Or does germaneness require a relationship to corporate tax integration?
Additionally, if the Court enforced a germaneness requirement, Congress would be incentivized to legislate in an inefficient fashion.
most significantly, the germaneness analysis under the unconstitutional
Sullivan, citing Robert Hale, explains the germaneness principle
There is a third interpretation of the germaneness
requirement, a middle ground between the loose connection, which would not provide a real limit on congressional spending power, and the very close connection advocated by O'Connor in her South Dakota dissent.
MASON'S MANUAL, supra note 1, at 272 (discussing the germaneness
requirement, and citing sources dating no earlier than the nineteenth century).
Under the Origination Clause, the Senate's power to "propose or concur with Amendments as on other Bills," fails to provide the Court with any workable standards as to determining germaneness
of an amendment or whether the amendment increases or diminishes revenues.
Courts either ignore the problem of transactional framing altogether or try to solve it with nexus and germaneness
requirements without bothering ever to explain why nearby government benefits should count but not benefits that happen to be just slightly further away.
Even jurisdictions with single-subject or other germaneness
requirements allow explicit linkages in budget bills which are viewed as single pieces of legislation.
66) Justices Scalia and Thomas concurred on the ground that germaneness
is the unavoidable key to such questions and that the majority had correctly determined that serving as a military judge is germane to being a military officer.
108) Johnson then took advantage of the Senate's lack of germaneness
rules and added to the bill an amendment encompassing the failed civil rights legislation of 1959.
asserted the defense of germaneness
, (398) Byrd interjected with a point