Posted on 03/20/2010 10:30:46 AM PDT by TeleStraightShooter
Two SCOTUS cases are being bandied about as weak support for Deem and Pass:
Clinton v. City of New York (1998)
Field v. Clark (1892)
Neither deal directly with the question of "Deem and Pass", but rather with Enrolled Bills that were not exactly the same when passed in both houses.
In the 1892 case Field v. Clark :
...in regard to certain matters, the constitution expressly requires that they shall be entered on the journal. To what extent the validity of legislative action may be affected by the failure to have those matters entered on the journal we need not inquire. No such question is presented for determination.
Looks like the issue will finally be examined.
(Excerpt) Read more at caselaw.lp.findlaw.com ...
....as Mr. Justice Story has well said, 'the object of the whole clause is to insure publicity [143 U.S. 649, 671] to the proceedings of the legislature, and a correspondent responsibility of the members to their respective constitutents. And it is founded in sound policy and deep political foresight. Intrigue and cabal are thus deprived of some of their main resources, by plotting and devising measures in secrecy. The public mind is enlightened by an attentive examination of the public measures; patriotism and integrity and wisdom obtain their due reward; and votes are ascertained, not by vague conjecture, but by positive facts. ... So long as known and open responsibility is valuable as a check or an incentive among the representatives of a free people, so long a journal of their proceedings and their votes, published in the face of the world, will continue to enjoy public favor and be demanded by public opinion.' 2 Story, Const. 840, 841.
In regard to certain matters, the constitution expressly requires that they shall be entered on the journal. To what extent the validity of legislative action may be affected by the failure to have those matters entered on the journal we need not inquire. No such question is presented for determination.
Bookmark and Ping! Thanks for posting this info.
Might want to ping your lists to this info.
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