March 18, 2010

From Redstate: An Amendment to Declare the Unconstitutionality of Deem and Pass

Reposting, in its entirety, from Dan Perrin at Redstate:

“Mr. President, I send an unprinted Amendment to the desk, and ask for its immediate consideration,” are the exact words that any U.S. Senator can say when offering this amendment on the floor of the U.S. Senate.

This amendment, below, should be walked down to the floor of the U.S. Senate and voted on prior to any vote on the floor of the U.S. House, in order to prepare the legal battlefield for the court challenge against the Alice-in-Wonderland-like-Red-Queen, Speaker Pelosi, and her dictatorial and unconstitutional scheme to pass the Senate Health Care bill without voting on it. While we are uncertain that we will be fighting on this ground, it is essential to prepare the battlefield, if we do.

This amendment, I am reliably advised, was written by a former judge on the 10th Circuit Court of Appeals who was on President Bush’s short list for the Supreme Court (Roberts beat him out) and is recently retired and is teaching Constitutional law at one of the most prestigious national law schools at University on the west coast.

So, in other words, don’t mess with the language of this amendment. Just launch it, now on whatever bill is now pending on the floor of the U.S. Senate.

START OF TEXT OF THE AMENDMENT:

Unprinted Amendment No.___ .

Intended to Proposed by Mr. _________.

Viz:

Add at the end of the bill the following new Section:

“Sec.___ . a) Inasmuch as Sections Five and Seven of Article I of the United States Constitution mandate a certain process for the enactment of a federal law and do not allow a measure to become a law by “deeming” it passed by either House of Congress, it is the Sense of the Senate and its judgment that the House of Representatives is required by the Supreme Law of the United States, to vote directly and up or down on H.R. 3590 in order to send that measure lawfully to the President, if, and only if, it shall have been approved by a majority vote of each such House taken on an identical measure; and, more particularly, it is the Sense of the Senate that, in conformity with Article I of the Constitution, the House of Representatives, unless the measure is returned to the Senate with an Amendment by the House, must vote directly on the language sent to it by the Senate precisely as it was duly enrolled at the direction of the Senate by its Enrolling Clerk, certified as an Act of the Senate by the Secretary of the Senate, and thereupon transmitted by the Senate’s Messenger to the House Chamber while the House of Representatives was in actual Session.

b) It is the further Sense of the Senate that the exact words that the Senate caused to be enrolled on parchment and taken by messenger to the House of Representatives, constitute the sole document and the only document upon which Members of the House can lawfully cast their vote, whether Yeah or Nay, under the process expressly mandated by the United States Constitution; and it is also the Sense of the Senate and its judgment that to do otherwise by “deeming” rather than voting would void any purported enactment, deprive it of the force of law, justify disobedience to it, and cause irreparable violence and harm to our system of government and its fundamental law through fraud, deception, abuse of power, and usurpation of the civil rights of the People.

c) This Section maybe cited as the “Congressional Voting Rights Resolution.”.

END OF AMENDMENT TEXT.

I further ask all patriots and Americans who care deeply about the U.S. Consititution to re-post the text of this Amendment every where possible on the internet. Specifically, wallpaper the web with the text of the this Amendment, today.