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Providing for Consideration of H.R. 1473, Department of Defense and Full-Year Continuing Appropriations Act, 2011; Providing for Consideration of H. Con. Res. 35, Correcting the Enrollment of H.R. 1473; And Providing for Consideration of H. Con. Res. 36,

Location: Washington, DC


Mr. WEINER. Madam Speaker, I rise to a point of order against consideration of H. Res. 218.

The SPEAKER pro tempore. The gentleman will state his point of order.

Mr. WEINER. Madam Speaker, I object to consideration of this rule because the rule in its final language says that the Clerk shall hold the enrollment of this bill until the Senate considers bills to defund health care reform and considers a bill to defund Planned Parenthood.

As such, it violates the rules of the House which require that anything passed by this House be filed forthwith. And with your permission, I will read that section:

``The Clerk shall examine all bills, amendments, and joint resolutions after passage by the House and, in cooperation with the Senate, examine all bills and joint resolutions that have passed both Houses to see that they are correctly enrolled and forthwith present those bills and joint resolutions that originated in the House to the President in person after their signature by the Speaker and the President of the Senate, and report to the House the fact and date of their presentment.''

In fact, what this rule does is it says that after this is passed, it shall not be sent to the Senate, shall not be sent to the President until the other body, the Senate, takes an action, considers these two things which already have been considered here.

This is clearly a violation of the rules and a very dangerous violation of the Constitution as well, because we believe in this House that our actions, once taken, trigger an action in the other body or by the President.

If we are to say that bills, when passed by this body, are held in spaces at the desk by an officer of this institution, a non-elected officer of this institution, we are, in fact, violating this rule.

It is very important, Madam Speaker, that you rule that this rule needs to be sent back and cleansed of that language, or else we are, in effect, saying the passage of an act here shall be contingent upon the consideration of something in the Senate. That is a dangerous precedent, violates the laws, and violates the Constitution of the United States.

I ask for your ruling.


Mr. WEINER. Madam Speaker, a point of parliamentary inquiry.

The SPEAKER pro tempore. The gentleman shall state it.

Mr. WEINER. Am I to understand this rule correctly that under the rule we are about to consider, if the House of Representatives approves the continuing resolution, that bill, despite the fact that the government is going to cease operating unless it passes, could theoretically sit at the desk, never to be sent to the President, never to be sent to the Senate ad infinitum if the Senate fails to take a specific action?


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