Guest Blogger: LSU Law Professor John Baker on Congress’ Reading Problem

John Baker / December 18, 2009

Just the other day, Senator Richard Durbin (D-IL) objected to Senator Tom Coburn’s (R-OK) move to force the reading of Bernie Sander’s (I–VT) 767-page amendment (thankfully defeated) to create a single-payer, Medicare-for-all health care system. Republicans plan to force a reading of the final (as yet un-released) Reid health care legislation currently being debated in the Senate, a move Democrats will assuredly try to block.

When ordinary Americans sign their tax forms and thereby fund the federal government, they declare under penalties of perjury that they have read the document. Shouldn’t members of Congress at least have to read the bills they vote for to spend our money? On November 20, the Senate had a vote on cloture – the definitive vote on the health care bill– only 3 days after the bill was unveiled. Senators could not possibly have read the bill. Once again the Senate is preparing to vote on a new version of the bill the contents of which are being with-held from many, if not most, senators. In all likelihood, senators will soon be asked once again to vote on a bill that they will not have time to read. The process has shocked many Americans. Shocked Americans, however, are simply seeing the routine practice of Congress: voting, without reading. Frustrated, what can ordinary Americans do? States could define the crime of malfeasance in office to include the failure of a legislator – federal or state – to vote for legislation without reading it. (more…)