Analysis: If courts follow Constitution, Biden’s $1.7 trillion spending plan is dead


An analysis of a new lawsuit by the Texas attorney general over Joe Biden’s massive $1.7 trillion spending spree, “adopted” by Congress just months ago, shows that if America’s federal judiciary does its “constitutional duty,” the bill is dead.

The Daily Caller News Foundation earlier reported on the lawsuit by Ken Paxton against Biden for putting his signature on the Consolidated Appropriations Act of 2023 bill.

It’s because the bill was signed after being adopted in a vote in the House which didn’t even have a majority of the members present.

The Constitution’s only options for the House when there is no majority would be to “adjourn from day to day” or “compel the attendance of absent members.”

It charges the Biden signature “was nullity” because the spending spree never actually was adopted by the House.

Now an analysis by Margot Cleveland, the senior legal correspondent at the Federalist, points out that the law is clear, the evidence is there, the circumstances are uncontested, and if the judiciary does its “constitutional duty,” the law will be ruled void.

Cleveland also is a contributor to National Review Online, the Washington Examiner, Aleteia, and, and has been published in the Wall Street Journal and USA Today. She’s a graduate of the Notre Dame Law School, where she earned the Hoynes Prize – the law school’s highest honor. She spent years as a law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals.

She noted if the courts agree with the complaint, Biden’s “spending spree” is dead.

WND is now on Trump’s Truth Social! Follow us @WNDNews

Paxton’s complaint, she said, “makes a seemingly unassailable case that the House of Representatives lacked the constitutionally mandated quorum to pass the appropriations act. Nonetheless, the enormity of a court striking an omnibus spending bill may leave the judicial branch shrinking from its constitutional duty.”

The vote that was invalid, she said, was when the House voted to approve changes to the bill made by the Senate. “Only 201 of the representatives were present. Nonetheless, the House proceeded with the vote. But it didn’t just count the votes of the present members. It added to the tally an extra 226 votes, cast by present House lawmakers on behalf of absent ones who had appointed them ‘proxies,’” she said.

But the Constitution actually only allows: “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.”

She explained Paxton charges, “It would make little sense for the Constitution to expressly say that if a quorum were lacking, the House was ‘authorized to compel the attendance of absent members.”

“Proxy” voting was allowed by ex-House Speaker Nancy Pelosi during COVID for health reasons.

Cleveland continued:

During the Yellow Fever epidemic, Thomas Jefferson urged President Washington to keep Congress sitting in Philadelphia, then the capital, even if it meant meeting ‘in the open f[ie]lds.’ … [I]n the aftermath of that epidemic, the Third Congress enacted a law — still in force today — stating that ‘[w]henever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government,’ the President could ‘convene Congress at such other place as he may judge proper.’

There would be no reason to meet “in open fields” or to “convene Congress at such other place as he may judge proper” if the House and Senate could instead opt for proxy voting without the attendance of elected officials. As the Texas lawsuit stresses, through the Civil War, the Spanish flu pandemic, the Cold War, and the 9/11 terrorist attacks, Congress met in person while preparing to conduct business in the event of extraordinary circumstances, such as “in a secret congressional bunker hidden in West Virginia” in the case of a nuclear attack on the Capitol.

She noted, “The Constitution is the Constitution — whether the questions that arise deal with the free exercise of religion, freedom of speech, the right to keep and bear arms, or more mundane matters such as the quorum clause. Whether courts will see it that way, however, remains to be seen, with district court Judge James Hendrix — a Trump appointee, who was first nominated by Barack Obama — put to the test first.”

EDITOR’S NOTE: Long the world’s most Christian nation, America today is being taken over by a new “official” national religion, one being imposed on the entire populace by every major societal institution, from government, media and big tech, to academia, entertainment and business.

This new state religion is Wokeism. “Going woke” conjures up visions of someone claiming to be acutely sensitive (“awake”) to “systemic social and political injustice.” And not just alleged bigotry against blacks, but toward every other “minority” as well, from LGBT folk – especially everything transgender and “nonbinary” – to “undocumented immigrants.” All of them, being VICTIMS, intrinsically more virtuous than the shameful oppressor class: primarily heterosexual white males.

This new “woke” consciousness has turned America upside-down – from the nationwide Antifa and Black Lives Matter riots in 2020, to tearing down of historic monuments, to demanding multi-million-dollar reparation payments for blacks, to appointing transgenders as top government officials, to rampant reverse discrimination in every area of life, to the U.S. military imposing mandatory “diversity training” and transgender pronoun use on all personnel, causing recruitment to disastrously plummet.

Yet there is hope. Being “saved” – which in Wokeism is called being “woke” – is largely a matter of worshipping victimhood by becoming an “ally” and “defender” of all the many victim classes, and a determined enemy of the straight white male oppressor class. Thus, “joining the righteous” as an ally – even if one is cursed to be a straight white male – opens the door mercifully for salvation, even to the most wretched.

That is the power of the religion of Wokeism. And it’s explored as never before in the February 2023 issue of WND’s critically acclaimed monthly Whistleblower magazine. If you’ve ever wondered, for example, exactly how the most radical elements in American society are successfully pressuring the biggest corporations into adopting the most outrageous and immoral policies imaginable, even when doing so permanently damages and devalues the company, the stunning answers are in this issue of Whistleblower, titled “WOKEISM: AMERICA’S OFFICIAL STATE RELIGION.”

For 25 years, WND has boldly brought you the news that really matters. If you appreciate our Christian journalists and their uniquely truthful reporting and analysis, please help us by becoming a WND Insider!

Content created by the WND News Center is available for re-publication without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact

This article was originally published by the WND News Center.

Spread the word:
Email Newsletter

Sign Up for our Newsletter

Enter your best address below to receive the latest cartoons and breaking news in your email inbox:
Please wait...
You are successfully subscribed!
There was an error with subscription attempt.

Content created by the WND News Center is available for re-publication without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact