Are the GOP's Budget Theatrics Unconstitutional?

The theatrics continue on the Hill this afternoon as the House votes on the ‘Government Shutdown Prevention Act’.  The Act would automatically pass House Rule 1 – the Republican’s full year continuing resolution act – into law if the Senate fails to pass a continuing resolution that would fund government for the rest of the year before April 6.

In other words, if the Senate doesn’t pass a continuing resolution that lasts the rest of the year before April 6, the House Republican continuing resolution becomes law.

The Democrat-controlled Senate is not going to pass the ‘Government Shutdown Prevention Act’, which would shackle them unnecessarily to the Republican plan and timeline. This is not even mentioning that President Obama would have to sign this bill. This makes the bill entirely symbolic.

There’s also an ironic aspect to this act for the constitutionally-oriented Republicans backing this bill: it may be unconstitutional, as it mandates lawmakers not be paid during a government shutdown.

The 27^th amendment reads:

“No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

A whole host of Republican freshmen are co-sponsoring this Act, and Majority Leader Rep. Eric Cantor spoke on the House Floor this morning to support the measure.

One House aide informs FrumForum that Republican leadership has recommended Representatives vote ‘yea’ on the measure.

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