Court: Dems’ Unconstitutional Quorum Break Spent $1.7T
Congress Lacks Quorum to Pass Spending Bill, Court Rules
A federal court ruled on Tuesday that Congress did not have the required quorum to pass the Consolidated Appropriations Act of 2023. As a result, the Biden administration cannot enforce the new mandates imposed on Texas by the Pregnant Workers Fairness Act. However, the ruling did not affect the $1.7 trillion in appropriations, leaving Congress and the White House with no real remedy for their disregard of the Constitution.
Judge Holds Bench Trial in Texas Lawsuit
Last month, federal Judge James Hendrix held a bench trial in the lawsuit brought by Texas Attorney General Ken Paxton against the Biden administration. Paxton challenged the constitutionality of the spending bill based on the “quorum clause” of the U.S. Constitution. The clause states that a majority of each House must constitute a quorum to conduct business.
“Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.”
Texas argued that when the House voted on the spending bill, it lacked a quorum because only 201 members were physically present, which was less than a majority of the total voting House members. However, the House used a proxy-voting rule that allowed absent representatives to have others cast votes on their behalf, resulting in the bill’s passage.
Judge Hendrix concluded that the bill passed in violation of the Constitution’s Quorum Clause. However, Texas only had standing to challenge the Pregnant Workers Fairness Act, and the court entered an injunction preventing the federal government from enforcing it against Texas.
While the spending bill included several permanent pieces of legislation, including the Pregnant Workers Fairness Act, the court held that Texas had standing to challenge the act due to the compliance costs and burdens it imposed on the state.
Texas also challenged an appropriation in the bill that funded nonprofits and local governments to assist released illegal aliens. However, the court found the alleged injury too speculative and ruled that Texas lacked standing to challenge that portion of the law.
Although only a small portion of the bill was invalidated for Texas, the ruling highlights the disregard for the Constitution by the Democrat-controlled Congress and executive branch.
The practical significance of the ruling may grow as other states and employers bring similar challenges to the constitutionality of the spending bill. The Biden administration is likely to appeal to higher courts, but Texas’ solid originalist theory makes reversal unlikely.
Watch for the Biden administration to spin its unconstitutional conduct as a Republican attack on pregnant women, as Democrats often do.
How did Judge Hendrix’s ruling on the quorum requirement impact the Consolidated Appropriations Act of 2023?
Day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.”
Judge Hendrix agreed with Paxton’s argument and declared that Congress did not have a quorum when voting on the Consolidated Appropriations Act of 2023. He cited evidence presented during the trial that showed several members of Congress were absent at the time of the vote.
Moreover, the judge emphasized the importance of the quorum requirement as a safeguard against the abuse of power. He stated, “The quorum requirement ensures that legislative decisions are made with the full participation of elected representatives. It is a vital aspect of our constitutional system of checks and balances.”
Implications for Texas and the Biden Administration
The ruling has significant implications for Texas, particularly in relation to the Pregnant Workers Fairness Act. This act, which seeks to protect the rights of pregnant workers, would have imposed several new mandates on Texas employers. However, without a quorum, the Biden administration cannot enforce these mandates on the state.
While this ruling may be seen as a victory for the state, it also highlights the consequences of Congress failing to uphold constitutional requirements. Without a quorum, laws and appropriations may lack legitimacy, casting doubt on the authority of the government.
Furthermore, the ruling raises questions about the responsibility of the White House in ensuring that Congress adheres to constitutional obligations. As the executive branch, it is their duty to enforce the laws passed by Congress. However, in this case, the Biden administration finds itself unable to enforce certain provisions of the Consolidated Appropriations Act due to the lack of quorum.
Next Steps for Congress and the White House
The federal court’s ruling leaves Congress and the White House with limited options to rectify the situation. While Congress can attempt to pass the spending bill again with the required quorum, it may prove to be a difficult task given the complex nature of the legislative process and political divisions within the government.
On the other hand, the Biden administration may choose to appeal the ruling, seeking to overturn the decision and regain the ability to enforce the mandates on Texas. However, this process could be time-consuming and may not guarantee a favorable outcome.
In either case, this ruling serves as a reminder of the importance of adhering to constitutional requirements. The quorum clause, among other provisions, ensures that decisions made by Congress have the legitimacy and authority required by our democratic system. Any disregard for these requirements weakens the foundation of our government and erodes the trust of the American people.
Conclusion
The federal court’s ruling that Congress lacked a quorum to pass the Consolidated Appropriations Act of 2023 has far-reaching implications for both Texas and the Biden administration. While the ruling relieves Texas of certain mandates imposed by the Pregnant Workers Fairness Act, it highlights the dangers of disregarding constitutional obligations.
This decision leaves Congress and the White House with few options to rectify the situation, and it underscores the importance of upholding constitutional requirements in our democratic system. As the legal proceedings continue, it is essential for all branches of government to recognize and respect the fundamental principles that form the basis of our nation’s governance.
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