Landmark Legal Foundation to Slaughter House butchers: Not without a fight; Update: The states’ revolt

By Michelle Malkin  •  March 17, 2010 05:29 PM


Photoshop exclusive: Big Fur Hat at iowntheworld.com and Applecross Media

(Get your Constitution Butchers poster here.)

Not without a fight, Deem-o-crats:

Mark R. Levin, president of Landmark Legal Foundation, today issued a warning to the leadership of the U.S. House of Representatives about the possible use of the so-called “deem and pass,” “self-executing,” or “Slaughter Rule” to enact H.R. 3590, the legislative version of President Obama’s healthcare proposal that has been previously approved by the Senate. If this tactic is employed, Landmark will immediately sue the President, Attorney General Eric Holder and other relevant cabinet members to prevent them from instituting this unconstitutional contrivance.

“Landmark has already prepared a lawsuit that will be filed in federal court the moment the House acts. Such a brazen violation of the core functions of Congress simply cannot be ignored. Article I, Section 7 of the Constitution is clear respecting the manner in which a bill becomes law. Members are required to vote on this bill, not claim they did when they didn’t. The Speaker of the House and her lieutenants are temporary custodians of congressional authority. They are not empowered to do permanent violence to our Constitution.”

Read the full draft complaint here.

Related: Republican lawyers warn Democrats of “deem and pass” consequences.

***

Update: I noted the states’ brewing revolt against Demcare’s individual mandate back in January.

The revolt continues to spread. Idaho acted today:

Idaho Gov. C.L. “Butch” Otter on Wednesday became the first state chief executive to sign a measure requiring his attorney general to sue Congress if it passes health reforms that force residents to buy insurance. Similar legislation is pending in 37 other states nationwide.

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Posted in: Health care

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Comments


  1. #1
    On March 17th, 2010 at 5:34 pm, rightwingrocker said:

    Amen. It would be nice if Levin would do this for every infraction against the Constitution, like having this stupid “healthcare” crap in the first place.

    RWR
    ww.rightwingrocker.com

  2. #2
    On March 17th, 2010 at 5:35 pm, no2pcbs1 said:

    Mark Levin going after the idiots mentioned (zero,holder and other useful garbage) is akin to having a lion go after worms.

  3. #3
    On March 17th, 2010 at 5:35 pm, DesertLover said:

    Every member of Congress that “deems” the bill passed can also “deem” themselves fired and come November they can join the ranks of the unemployed

  4. #4
    On March 17th, 2010 at 5:41 pm, babiesgrandma said:

    Go Levin, Go!

  5. #5
    On March 17th, 2010 at 5:42 pm, BOB said:

    Is the Slaughter Rule still going to be used? I thought I heard days ago it wasn’t going to be used, but it sounds like it still is?

  6. #6
    On March 17th, 2010 at 5:47 pm, BlameAmericaLast said:

    If this HC bill passes this way unchallenged, then expect every other legislation to take the same route – amnesty, cap and tax, etc.

    I’m so glad we have people like Mark Levin to take care of this lawlessness.

    I can’t wait until November 2010, when we’ll all vote these idiots out of office rendering Obama completely impotent through 2012 when he’ll be replaced.

  7. #7
    On March 17th, 2010 at 5:48 pm, walterc said:

    Article I, Section 7 of the Constitution is clear respecting the manner in which a bill becomes law. Members are required to vote on this bill, not claim they did when they didn’t.

    As far I’m concerned, if they go down this road they are violating the Constitution and should be charged with treason.

  8. #8
    On March 17th, 2010 at 5:50 pm, JamieD said:

    Vote them Out? Heck, no need, send them to jail!!!!

  9. #9
    On March 17th, 2010 at 5:52 pm, rightwingrocker said:

    I’m so glad we have people like Mark Levin to take care of this lawlessness.

    While I’m glad he’s taking this on, I’m still disappointed that he’s simply sat idly by until now while we’ve been watching the Constitution’s shredding.

    Nothing when Bush pushed through “Drugs for Seniors”.

    Nothing when Bush bailed out the banks.

    Nothing when Obama took over GM and Chrysler.

    If Mark had stood up for the Constitution in these and man other instances, we might not even be having this discussion today.

    RWR
    http://www.rightwingrocker.com

  10. #10
    On March 17th, 2010 at 5:55 pm, JamieD said:

    Can you imagine how fast they would straighten up if they actually believed the people had some recourse that would send them to jail.

    They would behave like a group of misbehaving school children when the teacher gets back to the classroom.

    The problem is, they are so arrogant, they think they are above any recourse by the people.

  11. #11
    On March 17th, 2010 at 6:04 pm, JamieD said:

    Deem’nPass is the only way the minority can rule the majority. So, if the House takes this route, then the House officially becomes oppressive to the people.

    To be oppressive is to go against the will of the majority, so blatantly ignoring the constitutional requirement of a two thirds vote and accepting a minority vote to claim that the majority has spoken is treasonous and therefore oppressive.

    MAKE MY DAY!

    BRING IT!

    And my favorite.. LET’S ROCK!

  12. #12
    On March 17th, 2010 at 6:07 pm, JamesLee said:

    Would be pretty hilarious to hear Levin giving oral arguments in front of the courts. Although, in an actual legal courtroom, I’m sure he would tone it down a few notches from his radio show.

  13. #13
    On March 17th, 2010 at 6:09 pm, Sergeant Tim said:

    On March 17th, 2010 at 5:52 pm, rightwingrocker said:

    While I’m glad he’s taking this on, I’m still disappointed that he’s simply sat idly by until now while we’ve been watching the Constitution’s shredding.

    Nothing when Bush pushed through “Drugs for Seniors”.

    Nothing when Bush bailed out the banks.

    Nothing when Obama took over GM and Chrysler.

    If Mark had stood up for the Constitution in these and man other instances, we might not even be having this discussion today.

    You are flat wrong. Obviously, you do not listen to Mark’s show OR are deliberately disparaging him.

    I listen everyday.

    I will be watching for future posts by you about Mark to see if you correct your remarks or make them again.

  14. #14
    On March 17th, 2010 at 6:31 pm, et said:

    Somethings wrong here. Nancy doesn’t even have to hire an attorney because she isn’t named in the suit.

  15. #15
    On March 17th, 2010 at 6:38 pm, Hangfire said:

    Nothing wrong with the House that a good septic tank shock treatment wouldn’t cure.

  16. #16
    On March 17th, 2010 at 6:49 pm, Lindsay said:

    Sic ‘em, Levin! Thank God for true patriots of this country.

  17. #17
    On March 17th, 2010 at 6:51 pm, Sergeant Tim said:

    On March 17th, 2010 at 6:31 pm, et said:

    Somethings wrong here. Nancy doesn’t even have to hire an attorney because she isn’t named in the suit.

    As Mark just explained on-air, the Executive enforces and implements law. The suit would be aimed at them, to ask the court to block the President and members of the Cabinet, i.e. DOJ, HHS, and Treasury, from implementing the law. Suing Congress or particular Members would do no good. Nor can he file preemptively as no law has been signed by Obama.

  18. #18
    On March 17th, 2010 at 7:12 pm, 24Klady said:

    Lindsay #17
    Ditto++++

  19. #19
    On March 17th, 2010 at 7:12 pm, Dimsdale said:

    Even the perky one on SeeBS remarked on how this is a ploy to keep the “representatives” from having to vote, and take responsibility for, the bill.

    The Constitutional butchers of Capitol Hill…

  20. #20
    On March 17th, 2010 at 7:29 pm, ArizonaNeanderthal said:

    But aren’t we suppose to let this Bill pass so we will know what is in it? Didn’t the Speaker say so?

    That women has to be real close to stupid. Good for Mark Levin but I was hoping for firing squads :oops:

  21. #21
    On March 17th, 2010 at 7:34 pm, rightisright said:

    I listen everyday…

    as I do everyday possible, he rides the RINO’s as hard as he does the Marxtists…including Bush’s follies.

  22. #22
    On March 17th, 2010 at 7:35 pm, rightisright said:

    That women has to be real close to stupid. Good for Mark Levin but I was hoping for firing squads

    their on the way also…-)

  23. #23
    On March 17th, 2010 at 8:00 pm, swede said:

    OT – Bret Baier Obama interview. Pulled no punches. Barry tried to click off the talking points but Baier kept the pressure on. What was Barry thinking? Don’t see how this could help his cause. Look for the White House / FNC war to escalate.

  24. #24
    On March 17th, 2010 at 8:07 pm, AlohaGuy said:

    “I don’t spend a lot of time worrying about what the procedural rules are in the House or Senate,” Obama said.

    Hugo and Josef and Fidel would be so proud.

  25. #25
    On March 17th, 2010 at 8:10 pm, tiredofit08 said:

    Go Mark Go….

  26. #26
    On March 17th, 2010 at 8:10 pm, swede said:

    Do you suppose he spends a lot of time worrying about the constitution? Well, never mind.

  27. #27
    On March 17th, 2010 at 8:19 pm, thejim said:

    Can’t help but be concerned that 46% of the citizens still approve of O’Bambi. The Dems could get the health care bill through by any means and escape retribution, with 46% still approving now, and others with very short memories to follow.

  28. #28
    On March 17th, 2010 at 8:27 pm, jrgdds said:

    Levin opening argument:

    “Justices, the fecal brain moron in charge of enforcing our country’s laws has signed into law a bill that clearly subverts the intent of Article I, Section 7, of the Constitution where passage of one bill cannot be deemed to be the enactment of another…”

  29. #29
    On March 17th, 2010 at 9:15 pm, Virginia Patriot said:

    Relying on the courts was Bush’s excuse for signing McCain-Feingold into law. He knew it wasn’t constitutional. It was just overturned. And not all of it.

    It would be so much better to kill it NOW!

    Keep calling, faxing, show up at local offices if possible.

    I’m going Friday to make sure Eric Cantor hasn’t been so infected by McCainitis that he thinks amnesty would be a good thing.

  30. #30
    On March 17th, 2010 at 9:40 pm, TanyaB said:

    What Obama was worried about was having four years to tear this country apart, destroy our Constitution, and Make laws that will make us virtual beggars. He is doing a good job of turning us into a third world country already.

  31. #31
    On March 17th, 2010 at 9:43 pm, Flyoverman said:

    GET SOME, Mark.

    Bought freakin time we took it to these arrogant elites.

    As a child of the 60′s I am more than ready to confront The Man. Time to get ready for civili disobedience against those who have broken their oath to the Constitution.

  32. #32
    On March 17th, 2010 at 10:03 pm, rightwingrocker said:

    I will be watching for future posts by you about Mark to see if you correct your remarks or make them again.

    Great. And I’ll be watching for your links to the posts regarding Mark’s similar lawsuits regarding Cap and Trade, TARP/bailouts, Bush’s prescription drugs program, Socialist Security, the “stimulus”, etc.

    Don’t get me wrong, I love Mark Levin, but I don’t remember seeing him leveling lawsuits like this one before – and why did he wait until now instead of when this whole joke of a “process” was started, when he could have been more effective?

    I don’t claim to be an expert on Mark Levin, so maybe you’re right that he’s been doing this all along, but I haven’t heard anything of the sort.

    Maybe you have the links to enlighten me? I’d love to be wrong about this.

    RWR
    http://www.rightwingrocker.com

  33. #33
    On March 17th, 2010 at 10:05 pm, Pasadena Phil said:

    Thank God someone has the spine to call it unconstitutional. Not only have I not heard a single Republican use that term, all I have heard is “although the procedure is probably constitutional…”.

    The three most important goals for 2010 are to:

    1. Kill this bill!
    2. Defeat John McCain on August 24
    3. Vote out as many incumbents as we can.

    THIS Republican party doesn’t care if Obamacare goes through. They just plan on waiting for November with the same RINO GOP that we voted out in 2006 and 2008 and return to their big government Assistant Democrat ways.

  34. #34
    On March 17th, 2010 at 10:05 pm, rightwingrocker said:

    Suing Congress or particular Members would do no good.

    I disagree, since passing a law in violation of the limits placed on Congress by the Constitution does rise to the level of a violation of the law.

    RWR
    http://www.rightwingrocker.com

  35. #35
    On March 17th, 2010 at 10:07 pm, rightwingrocker said:

    Barry tried to click off the talking points but Baier kept the pressure on.

    Not only did he try to click off the talking points, but he rudely interrupted Brett far too many times to be becoming of a leader.

    RWR
    http://www.rightwingrocker.com

  36. #36
    On March 17th, 2010 at 10:10 pm, rightwingrocker said:

    THIS Republican party doesn’t care if Obamacare goes through.

    They sure don’t. In fact, they are merely working to keep it as slim as possible so that they can edit it after taking over in the next session.

    That’s why everyone here should be looking very closely in both the primaries and in November to make sure these phony conservatives don’t get back in.

    RWR
    http://www.rightwingrocker.com

  37. #37
    On March 17th, 2010 at 10:11 pm, rightisright said:

    Can’t help but be concerned that 46% of the citizens still approve of O’Bambi.

    is that not a mystery?

  38. #38
    On March 17th, 2010 at 10:13 pm, rightwingrocker said:

    is that not a mystery?

    Nah. It’s a loaded poll.

    Think Paul-bombs.

    RWR
    http://www.rightwingrocker.com

  39. #39
    On March 17th, 2010 at 10:18 pm, rightwingrocker said:

    Also, when you’re deciding who should replace your current waste of time of a Congressman/Senator, see if you can get someone who’s coming close to this.

    It’ll do you some good. Even if your candidate is from an establishment party, if YOU choose based on these criteria, you will be doing yourself and your country a huge service.

    RWR
    http://www.rightwingrocker.com

  40. #40
    On March 17th, 2010 at 10:19 pm, granite said:

    The more outrageous, Anti-American, and certainly at least suggestively treasonous, that the socialists/fascists get; the quieter and quieter our soclialist trolls get.

    Where are they?

    Have they no comments to make on these topics?

    Anyone else notice this?

    Wonder why?

  41. #41
    On March 17th, 2010 at 10:21 pm, jrgdds said:

    Walgreens in the state of Washington is already set a date to cut off new Medicaid Rx’s.

    Walmart is evidently preparing for Obamacare to pass and rationing has begun. This liar will go down as the worst President in history!

  42. #42
    On March 17th, 2010 at 10:28 pm, Blackstone said:

    I really hope they do try out the Slaughter solution, because it will blow up in their faces. It’ll be just the shot in the arm that the 10th Amendment movement needs to really get going. Bring it on, “ladies”.

  43. #43
    On March 17th, 2010 at 10:35 pm, Pasadena Phil said:

    Also, please note that the Republican “warning” only makes the case for a Republican re-election campaign based on attacking the Dems for voting for Obamacare even if all they voted for is the Slaughter rule. Pretty lame. Why not threaten to be impolite and storm out of Congress to protest an UNCONSTITUTIONAL PROCEDURE and refuse to allow a rogue government to proceed.

    Not THIS Republican party. It is fitting that the uber RINO hypocrite David Dreier (the Republican who doomed the Republican Party to permanent minority status) was the one to make the announcement.

    Please don’t make a hero of this guy. He is a scoundrel.

  44. #44
    On March 17th, 2010 at 10:36 pm, Pasadena Phil said:

    Correction:

    (the Republican who doomed the CA Republican Party to permanent minority status)

  45. #45
    On March 17th, 2010 at 10:36 pm, jrgdds said:

    Walgreens in the state of Washington is already set a date to cut off new Medicaid Rx’s.

    Walmart Walgreens is evidently preparing for Obamacare to pass and rationing has begun. This liar will go down as the worst President in history!

    Sorry, I fixed it. I’m so angry about this BS, I can’t type straight

  46. #46
    On March 17th, 2010 at 10:45 pm, MacEamonn said:

    Judge Andrew Napolitano said on the Glenn Beck show today that he doubts the federal courts will intervene on this.

  47. #47
    On March 17th, 2010 at 10:58 pm, rightwingrocker said:

    Judge Andrew Napolitano said on the Glenn Beck show today that he doubts the federal courts will intervene on this.

    Judge Napolitano is right close to 100% of the time. For once I hope he’s wrong.

    RWR
    http://www.rightwingrocker.com

  48. #48
    On March 17th, 2010 at 11:37 pm, Republicanvet said:

    Similar legislation is pending in 37 other states nationwide.

    Yet we are told the people want this.

  49. #49
    On March 17th, 2010 at 11:58 pm, tarpon said:

    How is this not unconstitutional?

    I read Article 1 Section 7: All Bills for raising revenue shall originate in the House of Representatives;

    Simple not complex sentence with an easy to understand meaning.

    But the Senate Bill that the House is supposed to vote on contains billions in taxes, all of which originated in the Senate. So the first question is how is this Constitutional.

    We all know how we got here, a Senate Bill passed that was meant for a conference committee, the plan to merge the House and Senate Bills was destroyed by the election of Scott Brown in Massachusetts, a conference committee Bill then became impossible. So the process got short circuited.

    And now we are stuck with an unconstitutional Bill. Seems like the Senate Bill needs to either be tossed or sent to conference for a new merged Bill.

    So where does this go wrong, isn’t it unconstitutional to send this Bill to the president for signature into law? Seems like a pretty cut and dried not going to work proposition.

  50. #50
    On March 18th, 2010 at 12:38 am, rightwingrocker said:

    And now we are stuck with an unconstitutional Bill.

    WE were stuck with an unconstitutional bill when the whole thing started. Read Amendment X.

    RWR
    http://www.rightwingrocker.com

  51. #51
    On March 18th, 2010 at 1:04 am, regularguy said:

    All this overseen by a president who is supposedly a constitutional scholar. I want to see blood in the streets should this rightly go to the courts.

  52. #52
    On March 18th, 2010 at 2:01 am, dadinseattle said:

    Should this be forced into law by these abusive violators of our trust our rally call should be…

    Repeal the Bill that Repealed Liberty!

    From the day it is “passed”, til the day it is repealed, Americans can affix their “forever(gone” stamps of the Liberty Bell upside down on all postage in protest.

    We can also refer to ourselves as American refugees…while we are an occupied country where freedom cannot ring.

    Pelosi,Reid, Obama not just suspected, but now verified tyrants.

  53. #53
    On March 18th, 2010 at 5:36 am, jamesgreenidge said:

    I’d like to sign a list sent to the Congress and WH avowing that I will go to jail than be forced to pay for ObamaCare. Does anyone know if Tea Part has one?

    James Greenidge
    Queens NY

  54. #54
    On March 18th, 2010 at 5:44 am, jamesgreenidge said:

    On March 17th, 2010 at 8:19 pm, thejim said:

    Can’t help but be concerned that 46% of the citizens still approve of O’Bambi. The Dems could get the health care bill through by any means and escape retribution, with 46% still approving now, and others with very short memories to follow.

    I’d be VERY interested to see how this is cut along racial lines, whether Onbama’s “bedrock black” pop vote skews the stats in terms of political objectivity.

    James Greenidge
    Queens NY

  55. #55
    On March 18th, 2010 at 7:38 am, NC BLUE said:

    Can’t wait till the State of Illinois sues the ONE. They are in the hole big time and won’t be able to swallow the turd in the punch bowl.

  56. #56
    On March 18th, 2010 at 8:02 am, cheapseat said:

    Perhaps it’s time for the governors of these 37 states to hold a constitutional convention, and kill the federal government’s ability to tax and bribe states into committing fiscal suicide with programs such as medicaid.

  57. #57
    On March 18th, 2010 at 8:28 am, ITookTheRedPill said:

    I don’t think the following can be overemphasized:

    Yes, let us pray for the salvation of all of those who live in that totalitarian darkness. Pray they will discover the joy of knowing God. But until they do, let us be aware that while they preach the supremacy of the State, declare its omnipotence over individual man, and predict its eventual domination of all peoples on the earth, they are the focus of evil in the modern world.

    - President Ronald Reagan

  58. #58
    On March 18th, 2010 at 8:36 am, Kwill said:

    Update:

    Calling all class action attorneys!

  59. #59
    On March 18th, 2010 at 8:43 am, Uplander said:

    @regularguy – He became a Constitutional Scholar in order to know best how to dismantle The Constitution. He seems to have been a good student, also a good student of Alinsky and Cloward-Piven.

  60. #60
    On March 18th, 2010 at 9:05 am, ITookTheRedPill said:

    Uplander,
    All true, but Obama didn’t just study Alinsky methods,
    he taught Alinsky methods!

  61. #61
    On March 18th, 2010 at 9:30 am, dan708 said:

    I accept the Dems’ point that the Repubs have used this procedure in the past, but they NEVER used it for something that would completely remake an industry, not to mention the nation’s tottering economy. They will sour Americans on the Democratic Party for a generation (until a new set of ignorant college students comes along).

  62. #62
    On March 18th, 2010 at 11:46 am, rightwingrocker said:

    Repeal the Bill that Repealed Liberty!

    That would be FDR’s “New Deal”, and it’s been in place for a very long time.

    Gonna take a lot of work to get that dog repealed.

    RWR
    http://www.rightwingrocker.com

  63. #63
    On March 18th, 2010 at 11:54 am, Ed Mahmoud abu al-Kahoul said:

    You know, maybe Obama and Pelosi want to start a second Civil War.

    No guarantee the military would stay loyal to Obama, but if they did citizens, most who aren’t members of the AR-15 forum and own semi-automatic weapons, would have a hard time facing down Army, Guard or FBI/BATFE personnel with helicopters, APCs, full auto weapons, electronic sigint, etc.

    Crush a few anti-socialist states like Texas, Utah, Idaho and Oklahoma, arrest and remove their House and Senate members as disloyal, call a new Constitutional convention, and replace what Obama calls “negative liberties”, like the Second and Tenth Amendments, with new “positive liberties”, like a right to home ownership, a right to a minimum guaranteed income from the government for all citizens, a right to government health care. Maybe strike down the 22nd so Obama can be the second FDR, a President for life.

    I suspect the general and flag rank officers in DC are already being either promoted up, or weeded out, based on perceived loyalty to the man over the Constitution. Colon Bowel clearly chose race over his proclaimed political belief in limited government, maybe he can be the new Marhsall Zhukov of the forces loyal to our Dear Leader.

  64. #64
    On March 18th, 2010 at 11:58 am, uhangtight said:

    With 37 states, why don’t they just call a constitutional congress and shut this freak show down? Over 2/3s of the states seems to me here and we can create an ammendment to stop healthcare from ever being legislated through central government monsters again. Calling a constitutional congress can be done by these states and finish this now. What are these States/Governors/Legislators waiting for?

  65. #65
    On March 18th, 2010 at 11:58 am, Ed Mahmoud abu al-Kahoul said:

    The 16th Amendment, the Federal Income Tax, shifted a lot of power from the states to the central government. 1877 the Socialist Labor Party called for a progressive income tax in the US.

    Now, states can’t tax enough to maintain roads, public education, maintain adequate police forces, because the Feds take so much, and so they are supplicants to the Federal government for some of their citizens tax money back, after some has been skimmed by SEIU bureaucrats, to have the money for roads and public protection.

    Destroys the concept of a Union of 50 semi-sovereign states with a central government chiefly concerned with foreign policy and national security.

  66. #66
    On March 18th, 2010 at 12:02 pm, Ed Mahmoud abu al-Kahoul said:

    Mark Levin opposes the concept of a Constitutional Convention, because one doesn’t know who would be sent as delegates. Libtard states with big populations like California and New York could wind up passing new amendments antithetical to a proper representative democracy/constitutional Republic.

  67. #67
    On March 18th, 2010 at 3:32 pm, dadinseattle said:

    RWR-

    That would be FDR’s “New Deal”, and it’s been in place for a very long time.

    Cannot disagree with that a bit, FDR is a progressives’ hero for a reason, however I also agree with Sgt Tim on your disparaging remarks on Mark Levin who knows when and how to pick his battles over the Constitutional usurpation’s perpetrated by this current day federal government.
    Your points about what President Bush did- and/or allowed to happen regarding entitlements are well taken though- and very frustrating to conservatives.

    This country is in dire need for many more patriots with the means and the knowledge to use their resources and talents to fight this Anti-Constitutional takeover of our country before it is too late.

  68. #68
    On March 19th, 2010 at 12:31 am, rightwingrocker said:

    disparaging remarks on Mark Levin

    Nothing disparaging at all.

    Just wish he would have started the fight sooner when it could have done more good. Levin is the best in the business at what he does, and had he done so, we might not be sitting here having this discussion.

    RWR
    http://www.rightwingrocker.com

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