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 Senate 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.
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But when the Senate sent the bill back to the House, a Senate clerk mistakenly put the 36 months, from the vote on the oxygen provision, in place of the13- month cap for other equipment -- thus providing up to36 months' coverage for all such equipment. It was a $2 billion error.
On February 1, 2006, S. 1932 squeaked through the House - after heavy lobbying by Republican leaders - by a vote of 216 to 214. When this measure was returned to the Senate, however, the Senate clerk simply changed the provision that had been mistakenly sent to the House to reflect the Senate-passed version. That is, the clerk restored the Senate's 13 month cap for the other durable equipment, notwithstanding the fact the House had voted for a longer 36-month cap.
House Speaker Hastert and president pro tempore of the Senate Ted Stevens certified the Senate measure and sent it to the White House, where the President quickly signed it.
The Senate clerk didn't just correct a typo, he changed the bill that the House voted on which would require the bill to be reconcidered by that body. That didn't happen and violates a very core principle of the Constitution. Article I Section 7 of the US Constitution says, "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..."
When mistakes like this one occur they are usually corrected with appropriate legislation. However the Democrats were not readly to lay down for this one and decided to demand a record vote. But that didn't happened. Instead, Senate Republican leaders simply changed the bill, and got Speaker Hastert to go along on behalf of the House. In essence Hastert took it upon himself to become the House. We all should have a very big problem with that. This bill did not pass both houses and therefore violates the Bicameral Clause of the Constitution.
Speaking out on the unconstitutionality of this:
University of North Carolina School of Law professor Michael Gerhardt: "This legislation is question does not satisfy the requirements of the Bicameral Clause of the Constitution."
American University law professor Jamin Raskin: "The 'Deficit Reduction Omnibus Reconciliation Act of 2005' may be something but it is not law within the meaning of the Constitution."
George Washington University law professor Jonathan Turley: "Obviously, the Speaker cannot certify a different bill as the will of the House of Representatives. If he could do that, he cold become a House unto himself."
Georgetown University law professor David Vladeck told Congressman Waxman that these actions violated, "one of the most fundamental guarantees in the Constitution."
John Dean, Former White House Counsel to President Nixon and a FindLaw columnist nailed it at he end of the article:
In short, ignoring the Constitution's requirement that legislation pass if, and only if, it commands the votes of concurrent majorities of both houses of Congress is nothing short of GOP despotism. The broken branch needs fixing so we must all hope that the federal courts step in to halt what the President failed to put an end to: self-styled lawmaking outside the rules of the Constitution.
At least one Republican isn't going along with this debacle.
It's hard to see how any court cannot find that Zeigler has standing on his complaint, the American poeple certaily will.
More on what can be done about this from Vikram David Amar, professor of law at the University of California.
h/t to Donna at Madison.com










