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JustinCharge

Is there a way for the other 2 branches to rein in a rogue House?

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We know about the legislature impeachment of the executive.  The legislature can also impeach a supreme court justice.  But what protections are in place for a rogue House and Senate that tries to overreach on its power?   I dont think there are any, are there?   I dont think the Supreme Court or President can legally remove House or Senate members, right?

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There is none. Hell, a united rogue house can ammend the constitution to whatever it likes.

The founders figured that 551 (I know it wasn't that number at the time) is pretty unlikely to be unified enough to go rogue. 

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1 hour ago, titans&bucs&bearsohmy! said:

There is none. Hell, a united rogue house can ammend the constitution to whatever it likes.

The founders figured that 551 (I know it wasn't that number at the time) is pretty unlikely to be unified enough to go rogue. 

After reviewing the US Constitution I think I found one method.

1. Article I, Section 5 of the US Constitution includes a clause where congress can expel its own members.
2. However, the word expel is very different from the word remove.  So you could argue that there is no actual method of removing a senator nor congressperson.
3. The people who wrote the Constitution foresaw this problem so they wrote the 10th amendment which states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
4. The 10th amendment thus grants the states the power to remove its own members of US congress.  
5. Federal Courts would likely deny states this power saying expel means remove, lawsuits would fly everywhere and eventually the case would wind up with the Supreme Court.
6. The Supreme Court would have to affirm this power to give it legitimacy.  I think public opinion would be HEAVILY in favor of giving states the power to remove their own members.
7. Once states have the power to remove its senators and congresspeople, they can choose any manner of doing it, and can alter their state constitutions to grant the President the power to remove them.

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3 minutes ago, titans&bucs&bearsohmy! said:

50 state legislatures trying to remove people followed by a massive court battle... Not bloody likely to happen. 

No, it would be more like 1 state passing a law giving itself the power to remove a US senator or US congressperson, and then court battles from there.  And if that state wins a SCOTUS decision, other states would pass their own laws.  I don't forsee 50 states all passing laws at once right at the start.

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Trump today making some strong statements about the House.  He called the impeachment process an "abuse of power". 

 

https://amp.cnn.com/cnn/2019/12/17/politics/donald-trump-letter-nancy-pelosi-impeachment/index.html

https://www.cnn.com/2019/12/17/politics/read-trump-impeachment-letter-to-house-democrats/index.html

 

I can't emphasize this enough. . .if you impeach a president, if you make a high crime and misdemeanor out of going to the courts, it
is an abuse of power. Its your abuse of power. Youre doing precisely what youre criticizing the President for doing.
I have no doubt the American people will hold you and the Democrats fully responsible in the upcoming 2020 election. They will not soon forgive your perversion of justice and abuse of
power.

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On 12/10/2019 at 1:43 AM, titans&bucs&bearsohmy! said:

There is none. Hell, a united rogue house can ammend the constitution to whatever it likes.

The founders figured that 551 (I know it wasn't that number at the time) is pretty unlikely to be unified enough to go rogue. 

Any amendment to the constitution must be approved by 2/3 of the states.

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3 minutes ago, Baker Boy said:

Any amendment to the constitution must be approved by 2/3 of the states.

3/4th's

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21 minutes ago, Filthy Fernadez said:

Congress isn't above the law. If they're acting criminally, they can be dealt with. Treason, espionage, etc......

or the Clinton way...

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You do it the Mitch McConell way.

You take the legislation the House passes that irritates you, ignore it rather than vote on it, put their bills in a box, put the box in storage, then wait for January 2021, pull the boxes out and burn them.

Meanwhile, you watch MSNBC/CNN interview Nancy Pelosi and Nadless, and Schitt for laughs or change the channel to WWE if that fits your mood better.

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