Due Process Due

by Don Boudreaux on July 30, 2004

in Law

I wonder how the due-process clause of the 5th Amendment to the United States Constitution applies to the way that modern “omnibus” spending bills are enacted.

Perhaps I’m a simpleton, but why is it not a violation of due process of law whenever such a gargantuan bill is enacted into “law” by legislators who do not read the entire bill?

Few members of Congress, I understand, read each of these humongus bills from beginning to end. Indeed, few members of Congress could read such things; these bills are too long and tedious. And yet, whenever any of these massive packages of words receives a majority vote of each house of Congress and then isn’t vetoed by the President, every word in the bill becomes “law” — despite the fact that no one (or at least not every member of Congress and the President who approved it ) read the bill from top to bottom.

Has anyone ever thought to challenge this method of making “law” as a violation of the due-process clause?

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