(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .
Speaker Pelosi - convene a special session of the US House. Pass just one new #StandingRule. [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.', 'Backgroundurl Avatar_Large', 'Nickname', 'Joined', 'Created_At', 'Story Count', 'N_Stories', 'Comment Count', 'N_Comments', 'Popular Tags']
Date: 2023-01-01
Be a Boss, Speaker Pelosi. You know how to do it better than any man who has held the Office in living memory.
We’ve all seen how the Republicans in State after State have written and continue to write bills to restrict the Right to Vote, by writing Laws which require more and more specially identified documentation to ensure that you will be able to legally cast a ballot at the next election in which you will participate.
It appears that it is time, and that it is essential in one current case, to do something about requiring some identification from incoming US House Representatives, and not in a way which would require a Constitutional Amendment.
How can that be?
The House could pass a Standing House Rule which says incoming US House members must produce a certified copy of their birth certificate if a ‘natural born citizen’; if they are a naturalized US citizen, they need to produce their Naturalization document with date it was signed and authorized.
Because we are now in an era where there is a US House Rep-elect who no one knows for sure is either a US citizen by birth or thru naturalization — or is neither.
Now how could this happen without Amending the Constitution?
Because Article I, Section 2, Clause 2 says
https://constitutioncenter.org/the-constitution/full-text
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Since we aren’t changing anything about the election itself, only requiring that Representatives-elect meet this standard required of them TO BECOME a US House Representative on Jan 3, 2023 by producing such a document after they are sworn in — and if they fail to do so?
The House may certainly take up it’s authorized power in Article 1, Section 5, Clause 2:
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Even though some many most Republicans might not want to vote for it, should such a thing occur in the current case of the NY03 US House seat and the current Rep-elect George Santos; this wouldn’t happen until on or after January 30 of the year in which they are sworn into Office on Jan 3rd. On which date they just swore this Oath of Office (even those being re-elected)
I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." This section does not affect other oaths required by law.
The primary Duty of their Office is to bear true faith and allegiance to the Constitution (see above).
If the Constitution requires that incoming Representatives BE a citizen and have lived in the US seven years as of their inauguration date and THEY CANNOT OR WILL NOT PROVIDE PROOF OF SAME when asked upon assuming their Office (or within a month more or less)? Would it not be the duty of the rest of the members of the US House to hold a vote and expel them unless they do provide such proof?
Because if someone who is not authorized to be a member of the US House, who has not been proven to be a citizen with 7 years of residency in the United States, if that person then BECOMES a member through fraudulent means, won’t the Oath of Office of the 434 OTHER members of the US House require them to expel that person via Article 1, Section 5, Clause 2 and uphold Article 1, Section 2, Clause 2 of the US Constitution?
[END]
---
[1] Url:
https://www.dailykos.com/stories/2023/1/1/2144876/-Speaker-Pelosi-convene-a-special-session-of-the-US-House-Pass-just-one-new-StandingRule
Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.
via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/
