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As I reported earlier, the "deem and pass" strategy that House Democrats are considering using for passing the Senate health care bill, allowing them to pass it without actually taking a separate vote on it, isn't unprecedented. It has been used at least 6 times for in the past 20 years for enacting what the Congressinoal Research Service calls "significant substantive and sometimes controversial propositions," mostly by Republicans.

But it has never been used in the way the Democrats are considering using it -- to pass a bill through the House that doesn't have the votes to pass on its own. As the research below shows, 4 of the 6 uses of the "deem and pass" process, also known as the "self-executing rule," were approved unanimously by voice vote. The other two passed with votes to spare. These are on the 6 supposedly controversial uses of the rule that CRS gives. It appears that the process has mainly been used to speed up adoption of Senate amendments that would have been easily approved under normal procedure.

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As House Democrats struggle to round up the votes to pass the Senate health care bill, they're considering using more and more obscure parliamentary rules to help them. Politico reports: "Party leaders have discussed the possibility of using the House Rules Committee to avoid an actual vote on the Senate's bill, according to leadership aides. They would do this by writing what's called a "self-executing rule," meaning the Senate bill would be attached to a package of fixes being negotiated between the two chambers -- without an actual vote on the Senate's legislation."

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