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Rep John Yarmuth (D-Ky) in hot water over his Article 1 button.

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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 12:13 PM
Original message
Rep John Yarmuth (D-Ky) in hot water over his Article 1 button.
Article I

Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Yarmuth and others have been wearing Article 1 buttons. For this the house parlimentarian has come down on him and his fellow Article 1 allies.

http://blog.washingtonpost.com/sleuth/2007/11/post_6.html


House Parliamentarian Vetoes Article 1

Who'd a thunk that a little 'ole button would get freshman Rep. John Yarmuth (D-Ky.) in such a pickle?
Yarmuth made up a bunch of small lapel buttons last month bearing the seemingly innocuous words "Article 1" when he began a walking civics lesson to remind folks that Congress, not the president, is Numero Uno under the Constitution. He thought the buttons would be the perfect subliminal message to his colleagues and the entire viewing audience of C-SPAN. And he enlisted a slew of members to join him in wearing the pins.

But now, just as the emasculated legislators are beginning to feel somewhat empowered again, comes... the button police. The House parliamentarian has told Yarmuth and his button battalion that they may no longer wear their Article 1 buttons during speeches on the House floor. People will just have to learn some other way that the Founding Fathers intended the elected officials under the dome, not inside the White House, to run the country.

According to the parliamentarian's office, the pins violate House rules that forbid the "wearing of badges by members to communicate a message." In other words, the buttons must come off. And with the buttons, so come the gloves. A ticked-off Yarmuth whipped off a letter this week to House Parliamentarian John Sullivan challenging the ruling and asking close to (but maybe not quite) a million questions as to why his button has been banned.

"If a simple mention of the founding document of the country constitutes a message, how does it differ from the wearing of the American flag?" Yarmuth asked in his letter, a copy of which he provided to the Sleuth. "Both, it seems to me, are simple acknowledgments of our nation. Certainly, the acknowledgment of Article 1 is not in the same category of messages as a button that reads 'Impeach Bush' or even 'Save the Whales,' which clearly violate the rule. However, any inference of partisan or policy intent in the Article 1 reference is no more reliable than the implicit intent of wearing a flag. In a similar vein, would a button that simply says 'U.S. Constitution' be in violation of the rules?"

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gilpo Donating Member (601 posts) Send PM | Profile | Ignore Tue Mar-18-08 12:17 PM
Response to Original message
1. Is the house parliamentarian a partisan position?
Edited on Tue Mar-18-08 12:17 PM by gilpo
Who appointed him? Seems like a rethug kind of thing to do.....
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gilpo Donating Member (601 posts) Send PM | Profile | Ignore Tue Mar-18-08 01:01 PM
Response to Reply #1
6. Found my answer... He serves at Pelosi's pleasure but was appointed in '94
The Senate Parliamentarian serves at the pleasure of the Senate Majority Leader, and functions under the direction of the Secretary of the Senate as a non-partisan employee of the Senate. The House Parliamentarian serves with the consent of the Speaker of the House, also in a non-partisan capacity, advising Members of both parties. The complexity of the job requires years of apprenticeship, and the leaders of both chambers have respected the institutional experience necessary to perform the job well. Sitting Parliamentarians hire their own assistants, and for decades, those assistants have advanced to the position of Parliamentarian when a vacancy has occurred.

The Parliamentarians in both chambers have as their key responsibility advising the Member of Congress presiding over the floor throughout a day's session. The Parliamentarian guides the Chair in formulating his responses to parliamentary inquiries and his rulings on points of order. In the House, the Parliamentarian on duty stands to the right of the Chair or sits very close by on the rostrum. In the Senate, the Parliamentarian sits on the lower tier of the rostrum just below the presiding officer. He is frequently seen swiveling around in his chair, which faces the Senate floor, to address the Senator presiding behind him. While the Member of Congress presiding is free to take or ignore the advice of the Parliamentarian, most abide by his guidance. Few Members have the independent body of knowledge regarding the chamber's procedures necessary to preside on their own. In the Senate, the Parliamentarian, and in the House, the Parliamentarian's Clerk, also keep track of the time when Members are allotted a specific number of minutes to speak.

The Parliamentarians also answer questions from individual Members and congressional staff on a wide variety of subjects, and on a confidential basis. For example, the Parliamentarians are asked to review drafts of bills prior to their introduction and drafts of amendments to ascertain they conform to the rules of the body. They help formulate points of order for Members wishing to mount a floor challenge. Perhaps the most time-consuming element of the job is to review all proposed bills and, based on their content, refer them to the appropriate committee of jurisdiction for legislative consideration. The parliamentarians also assist committees in preparing for and conducting hearings and mark-ups of legislation.

The Office of the Parliamentarian is also responsible for compiling and publishing at the start of each new Congress any changes to the rules of the chamber. They also compile and maintain the parliamentary precedents of the chamber.

Parliamentarians both apprentice for and serve in their positions for long periods. Developing the expertise required for the job is an extensive effort, requiring a law degree and years of watching parliamentary maneuvers play out on the House or Senate floors.

The House Parliamentarian, Charles W. Johnson, has served in the Office of the Parliamentarian for 33 years, and in the position itself since 1994. His predecessor, William Holmes Brown, served as Parliamentarian for 20 years, and Brown's predecessor, Lewis Deschler, held the position for 46 years! Mr. Johnson currently has a staff of six to assist him: two deputy parliamentarians, two assistant parliamentarians, and two clerks.

The Senate Parliamentarian, Robert Dove, has served as Parliamentarian since 1994, and also served in the position from 1981-1987, along with 14 prior years of service as an assistant parliamentarian. Mr. Dove has a staff of three. His immediate predecessor, Alan Frumin, served as Parliamentarian of the Senate for seven years, and now serves as Senior Assistant Parliamentarian. His earlier predecessor, Murray Zweben, was Parliamentarian for five years. Zweben's predecessor, Floyd Riddick served as parliamentarian for ten years, and authored the volume of significant Senate precedents still known as "Riddick's Senate Procedure."
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 08:06 PM
Response to Reply #6
20. He's got a tough job. He's got to justify any decision to the satisfaction
of over 400 lawyers.
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ayeshahaqqiqa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 12:17 PM
Response to Original message
2. Good for Yarmuth
About time someone on Capitol Hill insist that the Constitution be followed.
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Ken Burch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 12:19 PM
Response to Original message
3. Will somebody please tell me why our supposedly DEMOCRATIC speaker
would insist on this?

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Greyskye Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 12:24 PM
Response to Original message
4. kick for Article 1

:kick: & R
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 12:48 PM
Response to Original message
5. OK, so thay can't wear badges that convey a message.
Can they wear a colored bracelet with ARTICLE 1 on it? What about a neck tie?
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 01:05 PM
Response to Reply #5
7. No Article 1 pins? I say the flag lapel pin is partisan because it represents
slavish devotion to King George.
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 01:44 PM
Response to Reply #7
8. Agreed.
No pins means no pins.

But what about other items of aparal? Just looking for a workaround.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 01:48 PM
Response to Reply #8
9. Barney Frank wears a 14th amendment thong. Knowing it is there gives
him the confidence to stand up for what's right.
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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 01:54 PM
Response to Reply #9
10. ...
x(

I had just taken a sip of coffee when I read that!
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 04:02 PM
Response to Reply #10
13. Clean that keyboard!
Don't you know that caffeine is bad for your computer? ;-)
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 03:04 PM
Response to Reply #9
12. How do you know this?
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 04:05 PM
Response to Reply #12
14. Kiss me and I'll tell you.
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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 04:16 PM
Response to Reply #14
15. ...
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 05:14 PM
Response to Reply #14
16. Oh, you...
tee hee. :blush: etc...
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 08:03 PM
Response to Reply #16
19. Damn, the kid's still got it.
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burythehatchet Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 02:03 PM
Response to Original message
11. The ARticle 1 pin is officially
off the table
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 05:16 PM
Response to Original message
17. He should now sell them on his webpage.
Six or Seven bux mailed via USPS 1st class as a reelection donation. I'd buy one.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-18-08 06:00 PM
Response to Reply #17
18. I would too.
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