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Filibuster is Unlawful : US Constitution Article 6, Amendment 15

Originally Posted at http://my.barackobama.com/page/community/blog/davidbiagini

Messages also sent to President Barack Obama via White House

I am concerned that the current administration is unfortunately unwilling to stop the unlawful act of the filibuster, even though it would almost certainly ensure that the American Jobs Act would become Law.

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FiliBusted:

The performance of the filibuster is in violation of the allegiance to the Constitution of the United States and is therefore unconstitutional and is unpatriotic by countering an ethical flow of democracy and our government by discounting the voices of all others effectively working against the United States of America resulting, by definition, in an act of treason.

treason (dictionary.com)

2.    a violation of allegiance to one's sovereign or to one's state.
3.    the betrayal of a trust or confidence; breach of faith; treachery.

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Constitution of the United States:

~ Article VI - Debts, Supremacy, Oaths

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, 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.

~ Amendment XV

1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

2. The Congress shall have power to enforce this article by appropriate legislation.

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Oath of a US Senator:

I, ___ ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

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Duties of a US Senator:

The main duty of a US Senator is to represent his or her constituents in Washington.

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Filibuster is Unconstitutional:

It doesn't appear that the right to filibuster is expressed in the Constitution of the United States which, by Article VI, is the supreme Law of the Land. A right that is expressed in the supreme Law of the Land is that the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Therefore the right to vote supersedes the act of filibustering, and any intentional or unintentional act that denies the right to vote is against the supreme Law of the Land and is therefore unconstitutional and should be discontinued immediately.

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Interpretation:

A US Senator is a citizen of the United States.

A US Senator must support and defend the Constitution of the United States against all enemies, foreign and domestic (including other US Senators); and will bear true faith and allegiance to the same.

A US Senator must support and defend the right of any citizen of the United States to vote as per the 15th Amendment.

A US Senator is not allowed to deny the right of any other citizen of the United States to vote.

A US Senator is in servitude to his or her constituents, and this previous condition of servitude does not deny a right to vote and in fact should force the right to vote on behalf of his or her constituents.

A US Senator can not claim a monarchy over the senate of a democracy by choosing to deny others their right to vote. Stopping productivity is also a self serving waste of tax payer funds, for during a performance of filibustering there is no stop to wages and other expenses. During a filibuster it is an unfortunate circumstance that We the People are paying for a tale told by an idiot, full of sound and fury, signifying nothing. (William Shakespeare)

A US Senator must be allowed the right to vote on behalf of his or her constituents. Blocking the right to vote of any citizen of the United States is in violation of the 15th Amendment.

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There is a Need for the Filibuster:

Although the filibuster is in violation of the Constitution of the United States there is an important aspect to the filibuster in that it allows those of a minority mindset to stop a rush to action by the majority mindset allowing for a period of reconsideration. In our democracy this ability is very important to maintain, but it must be changed to allow for decisions to be made and for we the people to maintain our right to vote through the people we elect into office to voice our vote.

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Proposing a Filibuster Act:

A Filibuster Act would allow for minority intervention via a filibuster vote--not the traditional and unconstitutional and arguably treasonous idiocy that has filled the halls of government.

Any traditional filibuster or debate that results in the canceling of a vote on any bill will not be allowed. Any bill reaching the point of requiring a vote will be allowed to receive a vote. Immediately after a vote on a bill has been recorded, it will be determined if a filibuster vote will be allowed.

A filibuster vote will only occur if the bill did not receive at least a two thirds majority. If a bill does not receive at least a two thirds majority vote, but does receive a majority vote, the bill will enter into a stasis before ratification to allow for a filibuster vote to be taken. For a filibuster vote to stop a bill a certain percentage (ie 20%) of the majority votes must be reached. If a filibuster vote is successful then the bill will not be ratified and a new vote will be rescheduled and taken within one month.

Certain requirements must take place upon a successful filibuster vote. All who voted to filibuster must publish and press release specific reasons for the filibuster. Avenues must be opened for public opinions to be expressed and received by all who will vote on the bill at the rescheduled voting session.

If the bill has not changed as to be considered new during the period of reconsideration, then a new vote will be taken as scheduled and no filibuster vote will be allowed even if the bill receives a simple majority vote.

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Obviously any Filibuster Act proposed must include more than what I've expressed here. One difference might be that a filibuster vote should be allowed immediately following any passed bill. I am only a member of We the People who is tired of idiocy and waste and dismissal of ethics and integrity and public money by certain members of Congress who wish to keep our great United States of America down. We the People love our country and want the opportunity to be great participants. We the People want our Senators to want the same for US All--their constituents. Our Senators must not just perform duties for themselves and the few of their biggest donors.

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avid
David Biagini
VOID
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Voice Your Thoughts

Hey Everyone,

Check out http://CAQuarter.com and learn about how the Circulating California Quarter is actually a political favor for the Sierra Club.

Voice your opinions about the misappropriation of more than $125,000,000.00!

How do you feel?

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Ben & Jerry's Bursting Bubbles

Has anyone else noticed the air bubbles at the bottom of pint sized Ben & Jerry's ice creams? Well practically all of the latest pints I've purchased have had large pockets of air at the base of the container. I informed Ben & Jerry's of this problem a few months back, and they sent a very kind response that included an explanation that sometimes the automated equipment can error in filling which may cause air pockets.

Well I was out to purchase some more Ben & Jerry's, but when I picked up one of my favorites the bottom imploded. Each of the four Chunky Monkeys easily indented at the base giving a clear indication of a rather significant air pocket. So I opted not to get the yummy banana flavored ice cream and got a Coffee Toffee (Heath Bar Crunch) and a Chocolate Fudge Brownie. The Coffee Toffee felt solid at the store, but upon arriving home the slightly softened pint easily imploded at the base of the container.

I don't like to disgrace Ben & Jerry's because I absolutely love there ice cream, but I feel that in order to maintain profits for the shareholders, the company is sneaking air bubbles at the bottom of each pint. This may be one for a rather tasty Consumer Reports News Investigation, that will hopefully result in solid pints of ice cream for everyone to enjoy.

David

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