Patterico's Pontifications


America’s ‘Deem as Passed’ Budget (Updated)

Filed under: Government — DRJ @ 9:31 pm

[Guest post by DRJ]

The House has deemed as passed a $1.12 Trillion budget:

“Last night, as part of a procedural vote on the emergency war supplemental bill, House Democrats attached a document that “deemed as passed” a non-existent $1.12 trillion budget. The execution of the “deeming” document allows Democrats to start spending money for Fiscal Year 2011 without the pesky constraints of a budget.

The procedural vote passed 215-210 with no Republicans voting in favor and 38 Democrats crossing the aisle to vote against deeming the faux budget resolution passed.

Never before — since the creation of the Congressional budget process — has the House failed to pass a budget, failed to propose a budget then deemed the non-existent budget as passed as a means to avoid a direct, recorded vote on a budget, but still allow Congress to spend taxpayer money.”

Rep. Paul Ryan’s response is at the link. He’s much calmer than I would have been so it’s fortunate he’s the one speaking for the GOP.

H/T Dustin.


UPDATE — More from The Hill:

“House Democrats passed a budget document Thursday that sets discretionary spending at levels below those proposed by President Barack Obama but doesn’t address how Congress should cut deficits.

The “budget enforcement resolution” Democrats are substituting for a traditional budget resolution sets discretionary spending for 2011 at $1.12 trillion, about $7 billion less than Obama’s proposal and $3 billion less than a Senate Democratic plan. It also sets a goal of cutting deficits to the point where revenues equal all spending except for interest payments on the debt.

But unlike traditional budget resolutions, this year’s version doesn’t detail how Congress should reach that goal, leaving those tough decisions to Obama’s bipartisan fiscal commission.”

Article I of the United States Constitution sets forth the powers of Congress, and Section 9 Clause 7 provides that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Can a bipartisan fiscal commission created by the Executive exercise power for Congress? Further, as Steven Den Beste raises in the comments, who has standing to object?

45 Responses to “America’s ‘Deem as Passed’ Budget (Updated)”

  1. It strikes me that this is ripe for a constitutional challenge in court. But who would have standing?

    Steven Den Beste (99cfa1)

  2. Remember: this is the government folks have been waiting for.

    Must be GWB’s fault.

    Eric Blair (02a138)

  3. We are very lucky to have Paul Ryan, who manages to give me a little confidence that we can solve this mess we’re in. My head nearly popped right off when I realized Pelosi did this.

    They know it’s wrong. They know it’s really wrong. They knew we’re out of money and they are destroying our country. They just don’t care, is all.

    Steven, I hope Kagan is asked to explain whether this is constitutional or not, but she won’t answer. This is ridiculous, but the House can set her own rules.

    Article 1, section 7, covers this issue. It’s vague. This originated in the House, but is this Deem and Pass itself a bill? I suppose if they voted in favor of it, yes. I think it may be giving a lot of authority to Obama’s commission. But it originated in the House and I don’t think it will be overturned. Who the hell knows these days.

    but it’s against the law, Steven, even if it’s constitutional, because of the Congressional Budget Act. There’s just no way around it.

    This is a House that is above the law.

    Dustin (b54cdc)

  4. Demand to see the text of what was deemed passed – I guess they have the 4th of July break to actually write it.

    daleyrocks (1d0d98)


    This is still federal law as far as I know, but I suppose they can just deem it unpassed.

    Dustin (b54cdc)

  6. I updated the post.

    DRJ (d43dcd)

  7. How’s that Obama “most transparent ever” thing working out?

    How’s that Pelosi “most corruption-free ever” thing working out?

    How’s that “5 day online before a vote” thing working out?

    John Hitchcock (9e8ad9)

  8. Well, enough about us. More importantly what do the expert Journolist kids have to say? Are they happy about this? Have any of them opined yet? Do they think deeming and passing the nation’s budget is way kul?

    elissa (586a03)

  9. Good update.

    What they are trying to hide, massive generational theft, is worth creating a constitutional crisis. To them.

    They have a mechanism that the taxpayers already spend a hell of a lot of money on, simply for this function. I don’t have any faith in this being stopped by the Court, but it’s simply insane.

    Every dollar they spend is a dollar they are taking from us or two bucks from our kids. Will the voters get the message that this is how they did it? How many of them would even care?

    Dustin (b54cdc)

  10. If it’s good enough for a Banana Republic, then it’s definitely good enough for the United States.

    Thanks and a big shout out to all the liberals/Democrats of America, and, of course, the current occupant of the Oval Office.

    Mark (411533)

  11. The fact that 38 Dems voted with the Repubs on this is big. And probably half of the rest of the Dems who voted with Pelosi had no actual idea what they were even voting on.

    elissa (586a03)

  12. Can we deem Obama impeached?

    grs (e65644)

  13. America is nothing more than a registered trademark of the Democratic Party.

    We are a great land, laid waste by petulant and pitiful fools who have no idea of the intellect and labor that provided the means to afford its rise.

    They only slather at its demise for some sort of Eden that already exists.

    Ag80 (363d6e)

  14. But who would have standing?

    Taxpayers? Congressmen? States?

    But more important, why would any Republican serve on this commission in the circumstance? Except maybe to filibuster.

    Kevin Murphy (5ae73e)

  15. If the government is going to act like a Banana Republic, I suppose we should change the government as they would in a Banana Republic.

    AD - RtR/OS! (688ffe)

  16. Ah the old 215-210 trick. Sounds like Nan engineered another vote allowing at risk Dems to vote against it, whilst still sqeaking it through. Once again we are played for fools. Most likely they are all yucking it up at Beltway cocktail parties as we are treated with customary didain.

    Gazzer (48b1f9)

  17. Or “disdain” even. Sheesh!

    Gazzer (48b1f9)

  18. This post has me confused. The budget last year was $3.5 trillion. How could they pass a $1.12 trillion dollar budget when the article states the budget deficit will be $1.5 trillion?

    Rick (f72ace)

  19. Tell me again how the Republic is to withstand?

    It’s time for Chief Justice Roberts to intervene. It’s time for injunctions never before known.
    It’s time for Truth.

    Ed from SFV (27d3cb)

  20. Hey, since it’s the wee hours and there’s likely no moderators on currently, I’d like to point out mason870507 did a “spam check” followed by a linked spam at comments 19 and 20. Hopefully that junk will be removed once somebody gets out of bed. 😉

    [Done. –Stashiu]

    John Hitchcock (9e8ad9)

  21. Deemed as past it’s use-by date: Every last lying crap-weasel that voted “Aye” on this measure.

    Icy Texan (b52c23)

  22. I’d very much like to deem the entirety of the Democratic congress into the brig for a nice long stay at tax payers expense. I think it would be infinitely cheaper for us and our children to just keep them locked up, in comfort – no harm intended – for the rest of their lives than it is to allow them to continue their burn through the Republic.

    Vivian Louise (643333)

  23. 7.How’s that Obama “most transparent ever” thing working out?

    Depending on one’s perspective, pretty good I’d say. It’s very clear they are a bunch of arrogant, condescending, dishonest, America-as-it-was-intended-and-has-been haters who intend to punish it and its people.

    MD in Philly (3d3f72)

  24. We are in deep kim-chee.

    PatriotRider (8d9a6f)

  25. Utter refusal to do their job. That’s the historic change Democrats give us.

    SPQR (26be8b)

  26. I wonder what Obama plans for 2012 when his approval ratings are less than 30% ? I just see this guy and his henchmen giving up easily.

    Mike K (82f374)

  27. Wait a second here.

    The “budget enforcement resolution” Democrats are substituting for a traditional budget resolution sets discretionary spending for 2011 at $1.12 trillion, about $7 billion less than Obama’s proposal and $3 billion less than a Senate Democratic plan.

    This makes no sense. “$1.12 trillion”, written with only two decimal places, could mean anything from $1,115 billion to $1,125 billion. You can’t meaningfully compare a figure like “$1.12 trillion” to values in the single-digit billions. It’d be like buying a pound of beef and complaining that it’s 0.04 ounces short.

    Voice of Reason (5859ec)

  28. Beck said, “Congress is becoming irrelevant“, and this is just more proof. In Maryland we have the most useless Congressional members ever. If it means spending more taxpayer money, Hoyer, Cardin, and mikulski will vote for it. If it means open borders, Cap and Trade, or changing the name of a Post Office they will vote for it. Come November Maryland vote these Freedom haters out. I know I will.

    Lew (10c862)

  29. “The economy is headed in the right direction,”

    – President Barack Magoo on June 30, 2010

    GeneralMalaise (9cf017)

  30. The actual number is obviously not going to be accurate. That’s part of the point. They can spend money now because something from the House has opened up an extremely unaccountable avenue. The actual number that they spend for the FY2011 will be a lot more. The ‘They cut 5 billion on this and that’ crap is insultingly stupid propaganda.

    Dustin (b54cdc)

  31. Must be GWB’s fault.

    Just remember that when you hold the current occupant of the White House in low-esteem, you unfortunately have to extend that derision or disdain to many of your fellow citizens.

    One symptom of a Banana Republic is when a large percentage of its populace is foolish, naive and sloppily liberal—or, uh, make that “lefty” or “progressive.”

    I’ve often used the phrase “Banana Republic” in relation to the United States, but in a semi-serious manner. But if upcoming decades continue to see an ongoing demographic transformation throughout America — meaning, for example, if this society can’t come to Mexico, Mexico will come to this society — worldwide Islamization/Third-Worldism and a good dose of Euro-Socialism transferred across the Atlantic, then I’d conclude that a lot of skepticism about America’s prospects may actually be appropriate and sensible. IOW, “Banana Republic Syndrome” truly may be in the cards for a nation born over 200 years ago on July 4th.

    I hate to think the phrase “all good things must come to an end” will be somehow clairvoyant or fitting on tomorrow’s date., 7-2-10:

    Recent surveys suggest Obama isn’t the only one holding the Bush administration and Republicans culpable.

    Though the Democrats controlled Congress in the last two years of the Bush administration and have controlled both the White House and Congress for a year and a half — 41 percent of people surveyed in a recent CNN/Opinion Research Corp. poll said Republicans are responsible for the current economic problems. Twenty-eight percent blamed Democrats, and 26 percent said both parties share responsibility.

    According to a Washington Post/ABC poll conducted in April, 59 percent blamed Bush for the economy, compared with 25 percent who said Obama is at fault.

    Mark (411533)

  32. On the weekend of the 4th of July, Congress (democrats) trample on the Constitution once again.

    Lila (dba388)

  33. The US govt has been out of control since Sep 2008. TARP was the camel’s nose, and now the whole smelly dromedary is standing in the tent. It’s so nuts, I think it’s hopeless now. I’ll vote GOP as usual, but I don’t expect anything to change.

    gp (c70d65)

  34. Lila, that was deliberate. I guess you probably already know this.

    It’s been almost a tradition now that something very ugly happens on the Friday before a weekend like this. Late Friday night, a few boneheads like me are flipping out, but most people are enjoying their families as their country is stolen from them. They shouldn’t have to pay attention late Friday night. This kind of massive change should be done such that the people are well aware of it.

    Dustin (b54cdc)

  35. so if Michael Steele’s feckless Team R manages to retake the House it’ll be up to the Boehnerhomos to write a budget? They kinda need to start with baby steps I think like not pissing themselves. I wonder if they’ll remember monies for Afghanistan.

    happyfeet (19c1da)

  36. How about we start by lopping off all of Obowma’s stupid spending?

    We now understand what it means to be too big … All you have to do is look at the Keystone Cops insanity in the Gulf.

    bill-tb (541ea9)

  37. bill, the House just gave Obama’s commission the power to set the budget.

    And perhaps they will just keep on doing that years after the House tells them to stop.

    And then some ‘level headed’ Republicans will step in to make a deal with the devil and avert an ‘ugly’ battle. Perhaps we can butch them up by calling them a gang again.

    Dustin (b54cdc)

  38. …but most people are enjoying their families as their country is stolen from them. They shouldn’t have to pay attention late Friday night.

    Comment by Dustin — 7/3/2010 @ 9:23 am

    Unfortunately, Dustin, we’ve known we do have to pay attention 24/7 for quite some time now. And still, most won’t.

    Matador (5db43f)

  39. Faith, people, this is a country of Faith!

    I’m going to go make a red, white, and blue cake for tomorrow. (Strawberry syrup and blueberry syrup in a white cake, with whipped cream frosting.)

    Impeach the lot of them, every single one who voted for this (or signed it.)

    htom (412a17)

  40. Faith…
    I entrust my soul to God, but my life to John Moses Browning!

    AD - RtR/OS! (712fff)

  41. to deem/ or not to deem
    surely that is the question…

    pdbuttons (bbdd05)

  42. dhimmacrats deemacrats
    u say tomatoe
    i say tomato

    pdbuttons (bbdd05)

  43. good morning Mr. buttons Happy America to you

    happyfeet (19c1da)

  44. Budgets are for show – irrelevant buffoonery. Appropriations are the law.

    This is an inside baseball explanation. If you don’t care, skip the next three paragraphs.

    I have successfully supported earmarks for the military to buy things from my company, so I understand the process.

    The President’s budget contains many wish list items he knows have no chance of being funded. However, if your project is not in the budget, it will not be funded. The House and Senate have separate budgets, so you have two ways in. If the House gives you $1M and the Senate budgets $2M, it goes to conference and you will usually get something in the middle. The real game is in Approps!

    If you get something over zero out of the budget conference, you’re still in the hunt. The two appropriations committees are also independent. Same rules apply. When they go to conference, that’s what you get.

    Bottom line: The next Congress will decide on Obama’s spending. If conservatives control the house or the senate, Obama’s agenda is dead. If not, we are dead.

    arch (24f4f2)

  45. “…If the House gives you $1M and the Senate budgets $2M, it goes to conference…”
    and not infrequently, the final number is beyone $2MM, well beyond sometimes – but, Jack Murtha isn’t around anymore.

    AD - RtR/OS! (712fff)

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