Warm Southern Breeze

"… there is no such thing as nothing."

House GOP Freshmen Miss Oath, Violate Constitution by Voting

Posted by Warm Southern Breeze on Friday, January 7, 2011

What is it with Republicans and oaths? Apparently, they can’t figure it out. Even the arrogant Chief Justice John Roberts couldn’t get the Oath of Office for the Presidency down pat, and screwed up the swearing in of President Obama on Inauguration Day. What a F*ing IDIOT!

Hey… it’s Constitutional if we say it is!

Arrogant Republican Bastards Whoring for Dollars

Yesterday Republicans had to stop business in the House of Representative after it was discovered two of their members had cast votes without taking the oath of office. Representatives Mike Fitzpatrick R-PA and Pete Sessions R-TX both were gone at a fundraising event while the oath of office was administered.

via GOP declares their own actions retroactively Constitutional to clean up mess – National Political Buzz | Examiner.com.

January 7th, 2011 12:48 pm ET

Yesterday Republicans had to stop business in the House of Representative after it was discovered two of their members had cast votes without taking the oath of office.  Representatives Mike Fitzpatrick (R-PA) and Pete Sessions (R-TX) both were gone at a fundraising event while the oath of office was administered.  Both subsequently voted and took on the duties of their office.  Technically, that made all of those votes unconstitutional since Article VI requires,

“Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation,”

Today Republicans have been trying to find a way to backtrack and clean up their mess.  One way to do so would have been through a unanimous consent decree.  However, such a decree, by definition, would have required the consent of every Democrat in the House.  The Democrats have withheld their consent.  As a result the Republicans now are trying to pass a motion which will retroactively declare the actions of their own member Constitutional.

According to Talking Points Memo, Rep. David Dreir (R-CA) is now crafting language to be voted on by the House.  The final language will then be voted on by the full House, and is likely to pass given the Republican majority there.  The rule will nullify the votes of Sessions and Fitzpatrick, but also retroactively declare the actions Constitutional.

Update: The Republicans have now passed Dreir’s resolution.

The Republicans’ actions are sure to draw more criticism for liberals.  Anyone who has taken Civics 101 knows that it is the judicial branch which normally declares actions constitutional or unconstitutional.  Over the past two years the GOP has claimed that the Democrats ignored the limits of the Constitution.  Now, in their first 48 hours in power, the Republicans are taking an “unprecedented” move to declare their own actions Constitutional.

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