Point of Law

Does Anyone want what Congress is planning to pass as Tax Cuts. Here is one analysis. I would advance a Rule of Closing, a technical term in Congress, the gist of which would state that the wishes of a previous Congress must be observed, unless a Two/Thirds majority Vote is taken by the current Congress to override the previous legislation. A previous Congress had stipulated that the Bush Tax Cuts should Sunset in 2011, and they should sunset without passage of the Rule of Closing overturning the Sunset. Those unfamiliar with the Rule of Closing should understand that it is a decision by the current Congress that the legislative power of a previous Congress should be ended on some specific Issue. Everyone in Washington has been silent about the Rule of Closing necessary, but I ask herein if any legislation without a Rule of Closing on this matter will be valid law.

People will think I am simply fighting to the bitter end–which I am. The truth, though, actually insists that they must have this Rule of Closing with its Two/Thirds majority. I am sure that even Democrats would like to shoot me at this point, as their lobbyists will be raising Hell. I am not one who cares, and herein inform the President that he might be acting unconstitutionally if he would sign such legislation into law. Obama might not of known of this Point of Law, but he should really consider that the legislation is bogus with or without his Signature, without that Rule of Closing. I would advise he throw the Issue to the Supreme Court, whose deliberations will be slow enough that the Bush Tax Cuts will Sunset on schedule.

The whole principle in question is not archaic, but a vital function of Congress which is being abused. The fact that a principle has not been used in a long time, or that it has been used inconsistently, does not validate its abuse. No American, and especially the greatest majority of American Taxpayers, want a continuation of bad Tax law which will do nothing to improve the economy. It is time We revised the entire Tax structure, not just continue bad practice. lgl