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What if Congress won't listen? Lawyers, please respond

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Luckyduck Donating Member (434 posts) Send PM | Profile | Ignore Tue Jan-30-07 12:52 PM
Original message
What if Congress won't listen? Lawyers, please respond
Congress includes many members, Democrats as well as Republicans, who look to the war corporations- Boeing, Lockheed-Martin, Bechtel, Halliburton, Carlyle- for their campaign funds and perks while in office. Will they put aside their personal interests and do what their real constituents, we the people, want? Will they use the power of the purse to cut military spending and force Bush to bring the troops home? and will they start impeachment hearings?

The American people are watching closely. We don't have much time. The war drums are pounding for hitting Iran, Syria, escalating in Iraq and Afghanistan, using nukes. As Boyle points out, World War III could start as soon as August if Bush and Cheney remain in office.

We can't wait until 2008 to vote in another president or a new Congress. If this Congress refuses to stop Bush and Cheney, what recourse do we the people have? If they ignore our letters and phone calls and emails and marches, what do we do next?

I appeal to all the lawyers who read this to give us advice. Can we recall Congress? Can we impeach members of Congress? Can we call a Constitutional Convention that overrides whatever they decide? What recourse do we have?

Perhaps the current Congress will do the right thing and open impeachment hearings soon. But if they don't, we the people need to have a new strategy prepared. What will it be?
http://www.opednews.com/articles/opedne_carol_wo_070129_what_if_congress_won.htm
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Jacobin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 12:58 PM
Response to Original message
1. This was T. Jefferson's solution:
When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. --Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.

He has refused his assent to laws, the most wholesome and necessary for the public good.

He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.

He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.

He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.

He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

He has kept among us, in times of peace, standing armies without the consent of our legislature.

He has affected to render the military independent of and superior to civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation:

For quartering large bodies of armed troops among us:

For protecting them, by mock trial, from punishment for any murders which they should commit on the inhabitants of these states:

For cutting off our trade with all parts of the world:

For imposing taxes on us without our consent:

For depriving us in many cases, of the benefits of trial by jury:

For transporting us beyond seas to be tried for pretended offenses:

For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule in these colonies:

For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments:

For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated government here, by declaring us out of his protection and waging war against us.

He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our people.

He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.

He has constrained our fellow citizens taken captive on the high seas to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare, is undistinguished destruction of all ages, sexes and conditions.

In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends.

We, therefore, the representatives of the United States of America, in General Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 01:01 PM
Response to Original message
2. could we get a continguency of psychiatrists and psychologists
Edited on Tue Jan-30-07 01:02 PM by alyce douglas
to assess * and his cohorts. We need a psychiatric assessment on this man.
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KansDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 01:05 PM
Response to Reply #2
5. All they need are videos of him to make their psychiatric assessments
And there are plenty of those around.

Works for Sen. Dr. Frist!
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 01:08 PM
Response to Reply #5
7. I wish these Senators would question Bush's mental state
set up a panel with Dr. Justin Frank, (Bush on the Couch, author) with some other professionals.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 01:01 PM
Response to Original message
3. Remedy: Writ of Mandamus, that is, MAKE THEM respect the
Edited on Tue Jan-30-07 01:07 PM by no_hypocrisy
Constitution, Congress, and the law.

http://en.wikipedia.org/wiki/Mandamus

The purpose of mandamus is to remedy defects of justice. It lies in the cases where there is a specific right but no specific legal remedy for enforcing that right. It also lies in cases where there is an alternative remedy but the mode of redress is less convenient, less beneficial or less effectual. Generally, it is not available in anticipation of any injury except when the petitioner is likely to be affected by an official act in contravention of a statutory duty or where an illegal or unconstitutional order is made. The grant of mandamus is a matter for the discretion of the court, the exercise of which is governed by well-settled principles.<7>

Mandamus, being a discretionary remedy, the application for that must be made in good faith and not for indirect purposes. Acquiescence cannot, however, bar the issue of mandamus. The petitioner must, of course, satisfy the Court that he has the legal right to the performance of the legal duty as distinct from mere discretion of authority.<8>

A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and which despite demand in writing has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.

There are essentially three kinds of Mandamus:

Alternative Mandamus: A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
Peremptory Mandamus: An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
Continuing Mandamus: A Mandamus issued to a lower authority in general public interest asking the officer or the authority to perform its tasks expeditiously for an unstipulated period of time for preventing miscarriage of justice.<9>

http://www.lectlaw.com/def2/m079.htm
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 01:05 PM
Response to Reply #3
4. Hhhhhhhmmmmm
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 01:12 PM
Response to Reply #3
8. Since we are deprived of some of our rights which
Congress could remedy through exercising their oaths of office, why couldn't this be a route?
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Luckyduck Donating Member (434 posts) Send PM | Profile | Ignore Tue Jan-30-07 01:32 PM
Response to Reply #3
9. how do we pursue this?
:shrug:
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rug Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-30-07 01:06 PM
Response to Original message
6. There is no legal solution. Post the question in the Gun Forum.
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Luckyduck Donating Member (434 posts) Send PM | Profile | Ignore Tue Jan-30-07 02:45 PM
Response to Reply #6
10. ya think?
:rofl:
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