Legal Commentary

Political Gimmicks And The Constitution

By Big Tent Democrat

Joan McCarter covers Claire McCasklil's political gimmickry on the budget (I think it is stupid politics on her part, but who knows?). While Joan details how awful the proposal is on substance, I was struck by the brazen attempt to use a procedure that the Supreme Court has declared unconstitutional. Here's is the plan:

Enforcing Spending Caps[.] If federal spending is projected to exceed the CAP Act designated amount for that year, the OMB is required to sequester funds such that it brings federal spending back to the CAP Act mandated levels. [. . .] This concept is based in part on the sequestration requirements of the current PAYGO law and its predecessor, the Gramm-Rudman-Hollings Balanced Budget and Emergency Deficit Control Act.

The Gramm-Rudman-Hollings Balanced Budget Act and Emergency Deficit Act was declared unconstitutional by the Supreme Court in Bowsher v. Synar. Obviously this proposal is nothing but a political gimmick, with no chance of passage. Similar gimmicks which have been declared unconstitutional like the line item veto are also still trotted out. Is it too much to ask of our pols that they present better thought out gimmicks?

Speaking for me only

Full post as published by TalkLeft on February 03, 2011 (boomark / email).