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Foj
Citizen
Username: Foger
Post Number: 1221
Registered: 9-2004
| | Posted on Thursday, April 27, 2006 - 10:10 pm: | 
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http://www.dailykos.com/storyonly/2006/4/27/154625/574
http://www.conyersblog.us/default.htm
Thursday, April 27th, 2006
Taking the President to Court
Cross-Posted at DailyKos.com
As some of you may be aware, according to the President and Congressional Republicans, a bill does not have to pass both the Senate and the House to become a law. Forget your sixth grade civics lesson, forget the book they give you when you visit Congress - "How Our Laws Are Made," and forget Schoolhouse Rock. These are checks and balances, Republican-style.
As the Washington Post reported last month, as the Republican budget bill struggled to make its way through Congress at the end of last year and beginning of this year (the bill cuts critical programs such as student loans and Medicaid funding), the House and Senate passed different versions of it. House Republicans did not want to make Republicans in marginal districts vote on the bill again, so they simply certified that the Senate bill was the same as the House bill and sent it to the President. The President, despite warnings that the bill did not represent the consensus of the House and Senate, simply shrugged and signed the bill anyway. Now, the Administration is implementing it as though it was the law of the land.
Several public interest groups have sought to stop some parts of the bill from being implemented, under the theory that the bill is unconstitutional. However, getting into the weeds a bit, they have lacked the ability to stop the entire bill. To seek this recourse, the person bringing the suit must have what is called "standing," that is they must show they were injured or deprived of some right. Because the budget bill covers so many areas of the law, it is difficult for one person to show they were harmed by the entire bill. Thus, many of these groups have only sought to stop part of it.
After consulting with some of the foremost constitutional experts in the nation, I determined that one group of people are injured by the entire bill: Members of the House. We were deprived of our right to vote on a bill that is now being treated as the law of the land.
So, I am going to court. With many of my Democratic Colleagues (list appended at the bottom of this diary), I plan to file suit tomorrow in federal district court in Detroit against the President, members of the Cabinet and other federal officers seeking to have a simple truth confirmed: a bill not passed by the House and Senate is not a law, even if the President signs it. As such, the Budget bill cannot be treated as the law of the land.
As many of you know, I have become increasingly alarmed at the erosion of our constitutional form of government. Whether through the Patriot Act, the President's Secret Domestic Spying program, or election irregularities and disenfranchisement, our fundamental freedoms are being taken away. Nothing to me is more stark than this, however. If a President does not need one House of Congress to pass a law, what's next?
The following is a list of co-plaintiffs on this lawsuit. I would note that I did not invite every Member of the House to join in the suit, and I am certain many, many more Members would have joined if asked. However, this was not possible for various arcane legal reasons.
The other plaintiffs include Rep. John Dingell, Ranking Member on the Energy and Commerce Committee; Rep. Charles B. Rangel, Ranking Member on the Ways and Means Committee; Rep. George Miller, Ranking Member on the Education and Workforce Committee; Rep. James L. Oberstar, Ranking Member on the Transportation and Infrastructure Committee; Rep. Barney Frank, Ranking Member on the Financial Services Committee; Rep. Collin C. Peterson, Ranking Member on the Agriculture Committee; Rep. Bennie Thompson, Ranking Member on the Homeland Security Committee; Rep. Louise M. Slaughter, Ranking Member on the Rules Committee; Rep. Fortney "Pete" Stark, Ranking Member on the Ways and Means Health Subcommittee; Rep. Sherrod Brown, Representing Ohio's 13th District. |
Hoops
Citizen
Username: Hoops
Post Number: 1201
Registered: 10-2004
| | Posted on Thursday, April 27, 2006 - 10:17 pm: |
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I love John Conyers!
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Foj
Citizen
Username: Foger
Post Number: 1224
Registered: 9-2004
| | Posted on Friday, April 28, 2006 - 12:21 am: |
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ABC picks up the story:
http://www.abcnews.go.com/Politics/wireStory?id=1899100
AS well as..
http://www.scoop.co.nz/stories/WO0604/S00441.htm
http://www.scoop.co.nz/stories/WO0604/S00441.htm
http://www.foxnews.com/story/0,2933,193491,00.html
As well as 60+ others:
http://news.google.com/news?hl=en&tab=wn&ie=UTF-8&ncl=http://seattlepi.nwsource. com/national/1153AP_Budget_Lawsuit.html |
joel dranove
Citizen
Username: Jdranove
Post Number: 424
Registered: 1-2006
| | Posted on Friday, April 28, 2006 - 7:18 am: |
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Osama Bin Laden will join the lawsuit, from his hideout.
jd
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Madden 11
Citizen
Username: Madden_11
Post Number: 907
Registered: 12-2003
| | Posted on Friday, April 28, 2006 - 7:40 am: |
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Osama bin who? That name rings a bell...now where have I heard it before? He's that Iraq guy, right? |
tom
Citizen
Username: Tom
Post Number: 4826
Registered: 5-2001
| | Posted on Friday, April 28, 2006 - 9:15 am: |
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Personally I don't think we ought to let bin Laden get involved with the federal budget and constitutional procedures. After all, if we let him affect our decisions the terrorists win, right? |
joel dranove
Citizen
Username: Jdranove
Post Number: 425
Registered: 1-2006
| | Posted on Friday, April 28, 2006 - 10:03 am: |
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If we continue to let our guard down against a wily and evil enemy, we lose.
jd |
Darryl Strawberry
Supporter
Username: Strawberry
Post Number: 7101
Registered: 10-2001
| | Posted on Friday, April 28, 2006 - 10:09 am: |
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Just another reason why liberals will continue being voted out of office. |
dave23
Citizen
Username: Dave23
Post Number: 1692
Registered: 5-2001
| | Posted on Friday, April 28, 2006 - 10:09 am: |
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Joel,
Get back under your bed. It's scary out here in the real world.
And don't go outside at night: Statistically speaking, you are more likely to be killed by lightening than you are by a terrorist. And you are waaaay more likely to be killed in your car. So don't drive, either. |
tom
Citizen
Username: Tom
Post Number: 4827
Registered: 5-2001
| | Posted on Friday, April 28, 2006 - 11:15 am: |
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And short circuits from home electronics. Stay away from the computer.
Meanwhile, the rest of us will walk and chew gum at the same time. |
dave23
Citizen
Username: Dave23
Post Number: 1696
Registered: 5-2001
| | Posted on Friday, April 28, 2006 - 11:19 am: |
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Straw,
Do you think Repubs will pick up Congressional seats in November? Sure sounds that way. |
Foj
Citizen
Username: Foger
Post Number: 1230
Registered: 9-2004
| | Posted on Friday, April 28, 2006 - 2:33 pm: |
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DOne-
Democrats file lawsuit over deficit-reduction law
4/28/2006, 12:21 p.m. ET
The Associated Press
DETROIT (AP) — Eleven U.S. House Democrats filed a federal lawsuit Friday against President Bush and other administration officials, claiming that a $39 billion deficit-reducing law is unconstitutional because the president signed a version that differed slightly from the one the House passed.
The lawsuit, led by Rep. John Conyers, D-Mich., the ranking member of the House Judiciary Committee, was filed in U.S. District Court in Detroit. At least two other lawsuits about the legislation have been filed, one by an Alabama attorney and another by a Florida-based student loan consulting firm.
more-
http://www.mlive.com/newsflash/michigan/index.ssf?/base/news-34/1146241762213790 .xml&storylist=newsmichigan
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