This vote was on whether to continue considering the fiscal 2010 legislative branch spending bill, even though Tom Coburn, R-Okla., suggested that it violates the constitution.  Specifically, Coburn made a motion suggesting that a provision in the bill that would allocate $200,000 to the Durham Museum in Omaha, Nebraska, violates the section of the Constitution that outlines the powers of the U.S. Congress.  The bill itself would authorize money in operating expenses for the legislative branch in 2010.

There was no significant debate on the bill, and Coburn took no time explaining why he felt it violated the Constitution.  But just prior to Coburn’s motion, John McCain, R-Ariz., unsuccessfully offered an amendment that would have stripped funding for the museum, which he argued was wasteful and inappropriate to be included in a bill intended to fund the operations of Congress.  Ben Nelson, D-Neb., who primarily wrote the bill, said the funds are for preserving and digitizing the museum’s photo archive, and that it will be done in conjunction with the Library of Congress, which is under this bill’s purview.

By a vote of 70-23, the Senate adopted the motion to continue considering the bill despite Coburn’s suggestion that it violates the Constitution.  Every Democrat present voted to continue considering the bill . Of Republicans present, 15 voted to continue considering the bill and 23 voted against it.  The end result is that the Senate continued to debate the fiscal 2010 legislative branch spending bill.