Slaughter Solution: “It May Be Clever, but It Is Not Constitutional”

You can't pass the health care bill without an actual vote:

http://volokh.com/2010/03/15/it-may-be-clever-but-it-is-not-constitutional/

The Slaughter solution attempts to allow the House to pass the Senate bill, plus a bill amending it, with a single vote. The senators would then vote only on the amendatory bill. But this means that no single bill will have passed both houses in the same form. As the Supreme Court wrote in Clinton v. City of New York (1998), a bill containing the “exact text” must be approved by one house; the other house must approve “precisely the same text.”

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