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So, armchair constitutional lawyers. This "supercommittee" and its "trigger" mechanism.

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Plaid Adder Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 03:58 PM
Original message
So, armchair constitutional lawyers. This "supercommittee" and its "trigger" mechanism.
Is this constitutional?

It seems unconstitutional to me. But I am not a lawyer.

The Plaid Adder
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truebrit71 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 03:59 PM
Response to Original message
1. This armchair constitutional lawyer would tend to agree with you...
...but I didn't stay in a Holiday Inn Express last night, so my legal opinion may be somewhat lacking...
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 03:59 PM
Response to Original message
2. Congress can create it's own rules and organizing principles
this falls in that category.

As to the trigger, part of those rules and laws.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 04:15 PM
Response to Original message
3. The constitutional issue is not relevant: it is vile and stupid.
It probably is constitutional. The legislature makes its own rules, and it would appear that it can rule itself into irrelevance. Why they would do that is a good question. The issue is that our national legislature just abdicated all responsibility to legislate the one thing that it really retains power over: the budget. So we no longer really have a representative democracy. It is pathetic. I can't wait to hear Dan Carlin's podcast on it.
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KittyWampus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 04:17 PM
Response to Reply #3
6. When was the last time you got that bent out of shape over a Select Committee? They've been formed
many times before.
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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 04:19 PM
Response to Reply #6
7. Have any other select committees disallowed congress to change the bill
or created a trigger mechanism for cuts or excluded people who voted a way on a bill?
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 04:19 PM
Response to Reply #7
8. Yes, the BRAC commision
Edited on Tue Aug-02-11 04:20 PM by nadinbrzezinski
I don't like it any more than you do... but yes, it's been done.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 04:20 PM
Response to Reply #6
9. You do not see anything slightly different about this one?
We aint discussing base closures, this is the entire budget of the federal government.
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KittyWampus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 04:16 PM
Response to Original message
4. Have any of the other Special/Select Committees over the last 100 years or so been
Unconstitutional?

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CanonRay Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 04:17 PM
Response to Original message
5. Probably constitutional....but really, really, dumb.
Unfortunately, there is no Article 62 which prohibits stupidity.
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jwirr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 05:04 PM
Response to Original message
10. Assigning legislators to a committee is but I don't think that their
findings can be made into law without being acted on by both houses. Especially because it is a different congress that would be letting it happen.
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 05:12 PM
Response to Original message
11. It seems an abandonment of constitutional responsibilities
After all, revenue measures are supposed to originate in the House, and this committee will be proposing unamendable revenue measures which will trigger automatic revenue consequences if not adopted. It's a very convenient way of dodging responsibility for draconian cuts, as well as an open (and irresistible?) invitation to some Members to avoid taking any action at all as a way to axe spending.

Considering that the House just adjourned without reinstating funding for the FAA, and all that that deliberate blunder will cost the nation and the flying public, I fully expect these vipers to subvert the usual budget process secure in the knowledge that there will be no electoral repercussions.

I suppose a Writ of Mandamus could sort this out.
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