Political Skullduggery

In the last few days, bloggers have been the only people taking note of a blatant case of bill-signing skullduggery.

Now, as proof that real people think something is amiss, the mainstream media is picking up on the story:

(L)ast month...President Bush signed into law a bill that actually never passed the House. The bill -- in this case, a major budget-cutting measure that will affect millions of Americans -- became a law because it was "certified" by the leaders of the House and Senate.

After stewing for weeks, Public Citizen, a legislative watchdog group, sued yesterday to block the budget-cutting law, charging that Bush and Republican leaders of Congress flagrantly violated the Constitution when the president signed it into law knowing that the version that cleared the House was substantively different from the Senate's version.

The issue is bizarre, with even constitutional scholars saying they could not think of any precedent for the journey the budget bill took to becoming a law. Opponents of the budget law point to elementary-school civics lessons to make their case, while Republicans are evoking an obscure Supreme Court ruling from the 1890s to suggest a bill does not actually have to pass both chambers of Congress to become law...

For their part, congressional leaders and administration officials point to an 1892 Supreme Court decision, Field v. Clark , to argue that as long as the speaker of the House and the leader of the Senate certify a bill passed, it is passed. In that case, a bill signed by President Benjamin Harrison and authenticated by the leaders of the House and Senate was different from the version printed in the official journals of Congress, known now as the Congressional Record...

In the 1892 case, the Supreme Court did not rule that the law really was a law but instead said the dispute was not a matter for the courts to decide, said Michael C. Dorf, a professor of constitutional law at Columbia University. The main problem for Public Citizen will not be showing that the budget law is technically not a law, but getting the courts involved, Dorf said, especially with a measure as sweeping as this one...

The issue would be solved if the House voted again, this time on the version that passed the Senate. But that would mark the third time House members would have to cast their votes on a politically difficult bill, containing cuts in many popular programs, and it would be that much closer to the November election.

The bottom line is that the fuckwitted House members are too spineless to vote again on the legislation, and would rather throw this thing to the Court, if need be, to deal with the mess.

There is also some evidence that Bush knew at the time that he was signing a bill that hadn't passed both chambers in identical form.