Via RawStory:
Representative Henry Waxman (D-CA) has alleged in a letter to White House Chief of Staff Andrew Card that President Bush signed a version of the Budget Reconciliation Act that, in effect, did not pass the House of Representatives.
Further, Waxman says there is reason to believe that the Speaker of the House called President Bush before he signed the law, and alerted him that the version he was about to sign differed from the one that actually passed the House. If true, this would put the President in willful violation of the U.S. Constitution.
Oh my. Henry is none-too-impressed in his letter to Andy Card. Excerpts:
Dear Mr. Card:
On February 8, 2006, President Bush signed into law a version of the Deficit Reduction Omnibus Reconciliation Act of 2005 that was different in substance from the version that passed the U.S. House of Representatives. Legal scholars have advised me that the substantive differences between the versions - which involve $2 billion in federal spending - mean that this bill did not meet the fundamental constitutional requirement that both Houses of Congress must pass any legislation signed into law by the President.
[...]
I understand that a call was made to the White House before the legislation was signed by the President advising the White House of the differences between the bills and seeking advice about how to proceed. My understanding is that the call was made either by the Speaker of the House to the President or by the senior staff of the Speaker to the senior staff of the President.
I would like to know whether my understanding is correct. If it is, the implications are serious.
[...]
The Presentment Clause of the U.S. Constitution states that before a bill can become law, it must be passed by both Houses of Congress.[3] When the President took the oath of office, he swore to "preserve, protect, and defend the Constitution of the United States," which includes the Presentment Clause. If the President signed the Reconciliation Act knowing its constitutional infirmity, he would in effect be placing himself above the Constitution.
[...]
Henry goes on to state that everyone will "need a straightforward explanation of what the President and his staff knew". Did you laugh when you read that like I did? Yeah, right. What are the chances of that? I guess we shall see if anything comes of this and just how quickly Scotty McRobot will brush it away at the next press conference.
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