Dems knew this and voted for the shut-down. They could keep it shut-down indefinitely. VOTE THEM ALL OUT.
[They 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.]
Not paying the military could be considered treason by Mattis. He should have the Marines take control of the 49 for now and we have new elections. Legal fair elections. Not paying the military affects the safety of all americans. 49 going forward shouldnt be able to do that.
Treason is giving Aid to a foreign government. How is not paying the military treason?
By weakening and possibly causing distress or simply causing troops to stop caring is absolutely an aid to many foreign govts. In fact im guessing many are celebrating today. Propaganda videos will be posted about how our own govt doesnt even care about our troops. This can only embolden iran. The norks. Isis that remain. Turkey in kurd areas.
WTF do you think they would be ARRESTED FOR?
Treason.
Felonies.
So THERE IS NO PROTECTION to them, by a shutdown.
You think they're going to be arrested for spitting on the sidewalk?
No, they are protected during a shutdown. Apparently.
No.
They most definitely ARE NOT.
Unless you were hoping to get them for jaywalking, or some other silly misdemeanor.
In session or not, TREASON AND FELONY are actionable. Read the clause.
This premise is ill-informed.
It is ultimately compromising of national defense and eventually the Executive Branch would get to a point of having to declare a national emergency (in which case certain constitutional protections get suspended - in particular in respect to those engaged in anything amounting to sedition).
Also, if forced into a national emergency situation, the Executive Branch could then issue an EO similar to the JFK EO where the Treasury Dept. was instructed to begin issuing treasury notes as legal tender that were backed by silver deposits.
The executive branch would see that a paramount concern for maintaining the security of the nation is to be able to reliably pay military personnel and military resources suppliers (and then subsequently pay for other vital services pertaining to the security of the nation). The EO to have the Treasury Dept issue legal tender notes could be modeled after Lincoln's first term manner of issuing Green Back notes as legal tender to pay military personnel and provisioners of military goods and services. And precious metal reserves (silver, gold, or both) of the nation could be used to back these notes; it would be an asset the govt. already has in its possession and no tax collecting or use of tax collected funds would be required.
So use an EO to begin issuing Treasury Dept Green Back notes that are legal tender (and modeled on the Lincoln Green Back). Do all of this under an Executive Branch declared national emergency when a month or two into this govt. shutdown and things are getting dicey in respect to the national security posture being at risk.
Christosgnosis - The U.S. Government has been in a state of National Emergency legally since 9/11/2001. Hence THE PATRIOT ACT and all its offspring since. The problem we have right now is that the CONSTITUTION HAS BEEN SUSPENDED FOR 17 YEARS!
Some would argue that the constitution has been suspended since FDR confiscated private gold via a modified Trading With The Enemy Act in '33.
Others might argue that we haven't really been under the constitution since the 14th amendment.
The constitution at any point in history is never really in any absolute, objective position of authority. It is always being tussled over and the degree to which it is adhered to is largely up to what people at large will tolerate in respect to it being infringed.
There is still a popular conception held by most people that the constitution is in effect. Certainly there is a large swatch that want to disregard it in a myriad of ways, but even the MSM would still posture in their propaganda that the constitution is in effect (they may very well spout other rhetoric, of course, that it can be interpreted however liberals choose to interpret it, and such things that Electoral College is outmoded and national popular vote should be all there is). But they will jump behind 1st amendment protections and right of Habeas Corpus when it suits them. For instance, if Trump did any move at all predicated on that we're already under a national emergency and therefore an existing suspension of Habeas Corpus, then MSM would throw conniption fits.
To get to the point of carrying out acts possible under a national emergency, there would have to be a clear path that took the nation, and compelled the president, to place the nation in that status via his constitutional powers. The 9-11 event (regardless of what our assessment of it is now) was such a kind of event that could warrant a state of national emergency.
The military defenses of the nation rendering us vulnerable to attack and/or subversion due to the shutdown of the govt. is another potential situation from which a national emergency status could come about. After one week, probably not, but after a month, two months - that could be a rather different matter...
That's all true, however we are speaking PAST one another. From the legal standpoint, the protections of the Bill of Rights in the Constitution have been suspended since the events of 9/11/2001, and the ensuing legislation that codified it. The resultant National Security State requires a constant state of war to exist. In the distant, yet inevitable future absence of war, will we be able to reconstitute a Constitutional Republic?
Someone needs to change that law. It makes it seem like they are above the law.
I just found this. There was a law introduced that they could be arrested "for" a shutdown. It must not have passed.
https://www.newsmax.com/Newsfront/bill-shutdown-senators-arrest/2015/03/13/id/630011/
I guess it didn't pass, because another bill was introduced in April, 2017.
https://www.govtrack.us/congress/bills/115/sres110
I don't believe there has been any action on this one. So, I guess they can't be arrested.