The Republican Veto rule, Hastert's unconstitutional power grab
Is the "Republican Veto" unconstitutional?
Speaker Hastert has come up with a clever way to ensure that all House bills are approved by the right-most half of the republican party.
His "majority of the majority" rule, functions as a "party veto", permitting any majority of republican house members to veto a bill.
"Speaker J. Dennis Hastert's insistence that major legislation reach the House floor only if it appears to be backed by a "majority of the majority" could throw a high hurdle in front of efforts to reach a House-Senate compromise on immigration later this year, lawmakers said. Hastert (R-Ill.) has invoked the policy in blocking bills that appeared likely to win approval from more than half of the House's 435 members but less than half of its 231 Republicans."
This means that any 161 Republicans have the power to stop any bill they do not like, no matter how many democrats and moderate republicans support it.
The consequence of this policy is to further discourage involving House democrats in legislation, and to shift legislation to the right.
This seems like an almost unconstitutional rule, reminiscent of Clinton v. New York and the line item veto, or the congressional veto of legislated executive discretion in INS v. Chadha. I know that there is considerable discretion in congress to permit rulemaking, but this seems fundamentally different than committee rules or floor debate regulation.
Could Hastert say that no bill will go to the floor unless it is approved by, for example, the house republican leadership? or, Tom Delay? or Hastert? Would it be legal to create a rule giving the speaker of the house alone a similar veto power? What about me? Could he give me veto power?
How far does "rulemaking" power go?
This rule gives special power to particular person or group to overrule a majority of the legislature. If Chadha and Clinton v. NY are "legislative actions," then this veto power should also be a legislative action and unconstitutional.
Speaker Hastert has come up with a clever way to ensure that all House bills are approved by the right-most half of the republican party.
His "majority of the majority" rule, functions as a "party veto", permitting any majority of republican house members to veto a bill.
"Speaker J. Dennis Hastert's insistence that major legislation reach the House floor only if it appears to be backed by a "majority of the majority" could throw a high hurdle in front of efforts to reach a House-Senate compromise on immigration later this year, lawmakers said. Hastert (R-Ill.) has invoked the policy in blocking bills that appeared likely to win approval from more than half of the House's 435 members but less than half of its 231 Republicans."
This means that any 161 Republicans have the power to stop any bill they do not like, no matter how many democrats and moderate republicans support it.
The consequence of this policy is to further discourage involving House democrats in legislation, and to shift legislation to the right.
This seems like an almost unconstitutional rule, reminiscent of Clinton v. New York and the line item veto, or the congressional veto of legislated executive discretion in INS v. Chadha. I know that there is considerable discretion in congress to permit rulemaking, but this seems fundamentally different than committee rules or floor debate regulation.
Could Hastert say that no bill will go to the floor unless it is approved by, for example, the house republican leadership? or, Tom Delay? or Hastert? Would it be legal to create a rule giving the speaker of the house alone a similar veto power? What about me? Could he give me veto power?
How far does "rulemaking" power go?
This rule gives special power to particular person or group to overrule a majority of the legislature. If Chadha and Clinton v. NY are "legislative actions," then this veto power should also be a legislative action and unconstitutional.
posted by LB at 5/23/2006 10:34:00 AM
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