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Friday, February 17, 2006

Congressional Code of Conduct

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Congress has shown it's ineffective. What are needed are clear rules which mandate action to preserve the Constitution.

This Congress has failed to assert the rule of law. The nation needs to create credible rules that mandate action, not excuses for lawlessness.

To those who say, "This is not constitutional," then you admit: The Constitution is important, but Congress isn't doing what it should. You have no solution, nor can you credibly "defend the Constitution" by saying, "nothing can be done about violations of the Constitution."

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The American military has a set of rules. They are called the Uniform Code of Military Justice.

A similar system is needed for Congress. Congress needs rules that mandate action, standards of conduct, and impose legal sanctions for failing to protect the Constitution.

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Think back to the Magna Charta. That was simply a list of expectations the lords had when going to King John.

Then it was the Declaration of Impendence -- another list of grievances.

Today, it's the third wave: But this time instead of concerns with violations of people's rights, the issue is the violation of the Constitution.

What's needed is a list of reasonable standards of conduct which Congress will meet to protect the Constitution.

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The issue is simple: What is to be done when the Congress fails to protect the Constitution, and they assent to unlawful and unconstitutional conduct?

It's absurd to suggest "this is what has to happen" or "there are ethics rules." Those are meaningless and not enforced.

Some rightfully argue that it is up to the House to make the rules. Indeed, but when a body has rules that it does not enforce, then there is a problem.

Others point out that the Constitution does not give the States the power to make rules, or expel members. True, but what has failed doesn’t need to continue.

The way forward is to discuss the self-evident failings of Congress, and draft a set of rules the House needs to enforce. Whether these rules are ones the States create in a Constitutional Convention; or pass through an Amendment; or create under Article X, isn't the issue.

The point is that Congress has a job to protect the Constitution. They've failed to do that. They're assenting to unlawful conduct, and making agreements not to assert the rule of law. This needs to change.

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Let's consider the problem. Congress has rules which are not enforced. What's needed is a new mechanism to remind Congress they have to preserve the Constitution.

There should be situations where legislative immunity is qualified, just as under 42 USC 1983.

The key on this Congressional Code of Conduct is to introduce into the oversight process the states. Yes, the Constitution gives Congress the power to expel members; but the problem we have is that Congress despite having this power is not checking the Congressional assent to lawlessness.

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Let's consider some effective checks on Congressional rebellion against the Constitution, called the Congressional Code of Conduct.

A Member of Congress may be recalled at anytime to his home sate to answer charges of disloyalty to the Constitution.

2/3 of the states may vote to find that the Congress is in rebellion, and that the States will automatically transition to a Constitutional Convention to redraft the Chamber rules to create rules that will force Congress to do their jobs.

State officials at a Constitutional convention shall be free from interference and have the right to consult with anyone. Constitutional Conventions are to be treated like an open jury: Free to discuss the issues with anyone; but free from harm from treats. Constitutional conventions shall be free of Federal Government interference, threats, manipulation, and tampering.

Once the Executive admits they have failed to something that the law requires, a member of Congress cannot agrees to assent to compromises on the law; all agreements and cooperation attach to the member of Congress. A member of Congress once they assent to violations of the law and agree not to assert the rule of law are in rebellion against the Constitution and have waived absolute legislative immunity.

It shall be a crime to threaten to withhold anything value in exchange for Congressional assent to violations of the law.

There should be a new crime of "Threatened Congressional Slander to induce assent to lawlessness." A member of congress shall not be subject to retaliation by anyone -- through threats -- when they put their oath before all other loyalties.

A member of Congress may not agree not to enforce the law; nor remain silent or assent to violations of the law.

When the executive has a duty to do something, members of Congress shall not agree nor are they bound to remain silent to the Executives demand for silence, inaction over that infraction, violation, and/or threat.

A member of Congress shall have only qualified immunity when they assert through appropriation funds used for unlawful purposes, including funds for unlawful military action and operations.

A member of Congress -- as does the military -- shall make a report to their State governor and state assembly when they are aware of Federal war crimes, fraud upon the court related to matters of war, and executive frauds committed upon the court.

A member of Congress shall consult with sate legislators over matters of war crimes, executive fraud, and impeachable offenses.

A member of Congress -- when they opposite legislation or court action -- shall take action to ensure the facts when contradicting the evidence the court uses are brought to the courts attention for review of false claims; a member of Congress shall bring these facts to the attention of their state legislature for review. These matters shall include, but are not limited to issues of federal laws, war crimes, and fraud committed upon the court.

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The above are just a few ideas. The point is that the oaths of office need to mean something; and there needs to be an active requirement on Congress to do something when they are aware of violations of the law.

Today, it is clear we have the opposite: War crimes, but continued funding for that unlawful activity; and Executive violations of the law, but congress refusing to hold the Executive accountable to the rule of law.

Some point out that impeachment is merely a political exercise. However, this misses the point. Impeachment is designed to be a narrow sanction, not a license to assert -- because it is narrow -- that nothing is done.

We have a Constitution. Whether Congress does or does not want to protect it is an irrelevant and separate issue. They have no choice.

What's needed are rules that will impose on Congress sanctions if they fail to do what they should always do: Protect the Constitution and assert the rule of law.

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A congressional code of conduct -- if effectively administrated by the states -- will create a system to discipline members of Congress that assent to war crimes, do nothing over war crimes, and join others in Congress in rebellion against the Constitution.

This system will act as a state-level check on the Federal government so that the institutions and Constitution are preserved, not let to fall apart through neglect.

This code of conduct is to ensure the Congress remains responsive and watchful to Constitutional issues, implementing needed reforms to address defects; not use the defects as a green light to assent to unconstitutional conduct.

This system will mandate the Congress assert the rule of law.

The code of Conduct will act as a check when the majority of congress no longer honors the document from which they assert a right to assent to tyranny.

This system will dissuade members of Congress from using non-sense to get others to assent to war crimes, violations of the law.

The code of conduct will be there for the States to use and check the Congress when even the most intelligent legal minds refuse to preserve the Constitution, or assent to non-sense.

The Congressional Code Of Conduct will there will be a credible catalyst for action and challenge fraudulent information. This will help protect our constitution, ensure we are a civilized society, make policy based on facts, adhere to standards, and that our system is truly one that is a system of laws.