“Deeming” a bill passed is Unconstitutional
If Nancy, Harry and ObamaÂ try to jump over the “Health Care Reform” net by having the House vote on some language to modify the Senates version of the billÂ while “deeming” to pass it without actually voting on that same Senate bill there will be a lawsuit.Â Nancy and Co.Â will lose that suit on Presentment Clause grounds.
The deliciousness of them losing will be flavored by the fact that a recent and unanimous Supreme Court ruling established this precedent with the most liberal Justice of the Court (Stevens) writing the opinion in Clinton v. City of New York.
“…The Balanced Budget Act of 1997 is a 500-page document that became â€œPublic Law 105â€”33â€ after three procedural steps were taken: (1) a bill containing its exact text was approved by a majority of the Members of the House of Representatives; (2) the Senate approved precisely the same text; and (3) that text was signed into law by the President. The Constitution explicitly requires that each of those three steps be taken before a bill may â€œbecome a law.â€…”
Justice Stevens wrote the opinion and was joined by Rehnquist, Kennedy, Souter, Thomas, and Ginsburg
Scalia wrote a separate opinion that agreed with Part III and he was joined in that opinion by O’Connor and Breyer
Breyer did write a separate dissent to the case however but not in disagreement to Part III
That means on the critical aspect of the case – the steps required for a bill to become law – the Court spoke with one voice.