Wednesday, January 23, 2013

The action of the House is unconstitutional.

It is unfortunate there are Democrats voting for this mess. The fact of the matter is the House cannot dictate the actions of the Senate.
This is not a good will bill at all. It is intended to embarrass and harass for political purposes.

The Senate needs to vote down the bill and tell the House to get serious about the Debt Ceiling.
Jan 23, 2013 2:12pm

...The vote passed by a count of 285-144. (click here) Thirty-three Republicans opposed the measure, while 86 Democrats voted to approve it, sending the legislation to the Senate where it is also expected to pass, according to Senate Majority Leader Harry Reid.
“I’m pleased that Speaker Boehner’s House colleagues have decided to change course and pass a bill that defuses yet another fight over the debt ceiling,” Reid, D-Nev., said. “In substance, it’s a clean debt limit increase.”
The bill, known as the No Budget No Pay Act of 2013, directs both chambers of Congress to adopt a budget resolution for fiscal year 2014 by April 15, 2013. If either body fails to pass a budget, members of that body would have their paychecks put into an escrow account starting on April 16 until that body adopts a budget. Any pay that is withheld would eventually be released at the end of the current Congress even if a budget doesn’t ever pass....

The House is treating the USA Senate as an agency under their authority. The USA House has no authority to demand budgets from the Senate.

Nondelegation Doctrine (click here)


Non delegation doctrine is a principle of administrative law that Congress cannot delegate its legislative powers to agencies. Delegation is permitted only if Congress prescribes clear and adequate standards to guide an executive agency in making the policy. There should be an "intelligible principle” for the agencies to base their regulations on.
U.S. Const. art. I, § 1, vests all legislative powers in the Congress of the United States. The text permits no delegation of those powers, and so when Congress confers decision making authority upon agencies Congress must lay down by legislative act an intelligible principle to which the person or body authorized to act is directed to conform. The degree of agency discretion that is acceptable varies according to the scope of the power congressionally conferred. [Whitman v. Am. Trucking Ass'Ns, 531 U.S. 457 (U.S. 2001)]

The only recourse that actually exists for supposedly Senator's not performing their duties is impeachment. The House cannot delegate authority over the Senate as an agency. They can't do it.

The Republicans of the House are having a hissy fit. So, noted. The Senate can pass it to placate the House, but, that is a precedent that cannot be ignored as unconstitutional. The House cannot dictate to the Senate, otherwise, why bother having two houses of the legislature.

Secretary Boner needs to go back to the drawing board as soon as possible and actually legislate the debt ceiling increase rather than playing politics forever.

The 'mechanism' to settle difference between the two legislative houses is reconciliation. That is the only mechanism that exists for the two houses to talk to each other in a formal manner. The other action is for the USA Senate to pass their own bill and send it to the House. The USA legislative government is completely dysfunctional because of extremists like Cantor and Senator Paul that care little about the people unless they can manipulate the outcome of their votes.

The Republican extremists are only interested in moralizing and not governing.

The wealthy have purchased dismantling of a Presidential election by placing extremists in the House. The wealthy have no interest in having the government function. That is true today and it was true under Bush #43. The American people are still dealing with the residual of the extremism that came to populous focus under "W" and carried forward by an opportunist called Sarah Palin.

The Republican Party has become a populous party and not a governing party. They count on unlimited popular content in order to stay in office. It has nothing to do with governing. The USA Constitution means nothing to them. They want to remove all barriers to church and state and still call the USA the same nation on the original constitution. As the Republicans seek to break down established law of the USA Constitution, they will have couped the nation. If the USA Constitution is meaningless the nation is no longer the USA, except, in name only. It is time to call them what they are.

Oh, the Bush years? Tom DeLay. Absolutely. He was an extremist anchored in gerrymandering. Otherwise he had no power over the constitution.