Reply #42: Bradblog: Is The Constitution Going To Be Used Against Democrats [View All]

[rumpel]

BLOGGED BY John Gideon ON 9/2/2006 10:29AM

Is the right-wing trying out a new tool; the US Constitution?
Let me preface this with a statement. I am not an attorney. I'm just a retired "knuckle dragger" (marine machinist). While I'm not an academic I do have the ability to read something and know what it says especially when it is written in clear English. I've also got a bit more common sense than most academics because I've had to exercise it throughout my life.

Any reader of The BRAD BLOG is familiar with the court decision from San Diego County. Essentially the judge ruled that he did not have jurisdiction because Bilbray was already sworn in as a member of Congress and the US Constitution gives the Legislative Branch jurisdiction over elections of their members.

Today's Nevada Appeal has an article regarding a court challenge that stemmed from problems in the GOP primary election for Congress. That race between Dean Heller, present Secretary of State, and Sharron Angle, was closely contested and Ms. Angle filed the challenge based on what she thought to be possibly illegal practices in Washoe County.


The judge threw out the case, not on a finding that the practices were not illegal but on a constitutional basis. The judge found that he had no jurisdiction, in part, according to Article 1, Section 5 of the US Constitution.

The pertinent part of Article 1, Section 5 says: "Each House shall be the judge of the elections, returns and qualifications of its own members,……..". Note the phrase "of its own members".


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