Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Texas attorney general sues Biden admin, claims $1.7T budget was a 'stunning violation of the Constitution'
Fox News ^ | February 16, 2023 | Aubrie Spady |

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 ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: District of Columbia; US: Texas
KEYWORDS: budget; constitution; texas
Navigation: use the links below to view more comments.
first 1-2021 next last

1 posted on 02/16/2023 9:25:27 AM PST by george76
[ Post Reply | Private Reply | View Replies]

To: george76

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.


2 posted on 02/16/2023 9:28:23 AM PST by FlingWingFlyer (Remember what FJB Brandon said, "...more than half of the women in my administration are women.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: george76

Paxton is a patriot and a hero, but my guess is the cowardly Supreme Court will ultimately not take this up.


3 posted on 02/16/2023 9:30:23 AM PST by Obadiah
[ Post Reply | Private Reply | To 1 | View Replies]

To: FlingWingFlyer

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.


4 posted on 02/16/2023 9:33:05 AM PST by Quentin Quarantino (T from Dr.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Obadiah

Yep no standing bye


5 posted on 02/16/2023 9:38:46 AM PST by gibsonguy (O)
[ Post Reply | Private Reply | To 3 | View Replies]

To: george76

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.


6 posted on 02/16/2023 9:47:49 AM PST by Repeal The 17th (Get out of the matrix and get a real life.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: george76

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.


7 posted on 02/16/2023 9:48:23 AM PST by Glad2bnuts ("People who didn't take take the Jab have -0- regrets, those who did may be SADS.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: gibsonguy
Yep. The only ones with standing to sue over congressional action/inaction is the House of Representatives. The only ones with standing to sue over Senate actions/inactions is the Senate. And don't forget, the only ones with standing to sue over elections (without going through the individual state candidate contest laws) are state legislatures.

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.

8 posted on 02/16/2023 9:56:13 AM PST by jpp113
[ Post Reply | Private Reply | To 5 | View Replies]

To: jpp113

Paxton is a hero, that’s for sure. That is why the rats launch a weekly lawfare attack on him.


9 posted on 02/16/2023 10:01:44 AM PST by gibsonguy (O)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Repeal The 17th

“...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.


10 posted on 02/16/2023 10:22:30 AM PST by Boogieman
[ Post Reply | Private Reply | To 6 | View Replies]

To: Quentin Quarantino

Dung Beetles and Dickweds.


11 posted on 02/16/2023 10:22:57 AM PST by Sequoyah101 (Procrastination is just a form of defiance.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: george76; All
"Texas attorney general sues Biden admin, claims $1.7T budget was a 'stunning violation of the Constitution'"
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?

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.

12 posted on 02/16/2023 10:39:51 AM PST by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies]

To: george76

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.


13 posted on 02/16/2023 10:43:08 AM PST by chopperk ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Boogieman

When written, the meaning of quorum could ONLY mean those physically present.


14 posted on 02/16/2023 11:16:09 AM PST by curious7
[ Post Reply | Private Reply | To 10 | View Replies]

To: Boogieman
"compel the attendance of absent members"


15 posted on 02/16/2023 11:38:15 AM PST by Dalberg-Acton
[ Post Reply | Private Reply | To 10 | View Replies]

To: george76

Trump’s USSC picks will laugh at this. Especially the last two.


16 posted on 02/16/2023 11:43:36 AM PST by Revel
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dalberg-Acton

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.


17 posted on 02/16/2023 11:57:36 AM PST by Boogieman
[ Post Reply | Private Reply | To 15 | View Replies]

To: curious7

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.


18 posted on 02/16/2023 11:59:36 AM PST by Boogieman
[ Post Reply | Private Reply | To 14 | View Replies]

To: gibsonguy

Paxton was attacked by the Texas media when he first ran for AG. That was a good sign.


19 posted on 02/16/2023 12:02:28 PM PST by Texas resident (Who is running our country?)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Boogieman

My thoughts exactly.


20 posted on 02/16/2023 3:20:18 PM PST by Repeal The 17th (Get out of the matrix and get a real life.)
[ Post Reply | Private Reply | To 10 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson