Are Constitutional Violations a Crime?

[Keith Broaders]

If a Senator or Representative votes in favor of legislation that violates provisions of the Constitution and/or the Bill of Rights, has that individual committed a crime and should they be punished or removed from office?

Please post your comments in the section below.

What is Your Opinion?

 

 

[Carl Swensson]

As my Patrick Henry Board of Review grows its numbers we will be looking into all actionable items that show up on our radar. For me, the first one will be to get the City Council to replace (i'll pony up for it) those admiralty flags at City hall and get a resolution on the table to cease and desist in the purchase of them. They take an Oath to the Constitution so lets have flags flying over City business meetings.Next will be the meeting with our City Magistrate, attended by decently sufficient number of like minded people for the same purpose. Remove and replace those Gold fringed flags in our City court rooms. I know it may not seem like much but it does create a reference point for the people of this City and County to turn to when discussing matters of Constitutional import. Symbols mean a great deal to us and to them.

[Carl Swensson]

If someone can kindly insert four more hours in each day I could arrange a meeting with my Shefriff this week. Its been on my to do list for the past couple of weeks.

[Joe brown]

Yes. It is the crime of perjury and maybe usurpation.

[Michele D. Messenger]

Absolutely. It is an act of treason.

[Joyce Cream]

Yes.

[Nan M Nicoll]

Yes.  All legislation should pass Constitutional scrutiney. ANyone who has sworn to uphold the Constitution and does not should be tried for committing a crime because they have.

[Jon Roland]

Perjury of oath in general is a common law crime, but under the Constitution there can be no common law crimes, because they would violate the prohibition against ex post facto laws. In common law crimes the crime is defined by the final order of the court, which happens after the alleged offense, so it is always ex post facto. I discuss all this at http://constitutionalism.blogspot.com/2013/06/a-defect-in-constitut...

Stop wishing you could prosecute officials for crimes when their actions are not crimes under U.S. law. Your only recourses are voting them out of office or revolution, and for either you need massive public support, which you don't have and aren't doing enough to get.

[Nan M Nicoll]

Thank you for the information.  Obviously I am a novice when it comes to discussing law. I am starting an education on common law so my arguments hopefully will improve with my education.

[Joe brown]

Perjury is violating an oath. Perjury is a crime. Therefore, violating an oath by, for example, voting for color of law is a crime whether directly in writting or not. U.S. Code about color of law:

            title                        section(s)

             42              1971(2), 2000bb(1), 2000cc(b), 1973i(a)(b), 1973f(a)(A)

             18              242, 2340(1), 1111(6), 249(a)(1)

             50             1809(a)(1) and (2), 1827(a)(1) and (2)

              7              1933(b)

             10              948r(a)

             26              7214(a)(1)

[Terry Trussell]

Hey Joe, I think Jon Roland may have you on this one. The mistake you and I, as non-lawyers make, is believing laws mean what they say. Laws are mostly written by lawyers and like many software programs, often include a 'back door', which allows the laws to manipulated by those paid to do just that. I learned that lesson when a convicted felon entered my property through an unlocked upstairs window using a step ladder. He took valuable items from me, and left. When he was caught with the items he was released because: 1. He did no damage to my property when entering; 2. I couldn't prove he intended to 'permanently' deprive me of my property. Remember what Shakespeare wrote: 'First, we kill all the...".

[Joe brown]

This is how your case was treated. Usually people caught with stolen property get arrested and then tried. Cops should have gotten finger prints of him and your fixtures that he touched. Justice in not consistent.

Perjury is a crime regardless of what type of law it is called.

[Skip Peters]

I think the Constitution is the law of the land any one that brakes the law is arrested and has to go before the judge and his peers. Why should it be different for elected leaders. The Constitution is, or it is not the law. I believe those that signed in gun laws should have been remove at once from there seat of power.