Brandon

Friday, June 02, 2006

Senate Immigration Bill Bites Poison Pill

All the brouhaha in the House of Representatives over the Constitution's speech and debate clause at it relates to the FBI searching of Congressman William Jefferson (DEMOCRAT-LA)'s office may have some positive fallout.

The House of Representatives is very conscious of the unique constitutional role they play and guard those perogatives well.

Now, a new constitutional twist: The Senate has overstepped it's constitutional authority in the immigration bill recently passed where they define what taxes will, or will not, be paid by illegal aliens.

More from the Washington Times:

The long-fought Senate immigration bill that opponents say grants amnesty to 10 million illegal aliens is unconstitutional and appears headed for certain demise, Senate Republicans now say.

A key feature of the Senate bill is that it would make illegals pay back taxes before applying for citizenship, a requirement that supporters say will raise billions of dollars in the next decade.

There's just one problem: The U.S. Constitution specifically prohibits revenue-raising legislation from originating in the Senate.

"All bills for raising revenue shall originate in the House of Representatives," according to the "origination clause" in Article I, Section 7.

Republicans -- including the bill's supporters -- say this will kill the bill, and Senate Majority Leader Bill Frist says he's offered a simple solution. He wants to attach the immigration bill to a tax bill that has already passed the House. It would then proceed as planned to a "conference committee," where negotiators from the House and Senate hammer out differences between the two chambers' immigration bills.
"This is a procedural issue that we could overcome," said Carolyn Weyforth, spokeswoman for Mr. Frist.

But Minority Leader Harry Reid won't go along with that fix. His office said yesterday that the concerns raised by Mr. Frist and House Republicans are "technical in nature" and can be ignored.

"If Republicans are serious about enacting comprehensive immigration reform, I've got a deal for them," spokesman Jim Manley said. "All they have to do is nothing. Just let the House and Senate bills go to conference and let the conferees work their will."

Well isn't that special! Good old funeral director Harry Reid, the Senate Majority Leader finds this constitutional question "technical." I suppose that is easy to do after you also "misstate" your understanding of Senate ethics rules when it comes to accepting expensive boxing tickets (*cough* BRIBES)or when you look the other way as every male member of your family enriches themselves by lobbying dear old dad on legislation.

This is nothing new for Democrats who view the US Constitution as a "living document" (translation, it means whatever we say it means).

The House of Representatives now has the upper hand in dealing with this immigration issue. And it's clear from GOP member's statements that they are in no mood to roll over and play dead for the Senate; especially now that the Senate has trod on the House's constitutional perogatives.

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