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Response to AncientGeezer (Reply #7)

Tue Feb 12, 2019, 12:40 AM

18. Interesting but lets talk about it.

Thanks for the challenge.

You must agree the 10th refers to the powers delegated to each of the 3 governmental branches.

With repect to the 9th, it refers to rights, not powers. However, I believe you misread the 9th when you say "individual rights" which implies rights by individuals. That is not what the ninth means (or I am misunderstanding what you mean). The 9th refers to the rights for the president or congress has that appear in the constitution. For example, Article I, Section 5, second paragraph states: "Each House may determine the Rules of its Proceedings".

So the Senate (McConnell) made a rule not to bring a bipartisan bill to a vote, because the president said he would not sign it. Here is where I think the 9th comes into play. Normally that is a right for him to do so, because it is an expedient. However, if that bill is a stop-gap bill that would keep the government from having to shut down because of lacking appropriations, then he has construed his right to make a rule to deny or disparage a right of the others which were retained by the people, namely to collectively decide whether to cause a shutdown of the government under this constitution. As I tried to explain in an answer to a reply above, only 3/4th of the States can implement changes to the constitution like giving it the right to shutdown for lack of appropriations.

Besides that he may have violated his oath of office by not allowing the stop-gap bill to be voted on, I believe he may also have done the same by not following the procedure prescribed by the constitution, Art. I, Sect. 7, second paragraph. "Every Billl which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States;" Running to the president and asking him if he will sign the bill into law, and then killing the bill without a vote seems to be a clear violation of the concept of separation of powers built into our constitution. Moreover, had he passed the bill to a vote, 1/5th of the members present could have asked to have the Yeas and Nays made of record. Diligent voting citizens could then have used that record to determine which of the members of congress abide by their oaths and keep the government running or which cause reckless havoc. I believe knowing who does what is the essence of a democracy.

In regard to the inability of the president to withdraw funds without apppropriations, I am well aware of that. It is therefore urgent that an appropriations bill is passed. I believe that is an obligation of the current government (Congress and Executive) to correct an existing error in any law that allowed the operations that would be affected to run out of funds in the first place. I read the article you cited. Nevertheless I am not convinced that any shutdown is not an act outside of the powers of the government and a wrong committed agains the people of the United States.

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Huin Feb 2019 OP
brooklynite Feb 2019 #1
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Major Nikon Feb 2019 #9
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manor321 Feb 2019 #4
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AncientGeezer Feb 2019 #7
LineLineReply Interesting but lets talk about it.
Huin Feb 2019 #18
AncientGeezer Feb 2019 #28
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