Attorney Advice Please: Can "We the People" Sue the House Repubs for this economic mess.

[barbiegeek]

Can we sue in a court of law the Tea Party House members responsible for the shutdown and failure to execute their job by creating a budget?

I'm not joking. Any Lawyers out there? If we can, how do we start?

[elleng]

1. No.

'Doing their jobs,' like it or not.

[dairydog91]

2. No.

You can't sue a Congresscritter for voting or refusing to vote on spending, because the spending power is theirs alone. The executive and judicial branches have zero authority to punish Congress's voting decisions.

[Cleita]

3. If it could be done, I'm sure someone would have done it by now. n/t

[The Velveteen Ocelot]

4. No.

Legislators are immune from suit for the dumbass stuff they do in the course of their work.

[Stallion]

16. Correct Answer

nm

[jberryhill]

5. No

You get to vote every two years.

Back up a step. Can "we the people" sue ourselves for electing them? No.

[Hassin Bin Sober]

24. You're an attorney. Maybe we can sue you for punitive damages that you are giving me.

[BluegrassStateBlues]

6. The Koch brothers should be retaliated against in every way possible.

I'm sure the DOJ could dig up something on that crooked duo.

[woodsprite]

7. Breech of contract? People are not being represented.

They were hired/elected to do a specific job. What about
the House Rules Committee -- who changed the rules to
make it impossible for our reps to represent their constituents.

[barbiegeek]

10. You are right. See there has to be something

[onenote]

22. The modification of the regular order for consideration of the CR

was approved by a vote of the entire Congress, after debate. Moreover, it was an action that has absolute protection under the Constitution (which unequivocally grants to each house of congress the right to determine the rules governing its proceedings.)

[Agnosticsherbet]

8. Members of Congress and state legislators are absolutely immune from civil lawsuits for their votes

and official actions.


http://legal-dictionary.thefreedictionary.com/immunity

[barbiegeek]

9. Dammit

[Stallion]

15. Correct

nm

[Manifestor_of_Light]

11. How about sedition?

http://www.huffingtonpost.com/andrew-reinbach/the-gop-shutdown-is-sedit_b_4079692.html

The law that probably applies here is 18 USC 1951, the Hobbs Act, which deals with extortion--a felony, as per the sedition statute. While Hobbs deals mainly with injury to individuals, it seems to me to be a small step to observe that every citizen of the United States is an individual, and the United States is being harmed -- although whether prosecutors would find it an exact fit is up to them, and not mere journalists like myself. You'll notice however that force is not necessarily defined as physical violence.

[AnotherMcIntosh]

12. The Hobbs Act is only enforced, if at all, by the Attorney General's office.

[Agnosticsherbet]

18. It is not sedition because they are using a power granted by the Constitution. It is abuse of power

as they are misusing their power. The only punishment for that is not to elect them again.

[AnotherMcIntosh]

13. Yes, you can sue. But expect to be hit with sanctions. See FRCP Rule 11 for example.

[longship]

14. Nope!

Read your Constitution.

[The Traveler]

17. Doubt it. But ...

I am wondering. Does a systematic effort to corrupt the processes of government for personal gain fall under the category of "racketeering"? Could RICO apply? (I'm an engineer ... not a lawyer. So this is just speculation fueled by an intense internal desire to watch the Koch brothers get thrown in the slammer.)

[SamYeager]

19. Nope, no can do.

[onenote]

20. No.

[GreenStormCloud]

21. You would throw away democracy and establish a judicial dictatorship.

You haven't thought your proposal all the way through. You are like someone who only thinks of their own next move in a chess game, and doesn't consider what the opponent can then do.

If your suit succeeded, then the other side could file suits against your side. You would end up with unelected judges telling legislators how to vote.

[Ranchemp.]

23. I'm only a Paralegal,

but my reading of the law and Constitution says absolutely not.