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re: Seriously Dems, does OMB make you jettison any pretense of constitutional rights?

Posted on 10/10/19 at 8:43 am to
Posted by The Maj
Member since Sep 2016
27196 posts
Posted on 10/10/19 at 8:43 am to
quote:

please link to the specific Constitutional clause


I will right after you link to the clause that allows Congress to send letters they call something else to the executive in an endless manner...

I will wait but don't expect much...

Posted by GumboPot
Member since Mar 2009
119029 posts
Posted on 10/10/19 at 8:45 am to
quote:

please link to the specific Constitutional clause which provides a requirement that the House hold a vote in order to open an impeachment inquiry. I will wait.



And is there a constitutional clause that invokes the judiciary with no underlying legislation?
Posted by TBoy
Kalamazoo
Member since Dec 2007
23828 posts
Posted on 10/10/19 at 8:47 am to
quote:

i have seen you in 2 threads this am. in both, you were told/proven to be completely wrong


What are you talking about? There’s nothing which has “proved me completely wrong “ on anything. As for “leaving,” I’m not paid to sit on TD all day.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
60585 posts
Posted on 10/10/19 at 8:52 am to
quote:

They have to be playing off the ignorance of the American electorate.


It's an intended side effect of the government seizing control of the education of our country's children. It's right out of The Communist Manifesto.

It's a feature, not a bug.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
60585 posts
Posted on 10/10/19 at 8:55 am to
quote:

Giving yourself an out, I see


Calling the shot is not "giving [myself] an out". It's straight up going to happen, and Schiff will likely be the first one to scream it.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 10/10/19 at 8:56 am to
You made a claim, and I asked a question about that claim. You say that you will answer that question only AFTER I first answer a question that you presented AFTER I asked the first question. Typical Trump tactics.

The constitution speaks to “legislative functions,“ which would clearly include impeachment. The Constitution does not provide procedural rules.

If Congress chose to Conduct investigations prior to drafting and submitting specific proposed legislation, it could investigate anything and everything to his heart’s content, and then propose legislation.

AGAIN, I think that would be a bad practice, but that would not make it unconstitutional.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
60585 posts
Posted on 10/10/19 at 8:56 am to
quote:

in past impeachment investigations, rules were adopted which provided minority members the ability to issue subpoenas, in addition to subpoenas approved by a majority vote of each committee. That is not a constitutional or statutory requirement. It was simply a matter of House rules and tradition.


In past impeachment investigations, was the inquiry launched by committee/fiat, or by an entire house vote?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 10/10/19 at 8:57 am to
quote:

And is there a constitutional clause that invokes the judiciary with no underlying legislation?
In a word ... huh?
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
74273 posts
Posted on 10/10/19 at 8:59 am to
Liberal Hank answering for Dems

Boy he has everyone fooled
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 10/10/19 at 9:00 am to
quote:

In past impeachment investigations, was the inquiry launched by committee/fiat, or by an entire house vote?
Either way, it is simply a matter of tradition… not a constitutional requirement. (AGAIN, I think the traditional practice is a good one).

Read the OP again. This thread is about constitutional “separation of powers.”. if you want to debate “best practices,“ you will find that I am on your side.
Posted by Yak
DuPage County
Member since May 2014
4672 posts
Posted on 10/10/19 at 9:01 am to
quote:

Calling the shot is not "giving [myself] an out". It's straight up going to happen, and Schiff will likely be the first one to scream it.
Just as long as we are on the same page in that nothing will be done
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20257 posts
Posted on 10/10/19 at 9:01 am to
quote:

You mean like the power of Congress to check and investigate the executive? The constitution places that power directly in the House. That is what separation of powers is all about. Trump does not have absolute power


Nor does Congress. There is a tipping point and while it isn't clearly defined where that is, we damn sure know where it isn't. Thats where the House is operating now.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
60585 posts
Posted on 10/10/19 at 9:04 am to
quote:

I think that it is a good practice, but it is simply tradition ... nothing more.


So you're on board for shortcutting the process when it serves the purposes of one partisan crusade? Got it.
Posted by GumboPot
Member since Mar 2009
119029 posts
Posted on 10/10/19 at 9:06 am to
quote:

The constitution speaks to “legislative functions,“ which would clearly include impeachment.


So you are admitting "impeachment" is a legislative function...then pass legislation.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
60585 posts
Posted on 10/10/19 at 9:08 am to
quote:

Just as long as we are on the same page in that nothing will be done


Your reading comprehension is God-awful. I'm saying the exact opposite. When the Dems implicated in Spygate and other violations of Constitutional rights of American citizens at the hands of Obama's administration are brought to justice, not only are they going to claim they dindu nuffin, they're going to say the ONLY reason they're being charged is because Trump is retaliating for their horse shite impeachment game.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 10/10/19 at 9:08 am to
quote:

So you're on board for shortcutting the process when it serves the purposes of one partisan crusade? Got it.
Do you read and understand Standard American English?

At no point have I argued in favor of conducting the investigation in the manner in which the Democrats have chosen to conduct it.

I have simply pointed out that their approach is not a violation of “constitutional due process and separation of powers,” as asserted in the OP. I’ve also opined on at least three or four posts that the historical practice is the better practice.
Posted by GumboPot
Member since Mar 2009
119029 posts
Posted on 10/10/19 at 9:09 am to
quote:

If Congress chose to Conduct investigations prior to drafting and submitting specific proposed legislation, it could investigate anything and everything to his heart’s content, and then propose legislation.

AGAIN, I think that would be a bad practice, but that would not make it unconstitutional.



I agree.

However they are issuing unenforceable subpoenas because the judiciary has not been invoked through the passage of legislation. Legislation sets the process in motion.

And when the unenforceable subpoenas are denied they scream "obstruction of congress" like that is a real thing without legislation.
Posted by Yak
DuPage County
Member since May 2014
4672 posts
Posted on 10/10/19 at 9:09 am to
They aren't going to be charged. The wheel o' trust is running out of room.
This post was edited on 10/10/19 at 9:10 am
Posted by GumboPot
Member since Mar 2009
119029 posts
Posted on 10/10/19 at 9:10 am to
quote:

In a word ... huh?


Have you ever gone to court on the basis of no legislation?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 10/10/19 at 9:11 am to
quote:

So you are admitting "impeachment" is a legislative function...then pass legislation.
of course impeachment is a legislative function.

The point is that the Constitution does not provide procedural rules for the investigation, drafting in enactment of “legislation.” That matter is left up to the legislative body itself. In this particular instance, the legislative body is proceeding in a manner that I might not think is best, but that does not make its actions “unconstitutional.”

This is not a difficult concept to grasp.
This post was edited on 10/10/19 at 9:13 am
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