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February 27, 2024
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Consider House Speaker Nancy Pelosi’s creation of “proxy voting,” which facially violates the Quorum Clause of the U.S. Constitution.

U.S. Constitution Article I, Section 5, Clause 1:

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.

Although not explicit, the historical precedent and practice was that members of the House must be physically present to vote on legislation.

Following Rahm Emanuel’s famous dictate, “Let no crisis go to waste,” House Speaker Nancy Pelosi introduced a temporary rule change that maintained her Democrat majority during the Covid-19 pandemic by allowing members of the House to vote remotely by proxy, meaning they could authorize another member physically present in the chamber to cast their vote on their behalf.

H.Res.965 - Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus, and for other purposes.116th Congress (2019-2020)

This resolution authorizes and otherwise sets forth procedures for remote voting by proxy in the House of Representatives and provides for official remote committee proceedings during a public health emergency due to a novel coronavirus (e.g., the virus that causes COVID-19) for a 45-day period. Based on the status of the public health emergency, the 45-day period may be extended for an additional 45 days or terminated earlier. <Source>

The Resolution was passed on May 15, 2020, by the House in a Roll Call Vote (217-189 with 24 not voting) with virtually no Republican participation.

Texas files a Court objection to the proxy vote that led to the passage of the $1.7 Tril­lion Consolidated Appropriations Act of 2023 fed­er­al Fund­ing bill passed uncon­sti­tu­tion­al­ly with less than half of U.S. Con­gress phys­i­cal­ly present and its impact on Texas.

The opinion appears to uphold the unconstitutionality of the proxy voting provision but does not carry the weight of the U.S. Supreme Court.

OPIN-HDRFor over 235 years, Congress understood the Constitution’s Quorum Clause to require a majority of members of the House or Senate to be physically present to constitute the necessary quorum to pass legislation.

This rule prevents a minority of members from passing legislation that affects the entire nation.

But despite the Constitution’s text and centuries of consistent practice, the House in 2020 created a rule that permitted non-present members to be included in the quorum count and vote by proxy.

Pursuant to that novel rule, the House passed a new law included within the Consolidated Appropriations Act of 2023, and that particular provision affects Texas. Like many constitutional challenges, Texas asserts that this provision is unenforceable against it because Congress violated the Constitution in passing the law.

In response, the defendants claim, among other things, that this Court has no power to address the issue because it cannot look to extrinsic evidence to question whether a bill became law. But because the Court is interpreting and enforcing the Constitution—rather than second-guessing a vote count—the Court disagrees.

The Court concludes that, by including members who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.

<Source: Case 5:23-cv-00034-H Document 110 Filed 02/27/24>

Bottom line…

What value are the Courts if their rulings are ignored or delayed for years after the damage has been done and there is no meaningful remedy?

Supreme Court rejects Biden student loan forgiveness plan

President Biden does not have authority to implement his roughly $400 billion program to forgive student loan debt, the Supreme Court ruled Friday, issuing another blow to the administration’s bold claims of power in the final decision of the court’s term.

By afternoon, Biden announced a “new path” for loan forgiveness and started a federal rulemaking process, which could take months.

Biden contended that his administration had the authority to forgive student loan debt under the Higher Education Relief Opportunities for Students Act of 2003. That law allows the education secretary to waive or modify loan provisions in response to a national emergency, such as the pandemic. <Source> [OCS: Another crisis-driven program.]

Or, even more egregiously, a lawless regime deliberately ignores a Court ruling, knowing that the Court lacks any independent enforcement power and that the constitutional officers with a sworn duty to preserve, protect, and defend the Constitution of the United States are regime puppets.

We are so screwed if “We the People” do not clean house (pun intended) and remove the progressive communist democrats from office in 2024.

-- Steve

“Nullius in verba”-- take nobody's word for it!
"Acta non verba" -- actions not words

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell

“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar

“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS