Just on the question of procedure, when this subcommittee reports a bill as non-votable, there's an appeal to the full committee. The committee, PROC, had witnesses appear before it when it was looking at bills in the past, so this is one thing. Also, with respect to criteria number one and criteria number two, criteria number one does not include the clearly unconstitutional point, but whether it is or is not within federal jurisdiction.
On October 18th, 2011. See this statement in context.