There’s been some more activity today on the issue of whether the Slaughter Rule for passing Health Care would be constitutional. Â Michael McConnell says it’s not constitutional in an op-ed in the Wall Street Journal, via Jonathan Adler of the Volokh Conspiracy. Based on this reading, which would indicate the House and Senate never actually plan to pass the same bill, I would agree it’s unconstitutional. I would think there has to be limits to House and Senate rules in so far as they aren’t delegating their role to the other body. For instance, if they create a rule that deems two bills to be passed with one vote, why not three? Four? Twelve? Certainly they can consolidate twelve bills into one bill, but can the House or Senate really have a rule that just deems any number of bills as “passed” even if there’s never been a vote? I think the answer to that has to be no, at least if the Constitutional role each body plays isn’t considered to be unconstitutionally delegated.