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WhoIsNumberNone

(7,875 posts)
Sat Oct 5, 2013, 08:41 PM Oct 2013

The Government Shutdown Is A Constitutional Crisis



Let us get this straight with some basic civics.
I will keep this simple.

1) The Affordable Care Act is the law of the United States of America.
2) We have federal elections to elect Congressmen, Senators, and our President.
3) The Congress and Senate legislate to make law.
4) The President signs the laws, if he is in agreement, or if the legislative branches have a veto proof majority.
5) We have a Judicial branch, that is appointed by the President and confirmed by the legislative branch, that determines the constitutionality of the law.
6) Before these elected representatives and appointed judges begin to serve, they are all required to take an oath to protect the our constitution and uphold our laws.

Insurrectionist forces within the GOP/Tea Party are now holding the functioning of our government and the country hostage. They are breaking the oath they have taken, and are engaging in an insurrection against the authority of the United States of America and the laws thereof. In accordance with the constitution of the United States of America, a political party, or a branch of government must successfully legislate to change a law. The Constitution of the United States of America does not allow for a minority to use the functioning of the government, or the good faith and credit of the United States government, as a tool of extortion, or as a means of legislation. The Constitution of the United States of America does not allow for a minority to use the functioning of the government, or the good faith and credit of the United States government, as a tool of extortion, to thwart, or nullify established law. This is insurrection.

Insurrection against the authority of the United States or the laws thereof, is illegal under United States Federal Statute 18 USC Chapter 115 § 2383.

18 USC Chapter 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES. § 2383
Rebellion or insurrection - Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
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northoftheborder

(7,574 posts)
2. So how would the law be upheld in this case? What would be the process of charging,
Sat Oct 5, 2013, 09:21 PM
Oct 2013

convicting, and punishing a Congressperson who participated in insurrection?

mother earth

(6,002 posts)
9. Yes, indeed, and let's also not grant immunity to the BushCo administration that started this grand
Sun Oct 6, 2013, 06:30 PM
Oct 2013

fuck up. ONLY, Obama is driving the effort to do just that.

As Jimmy Carter recently & so aptly stated, this is no longer a functioning democracy.

This fucking dog & pony show is shock doctrine at its best.

Now, forgive my interruption, continue on.
And while we rant and rave about the GOP folly, let's not forget our own party's drive to once again dismiss rule of law for the
highest of the elites, and the other drive for TPP. The whole point is to distract the masses for yet more nails in the coffin.

There's nothing to be proud of, here. EVERYTHING is fucked & so it goes, the craziness of cheering from either side is beyond
ridiculous at this point, but what do I know?

This game is so rigged & broken.
When the dust settles, I suspect admiration will be at the forefront of another 3D chess game, whilst behind the curtain the mighty and powerful Oz is merely a man who has dropped crumbs from the cake being handed to the overlords.

2naSalit

(86,775 posts)
5. Thanks for your post
Sat Oct 5, 2013, 11:39 PM
Oct 2013

It is imperative that we keep this solution set in front of everyone to see how we might remedy this nightmare.

yuiyoshida

(41,857 posts)
6. It truly is a nightmare...
Sun Oct 6, 2013, 01:22 AM
Oct 2013

that desperately needs a solution. They are willing to let the United States government burn all around them, to get their way. That has to stop, and some people need to be charged with something, or even sued perhaps.

JDPriestly

(57,936 posts)
7. No one reminds the Republican spokespeople of the difference between
Sun Oct 6, 2013, 02:06 AM
Oct 2013

simply repealing or amending a bill, which Congress could do with regard to the ACA, and extorting the repealing or amending of a bill with a threat to destroy or bring to an utter standstill the government.

Democrats like me do not like a lot of the bills passed during the Bush era. The immunity bill related to FISA and surveillance by electronic communications companies is one. Another is that provision in the bankruptcy bill that makes it virtually impossible to declare bankruptcy on education loans.

There are many others. Some of the tax breaks for the 1% come to mind. But when we had the majority in the House after the Bush years, House Democrats did not try to bring the government to a halt to obtain changes in those laws. There are democratic procedures for changing laws.

The Republicans tried those procedures. They didn't work because they didn't have the votes in the Senate. Now the Republicans are trying to bully the Senate and the president into doing away with the ACA. Of course we Democrats cannot give in to that. What next if we did?

But the important thing is that you don't use the budget process to try to bludgeon the Senate and the President into changing or eliminating a bill. That is simply not right.

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