The upcoming election could raise an intriguing possibility. Say the Republicans take the House but the Democrats retain control of the Senate. Could a lame duck Democratic House pass bills that would later be taken up and voted on in the Senate?
This scenario was raised Seth Barrett Tillman back when the Democrats appeared ready to retake Congress during the Bush administration. Seth Barrett Tillman, Noncontemporaneous Lawmaking: Can the 110th Senate Enact a Bill Passed by the 109th House?, 16 Cornell J.L. & Pub. Pol’y 331 (2007).
