Posted on 02/16/2023 9:25:27 AM PST by george76
Paxton filed the suit against Biden on Feb. 15
...
Texas Attorney General Ken Paxton filed a lawsuit against Joe Biden and his administration for breaking the Constitution in order to swiftly pass a trillion dollar spending package.
The lawsuit, filed Wednesday, claims that Biden unlawfully signed the Democrats' $1.7 trillion omnibus package into law in December because it was not legally passed in the House.
Only 201 members were present when the Consolidated Appropriations Act of 2023 was voted on by the House of Representatives in December 2022, and with half the members absent, the required quorum was not met, Paxton's lawsuit argues.
The Constitution requires that a quorum of members of the House of Representatives be present for the lower chamber of Congress to conduct any business
...
"Nowhere does the U.S. Constitution authorize the House to pass trillion-dollar bills when more than half the members are in their homes, vacationing, or are anywhere physically other than the United States Capitol Building," said Attorney General Paxton ..
"Our Founders would be turning over in their graves if they could see how former Speaker Nancy Pelosi used proxy voting to upend our constitutional system."
...
The House passed a revised version of the bill with 225 yea, 201 nay votes, and 1 present, however, the votes of those physically on the floor were only 88 yea and 113 nay. Several Republicans voted by proxy on the measure as well, along with most Democrats.
...
Because the omnibus spending bill wasn’t passed when a quorum of the House was present, it was never lawfully enacted, it's unconstitutional, and the federal government should be enjoined from implementing it
...
The GOP ended the practice after it took control of the chamber in January.
(Excerpt) Read more at foxnews.com ...
I always grin when I fill in the Paxton dot on my ballot. The guy is awesome and he drives the Texas Dung Beetles crazy. LOL.
Paxton is a patriot and a hero, but my guess is the cowardly Supreme Court will ultimately not take this up.
Texas Dung Beetles! ... ))) So perfectly names the vermin. Thanks for giving me the first laugh of the day.
May the Good Lord always favor the Lone Star State.
Yep no standing bye
Article. I. - Section. 5.
Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and
a Majority of each shall constitute a Quorum to do Business; ...
...Each House may determine the Rules of its Proceedings.
Article. I. - Section. 7.
...But in all such Cases the Votes of both Houses
shall be determined by yeas and Nays, and the Names
of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively.
He is correct, the State of WA has been doing the same for 3 years. They also only allow dissent from the Minority leader, but the rest of the R’s are allowed to watch with their microphones inactivated.
The AG knows all this. This is being done solely to publicize the unconstitutional actions of the FJB mis-administration and Nazi Pelozi. No crooked biased bribed MSM outlet would ever report on this on their own.
Paxton is a hero, that’s for sure. That is why the rats launch a weekly lawfare attack on him.
“...Each House may determine the Rules of its Proceedings.”
Seems to me that’s the sticking point, since the Constitution says they need a Quorum but does not specify the Quorum must consist of people physically standing in the building, so it would be up to the rules that the House set to determine how a Quorum is to be reached.
Dung Beetles and Dickweds.
FR: Never Accept the Premise of Your Opponent’s Argument
Respectfully to Texas AG Paxton, has he overlooked the House's mail-in votes concerning budget? /super-sarc
My concern is why is Paxton not arguing the following major constitutional problems with the budget?
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
“If the tax be not proposed for the common defence, or general welfare, but for other objects, wholly extraneous, (as for instance, for propagating Mahometanism among the Turks, or giving aids and subsidies to a foreign nation, to build palaces for its kings, or erect monuments to its heroes,) it would be wholly indefensible upon constitutional principles [emphases added].” — Justice Joseph Story, Commentaries on the Constitution 2 (1833).
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
Pelosi: "We have to pass the bill so that you can find out what is in it." (non-FR; 6 sec.)
“Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves [emphasis added]. It seems to be the law of our general nature.” - Thomas Jefferson (Letter to Edward Carrington January 16, 1787)
Patriots, what is your threshold of “pain” for peacefully stopping corrupt, constitutionally undefined political parties oppressing everybody under their boots?
The inevitable remedy for ongoing, post-17A ratification, political party treason (imo)...
All MAGA patriots need to wake up their Democratic & RINO federal and state lawmakers by making the following clear to them.
If they don’t publicly support either a resolution, or a Constitutional Convention, to effectively "secede" ALL the states from the unconstitutionally big federal government by amending the Constitution to repeal the 16th (direct taxes) and 17th (popular voting for federal senators) Amendments (16&17A), doing so before the primary elections in 2024, that YOU will primary them.
If the proposed amendment was limited strictly to repealing 16&17A, relatively little or ideally no discussion would be needed before ratification of the amendment imo.
With 16&17A out of the way, my hope is that Trump 47 becomes the FIRST president of a truly constitutionally limited power federal government.
In the meanwhile, I'm not holding my breath for significant MAGA legislation to appear in the first 100 days of new term for what may still prove to be another RINO-controlled House.
Trump will hopefully do another round of primarying RINOs for 2024 elections.
Violation of the Constitution is of little concern since the Chinese paid off Biden/Obozo and the Dems to destroy the economy so the Chinese can gain control of the World’s Reserve Currency. Without that Control, the Chinese are at a stalemate for World dominance.
When written, the meaning of quorum could ONLY mean those physically present.
Trump’s USSC picks will laugh at this. Especially the last two.
Sure, but it does not say “physical attendance”. Of course that’s the only kind of attendance the founders could have meant, but it does not actually say that. So I suppose it’s up to the courts to rule on whether “virtual attendance”, etc, satisfies the Constitutional requirement. If the courts want to bother to intervene in matters of Congress, that is.
True, and if the courts always and only ruled based on original intent, then we could assume that is what the courts would rule. But unfortunately, courts are not that reliable.
Paxton was attacked by the Texas media when he first ran for AG. That was a good sign.
My thoughts exactly.
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.