Suit to Stop Budget Cuts that Violate Constitution

30 April 2006

For Immediate Release:

Conyers and 10 Ranking Members FileSuit to Stop Budget Cuts that ViolateConstitution

(Detroit, MI) Congressman John Conyers, Jr.,joined by 10 additional Members of Congress, will bringlegal action tomorrow to enjoin the implementation of theDeficit Reduction Act.

On February 8, the Presidentsigned a version of the "Deficit Reduction Act" that hadpassed the Senate, but had never passed the House (the Housepassed version of the bill provided for 36 months of durablemedical equipment funding whereas the Senate bill providedfor 13 months - amounting to a roughly $2 billiondifference) As such, the version signed by the presidentshould not be considered a "law," as it does not comply withthe constitutional requirement that the same exact bill passboth Houses of Congress. According to public accounts, theRepublican leaders of the House and the Senate, as well asthe President, were well aware the legislation before thePresident had not passed the House of Representatives beforethe presidential signing ceremony.

"Once again theAdministration is playing fast and loose with theConstitution. Anyone who has passed the sixth grade knowsthat before a bill can become a law, both Houses of Congressmust approve it. That the Bush Administration is now sayingotherwise underscores the Constitutional crisis we arefacing in this country," said House Judiciary CommitteeRanking Member Congressman John Conyers, Jr. "Over 200 yearsof legal precedent dictate that such discrepancies can behandled through simply refiling the paperwork, or re-votingthe whole bill. Because the bill cuts billions of dollars tothe Nation's most needy, the Republican leadership preventeda re-vote at all costs."

Congressman John Dingell, RankingMember of the Energy and Commerce Committee noted that,"this lawsuit points out the evils of combining politicalexpediency and constitutional shortcuts. There is no excusefor avoiding basic institutional responsibilities that theAmerican people expect to be carried outhonestly."

"Republican leaders were in such a rush to ramthis bill through Congress and get the President to sign itthat they violated the Constitution in the process," saidRep. George Miller, Ranking Member of the Education andWorkforce Committee. "And they were in a rush because thiswas a very, very bad bill. They wanted to spend as littletime as possible having to explain their backwardspriorities - like cutting $12 billion from financial aidprograms for college students - to theirconstituents."

Congressman Charles Rangel, Ranking Memberof the Ways and Means Committee explained that "theConstitution is clear legislation signed by the Presidentmust be passed by both the House and the Senate. In allowingthe President to sign a bill that was not passed by theHouse, Congressional Republicans made a mockery of thelegislative process. This suit attempts to right the wrong,restoring order to the bicameral process required by theConstitutional drafters."

Rep. Bennie Thompson, RankingMember of the Homeland Security Committee added, "time andtime again the President has sought to discard theConstitution as if it were an old shoe. During thesedifficult times, it is imperative that we here in Congressadhere to process set forth by our Constitution to ensurethat the American people are getting what they paid for whenthey voted us into office. I don't believe that our FoundingFathers gave the Bush Administration a free pass to onlycomply when it suits their current political needs."

"Bypretending that this defective bill is a validly enactedlaw, President Bush and the Republican majority in Congressare setting a dangerous precedent. They cannot choose toignore the Constitution when it fits their needs," saidCongressman James L. Oberstar, Ranking Member of theTransportation and Infrastructure Committee. "My Democraticcolleagues and I initiated this lawsuit so that the judicialbranch can correct this unconstitutional and arrogant abuseof power by the executive and legislative branches ofgovernment."

"This lawsuit will test the intellectualintegrity of those who argue for the literal application ofthe original intent of the constitution, since therequirement that both houses of Congress pass laws inidentical form is one of the least ambiguous provisions inthat document," said Rep. Barney Frank, Ranking Member onthe Financial Services Committee.

"Schoolhouse Rock hastaught generations of Americans how a bill becomes a law,"said Rep. Stark, Ranking Democrat on the Ways and MeansHealth Subcommittee. "As most school children can attest, abill is just a bill on Capitol Hill until it passes both theHouse and Senate in identical form and is signed by thePresident - or Congress overrides his veto. I'm sorry we'vehad to resort to this lawsuit, but I am committed toprotecting our democracy."

In addition to Rep. Conyers,the other plaintiffs will include the Ranking Members onrelevant committees and subcommittees impacted by theDeficit Reduction Act: Rep. John Dingell, Ranking Member onthe Energy and Commerce Committee; Rep. Charles B. Rangel,Ranking Member on the Ways and Means Committee; Rep. GeorgeMiller, Ranking Member on the Education and WorkforceCommittee; Rep. James L. Oberstar, Ranking Member on theTransportation and Infrastructure Committee; Rep. BarneyFrank, Ranking Member on the Financial Services Committee;Rep. Collin C. Peterson, Ranking Member on the AgricultureCommittee; Rep. Bennie Thompson, Ranking Member on theHomeland Security Committee; Rep. Louise M. Slaughter,Ranking Member on the Rules Committee; Rep. Fortney "Pete"Stark, Ranking Member on the Ways and Means HealthSubcommittee; Rep. Sherrod Brown, Ranking Member on theCommerce Health Subcommittee. The Congressmen arerepresented by Dykema Gossett PLLC and Professor ErwinChemerinsky, a constitutional expert at Duke Law School.

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