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) 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.
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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...