From: pjm@ionia.engr.sgi.com (Patrick May)
Date: Fri, 14 Jul 95 11:31:42 PDT
To: cypherpunks@toad.com
Subject: Re: Legislation question...
In-Reply-To: <199507140331.AA07147@tyrell.net>
Message-ID: <199507141831.LAA07706@ionia.engr.sgi.com>
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Perry E. Metzger writes:
 > BTW, in re suing congressmen
 > 
 > "The Senators and Representatives shall [...] in all cases, except
 > treason, felony and breach of the peace, be privileged from arrest
 > during their attendance at the session of their respective Houses, and
 > in going to and returning from the same; and for any speech or debate
 > in either House, they shall not be questioned in any other place."
 > 
 > The last part being operative.

Article VI

Clause 3. The Senators and Representatives before mentioned, and the
          Members of the several State Legislatures, and all executive
          and judicial Officers, both shall be bound by Oath or
          Affirmation, to support this Constitution; but no religious
          Test shall ever be required as a Qualification to any Office
          or public Trust under the United States. 

Does any mechanism exist for removing Oath-breakers from office?  Any
member of Congress who proposes or votes for (as distinguished from
"speech or debate") unconstitutional legislation has clearly violated
their Oath, and hence are no longer legitimate holders of the office.

     Would someone who refused to be "bound by Oath or Affirmation" be
allowed to take a seat in the Congress?  If not, why should an
Oath-breaker be allowed to?

     Yes, I know, they'll do whatever the hell they want.

Regards,

Patrick May

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