Why Don't we use the Constitution to Impeach?

[chemist308]

Our state constitution is CLEAR:

The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

Source: Article 1, Section 21 of the Constitution of the Commonwealth of PA.

So, why aren't we using this to impeach politicians on grounds that they have questioned our rights?

[imashooter2]

Because individual citizens cannot start impeachment proceedings?

[stephpd]

Politicians don't want to start something that most are guilty of violating.

Fox watching the hen house sort of thing.

Much like campaign finances (bribery). They don't mind legislation that restricts their competition but don't want to be held to the same standard.

[69chevy]

For years and years people have tried to influence things on a state and federal level, and I think to some degree it works in at least slowing down the leviathan, but it really isn't that effective, as the politicians just back off a little and wait for a more opportune time to push their anti constitution agenda.

I think most of us should be focusing on county level government. It's smaller, more manageable, and we would have a lot more effect with limited resources. If you can get patriots in to positions of power there (especially the Sheriff), you can simply tell the IRS, DEA, ATF that they won't be enforcing any unconstitutional laws. Get enough counties that respect the constitution, and then you can start to push the state legislators around by focusing on state reps.

[Pooch15825]

Because individual citizens cannot start impeachment proceedings?

Actually that is not quite right, individuals can supply evidence to a person in authority and that person can present the arguement for impeachment in the manner prescribed by law.

Before the House Judiciary Committee can put together the Articles of Impeachment, someone must initiate the impeachment procedure. Most often, this occurs when members of the House pass a resolution. Another method however, is for individual citizens to submit a memorial for impeachment.


Jefferson's Manual

Jefferson's Manual is a sort of interpretive guide to parliamentary procedure, and is included (along with the Constitution) in the bound volumes of the Rules of the House of Representatives. It is ratified by each congress (including the current one), and has been updated continuously through the history of our democracy.

Within the Manual itself, the section covering impeachment is designated Section LIII. Section 603 refers to the section of the entire volume (including the Constitution and Rules) in which you'll find the listing of acceptable vehicles for bringing impeachment motions to the floor. The second vehicle being of most interest to our method. It reads:


"In the House of Representatives there are various methods of setting an impeachment in motion: by charges made on the floor on the responsibility of a Member or Delegate (II, 1303; III, 2342, 2400, 2469; VI, 525, 526, 528, 535, 536); by charges preferred by a memorial, which is usually referred to a committee for examination (III, 2364, 2491, 2494, 2496, 2499, 2515; VI, 552); or by a resolution dropped in the hopper by a Member and referred to a committee (April 15, 1970, p. 11941-2); by a message from the President (III, 2294, 2319; VI, 498); by charges transmitted from the legislature of a State (III, 2469) or Territory (III, 2487) or from a grand jury (III, 2488); or from facts developed and reported by an investigating committee of the House (III, 2399, 2444)."

Memorial: "a written statement of facts accompanying a petition presented to somebody in authority"

Preferred: "to make a charge against somebody by submitting details of the alleged offense to a court, magistrate, or judge for examination, or prosecute such a charge"
(Source: U.S. Government Printing Office

Precedents:
Hinds - III, 2364, 2491, 2494, 2496, 2499, 2515
Cannon's - VI, 552)


House Rules that allow the for the submission of the memorial....

Petitions, memorials, and private bills

[110th Congress House Rules Manual -- House Document No. 108-241]

[From the U.S. Government Printing Office Online Database]

Petitions, memorials, and other papers addressed to the House may be presented by the Speaker as well as by a Member (IV, 3312). Petitions from the country at large are presented by the Speaker in the manner prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may present a petition from the people of a State other than his own (IV, 3315, 3316). The House itself may refer one portion of a petition to one committee and another portion to another committee (IV, 3359, 3360), but ordinarily the reference of a petition does not come before the House itself. A committee may receive a petition only through the House (IV, 4557).

Source: U.S. Government Printing Office

[Tacgunner]

So, let's do it! Anyone have a sample of how to write this up? Let's stop yapping about it and get the paperwork going. Let's not wait for them to enact anti-gun bills.

[kadar]

So, let's do it! Anyone have a sample of how to write this up? Let's stop yapping about it and get the paperwork going. Let's not wait for them to enact anti-gun bills.

Before you do it, you must also consider the successor to that position.

[imashooter2]

Pooch points out that any Joe can write a memorial. Fair enough, but they still can't start impeachment proceedings. Only our elected officials can do that. Note also that those posted rules appear to be Federal, not State.

Anyway, I highly recommend all interested parties write a memorial each day to be duly referred to committee for review.

[addicted2freedom]

Reinstate the Council of Censors and boot them out!

http://www.ljai.info/7.html

[chemist308]

Pooch points out that any Joe can write a memorial. Fair enough, but they still can't start impeachment proceedings. Only our elected officials can do that. Note also that those posted rules appear to be Federal, not State.

Anyway, I highly recommend all interested parties write a memorial each day to be duly referred to committee for review.

So we have the start of a plan of action. Who specifically shall we initially focus on? I recently wrote my district senator, but who should I be writing, and how should we formal this memorial?