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Legislation question...

4 expanded posts ยท every known parent and child

NODE 17ccbc5dLegislation question...
I may be a bit behind the times, but I have a question
about the "ban crypto-anarchy" legislation as well as
the Exon amendment:

Isn't legislation in this country supposed to start in the
House and _then_ move to the Senate for approval?

Why are all of these bills going in the opposite direction?

Phil
NODE 5213dbbdRe: Legislation question...
On Thu, 13 Jul 1995, Phil Fraering wrote:

> I may be a bit behind the times, but I have a question
> about the "ban crypto-anarchy" legislation as well as
> the Exon amendment:
> 
> Isn't legislation in this country supposed to start in the
> House and _then_ move to the Senate for approval?

Only ones that involve money.  The House was given the Power of the Purse 
by the original Constitutional Congress.

Ben.
____
Ben Samman..............................................samman@cs.yale.edu
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and kindness from the unkind; yet, strange, I am ungrateful to those 
teachers.-- K. Gibran. SUPPORT THE PHIL ZIMMERMANN LEGAL DEFENSE FUND!
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NODE c249f195Re: Legislation question...
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Perry E. Metzger writes:
 > BTW, in re suing congressmen
 > 
 > "The Senators and Representatives shall [...] in all cases, except
 > treason, felony and breach of the peace, be privileged from arrest
 > during their attendance at the session of their respective Houses, and
 > in going to and returning from the same; and for any speech or debate
 > in either House, they shall not be questioned in any other place."
 > 
 > The last part being operative.

Article VI

Clause 3. The Senators and Representatives before mentioned, and the
          Members of the several State Legislatures, and all executive
          and judicial Officers, both shall be bound by Oath or
          Affirmation, to support this Constitution; but no religious
          Test shall ever be required as a Qualification to any Office
          or public Trust under the United States. 

Does any mechanism exist for removing Oath-breakers from office?  Any
member of Congress who proposes or votes for (as distinguished from
"speech or debate") unconstitutional legislation has clearly violated
their Oath, and hence are no longer legitimate holders of the office.

     Would someone who refused to be "bound by Oath or Affirmation" be
allowed to take a seat in the Congress?  If not, why should an
Oath-breaker be allowed to?

     Yes, I know, they'll do whatever the hell they want.

Regards,

Patrick May

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NODE 19ec1d8aRe: Legislation question...
Phil Fraering writes:
> I may be a bit behind the times, but I have a question
> about the "ban crypto-anarchy" legislation as well as
> the Exon amendment:
> 
> Isn't legislation in this country supposed to start in the
> House and _then_ move to the Senate for approval?
> 
> Why are all of these bills going in the opposite direction?

Legislation can originate in either house. The constitution says only
that 

"All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with 
amendments as on other bills."

This particular rule is often breeched in reality, by the way, but
there is no enforcement mechanism to stop it.

BTW, in re suing congressmen

"The Senators and Representatives shall [...] in all cases, except
treason, felony and breach of the peace, be privileged from arrest
during their attendance at the session of their respective Houses, and
in going to and returning from the same; and for any speech or debate
in either House, they shall not be questioned in any other place."

The last part being operative.

.pm