Omnibus Consolidated Appropriations Act of 2022 (H.R. 2471)

Any bill of 4,155 pages, should never be passed - part 2

from The Gray Area:
Earlier this week I wrote a post about the Omnibus bill that had been unveiled in the House, titled 'Any bill of 4,155 pages, should never be passed!' That post includes some details about what is included in the bill. This post is, part 2. The humongous bill was passed by the House yesterday and sent to Biden for signature. It is a very bad bill for all the reasons listed in part 1, and those articulated by Rand Paul. To summarize, there are 3 major issues with this bill.
  1.  Unnecessary spending
  2. Confounding border security spending for other countries, but none ours.
    • It is beyond stupid, bordering on evil, to ignore such an obvious need. Because of this ignorance, it sends a message to the country that the Biden Administration has a dangerous agenda for this country.
  3. Dangerous changes to our election laws that threaten to remove state responsibilities for national elections.
    • This is the most threatening bolt on to the Omnibus bill.

Legislation to reform the Electoral Count Act of 1887, which is the law governing how Congress counts electoral votes following a presidential election, has been attached to Congress’ lame-duck spending bill. In September, the proposed ECA reform was amended in a Senate committee to include provisions desired by Democrat campaign lawyer Mark Elias.Importantly, Elias’ changes override the rights granted to states by the Constitution (via the Electoral College) to have the final say over who is elected president, with overrides from both the federal government (e.g., dictating who in a state has to certify an election) and by finalizing judicial supremacy in this process.

Former Virginia Attorney General Ken Cuccinelli issued the following statement: “For the last two years, Republicans have rejected Democrat attempts to override and rig state election laws for partisan gain, but now Republicans in the Senate appear willing to let the Democrats’ latest attempt slide. The legislation is fundamentally flawed because the Constitution explicitly makes clear that states determine the outcome of presidential elections, unfortunately, this latest re-write strips states and their duly elected officials of their rights in an act of unprecedented judicial supremacy.

“It’s unfortunate that Republicans didn’t confront this scheme in committee. We applaud Sen. Cruz for standing behind free and fair elections with his opposition to the amended bill. We urge lawmakers to preserve the rights of states to certify their own electors and to reject Democrats’ attempt to buoy their failed federal takeover to elections.”

The managers’ amendment, with Elias’ desired changes, stipulates that a governor’s certification is not conclusive and can be overridden by changes made by a court, stating “Any certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section.”

I hope there is a way to get constitutional judicial review of this section of the Omnibus. Of the nine Republicans who voted for this bill, only two will be in Congress 2023-24.  This voting record does not bode well for the 2023, very slim majority, Republican Congress. It also says something about the bill, when congressmen leaving decided to vote for it.
  1. Fred Upton of Michigan,
  2. Liz Cheney of Wyoming,
  3. Adam Kinzinger and Rodney Davis of Illinois,
  4. Chris Jacobs and John Katko of New York,
  5. Brian Fitzpatrick of Pennsylvania,
  6. Jaime Herrera Butler of Washington State, and
  7. Steve Womack of Arkansas.
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