In the Slaughter Solution, the rule would declare that the House "deems" the Senate version of Obamacare to have been passed by the House. House members would still have to vote on whether to accept the rule, but they would then be able to say they only voted for a rule, not for the bill itself.Basically, in my opinion, if the House of Representatives passes such a rule...it would be unconstitutional. But, thankfully, I'm not a lawyer...so my opinion is moot. On the other hand, if the House were to pass such a "rule" would be extraordinarily dangerous...not just that using such a "rule" to extralegally pass legislation without actually voting on it, but a large majority of the country wouldn't take setting aside the Constitution lightly. It would either see the destruction of the Democratic Party...or would be the start of a revolution. It could go either way.
Here is Article 1, Section 7 of the United States Constitution:
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law,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. 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 seems rather straight forward...but, go to the Volokh Conspiracy and read ALL of the comments. They are very interesting. Also take a look at the blog entry at Redstate as well.
Hat Tip: Instapundit