Tom Marino needs to read the Constitution

via Think Progress:  Congressman Tom Marino wants to impeach Harry Reid because he is mad about the budget or something.

MARINO: I’ve made a suggestion that we should at least start talking about impeachment. I had my office staff do it. But we cannot find anything that permits the House to bring impeachment proceedings against Harry Reid. There’s nothing in the legislation we can find at this point to force him to vote or come up with a budget or anything like that. His membership in the Senate can call for a vote of “no confidence,” but we can’t even get a Republican senator to do that.

The reason his staff can't find anything is because it doesn't exist. The House can't remove a member of the Senate.  Article I Section 5 of the Constitution says each house makes it own rules:

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Also there is nothing in the Constitution about a "no confidence vote." That can happen in the British Parliament but not the US Congress.

A few months ago 11th CD Congressman Lou Barletta stated that the President could veto a Constitutional amendment. Article V of the US Constitution says that an amendment must be passed by two thirds of the House and Senate then ratified by three fourths of the State Legislatures.

The President can not veto a Constitutional Amendment!

Barletta also wants to deny birthright citizenship guaranteed by the 14th amendment.

Keystone Politics:
H.R.140, the “Birthright Citizenship Act of 2013,” seeks to bar children of non-citizens born in the United States from gaining citizenship rights.

If this was applied retroactively I would not be an an American citizen as my grandparents were not American citizens when they came to the the USA . My Mother and Father would not be American citizens even they were born in this country to foreign born parents.

Bill Vinsko responds to Barletta

From the inbox:



The people of the 11th Congressional District need JOBS to help to balance their own budgets, while Congressman Barletta proves he is part of the know-­‐nothing, do-­‐nothing
Congress.


On Thursday, November 17, 2011, Congressman Lou Barletta (R-­‐PA-­‐11) issued a fundraising email to constituents of the 11th Congressional District of Pennsylvania which leads the great people of Northeast and Central Pennsylvania to believe that a The people of the 11th Congressional District need a congressman who is ready to lead and not to follow; someone who is truly an independent thinker, guided by principle and not party doctrine, but most of all, Northeast and Central Pennsylvania need a representative rooted in the law with a full-­‐understanding of the mechanics of government and legislating, because that is how one achieves results for his constituents and not points with extremist pundits. Balanced Budget Amendment to the United States Constitution is a “necessary step” to control government spending. Mr. Barletta then says “President Obama has already made it known that he will veto the Balanced Budget Amendment if it passes in Congress.”

This statement is embarrassing to the people of the 11th Congressional District, and an example of a Congress which is not only doing nothing, but, apparently is equally unaware of the procedure for a Constitutional Amendment. I find such an inaccurate statement alarming from a member of Congress who swore an oath to uphold and defend the Constitution. The President of the United States has no veto-­‐power over any amendment to the Constitution let alone a balanced budget amendment. A proposed amendment must pass both houses of Congress with a
2/3 majority and it is immediately referred to the state legislatures where 3/4 of state houses must approve of the amendment to ratify.

Article 5 of the United States Constitution sets forth the exact procedure for a Constitutional Amendment. In 1798, the United States Supreme Court in Hollingsworth v. State of Virginia, 3 U.S. 378 (U.S. 1798), stated that the President does not have a role in the formal amendment process.

This is why the American people are upset. We have to stop using politics and scare tactics and start to get things done. This is also another example of the current Congress catering to the extremists, and an example of Mr. Barletta using the politics of fear to mislead the people of his district in order to be re-­‐elected. 74% of the public may support the intent of balanced budgets and reducing the federal deficit, and I am one of them, but 100% of the people are fed-­‐up with the partisan politics that have raised the level of dysfunction in Washington to unprecedented heights.

Ironically, even if this version of the Amendment was to pass, it would not help create one small business in the district, it would not create one job for a resident of the district, and it would not reduce one dollar of the federal deficit. For us in the 11th Congressional District, this version of the Balanced Budget Amendment would likely force critical cuts to Medicare, Social Security and crucial Veteran’s programs.

The people of the 11th Congressional District need a congressman who is ready to lead and not to follow; someone who is truly an independent thinker, guided by principle and not party doctrine, but most of all, Northeast and Central Pennsylvania need a representative rooted in the law with a full-­‐understanding of the mechanics of government and legislating, because that is how one achieves results for his constituents and not points with extremist pundits.

Lou Barletta needs to read the Constitution

Congressman Lou Barletta sent me this email yesterday


Dear Gort --
This week, Congress will vote on a Balanced Budget Amendment to the Constitution. A Balanced Budget Amendment would put an end to Washington’s out of control spending.

In fact, it’s a measure 74% of Americans agree with, yet Washington Democrats are labeling those of us who support a balanced budget as “extremists!”Extremists?!?

Hardly. 49 of the 50 states have balanced budget requirements.

Decades of reckless spending brought us to the mess we’re currently in. You sent me to Washington to fix it. A Balanced Budget Amendment will do just that.

The solution to this problem isn’t complicated. If you’re spending more money than you’re taking in, you need to spend less of it. Unfortunately, Washington’s career politicians just can’t seem to control themselves so a Constitutional amendment is a necessary step.

President Obama has already made it known that he will veto the Balanced Budget Amendment if it passes in Congress.
--Lou

Article V of the US Constitution says that an amendment must be passed by two thirds of the House and Senate then ratified by three fourths of the State Legislatures.

The President can not veto a Constitutional Amendment!

In addition to learning what is in the constitution he needs to learn something about history and economics. A law is not needed to balance the budget because there was a surplus as recently as 2000 under our last Democratic President until the Republicans decided tax cuts were more important than balancing the books. If such a requirement existed in the 1940's the United States would not have been able to fight WWII or before that deal with the great depression.

How do you even define a balanced budget? It's a very technical question. Who would decide if the budget is actually in balance if there is a dispute, the Supreme Court? It would take years to get a ruling. Will there be exceptions for war or recessions? Yes, the states have a requirement to have a balanced budget but they issue bonds for projects such as building roads and bridges that can't be paid for out of current taxes. If this actually passes would it eliminate T-Bills and Savings Bonds?

The Constitution is about rights and processes not specific policies. Prohibition was a policy that was added to the constitution that had disastrous results and was later repealed. A budget is a policy document that should be decided in the political arena of Congress and elections.