Feinstein and Cruz Go Toe to Toe, and the Winner Is?

So yesterday Senator Ted Cruz took on Senator Feinstein about her bill. You can watch a particularly telling clip here…

http://www.youtube.com/watch?v=JSTw0TCcFcY&sns=em

See how much you mean to the Democrat Senators, they acknowledge their double standard and argue mostly emotionally. Cruz’s question was a good one and the answer was telling. Feinstein said she makes an exception for the Second Amendment. And asks that her right to opinion be respected.
Funny. And I agree, respect her right to her opinion, but when she tries to force her opinion into a law, then it effects me and changes the game. It’s no longer opinion its a fact of law.
Sen. Durbin cites case law, which is humorous to me. You have the words

…shall not be infringed

What’s that mean? No limits. Exactly. Case law is judges and lawyers attempting to limit that. Which makes their arguments invalid and the only way to make it happen is by the monopoly of force the government has.

I made this point to a friend yesterday after he saw the video, all these Senators who passed this out of committee should be arrested for treason. Wouldn’t you consider disarming the populace of the weapons that can be best used to deter an invasion by our enemies as an act of aiding and abetting America’s enemies?

However our military won’t, the younger ones are worried about their enlistment benefits and the older ones don’t know anything but the military life. A few maybe think along the same lines as I, but they stay mostly silent. They have failed their Oath. This is why I no longer say they are protecting my freedoms, since their boss the U.S Government is the biggest threat to my freedoms.

Someone had to say it.

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How Laws Are Born, and How They’re Killed; Article 1 Section 7

Let’s talk about money, and the process used to remove it from you. Section 7 of Article 1 is about taxes and votes in the Legislature.

Section 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Taxes are spawned in the House for the most part, and the Senate “fine-tunes” it with Amendments. The Senate can also write tax bills, and all can write bills they want to become law. Why the House to originate tax bills? My theory is this…up until 1913, the Senate was filled by a vote of State legislators. You had Vox Populi in the House, the Representatives were picked by popular vote, so the citizens had a voice. The Senate represented the State Governments, remember it used to be that State’s were Sovereign, until the War Between the States.  That’s two layers of protection against taxation and loss of liberties. People don’t want to be taxed excessively nor State governments or burdensome laws. People used to like personal responsibility.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. 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. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

This part sets up Veto Power. When the Legislative Branch passes a Bill and it goes to the President to sign off on it. If he doesn’t approve of it he sends it back with a list of why he doesn’t like it. That’s a veto. Then the House and Senate reconsider, and if they pass it again as it was, with the 2/3rds majority, the bill is law. Overiding the President’s veto.

This last part is new to me, where a bill goes to the President and he doesn’t sign it within 10 days it becomes law. Unless Congress is adjourned. But it’s really smart if you think about it. Here’s a scenario:

Congress passes a unpopular bill, sends it to the President, then adjourns and leaves town, so the vetoed bill can’t be returned. Because of that last line, it keeps Congress of going around the President by simple majority.

Now the President just ignoring a bill and it becoming law anyway in 10 days, as best I can figure, is covering his ass. I don’t want to fight about this bill nor approve it. I wash my hands of it.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Rehashing the above, anything that has an affect on the country other than leaving town, has to get the President’s opinion.

I hope I have been making this interesting for you. I’m learning along with you, as I write these. Some I know, and some I didn’t know. Next week we start looking at what powers the Congress does have, as opposed to what they’ve taken unconstitutionally.

Section 6 of the Constitution; Elections, Rules & Punishment

Now we’re on Section 5 of Article 1. A tame section laying out more  of the framework.

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; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

It begins with the Legislative Branch being watchdog on elections of its members, and when a majority gathers they can get down to business. Also says you don’t have to show up all the time but the House or Senate can punish for absenteeism.

This next one is interesting. Not the part where they have a rulebook of how to do things in the chambers but this part…

….punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.

Examples of this occurred recently. During a State of a Union Speech…

Representative Joe Wilson called Obama a liar 15 seconds into the video. A few days later the House voted to formally admonish the Representative. Read here. Also, we can’t forget Charlie Rangel, who was censured by the House for ethics violations, which is the next level up. He should have gotten the next level up, expulsion for being a tax cheat. Read articles here and here. Seeing the Constitution actually in action kinda kicks the boring factor of just reading the words.

The next part deals with the keeping of records and both Houses have to clear with the other for long-term adjournments and moving to different locations.

Next week is Section 6 where we deal with pay, immunity and promotions.