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View Diary: Stupid headline tricks (148 comments)

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  •  What about the SCOTUS ruling in 1998 (1+ / 0-)
    Recommended by:
    CA Berkeley WV

    CLINTON v. CITY OF NEW YORK (97-1374)
    985 F. Supp. 168, affirmed.

    http://www.law.cornell.edu/...

    "No man deserves to be praised for his goodness unless he has strength of character to be wicked." La Rochefoucald

    by Void Indigo on Tue Mar 16, 2010 at 10:53:40 AM PDT

    •  Lline item veto? The other case touched this (0+ / 0-)

      rule making directly. Look at DC Court of Appeal Public Citizen V George W. Bush is more applicable

      a bill signed by the leaders of the House and Senate—an attested "enrolled bill"—establishes that Congress passed the text included therein "according to the forms of the Constitution,"
      ::::::::
      In the case at bar, the record contains a copy of the DRA bearing the signatures of then Speaker of the House of Representatives Dennis Hastert and President pro tempore of the Senate Ted Stevens. Where such an attested enrolled bill exists, Marshall Field requires "the judicial department to act upon that assurance, and to accept [the bill] as having passed Congress."

      It touched on the House making its own Rules and all.

      the Constitution left it to Congress to determine how a bill is to be authenticated as having passed. In the absence of any constitutional requirement binding Congress, we stated that "[t]he respect due to coequal and independent departments" demands that the courts accept as passed all bills authenticated in the manner provided by Congress.

      The Tea Party cranks and psuedo-patriots are just going to have to accept that if Speaker Nancy Pelosi and President pro tempore of the Senate Robert C. Byrd sign the bill, it's a bill, just like in School House Rock.

      Anyone who has the power to make you believe absurdities has the power to make you commit injustices -- François-Marie Arouet

      by CA Berkeley WV on Tue Mar 16, 2010 at 01:10:58 PM PDT

      [ Parent ]

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