August 11, 2006

District Court Rejects Challenge to Deficit Reduction Act Under Marshall Field

In Public Citizen v. Clerk, Judge Bates of the federal district court in Washington, D.C. has rejected the argument that the DRA did not become law because of failure to meet the bicameralism requirement of the Constitution. (This was the case where the bill passed by the House was slightly different from the version passed by the Senate.) A snippet: "In short, Marshall Field establishes a rule that when a violation of the bicameral requirement is alleged, the signatures of the presiding officers of each chamber of Congress and the President on the enrolled bill is a 'complete and unimpeachable' authentication that the bicameral requirement has been satisfied, unrebuttable by evidence gleaned from the Congressional Record, prior versions of bills, or any other documents printed by authority of Congress. That rule remains in effect today."

Posted by Rick Hasen at August 11, 2006 12:28 PM