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Friday, January 19, 2007

Third Chamber, Conference Committee: Ensuring Bills Remain Constitutional

The Conference Committee introduced unconstitutional language illegall permitting the President to usurp legislative power on US Attorney appointments.

Reforms to the Conference Committee process could include mandatory debates; locking the bill in a static form, not permitted subsequent changes; and opening up public comments to the final conference committee version before the final vote.

Other reforms include creating a third chamber to review the Constitutionality; and compelling Members of Congress to certify in writing that they have read the bill before they debate or vote on the bill.

___ If Members of Congress do not read a bill, what is the basis for them to debate, vote on, support, or argue they are faithfully preserving the Constitution?

Answer: None, raising serious oath of office 5 USC 3331 issues.

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Some US Attorneys have been replaced without the required coordination with the Senate. Congress has no power to change the Constitution, nor delegate to the President power to usurp the power of Congress. The requirement for the President to get Senate approval is, as Geneva, a requirement which Congress has no power to waive.

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This President regularly ignores the Constitution. The approach he's taken is exploring ways to use the law as a guide for criminal activity, using the Constitution as a shopping list for powers to illegally usurp.

Oversight: Beyond US Attorney Positions

When we talk about the President ignoring the Senate approval requirement for US Attorneys, an interesting oversight question is:

___ What is required in the future to prevent these types of changes in the future?

___ What type of review does the Conference Committee make of these rules; and should the Conference Committee process be reformed to prevent enacting unconstitutional language?

___ To what extent has the President broadly interpreted this phony "we don't have to coordinate with the Senate"-rule to include any position?

___ Where else has this "We don't have to coordinate"-usurpation of power been applied?

___ What are the memoranda on expanding this activity to funding appropriations issues; temporary positions; appropriations bills that can only start in the House?

___ How has the President unconstitutionally usurped Legislative or Judicial power to make rules, conclusions of law, and self-administer programs the Congress has not been provided oversight?

___ To what extent has the President created secret programs, not coordinated with Congress, that delegate to him powers only delegated to Congress: The Power to raise and support combat-related forces?

___ How many other potions, outside the US Attorneys in DoJ, has the Senate unconstitutionally filled without the adequate coordination with Congress?

___ Beyond US Attorney positions, what other legislation has the President and Congress enacted that would unconstitutionally permit the President to something without required Senate concurrence?

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The Conference Committee Process could be changed to:

A. Certification

Require the Members of Congress to read the bill before voting on it; requiring them to certify in writing, prior to their vote, that they have read the bill, and have made a fully informed voting and debate position;

B. Third Chamber

Delegate the Constitutional review process to the Consulars in the third chamber of the Congress, outside the control of the Senate or House;

C. Constitutional Review

Require the Congress to review the Constitutionality of the bill; only Constitutional bills may be voted on; any usurpation of power by any other branch is the basis for any Member of Congress to challenge the bill;

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The new process to pass a bill would include several steps. These are designed to increase public oversight, facilitate accountability, and ensure the bill is Constitutional.

1. Mandatory Citizen Input Periods

Citizens would have the power and right to provide inputs and comments to the bill at any time. There would be two open periods: First after the bill is first introduced and the first debate begins; a second round of public inputs after the second debate and the conference committee agrees to the final language in the bill.

2. Mandatory Two Debate Rounds

Require two rounds of debates for each bill. The first round would review the bill language and introduce the bill. The second round would rely on the Citizen comments to the bill; and their inputs to the first round of debates.

3. Locking the Bill, Then Permitting Public Comments

Require the Conference Committee to agree to the language; then give the public 30 days to comment on the final bill before it goes back to the Senate and House for a final vote.