A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
Re: Dem lawmakers fleeing Texas
Posted: Thu Jul 22, 2021 2:09 pm
by clarionite
puma guy wrote: ↑Thu Jul 22, 2021 1:23 pm
A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
I think a few changes need to be made. Redefine the rules of quorum as whatever percentage needed for passage out of those members that bothered to show up during session. So they couldn't block things by leaving. And second, those that leave should be removed from office and not permitted to hold office again. And of course, those that leave to keep from performing their duties should be stripped of their pay also, and possibly a fine.
puma guy wrote: ↑Thu Jul 22, 2021 1:23 pm
A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
I think a few changes need to be made. Redefine the rules of quorum as whatever percentage needed for passage out of those members that bothered to show up during session. So they couldn't block things by leaving. And second, those that leave should be removed from office and not permitted to hold office again. And of course, those that leave to keep from performing their duties should be stripped of their pay also, and possibly a fine.
I think that we could change the quorum to be a simple majority of the elected members , as in 50% +1. This would be the same as the Democrats eliminating the filibuster as it lets the majority party do what it wants.
But I do want to point out that this could really bite us later. Republicans will not always be the majority party in Texas. We need to be very careful of the changes we make to stop them from being used against us in the future. The Republicans did this with nominations after the Democrats removed the filibuster on them. I have never understood why the Republicans did not raise the filibuster back up to 67 for everything when they had the votes to do so. And that raises the real problem with us changing the quorum. It is written in the Texas Constitution (Article 3, Section 10). The filibuster is just a Senate rule that can be changed any time by a vote of the Senate. It takes a lot more to change the quorum rule for Texas.
puma guy wrote: ↑Thu Jul 22, 2021 1:23 pm
A questions for the legal minds here. Would an individual or group have legal standing to sue the missing Democrats for fraud by taking payment while not performing the duties for which they are being paid? Just curious.
I think a few changes need to be made. Redefine the rules of quorum as whatever percentage needed for passage out of those members that bothered to show up during session. So they couldn't block things by leaving. And second, those that leave should be removed from office and not permitted to hold office again. And of course, those that leave to keep from performing their duties should be stripped of their pay also, and possibly a fine.
I think that we could change the quorum to be a simple majority of the elected members , as in 50% +1. This would be the same as the Democrats eliminating the filibuster as it lets the majority party do what it wants.
But I do want to point out that this could really bite us later. Republicans will not always be the majority party in Texas. We need to be very careful of the changes we make to stop them from being used against us in the future. The Republicans did this with nominations after the Democrats removed the filibuster on them. I have never understood why the Republicans did not raise the filibuster back up to 67 for everything when they had the votes to do so. And that raises the real problem with us changing the quorum. It is written in the Texas Constitution (Article 3, Section 10). The filibuster is just a Senate rule that can be changed any time by a vote of the Senate. It takes a lot more to change the quorum rule for Texas.
Oh, I don't want to change it to a simple majority. I want to change it so they can't shirk their duty to prevent a quorum. If they decide they don't want to participate, they're not counted in the votes needed for a quorum. I think that's fair for either side.
Re: Dem lawmakers fleeing Texas
Posted: Fri Jul 23, 2021 2:09 pm
by aaangel
Pawpaw wrote: ↑Thu Jul 22, 2021 7:44 pm
There might be a bright spot in this...
Personally I Don’t really trust fist pumping with Kamala, Lindsey anymore! What happened with his investigation of comey and yates? Where’s Barr and Durham? Anyone? Bueller?
So one of the fleeing Democrats, Philip Cortez, returned to Texas to "improve the bill" and had direct talks with Republican leadership - and then went back to DC.
Why wasn't he arrested when he arrived and why wasn't he arrested before he could leave Texas again? Seems our Republican leaders ican talk a great game, but do nothing.
Re: Dem lawmakers fleeing Texas
Posted: Mon Jul 26, 2021 2:08 pm
by wheelgun1958
rtschl wrote: ↑Mon Jul 26, 2021 10:58 amWhy wasn't he arrested when he arrived and why wasn't he arrested before he could leave Texas again? Seems our Republican leaders ican talk a great game, but do nothing.
rtschl wrote: ↑Mon Jul 26, 2021 10:58 amWhy wasn't he arrested when he arrived and why wasn't he arrested before he could leave Texas again? Seems our Republican leaders ican talk a great game, but do nothing.
It's just a game to them, and we're the pawns.
yup our governor and repubs are all hat and no cattle. why cant they pull their collective heads out of the sand and play just as crappy as democrats
Request for opinion from the Texas Attorney General:
With this in mind, does our constitution or state statutes expressly allow for the vacating of
legislative seats or seeking a determination if legislators have vacated their legislative seats
when members deliberately deny the constitutional quroum (sic) requirement, announce
intentions to leave and remain outside the State the state in order to prevent the presiding
officer from compelling attendance, and have taken the oath of office?
