How can a bill become law without being voted on by both houses of congress? Just remembering 8th grade civics classes tells you that it can't happen right? Oh but it has. Of course it didn't start out to be intentional and was the result of a clerks error, but instead of fixing the problem as called for in the Constitution the Senate Republicans pulled some behind doors shenanigans. Time had passed and GOP leaders had lost confidence in getting enough votes to pass the bill as you will see below.
The "Deficit Reduction Act of 2005," or Public Law No: 109-171 (S.1932 (http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN01932:)) was passed by both houses, but here is the catch, the Senate bill capped Medicare payment for oxygen equipment used in the home to 36 months. This of course meant that the House would have to vote on the Senate changes, however a Senate clerk mistakenly put the 36 months oxygen cap on all other equipment as well, not just the oxygen equipment.
While mistakes like this are routinely taken care of with appropriate legislation, time had passed and GOP leaders were not sure that they could get the House votes needed. This is where the shenanigans come in because the Democrats were not readly to lay down for this one and decided to demand a recorded vote (more often it is just a voice vote on typo corrections). Deals were made behind closed doors with Speaker Hastert rolling over, on behalf of the House. In essence Hastert took it upon himself to become the House signing off and quickly getting the bill to the president for his signature.
We all should have a very big problem with this. Much more on my blog (http://vista.powerblogs.com/posts/1146319905.shtml).
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Article I Section 7: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States...
On the contrary to comments made in this thread, the U.S. Supreme Court has been "enforcing" the Consitution on all matters brought before the Court for two centuries now. If you think your president or Congress is ignoring the Constitution, you're free to file a lawsuit.
(ps: the ACLU does this all the time.)
Quote from: AlexandraOn the contrary to comments made in this thread, the U.S. Supreme Court has been "enforcing" the Consitution on all matters brought before the Court for two centuries now.
But no one's comments in this thread have denied that the Supreme Court has been "enforcing" the Constitution. In fact you are the only one who has mentioned the SC.
Quote from: AlexandraIf you think your president or Congress is ignoring the Constitution, you're free to file a lawsuit.
Yes quite true. Which is also what is being done. As I posted on my blog about it:
Mobile, Alabama attorney Jim Zeigler has filed a lawsuit seeking a declaratory judgment that the Deficit Reduction Act of 2005 violates Article I, Section 7 of the Constitution. Zeigler, who served as a Bush delegate to the Republican National Conventions in 200 and 2004, has sued the Attorney General Alberto Gonzales and the Unites States Attorney for the Southern District of Alabama, where he filed his lawsuit.
All that remains is for the court to agree that he has standing and accept the law suit.
Quote from: Sandi on April 30, 2006, 09:29:52 PM
But no one's comments in this thread have denied that the Supreme Court has been "enforcing" the Constitution. In fact you are the only one who has mentioned the SC.
You're right, I need to clearify the statement . . . Contrary to the statements made in this forum, the constitution isn't being ignored, every time they're in session, the U.S. Supreme Court ensures matters bought to the court complies with the Constitution.
Exactly right Alexandra. In this case it is the Congress that is ignoring the Constitution, Republicans in particular. It is up to the courts to rectify that situation, and I am sure that they will when the case is presented. That is unless Congress fixes their mistake before then.
Quote from: Sandi on May 01, 2006, 12:22:05 AM
That is unless Congress fixes their mistake before then.
They can easily impeach that mistake! :o
Checks and balances. Hopefully the judiciary will check this one for us pretty quick.
Congress critters are the same no matter what, has nothing to do with the sitting pres. Gun Free School Zones were declared unconstitutional and the moment the SCOTUS struck down that law, Congress passed another with different wording (SCOTUS decisions are for the exact matter brought to court but are routinely used as a guide post for writing other, similar legislation and in giving lower courts a direction they can head in).
With that said, be sure to raise hell with your reps over this issue. :)