Though previously used, I suspect that 'Deeming' has never been tested in the Supreme Court. I'll bet it will be tested if healthcare passes using this tactic.
From my novice point of view, it would appear to be unconstitutional in that a bill (identical language, not even as much as a single comma difference) must be voted on by both houses and passed (with ayes and nays recorded by name) before that bill can be presented to the president for his signature. The president then signs it into law or vetoes the measure and it would then be sent back to congress. The constitution is very clear and makes no mention of anything resembling a method by which a bill may be deemed to be passed.
Since I'm now working on my income taxes for 2009 and it looks like I owe, I may DEEM them to have been paid and save a few hundred bucks.
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