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Incumbent on democrat members to go home and sell this and convince them this is in the best interest of the country. >> does the way it passes matter? republicans have used this demon pass method to push legislation through in the past? >> i think dee dee's first modifier was correct. it's ugly, it's ugly, it's shabby, and your own jack cafferty said. it's sleazy. yeah, republicans have done this. they did it with dee de's boss, bill clinton, they did it with welfare legislation and capital gains tax cuts but with bye -- bipartisan support. i think he runs the choice of either being ineffectu...

Will, today i am still just a bill ♪ >> reporter: maybe it didn't sound so devilish. >> the demon pass. >> there's talk about the demon pass. >> reporter: pass, let the demons go through? also congress. jeanne moos, cnn -- repeat after me -- deem and pass. >> a phrase on everyone's list. >> deem and pass. have you made it through deem and pass yet? bring an extra backpack. >> i think there are some in congress who think the demon part of that may applicable here.

>> we will do what is necessary. that according to house speaker nancy pelosi. that includes the legislative trick, perhaps known as deem and pass. a strategy that allows democrats to pass the health care bill without actually voting on that. is that constitutional? let's talk to peter johnson jr., fox news legal analyst. peter, i was reading in "the new york daily news" this morning that congressional members from new york city had never heard of this thing and said, rather than call it deem and pass, maybe we should call it demon pass. >> or maybe the hail mary pass invoking a more appropria...

>> it's actually this idea of demon pass has been used a dozen times. specifically say it's not been used, that is not true. it's been used for a number of things generally that whoever is in power or who wants to pass something, they need political cover on. in february it was used for increasing the debt ceiling which is something that lawmakers don't like to do but they kind of have to do and democrats and republicans have used it for both that. i think what was interesting is we also heard from congressman mike pence in the republican leadership. he said doing it this way, inserting it in ...

But do you worry this takes it a step too far and sort of this behind the scenes in this day and age where everything is now transparent? >> well, transparency is a very important part of the process. of course, we've had -- you play by the rules in which you're given. in the senate, they've got filibuster rules. this is no worse than the filibuster going on in the senate. so it's no worse and that that, number one. secondly, you have to remember republicans used this procedure back in i procedure back, i believe it was '96 gingrich used it. >> demon pass. >> does that make it right? >> i'm no...