Article I Section VII Duties and functions of Congress and president RE: Bills

[DennisLeeWilson]

Article I Section VII Duties and functions of Congress and president regarding Bills
From: DennisLeeWilson-Ariz-Wyo  (Original Message) Sent: 1/31/2003 11:16 AM

The Constitution of the Confederate States of America.

In framing the Constitution of the Confederate States, the authors adopted, with numerous elisions and additions, the language of the Constitution of the United States, and followed the same order of arrangement of articles and sections. The changes made in this adaptation of the old Constitution are here shown. The parts stricken out are enclosed in [ ] brackets, and the new matter added in framing the Confederate Constitution is printed in italics.

Article I

SECTION VII.

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] both Houses, shall, before it become a Law, be presented to the President of the [United] Confederate 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. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriation disapproved, and shall return a copy of such appropriation, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President.

Every Order, Resolution, or Vote to which the Concurrence of [the Senate and House of Representatives] both Houses may be necessary (except on a question of Adjournment), shall be presented to the President of the [United] Confederate States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, [shall] may be repassed by two-thirds of [the Senate and House of Representatives] both Houses, according to the Rules and Limitations prescribed in the Case of a Bill.
 

[DennisLeeWilson]

Article I, Section VII is cited as being violated in the following article.
http://voices.washingtonpost.com/virginiapolitics/2010/03/cuccinellis_office_confirms_vi.html

Cuccinelli's office confirms Virginia will sue over health care
By Rosalind Helderman
March 17, 2010; 3:59 PM ET

A spokesman for Virginia Attorney General Ken Cuccinelli II (R) said this afternoon that Virginia will file suit against the federal government if the Democratic health care reform bill is approved by the U.S. Congress.

Cuccinelli has long said he was examining the legal issues and suggested he would likely file suit. Brian Gottstein, a spokesman for the office, said this afternoon that a lawsuit is now a definite. Gottstein would provide no details of the legal rationale for such a suit, indicating the process is "still being worked out."

Virginia last week became the first state in the country to pass a state bill declaring it illegal for the government to require individuals to purchase health insurance, a key part of bills under consideration on Capitol Hill.

We are also expecting to receive a letter shortly that Cuccinelli is sending to House Speaker Nancy Pelosi (D-Calif.) warning her that using the so-called "deem and pass" procedure to pass the Senate health reform bill in the House would open the measure to additional constitutional challenges from the states.

UPDATE: We've received a copy of Cuccinelli's letter to Pelosi. In it, he writes: "Should you employ the deem and pass tactic, you expose any act which may pass to yet another constitutional challenge."

The full letter:

March 17, 2010
The Honorable Nancy Pelosi Speaker of the United States House of Representatives Office of the Speaker H-232, U.S. Capitol Washington, D.C.

Dear Speaker Pelosi:

I am writing to urge you not to proceed with the Senate Patient Protection and Affordable Care Act under a so-called "deem and pass" rule because such a course of action would raise grave constitutional questions. Based upon media interviews and statements which I have seen, you are considering this approach because it might somehow shield members of Congress from taking a recorded vote on an overwhelmingly unpopular Senate bill.

This is an improper purpose under the bicameralism requirements of Article I, Section 7 of the U.S. Constitution, one of the purposes of which is to make our representatives fully accountable for their votes.

Furthermore, to be validly enacted, the Senate bill would have to be accepted by the House in a form that is word-for-word identical (Clinton v. City of New York, 524 U.S. 417 (1998)).

Should you employ the deem and pass tactic, you expose any act which may pass to yet another constitutional challenge. A bill of this magnitude should not be passed using this maneuver. As the President noted last week, the American people are entitled to an up or down vote.

Sincerely,
Kenneth T. Cuccinelli, II
Attorney General of Virginia