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Originally Posted by joeydb
I'm only saying that because it is also the Constitution that determines how the powers are divided among the branches and what limits are on those powers.
It is possible for the legislature to adopt rules or parliamentary procedure that would in itself be unconstitutional. The Supreme Court would have to be the one to rein that in because the legislative branch will not do that for itself.
Usually it's the Supreme Court through judicial review. The President ideally would not sign a bill into law when he thinks the procedure to get it to his desk was unconstitutional. That's not going to happen here.
The branches by design do keep an eye on each other with regard to the constitutionality of their actions.
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this is the incorrect assumption that leads to the wrong conclusion.
rules the legislative branch adopts to govern itself aren't subject to review by any other branch of government. a single senator recently stopped the senate in it's tracks for a week. no one that i'm aware of questioned the constitutionality of senate rules that allow this.
and for a good reason.
the constitutional crisis would occur when the judiciary inserted itself into the process of making laws instead of simply reviewing the law itself.