Although the Court's rationale makes mention of a germaneness
requirement, the Court did not explain how a corporate tax could, in fact, be germane to an inheritance tax.
a finding that may very well be part of germaneness
Applying this germaneness
requirement approach to RLUIPA brings the validity of the act's current conditions into question because they do not specify how the federal funds are to be spent.
Thomas: On germaneness
of debate, if the Senate is proceeding under cloture, debate must be germane.
179) Thus, without defining the outer bound of the germaneness
requirement, the Court concluded that the drinking age was sufficiently related to interstate travel to be within the congressional spending power.
All the same, the court, in resolving a ponderous single-subject challenge, examined the disparate subjects encompassed in the measure with critical attention to principles of germaneness
and an assumed "interlock" of the provisions into a functional entity related to a common theme or purpose.
2d at 55-56 (indicating that the germaneness
prong of the Hunt test should not "unduly confine occasions on which associations may bring legal actions on behalf of members").
The Senate has passed an amendment on an unrelated bill to limit the Superfund liability of cities that are transporters and generators of toxic waste, but that amendment faces germaneness
questions in the House.
For example, the new edition deletes a provision that the question of germaneness
of an amendment is to be decided by the body and not by the presiding officer.
285) Several legislative bodies adopted rules that implicitly reflected the germaneness
First, the purported malfunction of the legislative process, for instance the Senate's failure to follow its own hypothetical germaneness
requirement, need not represent a failure of the political process.
22) Senators also had the right to introduce unlimited numbers of amendments, and there was no germaneness
rule for either debate or amendments.
In other unconstitutional conditions cases, however, the analysis is made explicit in the form of a nexus or germaneness
jurisdictions with single-subject or other germaneness
HOUSE COMMITTEE ON RULES, GERMANENESS
, available at http://democrats.