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View Diary: Can "the People" Sue the US Congress? (106 comments)

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  •  The answer is 100% "No". Not at all. (0+ / 0-)

    You CAN NOT sue Congress, or the US Gov't as a whole, for policy decisions.  You also can not EVER sue individual members of Congress over laws or congressional actions.  You CAN sue if the execution of any bill would violate your constitutional rights, provided you can show standing.

    (But just to quickly clarify:  You do not have a constitutional right to Postal Service.  The constitution says the government will run it but does not guarantee anything)

    This would be like trying to sue because you think the tax rate is unfair and violates the "promote the general welfare" clause of the preamble.

    Or if specific regulations had a negative effect on you and you wanted to sue because no where in the constitution does it say that the government can do "X".

    The government can do ANYTHING it wants to, provided both houses pass an identical bill and it is signed by a sitting President.  EXCEPT for those very very specific things that the constitution says it can't: like limit religion practice, force you to quarter soldiers in your home, make you testify against yourself, legislate certain things that are province of the states, etc  These things are clear because they include phrases like "Congress shall make no law...", "No person shall..", "shall not be violated" etc.

    Outside of that Congress exists as a duly chosen body that acts as a representative of the population to do ANYTHING related to the Federal Government.  If the people disagree, then they change the people comprising that body to better represent themselves and their interests.

    There is over two centuries of uniform jurisprudence, starting with a letter from the very first Chief Justice to President Washington himself, that the Federal Judiciary CAN NOT and WILL NOT be used to try or air general grievances or moot points.

    There are thousands of people that agree with the sentiments of this diary.  Those people should campaign to raise awareness to get the issue revisited by the next congress.  They should also all vote accordingly to try to help bring this about because not a single damn one of them have, or ever will have, an ounce of standing to even ATTEMPT to bring this in front of a judge.

    Красота спасет мир --F. Dostoevsky

    by Wisper on Mon Dec 05, 2011 at 11:12:42 AM PST

    •  Except - there IS NO POLICY - that's where you're (0+ / 0-)

      wrong.

      You keep spouting on here that Congress has a Policy that they keep overpayments to the Treasury and YOU ARE WRONG.... there is NO SUCH POLICY.

      Then you say Congress can't be sued for Laws they write - I think cc made it clear in the Diary that there is NO CURRENT LAW that allows Congress to keep overpayments.

      That's the whole point - there is NO policy and there is NO law allowing Congress to keep the overpayments by the Postal Workers.

      In fact, if you read the Diary, Darrell Issa is trying ... trying .. to pass such a law -but no such law exists right now.

      Why don't you send an email to your pals you sent to post here and tell them to READ THE DIARY BEFORE THEY POST so they don't sound foolish when they post non-sense.

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