Talk:Congressional Budget and Impoundment Control Act of 1974

Unconstitutional?

Has anyone objected that this Act is unconstitutional because it violates the Constitutional clause that says that "each House may determine the rules of its proceedings"? Grover cleveland (talk) 20:26, 25 February 2010 (UTC)

The Act states that it is an exercise of that Constitutional power. -- Dauster (talk) 10:35, 26 February 2010 (UTC)

So would it be constitutional, say, to enshrine the 60-vote cloture procedure for a Senate filibuster in legislation? Grover cleveland (talk) 19:57, 26 February 2010 (UTC)

I hear you. That's a subject for healthy debate. Personally, I think it's within the Senate's Constitutional power to tie its own hands, even if it's foolish to do so. -- Dauster (talk) 00:26, 7 March 2010 (UTC)

I guess the interesting question would be: what would happen if the senate, but only the senate, voted to withdraw from the procedural constraints enshrined in the Act? Constitutionally it would seem that the senate must have the right to "determine the rules of its [own] proceedings" -- i.e. that the lack of approval from the House or President cannot prevent the senate from changing its rules unilaterally. Grover cleveland (talk) 18:40, 9 March 2010 (UTC)

Quite so. The Senate could, by a simple resolution passed by the Senate alone, modify its rules under the Act. The House does so in effect by passing rules that govern bills notwithstanding Budget Act prohibitions. Dauster (talk) 10:46, 11 March 2010 (UTC)

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