Rush dubiously calls House rule a "fundamental violation of the Constitution"
March 19, 2010 1:38 pm ET
From the March 19 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Congress is empowered with formulating and maintaining their own procedural rules. The Repubs never complained before.
You mean that they're just calling it the Slaughter rule since she's not the committee head in charge of the Rules Committee in the House of Representatives? And they're doing so in a dishonest attempt to demonize Democrats? And that they're hypocrites for objecting to the Dems using this rule when they've used it plenty too - it's not actually an extreme, extraordinary and rare tool to be used to ensure that the efforts you're trying to pass get passed?
Wow. It's amazing what one can learn by simply opening one's eyes and ears and being attuned to reality instead of talking points!
Of course, it also explicitly states in the constitution that congress will make their own rules.
Article I, Section 5, Clause 2
"Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member."
Article I, Section 8, Clause 18
"The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers"
There is no constitutional ground or legal precedent even the brutal conservative court we have today could invoke to make this unconstitutional. Of course, deciding this rule is unconstitutional would be the supreme court dictating the rules of the house which would in and of itself be unconstitutional based on Article I, Section 5, Clause 2 specifically.
This is not to mention that the self-executing rule has been in existence since the 1930s and never removed even thought it was involved in a few court cases.
The SC could also violate the constitution by deeming this unconstitutional because they could be guilty of violating the separation of powers which distinctly gives congress and only congress the ability to write rules and pass legislation which would be passed to the SC in such a decision.