House Votes May 15, Emergency Citation Wrong, Vote Illegal & Unconstitutional

The President’s covid-19 national emergency was issued March 13 2020 under 50 USC §1621 (Chapter 34 National Emergencies Act). The House waited to 2 months after a national emergency proclamation to amend Rules of the House. The House passed H.Res. 965/967 allowing proxy voting under the pre-text of a national health emergency, covid-19, without citing accurate legal authority. The House did not follow existing Rules and violated their amended Rules. The May 15 2020 Floor votes lacked a quorum and were unlawful, unconstitutional.

1. The March 13 2020 covid-19 national emergency was issued under 50 USC §1621 (Chapter 34), reported to Congress and entered in the Federal Register as Proclamation 9994.

1. Congress has not amended 50 USC §1621 to include Proclamation 9994 for the covid-19 national emergency.

1. No national emergency proclamations amendments are noted within 50 USC Chapter 33 War Powers Resolution.

1. H. Res. 967 cites 50 USC §1546 of the War Powers Resolution (Chapter 33) to exempt number of days to act on legislation. Neither H.Res. 965/967 cite 50 USC §1621 or Proclamation 9994.

1. The House of Representatives waited two months after Proclamation 9994 was issued to recommend quorum and proxy voting rule changes. At the discretion of the Speaker, Representatives were directed to work-from-home without due consideration of the quorum rules.

1. H. Res. 965 quorum rule changes cite recommendation of the Attending Physician, but does not fulfill Rule XX requirements for report by Sargent-at-Arms of incapacitated members or those incapable of attending.

1. No House members have been incapacitated by the covid-19 national emergency. Work-from-home directives were at the discretion of the Speaker.

1. H.Res. 965 amends the quorum rule but a quorum was not present for the resolution Floor vote.

1. Rules of the House Rule XX requires a quorum for a Floor vote on legislation.

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

1. The May 15 2020 video stream of the House Floor and tally of Not Voting (NV) clearly indicated less than a majority of members were present that day; a quorum was not present for Floor votes.

1. H. Res. 965 cites the proxy vote rule shall be in effect for 45 days upon designation.

1. H. Res. 967 cites effective dates allowing proxy voting as May 19 2020 - July 21 2020. The resolution does not specify a date before May 19 2020. No rule change authorizing a method of proxy voting had been passed prior to the H.Res. 967 Floor vote.

1. H.Res. 965 providing rule changes for proxy voting was passed after H.Res. 967 which established the effective dates for proxy voting. The May 15 2020 vote on H.Res. 965 violated the Rules change of H.Res. 967 and the 45-day period specified in H.Res. 965.

1. H. Res. 965/967 votes were invalid as the existing quorum and voting rules were still in effect.

1. The House could not amend the Rules as it did not accurately cite the national emergency proclamation authority, follow existing Rules of the House or have a quorum to conduct the Floor vote.

1. 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 May 15 2020 to conduct a Floor vote.

Conduct by some members of the House of Representatives during May 13 2020 – May 15 2020 could be viewed as Seditious Conspiracy to subvert and hinder the proper function of government (18 USC §2384: Seditious conspiracy). The House of Representatives has not amended existing legislation reflecting Proclamation 9994, inaccurately cited existing legislative authority, and violated:

U.S. Constitution

Rules of the House

Proposed Rules changes of H.Res 965

Proposed Rules changes of H.Res. 967.

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>>9219101

House Votes May 15, Emergency Citation Wrong, Vote Illegal & Unconstitutional

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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

50 USC Ch. 34: NATIONAL EMERGENCIES (all Sections)

https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter34&edition=prelim

50 USC Ch. 33: WAR POWERS RESOLUTION (all Sections)

https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter33&edition=prelim

House Resolutions:

H.Res.965 - Authorizing remote voting by proxy

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

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

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 9994 covid-19 national emergency

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

also:

https://www.federalregister.gov/documents/2020/03/18/2020-05794/declaring-a-national-emergency-concerning-the-novel-coronavirus-disease-covid-19-outbreak

>>9219195

1. A majority of Representatives were not present to cast votes Friday. A majority of members constitute a Quorom as stated in the Constitution and the House Rules.

1. The Resolutions did not cite their legal authority to change rules. The legal authority would be Proclamation 9994 National Emergency due to covid-19.

1. Congress is responsible for updating amendments in law. Proclamation 9994 was not posted as an amendment to 50 USC Sec 1621.

1. Congress cites the War Powers Resolution under 50 USC Chapter 33 as a legal authority. The national emergency due to covid-19 falls under 50 USC Chapter 34 National Emergencies.

1. The Resolutuion 967 stipulates proxy voting will be conducted May19 - July 21. So proxy votes were not yet allowed on May 15.

1. The Resolution 965 states the rule change for proxy voting is 45 days (working days). Since votes were held on May 15, the 45 day period and May 19-July 21 period conflict.

1. To change the quorum rule, they must cite the emergency and report which members ar incapacitated, unable to attend or missing. No report is available. Those working from are not incapable of attending. They did not cite the Proclamation or the law under which the emergency was issued.

1. The existing House rules for a quorum and voting were still in effect. There were insufficient House members in Washington to authorize a vote.

1. To change the rules, a majority of members would have to be present to vote on the changes. The Speaker had directed members to work-from-home for convenience. The voted by proxy on 967 to establish the date period but had no rule for proxy voting. 967 also allows for voting on HR 6800 by proxy but it was before proxy rules were approved and the period allowing proxy votes. They then voted by proxy for 965 which states how proxy voting is conducted. 965 also states a 45 day period. Any other votes on May 15 would be outside the 45 day period May 19-July 21. So they should not have voted on HR 6800.

Essentially, despite voting on rule changes, there were not enough members to conduct business so the existing rules were still current which did not allow proxy votes.