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WASHINGTON - With no fanfare, the U.S. House has passed a controversial doomsday
provision that would allow a handful of lawmakers to run Congress if a terrorist
attack or major disaster killed or incapacitated large numbers of congressmen.
``I think (the new rule) is terrible in a whole host of ways - first, I think
it's unconstitutional,'' said Norm Ornstein, a counselor to the independent
Continuity of Government Commission, a bipartisan panel created to study the
issue. ``It's a very foolish thing to do, I believe, and the way in which it
was done was more foolish.''
But supporters say the rule provides a stopgap measure to allow the government
to continue functioning at a time of national crisis.
GOP House leaders pushed the provision as part of a larger rules package that
drew attention instead for its proposed ethics changes, most of which were dropped.
Usually, 218 lawmakers - a majority of the 435 members of Congress - are required
to conduct House business, such as passing laws or declaring war.
But under the new rule, a majority of living congressmen no longer will be needed
to do business under ``catastrophic circumstances.''
Instead, a majority of the congressmen able to show up at the House would be
enough to conduct business, conceivably a dozen lawmakers or less.
The House speaker would announce the number after a report by the House Sergeant
at Arms. Any lawmaker unable to make it to the chamber would effectively not
be counted as a congressman.
The circumstances include ``natural disaster, attack, contagion or similar calamity
rendering Representatives incapable of attending the proceedings of the House.''
The House could be run by a small number of lawmakers for months, because House
vacancies must be filled by special elections. Governors can make temporary
appointments to the Senate.
Rep. Brian Baird (D-Wash.), one of few lawmakers active on the issue, argued
the rule change contradicts the U.S. Constitution, which states that ``a majority
of each (House) shall constitute a quorum to do business.
``Changing what constitutes a quorum in this way would allow less than a dozen
lawmakers to declare war on another nation,'' Baird said.
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