germane

germane

In politics, if you want to follow legislation that’s introduced both on the local and national levels, it’s important to understand the meaning of the term “germane.”

“Germane” is typically defined as “in close relationship, appropriate, relative or pertinent to.” In the case of legislation, it commonly refers to whether or not an amendment or rider to a bill needs to be relevant to the original bill or not, and there are a wide range of rules that govern this in federal and state jurisdictions.

The importance of understanding the term is described in Congressional Quarterly: “Why Understanding the Term ‘Germane’ Can Save You From Heartaches and Headaches.”

The article points out that “only 40 state constitutions require a bill to be ‘germane’ – that is, require a bill to address or contain only a single subject.” The lack of uniform rules about “germaneness” in state government means that life can get difficult for people in various industries who spend their time tracking legislation.

The article goes on: “if you’re tracking state legislation about real estate licensing, you can ignore bills about traffic safety, right?” Then, providing its own answer, “You could if lawmakers were always rationale and lawmaking were a rationale process. But that’s not our reality.”

In the U.S. Senate, the rules about germaneness can be described as follows, as taken from the Senate’s own PDF on the subject: “The Senate requires only that amendments be germane when they are offered (1) to general appropriations bills and budget measures, (2) under cloture, or (3) under certain unanimous consent agreements and certain statutes. Otherwise, Senators can offer amendments on any subject to any bill.”

Broadly speaking, the purpose of the germane rule is to prevent legislators from putting irrelevant or immaterial legislation into unrelated bills as an underhanded way of getting legislation passed.The rules in the U.S. House, as described here, are a bit different: “Clause 7 of rule XVI, called the “germaneness rule,” stands for the simple proposition that an amendment must address the same subject as the matter being amended. The germaneness rule was adopted by the House in 1789 and has remained the same since it was last changed in 1822. The purpose of the rule is to provide for the orderly consideration of amendments to bills and resolutions by requiring a relationship between the amendment and the matter being amended. The existence of this rule is one of the key procedural differences between the House and Senate.”

The word “germane” is also applicable not only to legislation, but to debate as well, with something called the “Pastore Rule,” which requires Senate floor debate to be germane during specific periods of a Senate workday.

In 2003, Roll Call described a violation of this rule: “As Byrd continued Friday to pound away at Bush on many fronts during consideration of the omnibus spending bill, McCain interrupted. McCain asserted that Byrd’s attack on the administration’s policy on North Korea was violating the ‘Pastore Rule,’ which stipulates that debate has to be germane to the matter at hand during the first three hours of debate on a bill.”