Mark Levin Wrong (but is Still Right)

Mark Levin is correct that Section 7 of Article I of the Federal Constitution states, "[e]very Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States..." Of course, section 1 states, "[a]ll legislative Powers herein granted shall be vested in a Congress of the United Sates..." In other words, under the constitution, only congress can make laws and the way they make them is by both houses passing a bill (that is, the same bill). Then the president has the power to approve or reject the bill before it becomes a law. Section 7 further provides for the presidential veto and congressional override of that veto. That is the part where the the statement is made that the name of each member voting must be entered on the journals of the respective houses: for the vote whether or not to override the presidential veto. Mark Levin is not correct when he says that the constitution requires the names to be entered on the journals for votes on all bills.

The names on the journal part is a minor point. The point is that the bill has to be passed by both houses, not deemed passed. Mark Levin is still 99.9% right all of the time. That puts him a little ahead of Rush Limbaugh.

With some exceptions, a roll call can be demanded by any member of the House or Senate on any vote. Apparently, with a large enough majority, this rule can be waive. During the first years of the FDR administration, there were large enough Democrat majorities to deny requests for roll calls. The result of that was that constituents could not find out how their congressional members voted. When the Republicans won more seats, they could and did demand that a roll be taken of every vote. Roosevelt's control over congress started to slip at that point.

When the final vote came to send Roosevelt's Judicial Bill adding more justices back to committee, a Republican Senator moved for a roll call vote. Republicans further demanded to know exactly with what instructions the Bill would be remanded to committee. The instructions were that it would not deal at all with the supreme court. The Republicans wanted to make sure the bill was good and dead and that everyone knew it. Burt Wheeler had refused to compromise, be bought out, or intimidated.


(For reference regarding the FDR era congress, see: "Will War in Europe Save Roosevelt?" by Fredrick L. Collins; Liberty magazine, November 11, 1939. Mr. Collins says, "He surrounded himself with erratic and inexperienced theorists." Sound familiar? )