But, in short, the germaneness
question may be modified
at 19 ("Proposed amendments were not new to debt limit legislation; the difference was in their germaneness
to the issue.").
(26) The germaneness
concept is stricter than relevancy and reflects a complex set of criteria that the House has developed by precedent over the years.
(137) For purposes of this Comment, I assume that the second portion of the test, requiring germaneness
to the organization's purpose, is not at issue.
There is, of course, no private law conception of germaneness
with respect to the terms of a contract, for the entire purpose of an agreement is to get the parties to decide what they choose to surrender (from their own assets) and what they hope to receive from the assets of another.
The Supreme Court has never actually held (so far) any spending condition unconstitutional for lack of germaneness
(Engdahl 1994, 62).
1 (forthcoming 2001) (arguing that the rules of germaneness
and proportionality that emerge from Nollan and Dolan respectively are really prophylactic rules designed to enforce the right not to be coerced into waiving one's Fifth Amendment right to just compensation for a taking); Brian K.
The 1974 act statutorily established rules for the budget resolution that prevented filibustering and enforced a germaneness
requirement for floor amendments--unless sixty votes can be garnered for them, they must be waived.
In Weiss, the Court examined closely the specific duties of military judges and the general responsibilities of military and naval officers and concluded that they are so intertwined that the selection by the Judges Advocate General of certain military and naval officers to serve for a time as military judges is consistent with the germaneness
The amici were frustrated that the court did not take the opportunity to enforce the clause and adopt a more stringent standard for testing violations than the germaneness
364, 400 (1984); see also Renee Lettow Lerner, Unconstitutional Conditions, Germaneness
, and Institutional Review Boards, 101 Nw.
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.