More silliness on Slaughter

Karl Denninger:

Attempting to "deem" the Health Care bill passed when it has not actually been voted on is not Constitutional. Article 1, Section 7:

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

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. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

This is the black-letter law of the land.

(Denninger's emphases.) Yes, that is "the black letter law of the land," but it doesn't say what the emphases suggest Denninger thinks it says.

Article 1 section seven does not require a recorded vote for all bills. It doesn't actually say that (the qualifier "all such Cases" refers to bills returning from a Presidential veto). And if you think about it, it can't be construed that way: if section seven requires a recorded vote for all bills, then section five makes no sense, because its provision for one fifth of the members of either house to require a recorded vote presupposes that there will not otherwise be a recorded vote.

Thus, exceptio probat regulam in casibus non exceptis, section five's exception confirms the rule that is already apparent on the face of section seven.

Added: Mark Levin's threatened lawsuit on these grounds is discussed here.

Post facto
Just to be clear (3/19/10)