Why the stimulus bill is unconstitutional -- chicagotribune.com: "Because some governors might not accept the money, Congress added a unique provision, in subsection 1607(b): 'If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.'
If state law does not give the state legislature the right to bypass the governor, how can Congress just change that law? Where does Congress get the power to change a state constitution?"
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Ronald Rotunda is a law professor. I think his argument makes sense. This is what happens when Congress passes a huge bill without reading it, I guess.
1 comment:
They've been talking about this issue over at the Volokh Conspiracy, too. http://volokh.com/archives/archive_2009_03_15-2009_03_21.shtml#1237133250
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