the Court in Wyman may not satisfy the germaneness
(The court reasoned that the germaneness
requirement of Shoemaker would be satisfied because OTS was absorbing the duties of the old board as well as acquiring other, related ones.) 732 F.
For instance, a germaneness
requirement allows the House to serve as gatekeeper for any legislative changes, as well as to define the boundaries of such change.
(134.) Id.; see also, e.g., Renee Lettow Lerner, Unconstitutional Conditions, Germaneness
, and Institutional Review Boards, 101 Nw.
(160) To accommodate these conclusions, however, Berman must retreat to what is essentially a germaneness
analysis: a funding condition is not coercive, even if it seeks to influence state behavior, if it is justified by "whatever national interests explain[ed] Congress's willingness to extend the offer" of federal funds in the first place.
Although a complete discussion of the germaneness
doctrine is not provided in this Comment, additional explanation can be found in David Cole, Beyond Unconstitutional Conditions: Charting Spheres of Neutrality in Government-Funded Speech, 67 N.Y.U.
(45) This type of restrictive "germaneness
" requirement would clearly rule out most attempts to aggregate over scope--certainly the polluting factory would have a hard time offsetting economic benefits against pollution harms.
Therefore, the defense of germaneness
is not available.
(57) This, then, is the true meaning of the "germaneness
" test: that the legislature has, by necessity, taken the asserted right off the table in order to implement the desired collective enterprise.
8315, which authorized the Secretary of the Army to lease land to certain Missouri schools.(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.(109) Senator Johnson had chosen carefully: The bill was a useful vehicle not only to avoid Senator Eastland's Judiciary Committee and get a civil rights bill onto the Senate floor, but also to minimize later stonewalling in the House of Representatives because the House had already passed it.(110) Southern Senators were outraged by Senator Johnson's move; Senator Richard B.
(45) Unless a special rule waives the relevant points of order, a reconciliation measure and amendments thereto are subject to the Standing Rules of the House, such as the germaneness
requirement under clause 7 of Rule XVI.
asserted the defense of germaneness
, (398) Byrd interjected with a point