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New Mexico Legislature to get impeachment bill

Fri Jan 12, 2007 at 12:49:00 PM PDT

Many of you may remember the discussions we had last year about the concept of the "state-based" impeachment procedure, based on the notes in Jefferson's Manual, which indicate that impeachment proceedings may be initiated by the transmission of charges from a state legislature.

If not, a brief recap may be in order.

The transmission of charges from a state legislature must still be memorialized on the floor of the House by a Member. But if, acting on the instructions of his or her home state legislature, a Member of the House does in fact raise a direct proposition to impeach, the matter is highly privileged, "and at once supersedes business otherwise in order." It would, under the rules, be entitled to one hour of debate, after which it would be subject to a motion to table, or send to committee for further investigation (or, alternatively, death). But if the charges are carried to the floor by a Member of the House, impeachment is the order of the day. Or at least the hour.

Last year's discussion of the procedure led to the adoption of local resolutions in dozens of locations across the country, and ultimately the introduction of bills in the legislatures of four states: Illinois, California, Vermontand Minnesota (where it was introduced by then state-Rep., now Congressman, Keith Ellison).

For consideration of the political implications of bringing such a resolution to the floor, I refer you to the above-linked diary on the subject. At the moment, the focus needs to be on this:

State Senator Gerald Ortiz y Pino (D-Albuquerque), along with cosponsor John Grubesic (D-Santa Fe) will be introducing such an impeachment resolution when the 2007 session of the New Mexico Legislature convenes next week.

Democrats control both houses of the legislature: 24-18 in the Senate; 41-28 in the House. The signature of the Governor of New Mexico, Democrat Bill Richardson, is not required. Richardson is a candidate for the Democratic nomination for President in 2008.

The resolution text follows:

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A JOINT RESOLUTION

PETITIONING CONGRESS TO COMMENCE THE INVESTIGATION OF AND IMPEACHMENT PROCEEDINGS AGAINST PRESIDENT GEORGE W. BUSH AND VICE PRESIDENT RICHARD B. CHENEY.

WHEREAS, George W. Bush and Richard B. Cheney conspired with others to defraud the United States of America by intentionally misleading congress and the public regarding the threat from Iraq in order to justify a war in violation of Title 18 United States Code, Section 371; and

WHEREAS, George W. Bush has admitted to ordering the national security agency to conduct electronic surveillance of American civilians without seeking warrants from the foreign intelligence surveillance court of review, duly constituted by congress in 1978, in violation of Title 50 United States Code, Section 1805; and

WHEREAS, George W. Bush and Richard B. Cheney conspired to commit the torture of prisoners in violation of Title 18 United States Code, Chapter 113C, the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Geneva Conventions, which under Article VI of the United States constitution are part of the "supreme Law of the Land"; and

WHEREAS, George W. Bush and Richard B. Cheney acted to strip American citizens of their constitutional rights by ordering indefinite detention without access to legal counsel, without charge and without the opportunity to appear before a civil judicial officer to challenge the detention, based solely on the discretionary designation by the president of a United States citizen as an "enemy combatant", all in subversion of
law; and

WHEREAS, in all of this, George W. Bush and Richard B. Cheney have acted in a manner contrary to their trust as president and vice president, subverting constitutional government to the great prejudice of the cause of law and justice and to the manifest injury of the people of New Mexico and of the United States of America; and

WHEREAS, petitions from the country at large may be presented by the speaker of the United States house of representatives, according to Clause 3 of House Rule XII; and

WHEREAS, Section 603 of Thomas Jefferson's Manual on Parliamentary Practice and of the Rules of the United States House of Representatives states that impeachment may be set in motion by charges transmitted from the legislature of a state;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that George W. Bush and Richard B. Cheney, by such conduct, warrant impeachment and trial and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States; and

BE IT FURTHER RESOLVED that the New Mexico congressional delegation be requested to cause to be instituted in the congress of the United States proper proceedings for the investigation of the activities of George W. Bush and Richard B. Cheney, to the end that they may be impeached and removed from their offices; and

BE IT FURTHER RESOLVED that the secretary of state be instructed to certify and transmit to the speaker of the United States house of representatives and the clerk of the United States house of representatives, under the great seal of the state of New Mexico, a copy of this resolution and its adoption by the legislature of the state of New Mexico. The copies shall be marked with the word "Petition" at the top of the document and contain the original authorizing signature of the
secretary of state.

Tags: New Mexico, Gerald Ortiz y Pino, John Grubesic, impeachment, George W. Bush (all tags) :: Previous Tag Versions

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