[geekWithA.45]

I had an interesting insight as I drifted off to sleep.

The central question is: Is it actually illegal, as in there is a specific criminal charge that can be brought, against an official who violates their oaths to protect and defend the Constitution?

And if there is, I'd think that arresting some of the more flagrant congressional violators on said charges might do something worthwhile to get them to take the Bill of Rights seriously.

Now, I know it's not that simple, and I'd expect the courts to do something weasily, like say that the AWB doesn't infringe, but what if we were smarter than that, and proceeded on firmer ground, like arresting some congress scum who sponsored bills that SCOTUS shot down as being blatantly unconstitutional?

Just trying to think outside the box here....

[Ladybug]

Have no idea - my guess is no on the criminal charge... grounds for impeachment, recall (tee hee), etc. maybe. You would have to find a state with a fairly well-spelled out RKBA clause in their constitution, so they couldn't argue their way out of it (2A - bars federal legislation). Then of course you'd have to try to pin down THE guy responsible for the legislation, which of course you can't....

Anyway, interesting idea, would be nice if it were that simple.

[geekWithA.45]

Note: It needn't be RKBA related, and in fact, it's better if it isn't. The public would be more sympathetic if it where 1st or 4th amendment related

[TallPine]

Campaign Finance "Reform" would be an ideal issue.

So ... how do we go about impeaching the president and a majority of Congress ... ? :rolleyes:

I have my own ideas but will not elaborate.

[jato]

The central question is: Is it actually illegal, as in there is a specific criminal charge that can be brought, against an official who violates their oaths to protect and defend the Constitution?


Is this what you are looking for?:

Sec. 242. - Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death

http://www4.law.cornell.edu/uscode/18/242.html

Also:

Sec. 241. - Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death

[Dorian]

If only we would ever see those enforced.... *sigh*

[EWTHeckman]

Jato,

It seems to me that those sections you posted are entirely appropriate for application to those Congresscritters that violate the Constitution. Do you know how they are supposed to be enforced?

[jato]

Out here in California, it is part of Peace Officer training. I remember it from the sheriff's academy.

If a peace officer were to violate someone’s civil rights under the color of authority, 18 USC 242 could be used to prosecute said peace officer federally. I would have to check, but I think this was used at the "Rodney King beating" incident in LA (the 2nd time around, Federal Trial).

I am pretty sure the USC sections are rarely used. Someone correct me if I am wrong.

[geekWithA.45]

Seems we're gonna need that to hammer out a workable plan here....

edited to add:

of course I meant: LAWFUL workable plan.

That _IS_ the whole idea: we are a nation of laws, and the B of R is the HIGHEST LAW.