House GOP considers constitutional test for all new legislation

By Molly K. Hooper - 12/16/10 03:40 PM ET

House GOP transition team leaders will recommend a change to the lower chamber's rules that would require all members to prove that their legislation is constitutional.

GOP members who are leading the party's transition to the majority unveiled a series of changes they will implement in the 112th Congress on Thursday, with many mirroring promises made in the GOP's "Pledge to America."

Rep. Rob Bishop (R-Utah), the head of the House Rules Working Group, on Thursday said the GOP transition team will recommend the adoption of a rule requiring lawmakers to provide constitutional authority for every bill.

“The Constitution is not that long. The operating manual for a Toyota Camry is more than five times longer, so it should not be that difficult,” Bishop said.

GOP leaders intended to send out a memo later Thursday providing guidance to members of the 112th Congress on how to deal with the new requirement, and suggest “resources they can go to to assist,” said Rep. Greg Walden (R-Ore.), the chairman of the transition team.

“The Constitution will suddenly become en vogue again” in the next House, Bishop said.

Bishop confirmed that the transition team will recommend adding term limits for committee chairmen to the House rules — a provision that was in place when Republicans were in power from 1995 to 2007.

But Walden said the transition team will not recommend similar term limits for House leadership members.

“There’s a term limit for those [leaders] … they get to go before their conference after the election,” Walden said at a briefing with leaders of several transition team sub-panels, including Bishop and Reps. Patrick Tiberi (R-Ohio) and Bob Goodlatte (R-Va.)

Under the GOP-dominated House, the practice of using unrelated bills to move major measures will also come to an end, the transition leaders said.

“We are going to make sure that one issue comes up at a time,” Bishop said. “No longer will we marry totally separate issues on the same piece of legislation. So that if we are going to vote on college loans … it won’t be added to some separate legislation.”

A number of other rule changes are in the works — all bills and major amendments headed to the floor for a vote must be available online for a minimum of three days, and committees will have to announce mark-up meetings at least three days in advance so that the public knows they will happen, the Republicans said.

 Comments

Good. The Constitution obviously means little to Harry Reid and his extremist Democrat allies. They're acting like the Delta House frat boys in Animal House after they have been expelled.BY DEMOCRATS GONE WILD on 12/16/2010 at 16:15

Sad that they have to make a positive, extra effort to focus attention on constitutionali ty.BY NANCY, CALIFORNIA on 12/16/2010 at 16:26

Uh-huh. We'll see just how long this newfound zest for openness and Constitutional fealty lasts with the GnOPe Party…BY MERLE THE PEARL on 12/16/2010 at 16:31

This issue is pointless as the House does not determine if something is constitutional or not. This is empty rhetoric aimed at doing nothing.BY LYLE on 12/16/2010 at 16:32

Sorry but it hasn't been just Democrats crapping on the Constitution. Remember George W “The Constitution is just a goddamn piece of paper” BushBY BOTH PARTIES @ FAULT on 12/16/2010 at 16:48

They will follow this test like they follow the "no earmarks" pledge. If they're are going to be status quo than stop with all the phony "I am a real American" pledges.BY GRAND OLD DOPES on 12/16/2010 at 17:02

This might be the first idea on which I agree with the Republicans. This idea will force the Republicans to use logic & reason when introducing bills. Being forced to justify new laws by proving they are constitutional may be the moderation that is sorely lacking by Republicans. Be careful what you wish for, GOP, because I think the Democrats will have no trouble meeting the standards of the constitution.BY PC LOWRY on 12/16/2010 at 17:09

Both Parties - don't believe everything you read.
http://www.factcheck.org/askfactcheck/did_president_bush_call_the_constitution_a.htmlBY CHARACTER COUNTS on 12/16/2010 at 17:14

I think these are steps in the right direction. Forcing legislators to review submittals and document constitutionali ty only makes sense. That's how sound process works in industry and why should the government be exempt from industry standards. And please don't insult me with the argument that legislators don't determine constitutionali ty. No one is trying to usurp the authority of the Supreme Court. But the review process is unwieldy and takes too long. And let's be honest. The American people are far too tolerant of unconstitutiona l legislature and government behavior in general.BY RITPG on 12/16/2010 at 17:18

This would bring an end to robbing the U.S. Treasury so the politicians can cycle the money through earmarks and get payoffs back from lobbyists.BY BALONEY GUY on 12/16/2010 at 17:50