Posted on 04/13/2021 6:14:19 AM PDT by TrumpianRepublican
For the second time in two weeks, House Speaker Nancy Pelosi has been taken to court.
Georgia GOP Rep. Andrew Clyde is planning a legal challenge to the “unconstitutional” requirement that members pass through metal detectors in order to gain access to the House floor.
Pelosi's House panel rejected his appeal after he was fined $15,000.
Huh? Unconstitutional?
There is nothing in the Constitution about this and the House makes its own rules about its operations. If this was being applied unequally (AOC gets her switchblade through but RINOs get rejected for their penny loafers) he might have an argument.
Also, I like the same rules for politicians as for citizens. Since I need to go through a metal detector to enter a federal building so should he.
That is his argument though, further in the article:
Clyde argued that H.R. 73 violates the Constitution and that fines have been applied unequally.
A number of Republicans on the House Administration Committee alleged that Pelosi failed to pass through a security screening as required on Feb. 4 and demanded that the sergeant-at-arms, who is tasked with imposing fines for noncompliance under H.R. 73, fine the California Democrat.
“While my team and I continue to await an announcement of a fine levied on the Speaker, we are preparing for the next stage of this fight,” Clyde said on Monday. “I will take my case to federal court where I am confident justice will be served.”
Valid points. At what point is this fee excessive though? $50, $500, $5,000? $50,000? $500,000?
As a percentage of their salary, $5000 for one infraction is excessive in my opinion.
Would it be fair for a munucipality to charge such a fine for a parking or speeding ticket if the same standard applied to everyone?
So, if I understand it correctly, she levied fines of against him for not submitting to the search, but avoided the search herself?
If I read that correctly, damn right he should fight. Make that witch live by the BS rules she imposes on others.
This is a problem at all levels nationwide-Leftists make rules and regulations and force other people to live by them while they escape the consequences of their actions and are allowed to live in their bubble.
A pox on ALL of them.
So let me get this straight: If some Trump-loving NRA type Republican House member decides he wants to shoot up the House chamber, he can bypass the metal detectors, shoot up the place, and then pay his $15,000 fine.
While it’s not a bad deal, I’m having trouble seeing how the metal detectors provide any type of security.
They originally said they were going to take the fines out of their paychecks. That would likely be a violation of various wage and hours laws so I guess they gave up that idea.
Well your opinion does not trump the constitution. Members of Congress have immunity when travelling to and from Congress on business. ie. They cannot be impeded.
My wife and I went on a tour of a church in NYC some years back, and they had recently implemented a process that was exactly like going through the airport, emptying of pockets, xray machines, metal detectors, deployment of hand detectors, pat downs, the whole nine yards.
There was a long line, and I had a knife. While we were figuring out what to do, I noticed people walking in and out through a door.
When I looked, people were just coming and going as they pleased, in full sight of the the Gestapo performing their cavity searches. So all of us just walked in the side door and began to walk around.
Jackasses. Can’t even do security right, but they want to tell everyone how to live their lives.
My feeling is, if they want to force ME to go through a metal detector and other security to get in, they damn well should force THEM to do the same thing.
Reminds me of the last time I had jury duty. I had to take off my shoes to get them X-Ray’d.
And NO, it was not in airplane where my shoes could take the thing down. It was in a goddam BUILDING. I at least understand TSA, somewhat.
Anyone of us can be very angry at Pelosi regarding events at the Capital on January 6th, and her actions and comments related to them since January 6th.
That does not make the use of metal detectors for access to the House chambers “unconstitutional”.
The GOP rep is pulling a stunt. His GOP peers need to tell him to shut up and pay the fine.
Heh, there is something about having to take off my shoes that makes me angry.
I suspect there are millions of travelers who would mercilessly squash the shoe-bomber if they ever got their hands on him.
A Congressperson may not be hindered or arrested on his or her way to or from the Legislature when it is in session. The only exceptions are felonies and breach of the peace.
Look it up.
L
“A Congressperson may not be hindered or arrested on his or her way to or from the Legislature when it is in session.”
“hindered” is a subjective term. I seriously doubt that any House security measure was going to be considered a “hinderance” under any meaning the writers of the law/rule intended.
I am sure that a “hinderance” was meant and understood to mean actions OUTISDE OF the official actions of the operations of the House. Like some unofficial person or some other member trying to “hinder” a members access to or from the House chamber.
Do I think a “right to bear arms” extends to the House chamber? No.
“Do I think a “right to bear arms” extends to the House chamber? No.”
So the 2nd Amendment doesn’t apply to members of Congress? Where exactly is that in the Constitution?
L
IIRC Fat Teddy Kennedy was barred from a flight and he used this constitutional argument. This was put in to prevent another state, county or city from detaining an member of the House or Senate from getting to Washington DC to do their business they were elected for. Of course in those days they weren’t trying to turn the country into the Soviet States of America.
“I suspect there are millions of travelers who would mercilessly squash the shoe-bomber if they ever got their hands on him.”
Actually, it was a gaping hole in security, so I don’t blame that nutcase. I’m just glad he didn’t bring the plane down.
“So the 2nd Amendment doesn’t apply to members of Congress? Where exactly is that in the Constitution?”
The second amendment applies to everyone. The condition - open carry - is subject to laws and rules, public and private.
You may have a right to carry a weapon, out in the public space. But I, or Congress, have a right to control what is and is not allowed in my/our space. If I say no guns allowed in my space, it only means you have to leave your gun at my door. It does not mean you do not have a general right to bear arms. For instance, only Federal officers, like federal Marshalls, may carry a gun on an Airline, THAT is not seen by the SCOTUS of an abridgement of the “right to bear arms”. That right can be Constitutionally limited by context.
He can bring it to court but a DC court will rule against him. He is SOL.
Yes! You are making progress! Please continue reading the Federalist Papers. Very informative.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.