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Author Topic: The Constitution has a flaw about prosecution  (Read 1055 times)

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Offline unite for individuality

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The Constitution has a flaw about prosecution
« on: January 10, 2023, 05:46:40 pm »
How many times has Congress held hearings,
revealed solid evidence of government officials committing crimes,
referred the crimes and the evidence to the "Justice" Department,
and nothing more ever gets done about it?

That happens because the Constitution has a flaw. 
It puts the power of prosecution in the hands of the executive branch.
The chief prosecutor (the Attorney General, the Secretary over the Department of "Justice")
is appointed by the President, and confirmed by the Senate.
They will never appoint someone who is willing to prosecute THEIR crimes!

To remedy that, I propose a statute (or even a Constitutional Amendment!) such as,

"Whereas any violation of federal law by any federal official
harms the inhabitants of all of the several states,

The prosecuting agency of each of the several states
shall have jurisdiction to pursue criminal charges
against any federal official under any federal statute in federal court."
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Offline Bigun

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Re: The Constitution has a flaw about prosecution
« Reply #1 on: January 10, 2023, 06:16:47 pm »
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.



John Adams, TO THE OFFICERS OF THE FIRST BRIGADE OF THE THIRD DIVISION OF THE MILITIA OF MASSACHUSETTS, 11 October, 1798)
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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Smokin Joe

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Re: The Constitution has a flaw about prosecution
« Reply #2 on: January 10, 2023, 06:31:18 pm »
Quis custodiet ipsos custodes?

Still relevant.
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Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

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Offline DefiantMassRINO

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Re: The Constitution has a flaw about prosecution
« Reply #3 on: January 10, 2023, 06:37:22 pm »
The Executive only has powers granted by the Constitution or delegated by Congress.

Maybe Congress needs to stop delegating regulatory functions to the Executive.

Regulations are not laws.
Executive Orders are not laws.
Budget Reconciliation is not legislating.
Court Decisions are not laws.

Congress needs to do its damn job if the powers of the Executive and Judicial are to be curbed.

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Offline Hoodat

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Re: The Constitution has a flaw about prosecution
« Reply #4 on: January 10, 2023, 06:50:47 pm »
The flaw isn't with prosecution.  The flaw is Amendment XVII.  The Attorney is no longer confirmed by the States' legislative representatives.

The weakness is with the Fourth branch of government - the People - whom through their electors choose Presidents unwilling to oversee their own Justice Department.
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"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."

-Ayn Rand-

Offline Bigun

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Re: The Constitution has a flaw about prosecution
« Reply #5 on: January 10, 2023, 09:02:26 pm »
Quote from: DefiantMassRINO on January 10, 2023, 06:37:22 pm
The Executive only has powers granted by the Constitution or delegated by Congress.

Maybe Congress needs to stop delegating regulatory functions to the Executive.

Regulations are not laws.
Executive Orders are not laws.
Budget Reconciliation is not legislating.
Court Decisions are not laws.

Congress needs to do its damn job if the powers of the Executive and Judicial are to be curbed.

 :yowsa: pointing-up
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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline roamer_1

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Re: The Constitution has a flaw about prosecution
« Reply #6 on: January 10, 2023, 09:03:44 pm »
Quote from: DefiantMassRINO on January 10, 2023, 06:37:22 pm
Congress needs to do its damn job if the powers of the Executive and Judicial are to be curbed.

A Congress, jealous of its powers...
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