Anonymous ID: 319d22 May 17, 2020, 9:46 a.m. No.9211955   🗄️.is 🔗kun   >>1962

House Votes on H.Res. 965/967 and H.R. 6800 Cite Wrong Emergency, Illegal, Unconstitutional

 

The President’s national emergency for covid-19 was issued March 13 2020 under 50 USC Chapter 34 National Emergencies Act. The House passed H.Res. 965/967allowing proxy voting under the pre-text of a national health emergency, covid-19. The House waited to 2 months after a national emergency proclamation to amend Rules of the House. The House did not follow existing Rules, violated their amended Rules and the Floor votes were unlawful and unconstitutional.

 

  1. The covid-19 national emergency is issued under 50 USC §1621 (Chapter 34)

  2. H. Res. 967 allowing cites 50 USC §1546 of the War Powers Resolution (Chapter 33) to except number of days to act on legislation.

  3. H. Res. 965/967 cite recommendation of the attending physicians for the quorum change but does not fulfill Rule XX requirements for report of incapacitated members by Sargent-at-Arms.

  4. No House members have been incapacitated by the covid-19 national emergency.

  5. H.Res. 965 amends a quorum but there was not a quorum present to vote on the resolution.

  6. Rules of the House Rule XX requires a quorum for a floor vote on legislation.

  7. US Constitution Article I Section 5 Clause 1 requires a Quorum of a majority of members to conduct Business.

  8. The House did not have a quorum of members in Washington to cast votes on legislation.

  9. The May 15 video stream of the House Floor and tally of Not Voting (NV) clearly indicates less than a majority of members were present that day.

  10. The House could not amend the Rules to allow proxy voting because it did not correctly cite the national emergency proclamation or have a quorum to conduct the floor vote.

  11. H. Res. 967 cites effective dates to allow proxy voting as May 19 2020- July 21 2020. The resolution cites H.R. 6800 vote may be conducted upon passage but the (illegal) rule change is not effective until May 19 and no provision for proxy voting on May 15 provided.

  12. House passage of H.R. 6800 is invalid as it did not have legal authority to conduct a proxy vote and a quorum was not present to conduct a floor vote.

 

Cited legislation from 50 USC War and National Defense

 

50 USC 1621: Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation

From Title 50-WAR AND NATIONAL DEFENSE CHAPTER 34-NATIONAL EMERGENCIES

SUBCHAPTER II-DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

§1621. Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation

(a) With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.

 

(b) Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.

 

50 USC 1621

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621&num=0&edition=prelim

 

50 USC 1546: Congressional priority procedures for concurrent resolution

From Title 50-WAR AND NATIONAL DEFENSE CHAPTER 33-WAR POWERS RESOLUTION

§1546. Congressional priority procedures for concurrent resolution

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1546&num=0&edition=prelim

 

House Resolutions:

H.Res.967 - Providing for consideration of the resolution (H. Res. 965) authorizing remote voting by proxy

https://www.congress.gov/bill/116th-congress/house-resolution/967/text

 

H.Res.965 - Authorizing remote voting by proxy

https://www.congress.gov/bill/116th-congress/house-resolution/965/text

 

Rules of the House:

https://rules.house.gov/sites/democrats.rules.house.gov/files/documents/116-House-Rules-Clerk.pdf

 

House Floor Stream

https://live.house.gov/

 

March 13 Proclamation national emergency

https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/

Anonymous ID: 319d22 May 17, 2020, 10:22 a.m. No.9212456   🗄️.is 🔗kun

>>9212389

 

For their "security" Congress has FAILED to conduct the business of the people in a legal manner or in accordance with their Rules.

 

"Quorum to do Business"