Is “Deem-Pass” Constitutional?

In about twenty four hours we are going to see members of the House of Represenatives assemble, and havfe to make a decision.  Like they say:  This is where the rubber meets the road.”

If anyone believes there are no Represenatives wondering what will happen in November, that person is fooling himself.  Obama says not to worry about November.  Sure, his termination papers won’t be drawn up until 2012, so it’s easy for him to say things like this.

So, after all of the dodging, and obfuscation, those rascels are going to have to finally push a button and go on record.  Yes, No, or Present.  Like I said… this is where the rubber meets the road.

But let’s assume it does pass, and Snowbama is ready to sign it into law at 7am Monday morning – there will be legal challenges.  Most definitely. 

If Snowbama thought there were too many legal challenges over his birth certificate, that pales in comparison to what is about to happen.

Now… Slaughter… she knows this is going to happen.  So what does she do? She releases a letter from Jack Backin (Yale Law School).  And he says:

“… a reconcilliation measure and an amended bill, is within the House’s power under Article I, Section5, clause 2.”

But since when did Yale professors make the final decision as to how to interpret the Constitution?  Not disparaging Mr. Backin – the point is this – nothing prevents Congress from asking SCOTUS questions about Constitutionality.

And since we’re going to be listening “college professors” instead of SCOTUS, how about we give Mr Michael McConnel (Director of Stanford Constitutional Law Center, Professor Stanford University and former federal judge on U.S Court of Appeals, Tenth Circuitequal listen?

“This approach appears unconstitutional.  Article I, Section 7 clearly states that bills can not 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.”

Once again, I say stop running to college professors for advice – the ultimate authority is SCOTUS. 

If by some chance, this bill does get voted on, and they have the audacity to present it to the President for signature, I’m really going to want to see what he has to say when it gets challenged in court.   Does he have enough sand in the sack to actually say “the courts have nothing to say – I’m signing this bill anyway.”

When historians write about Constitutional crisis, this will be in the top three.

It’s not over – not by any long shot!




10 Responses

  1. nothing prevents Congress from asking SCOTUS questions about Constitutionality.

    Except that it would arguably be un-Constitutional on its face – the SCOTUS position has always been that the Case or Controversy requirement prevents it from issuing advisory opinions, and even back as far as Washington’s Presidency, John Jay argued that it would violate separation of powers for the Court to do so.

    As you say, the Court has the theoretical final say on matters of Constitutionality; I can’t imagine that any hypothetical law suit would get anywhere. There is the issue of standing to consider, itself no technicality, as well as the political question doctrine, and the fact that the Constitution explicitly mandates that each chamber of Congress is the master fo its own rulebook.

    And “deem and pass” is not a new measure, either, despite the shrieking about the “Slaughter Solution” – in the last year when the Republicans were in control, they used the self-executing rule 35 times, and it has been in use since the 1930s. The people hollering about it until now in Congress seemed perfectly fine with the idea when they were in charge; what’s changed in the meantime?

    • Mike – your reply was interesting enough, that I will dedicate a full post to it. Thanks, for sharing your opinion.


      • Thanks, I’m flattered! Unless you post something calling me an idiot, of course 😉

      • Mike – would not call you an idiot. Your Blog site makes it abundantly clear we don’t agree on much – you’re atheist and I’m “Fundamentalist”, you score high on the Left side of the scale, and I score high on the Right side.

        None the less – you are entitled to your opinion. I can’t stand blogs which delete counter opinions, and I won’t start. We’re not going to agree on much of anything, however, I still want you to know you are always welcome to post your comments. In fact, I want to encourage you to do so. Because they make me think – and if I can’t come back with a reasonable counter-argument, it means my position on an issue might not be as well thought out as I first believed.

        So, in a way, you help me to continue to stay sharp and force me to think on my feet. For that…. I’m thankful.

        Now – time to get back to work!


  2. Yeah, I thought as much – I was only kidding, of course 🙂

    Essentially, while we may not respect the substance of each other’s opinion, we do respect each other’s right as individuals to hold said opinions in the first place.

  3. […] by That Other Mike on 21/03/2010 Following a comment I left on a blog elsewhere, I’m dragging myself out of my quiescent blogging state to throw a quick post down about the […]

  4. Just wanted to let you know that your blog is not showing up correctly on the BlackBerry Browser. Anyway, I’m now on the RSS feed on my laptop, so it works!

    • Please understand…I’m being sarcastic – but I wonder just how much I can do to fix that.  I mean – WordPress offerso two formats – the *.org (which means I build the blog from the ground up) and the *.com (the generic platform that WordPress runs).  I’m not a computer guru, so I went with *.com.  If the site is having problems with BlackBerry – that’s on WordPress.

      On the other hand, you do have my apology that this is not loading correctly.  I’m glad the RSS function is working.

      And I do hope to see you around more!  In fact… invite your friends!


  5. This post is beyond awesome. I am always wondering what to do and what not to do so I will follow some of these tips.

  6. One important thing I like about blog articles is this: they spark an idea in my mind. When that happens, I feel like I must write a comment with the hope it may be beneficial to others.

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