Shutdown is not a "Political Strategy," but Violation of Constitution, Duties & Oath (from DKos)

[enough]

This diary by Patriot Daily News Clearinghouse at Daily Kos discusses an issue that isn't getting broad attention. That is the unconstitutional nature of the actions of the House Republicans.

http://www.dailykos.com/story/2013/10/02/1243433/-Teabagger-Shutdown-is-not-a-Political-Strategy-but-Violation-of-Constitution-Duties-Oath

Teabagger Shutdown is not a "Political Strategy," but Violation of Constitution, Duties & Oath

As President Obama stated, the GOP teabaggers "threatened a government shutdown or worse unless I gut or repeal the Affordable Care Act." Teabaggers call the shutdown a "political or legislative strategy," trying to transform their unconstitutional conduct into just politics as usual. ACA went through our Constitutional legislative process and was signed into law. The U.S. Supreme Court upheld ACA. The 2012 presidential election presented voters with the choice to vote for the nixing of ACA by electing Romney. The House also tried to repeal ACA with votes. Having failed with the lawful means to repeal ACA, the GOP teabaggers focused on a shutdown and defunding to repeal ACA, a process not sanctioned by our Constitution. We should call them out as law violators, not provide them cover by calling this "political strategy." If the GOP continue to push the envelope in order to create this "new" constitutional doctrine, then no law will ever be safe.

long snip>

So now teabaggers want to repeal ACA by defunding it backed by shutdown. Robert Reich explained to New Gingrich why our constitutional system does not allow repeal by defunding a law. Rather, the constitutional process to repeal a law requires both houses to enact a new bill that repeals the old and then President Obama must sign it:

Had we had more time I would have explained to the former Speaker something he surely already knows: The Affordable Care Act was duly enacted by a majority of both houses of Congress, signed into law by the President, and even upheld by the Supreme Court.

The Constitution of the United States does not allow a majority of the House of Representatives to repeal the law of the land by de-funding it (and threatening to close the entire government, or default on the nation’s full faith and credit, if the Senate and the President don’t come around).

If that were permissible, no law on the books would be safe. A majority of the House could get rid of unemployment insurance, federal aid to education, Social Security, Medicare, or any other law they didn’t like merely by deciding not to fund them.

snip>

more at link above

[flamingdem]

1. The teabaggers are stupid and don't know

or care how Gubmint runs. Their paymasters like it that way. In fact they may be less dangerous simply because they're dumb. Let's hope the Dems can run circles around them and take advantage of this for 2014

[kentuck]

2. That is true

I had not read that anywhere else?

[PADemD]

3. I don't understand why the Tea Party Republicans haven't been arrested for attempted extortion.

Are politicians exempt from extortion laws?