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Is the Omnibus Bill Unconstitutional?

Constituion vs Congress. - Imgflip

The nefarious $1.7 trillion Omnibus spending bill was passed by progressives in both parties.  

This bill funds bigger government for fiscal year 2023 through September.  The bad news is that progressives seized on an initiative to eviscerate the incoming Republican House majority for half of their term.  The good news is this bill should not stand because it is unconstitutional.  The best news will be when something is done about that.

The House has authority to initiate spending under the Origination Clause of our Constitution which is Article 1, Section 7, Clause 1.  This clause gives power to the House of Representatives to originate revenue bills and supply government.  Obviously, it is a power revolving in time, coincidental with terms of office.  The House, being elected politicians closest to the people because of their short term of office, has authority and responsibility to tailor government spending to best match the will of voters.

The 117th United States Congress has exceeded their authority past their term limit by usurping the authority of the 118th Congress.  

Once the 117th Congress has been succeeded in the New Year, they no longer meet, they no longer legislate, they are history.  The same is true of their bills becoming laws.  Constitutionally, this means appropriations bills can’t extend past their time in office.  Otherwise, they are legislating extra officium.

It does not matter how execrable the practices of the Congress have become.  What matters is what the Constitution says.  Precedents of bad behavior don’t amount to license.  Congress has a long history of engaging in or encouraging unconstitutional actions.  

read more:

https://www.americanthinker.com/articles/2022/12/omnibus_fraud.html

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Replies

  • One big problem! Mitch McConnell.

  • This is ery interesting - I certainly hope it is true.  The House Republicans have been talking tough, but will they actually do something about this bill if it is unconstitutional.  Heck - they cannot even come up with a Speaker of the House.  Doesn't give a person a great deal of confidence.

  • Now we shall see if the constitutionally conservative representatives in Congress have the guts to do the right and constitutional thing.

  • They should make the declaration that it was and proceed with a new bill. Let the court settle it out while they move forward. 

    • And the court's most solemn and sacred duty is to apply the principles of the Constitution in matters such as this.

  • The question as to whether the OMNIBUS BILL is unconstitutional is in question, But there is no doubt as to the lack of FISICAL RESPONSIBILITY of passing

    it. The actual fact is that many  if not all those  that voted for this Bill did not read it and not one single one of them even bothered to ask the basic question HOW TO WE PAY FOR IT. We have a serious spending problem in Washington and its not solving our nations economy problems its only adding to Inflation. We have not had or even tried to have a balanced federal budget in years and those serving in congress have no desire for one. At some point the bill has to be paid but again no one in Washington is concerned.  I personally do believe based on the Constitution that this Bill may very well be unconstitutional but it will never be challenged no one in Washington has the courage to do so. We can be thankful for the few Republicans that voted NO but there were enough defectors to get it passed. We the people are now stuck with trillions more debt that will benefit very little in rebuilding our economy or reducing inflation in fact its only going to damage it. No legislation should ever be rushed through congress without being read and evaluated by every member of congress in fact there was legislation passed a few years ago to ensure legislation such as this would not be pushed through but as usual congress failed to do their job. The fact that congress sits on their backside and never proposes a budget and is exactly why legislation like this gets passed. Their excuse is always we have to pass this to keep the government from shutting down this would Never be a problem if congress both parties did their job in the first place. We the voters have to start demanding more from our elected officials than what we are getting.

    • There are some of us out here that try. But seeing how a lot of conservatives fell for the covid garbage I do not have a lot of hope.

       

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