If a Senator or Representative votes in favor of legislation that violates provisions of the Constitution and/or the Bill of Rights, has that individual committed a crime and should they be punished or removed from office?
Please post your comments in the section below.
Without a doubt!!!
Concerning violation of "Oath of Office" in georgia...
O.C.G.A. 16-10-1 (2010)
16-10-1. Violation of oath by public officer
Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
Carl, it's good to know Georgia takes moral obligations seriously. In Florida, the Constitution is 'just a piece of paper', according to FL State Senator Charlie Dean. He takes his oath to the United States Government to be his overriding commitment. I think betrayal of the public trust would best be dissuaded by public executions. But will they put me in charge? Nooooo!
Okay, you found it. Now try to find any cases where anyone was convicted of it.
Whether or not prosecution of this law has ever been done isn't at all relevant and here's why...
A large and ever growing number of We the People have had it up to their/our/my hairline with the wordsmithing games. With the law on the books, in clearly understood English, it is merely up to the people to bypass Prosecutorial discretion in favor of direct action to enforce the law. What your going to begin to witness is a new stage of involvement in the process by the newly informed citizenry wherein they re-assert their God given rights, written into the Declaration of Independence, to "alter or abolish" that which is found to be repugnant. The way Attorneys have created their niche in the judiciary and for all intents and purposes, taken it over, is in itself repugnant. The Union card Attorneys carry around that they refer to as a license to practice law is being more closely scrutinized these days since common law has been thrown on the shelf (referred to as antiquated by the act that created the rules of criminal proceedure) by that profession in favor of Statutory, Administrative and Admiralty law. Civil proceedure is another matter for another thread.
However many decide to use the actions of the recently formed Patrick Henry Board of Review as a template to be repeated in their County will determine just how fast we can turn this judicial control mechanism around and return this Nation to its path of insuring the peace, liberty and adherence to our unalienable and unnegiotiable God given rights.
No longer will we allow that which we gave birth to, assume a superior role to its creators. Just because the United States, you know, the entity that has jurisdiction in only the federal zone, has assumed power means little, if anything to those now fully awake. Just because those assumed powers allowed the United States to build this leviathan called the Federal government doesn't mean that beast can't or won't be tamed or be brought back into compliance. It most definitely will be and along with that shift of powers will come the final realization that Jefferson was spot on when he said "The cost of liberty is eternal vigilance". My bad, didn't take that seriously until recently. But now that I have and now that a growing number are following that path, don't be surprised when you read about this Politician or that Public service employee being brought to task for violations of the Public trust.
Well wishes on your effort to be Senator. Just hope you give consideration to what I've just said as a new day dawns in the land of the free and home of the brave. The battle of Athens TN in 1946 has every chance of erupting in your jurisdiction at any time now so, exhibit a submissive heart when dealing with your constituants after your victory and there will be nothing to fear. Displaying a haughty attitude, on the other hand, will be met with resitance unlike anything your predecessors will have ever seen.
If you achieve the goal of being Senator, remind yourself, on a daily basis, any law repugnant to the Constitution is no law at all. let that seer into your brain when dealing with laws currently enacted and those that will be proposed. In the mean time, those of us in the trenches of local political action will demonstrate how the pyramid of power truly works as we go forth and mulitply our numbers lead by example, walking the walk of liberty, glorifying successful prosecution of Public Service trust violations, rebuilding a solid Constitutional footing with our power base starting with the Sheriffs' and bringing the court system back to the service of the people as opposed to being in the service of Attorneys.
You would do well to remember how the pyramid of power is and was designed so, in case you forgot, here's a refresher...
on top, God, who created
Man, who created
Local government, which created
State government which then created
the Federal government.
Yes indeed, the renaissance of the American spirit has just begun. Where it leads only God can know. All you need be concerned with is that God remains on top, in control and is leading us.
Carl, to whom are you addressing your post? I can't find anyone running for Senator. In any case, it's an excellent response. Would you mind if I copy it and send it out to my Patriot list? I'll make sure you get credit, and I'll use it to reference (and promote) our OAS project.
Between you and Jon, I'll soon have my Master's Degree in Practical Law!
I'm a candidate for the U.S. Senate. But if you actually bother to read my legislative agenda http://jonroland.net/proposed_bills you will see it is out of line to try to lecture me about constitutional compliance. Take that to other candidates.
Jon, I don't know to whom you are addressing your reply, but I went to your website and learned you are from Texas. Under the Obama/Chicago free voting conventions, and in spite of the fact I am a Florida resident, I promise to vote for you at least a hundred times.
Also, I would never challenge your Constitutional credentials. I am reviewing your Agenda and may have some questions. Thanks for the update.
Have at it.
The Constitution defines "treason" to only be "making war" or providing "aid and comfort" to (declared) enemies, and requires that Congress define who enemies are in declarations of war or letters of marque and reprisal that only it can issue. That definition of "treason" does not include most of the actions to which discussants here are objecting. At most you have perjury of oath, but so far only one state has been found where that is a crime, and so far there is no evidence presented here that anyone has been able to get it enforced.
People here should stop making empty demands for other people to do something they won't do, or threatening to do things that they can't do. Always ask "What can I do now with the resources I've got now?"