to use to jam Obamacare through, and halt the process from going forward until the courts have decided either way?

If yes, are the people fighting for TRUE health care reform working on this option?

Mick| 3.16.10 @ 11:23AM

The Supreme Court needs to strap on their cahones and rule this entire farce unconstitutional...without a case being filed, waiting for years to wind/grind it's way through the 'corrupt legal system'!

They can make their own rules on how they rule on anything...where is it written in the Constitution that the Supreme Court can only rule on cases filed/appealed?

Mick| 3.16.10 @ 11:27AM

Lawyers...show me anywhere in the below Constitutional provision where the Supreme Court can't rule on the constitutionality of the actions of Congress or the President...com'on, you can do it...twist the words, make stuff up...I'm waiting.....................................

Article III
Section 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3.
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

JP| 3.16.10 @ 11:59AM

Mick,
You are correct. Congress and the Judiciary are co-eqaul branches. I don't think the courts ever inserted themselves into House procedures. All the Constitution says it that both houses must "pass" a bill before the President can sign it. The Slaughter Rule is really a procedural process, just like reconcilliation. From a purely legal standpoint, I do not think the GOP can argue that this very narrow process is unConstiutional.

However, that being said, the Slaughter Rule is political dynamite. The Slaughter Rule, like reconcilliation, was intended to be used more as an administrative stop-gap for already agreed upon legislation. Rep Drier used it in 2006 to increase the federal debt limits. Like reconcilliation, the Slaughter Rule was never intended to be the main process in which to pass expensive, unpopular legislation -which is what Pelosi is doing.

However, I beleive the best way to deal with this is not through the courts, but through the voting booth. The political process is a much better and more efficient way to way to punish the Dems. And I believe if the Dems resort to the Slaughter Rule, they will be on the receiving end of one of the worst election beatings come November.

Nick| 3.16.10 @ 2:15PM

Mick,

Actually, it is the other way around. Congress determines the appellate jurisdiction for the Supreme Court.

The relevant portion, from Article 3, Section 2:
"In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."

I disagree with those who claim that we have 3 Co-Equal Branches. A close reading of the Constitution shows that the Congress has all the power, if it chooses to exercise it.

The U.S. Congress has the power to remove the president, all cabinet officers, and all judges through impeaching, trying, and convicting them; the power of the purse; the power to make any law they want to, by overriding a presidential veto; the power to declare a war and to cut off funds for it; and the power to restrict judicial appellate jurisdiction.

How is that co-equal?

Big Nat| 3.16.10 @ 7:31PM

As a former Congressional staffer, I am fairly familiar with the limits of Congressional power. Nick is right, Congress does have have the balance of power, though most of it is latent and rarely is used in full force. The framers made it difficult by imposing safeguards against the tyranny of the majority by creating an inefficient legislature. This is not to say that the President cannot wield more power in certain discrete circumstances, such as in the case of war or national emergency, and through the use of his veto power, or that the Supreme Court cannot reign in an overbearing Congress by deeming its laws unconstitutional (or even attempt to legislate on its own), but in final analysis Congress has the upper hand.

Fortunately, the greatest power resides with the people who can exhibit their displeasure at the voting booth. This is the ultimate safeguard against a runaway legislature and let us hope we the people exercise our power at the polls this November.

Nick| 3.16.10 @ 8:20PM

Big Nat,

Thanks for the affirmation!

Hopefully we the people will not stop exercising our power after November.

I think we need to implement a plan to rid the U.S. Congress of all it's members who have been around longer than 12 years by 2016.

We can start with those who have been there for over 20 years and work our way down.

SoCon| 3.16.10 @ 9:29PM

It's not enough to just vote and think we're safe--we'd better stay awake and involved this time, folks. Forever and without letup.

No more sneaky government under the radar anymore; shine the light of truth on Washington from now on!

How awful if we lost our beloved country on our watch. We can't let it happen.

I pray that God will listen to our prayers and help us take our country back.

Doug Mataconis| 3.16.10 @ 11:53AM

Unless it's in the mood to over turn a 118 year old precedent, the fact is that the Supreme Court is likely to let the Slaughter Solution stand:

http://belowthebeltway.com/201.....-to-stand/

Nobama| 3.16.10 @ 7:10PM

Nice try, but the Slaughter Solution HAS NEVER been used to pass massive trillion dollar legislation that affects the lives of ALL Americans. This is an ugly precedent that democrats will regret. Mark my words.

mt| 3.16.10 @ 12:43PM

Remember the Schoolhouse Rock Session about how a bill becomes a law?

http://www.youtube.com/watch?v=mEJL2Uuv-oQ

Nothing in her about "faking" a vote in one house or the other to "deem" bill passing that house.

How did we get from Madison to this?

http://www.marxists.org/histor.....em1944.mp3

The Republican Heretic| 3.16.10 @ 3:14PM

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Terry| 3.16.10 @ 9:35PM

Cowards, treasonus cowards.

joerlz| 3.17.10 @ 12:25AM

All the witty trains at ROBLOX are LOL in the all maizeful world ROBLOX

Dave| 3.17.10 @ 9:42AM

You guys all missed something here. A year ago Dems were talking big about pouring money into McCotter's district for a Dem challenger. Its been trending a bit to that side since he first got elected.

To have the time and energy - albeit small - to do a quick piece for a publication like TAS says that Thad is feeling pretty confident about his prospects this fall.

I'm in Thad's district, and got to meet him when he walked the neighborhoods as a challenger for the seat. As a reliable if disgruntled GOP'er I asked him how he could possibly win a district that in large part had been represented by John Dingell since the Stone Age.

Thad whipped out a well worn piece of paper that had a pretty good district map on it. He pointed to the specific neighborhoods that he claimed ensured a victory in the fall. He was right. Guy is sharp.

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americanguy| 3.17.10 @ 3:10PM

Why is it that not a single person in Congress wants to uphold the constitution? Healthcare is not a right. I really don't remember reading that anywhere in school. Congress can you please show me where you read this?

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