Impeachment?

[IrishSon of Liberty]

Honestly though, I don't want one party running both the House and the Senate. And I don't want to impeach every one of these reps.

However, it's more like rattling the cage and getting their attention. I'd like for them to at least start putting pressure on them. I'd rather they just come back and do their job.

 

[1911Shooter]

Honestly though, I don't want one party running both the House and the Senate. And I don't want to impeach every one of these reps.

However, it's more like rattling the cage and getting their attention. I'd like for them to at least start putting pressure on them. I'd rather they just come back and do their job.

Very good point. I would love to see some action out of them. Dont run from the fight but come and voice your views like a real American.

 

[Compatriot G]

In the Senate, you just need all the Republicans to vote for impeachment, and you need to get six Democrats to cross over.

It may feel good to take an action, but you should evaluate whether that action has any possibility of having the effect you want.

I believe the Indiana Senate already has the required number of votes for impeachment. The Senate has a Republican super-majority. I believe the number is 37 Republicans to 13 Democrats.

 

[1911Shooter]

I believe the Indiana Senate already has the required number of votes for impeachment. The Senate has a Republican super-majority. I believe the number is 37 Republicans to 13 Democrats.

Well with that said, lets get to work on it.

 

[Bill of Rights]

In the Senate, you just need all the Republicans to vote for impeachment, and you need to get six Democrats to cross over.

It may feel good to take an action, but you should evaluate whether that action has any possibility of having the effect you want.

^^This. For them to be impeached in the first place, let alone found guilty in the Senate, 67 of 100 Representatives would have to vote to impeach. There are 40 Democrats in the House. Seven of them would have to vote to impeach another Democrat. I think the chance of that, especially when at least 34 of them are holed up in IL.

Bottom line: Chance of impeachment is a flat zero. So are recall elections: Indiana has no provision for them, and if you think the legislature is going to put them in place, I want to know what you're smoking and where I can get some.

Blessings,
Bill

 

[jsharmon7]

^^This. For them to be impeached in the first place, let alone found guilty in the Senate, 67 of 100 Representatives would have to vote to impeach. There are 40 Democrats in the House. Seven of them would have to vote to impeach another Democrat. I think the chance of that, especially when at least 34 of them are holed up in IL.

Bottom line: Chance of impeachment is a flat zero. So are recall elections: Indiana has no provision for them, and if you think the legislature is going to put them in place, I want to know what you're smoking and where I can get some.

Blessings,
Bill

Bill, as usual, I think you're spot on here. The only good this could possibly do is to send a message to the state. At least if it were attempted and our elected officials were forced to face it and vote it down, it would show that people are unhappy and tried to do something. How much that would mean remains to be seen.

 

[csaws]

They need time to review and write amendments (over 100) to the budget and voucher bills. That takes time. If they were here they wouldn't be able to write the amendments because they would be forced into a vote.

I am gonna go out on a limb and suggest you are younger than 30 and still believe most of the people elected really do look out for you and your interests and that those that fled to Illinois really are "working".

Oh to be young again, oh wait no i'll take older and wise than younger any day.

 

[csaws]

It seems all politicians are corrupt to some extent. I'm also pretty sure this thread violates ingo policy.

^^^^ Clearly a democrat^^^^^

 

[SemperFiUSMC]

This thread would be much more interesting and on point if the Indiana Constitution and Indiana General Assembly rules governing qualifications, absence and removal were considered rather than the Federal Constitution or Indiana law that doesn't apply to the Assembly.

Members of the Assembly can't be impeached. They can be removed, but only by a 2/3 majority vote of the house in question.

The House Republicans don't have the votes to remove any Democrats. That's why the Senate Democrats didn't leave - they could be removed by the Republicans.

My question is why the Speaker hasn't compelled attendance yet.

Indiana Constitution

Section 11. Quorum

Section 11. Two-thirds of each House shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing, shall be entitled to no compensation, from the end of the said five days until an organization shall have been effected.
Section 14. Discipline of members

Section 14. Either House may punish its members for disorderly behavior, and may, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.

Rules of the House

http://www.in.gov/legislative/session/houserules.pdf

Interesting bits.

4. Power of Less Than a Quorum to Compel Attendance. Seven (7) members with the Speaker or Speaker Pro Tempore, or eight (8) members in the absence of the Speaker and Speaker Pro Tempore, one member of the majority of whom they shall elect acting Speaker, may call the House to order, compel the attendance of absent members, make an order for their fine and censure and adjourn from day to day until a quorum is in attendance.​

36. Attendance. No member shall be absent from the service of the House unless excused by the Speaker, is sick or is unable to attend.​

49.1 A member who is absent from the House without excuse may, by order of the members present, be sent for and taken into custody wherever found by the Doorkeeper or other person appointed for that purpose.​

 

[Doug]

My question is why the Speaker hasn't compelled attendance yet.

Indiana Constitution

Section 11. Quorum

Section 11. Two-thirds of each House shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing, shall be entitled to no compensation, from the end of the said five days until an organization shall have been effected.
Section 14. Discipline of members


Rules of the House

49.1 A member who is absent from the House without excuse may, by order of the members present, be sent for and taken into custody wherever found by the Doorkeeper or other person appointed for that purpose.​

​

Rule 49.1 is the reason they are in Illinois. The doorkeeper could be charged with kidnap.

Rules of the House and the Constitution of the State are all well and good, but they apply only to Republicans. Democrats consider their aims to be much more important than any mere law and are willing to ignore any and all laws necessary to accomplish their goals.
For Democrats, like Communists, "The ends justifies the means."

 

[Blackhawk2001]

I heard some interesting speculation about this yesterday. Since the Dems aren't present, they aren't being paid per diem. So who is paying for them to stay in Illinois? They can't use campaign funds for that purpose; they can't use political contributions. So are they paying their own bills? Or is someone paying them behind the scenes?

 

[jedi]

Blackhawk2001,

The dems "in theory" to stay out of trouble have to be paying out of their own pocket their food, lodgeing, etc. while out of state since they walked out. Now as to who is really paying is the big question.

@BoR
Ok the demos are not coming back this week.
So when is the last date of the current legislation session? What happens to the bills that the Senate pass (ie. those good gun bills) that are waiting for the HOUSE to hear. They will die along with all the other bills at some point if they are not heard during this legislation session correct? So when is that deadline?

Going to sux to have to start all over again next session.

@OP
My HOUSE rep is one of those that left the state. =(

 

[Doug]

Regardless of what the law says or what anyone does, in this country, laws do not apply to Democrats. The unions can pay the legislators bills while the legislature is in session in clear violation of the law and no one will be prosecuted. Or if they are prosecuted, they will get $100,000 per hour lawyers for free to defend them. I would love to be wrong on this, but I doubt I am.

What happens if they never come back?

Can the Governor let the legislative session end and govern with existing laws?

If so, I say end the legislative session and don't call another. Let everything stay as it is right now until the next election.Maybe we can vote the whiny little children out and get some adults who are willing to deal with reality.

Personally, I am sick and tired of the Republicans having to be the responsible adults who bail out the wastrel Democrats. They refuse to believe they are about to run out of our money to spend.

 

[IncendiaryGunner]

Regardless of what the law says or what anyone does, in this country, laws do not apply to [strike]Democrats[/strike] politicians.

Fixed that for you.

What is the difference between a politician and a crook? Efficiency.

 

[jedi]

If so, I say end the legislative session and don't call another. Let everything stay as it is right now until the next election.Maybe we can vote the whiny little children out and get some adults who are willing to deal with reality.

Personally, I am sick and tired of the Republicans having to be the responsible adults who bail out the wastrel Democrats. They refuse to believe they are about to run out of our money to spend.

Not likely to happen. The Ds that walked out are from heavy, HEAVY D districts. 100 to 1 if you hold another election, even a special election, the same Ds will get voted in again or a different D from those same districts. So the end result will be another set of Ds walking off again.

 

[dross]

Politicians are bad. But then, they always have been. Jefferson and Adams were great statesmen, but no sooner did they enter the world of politics than they became dirty politicians who ignored the Constitution to serve their own ends.

This is how the world works and it's not going to change. The most you'll ever get is a short period of time when you elect some idealists who will operate according to their ideals. Then they become politicians. In 1994, you had a bunch of non-politicians come into Congress. In a year or two, they were regular old politicians. And it doesn't matter which party, even Libertarian.

It's the nature of the game, and railing against it does nothing. You just have to keep voting them out. Keep the very few decent ones, drop the idea you can acheive your ideal, and work the system. That's all you have.

 

[Doug]

Maybe we can vote the whiny little children out and get some adults who are willing to deal with reality.

Not likely to happen. The Ds that walked out are from heavy, HEAVY D districts. 100 to 1 if you hold another election, even a special election, the same Ds will get voted in again or a different D from those same districts. So the end result will be another set of Ds walking off again.

I see your point.
Since they were elected from districts where the majority of voters unrealistically believe they can spend our money forever, there would be no change.
It's time to redraw the districts.

Shrug if you can; they might wake up.

 

[Timjoebillybob]

This afternoon I received a phone call at the direct request of my state rep to discuss my email, Indiana Code, and the potential for action by the Republicans. In addition, I was informed that the Democrats have already stated that they have no plans to return to Indiana this week.

Can I ask what the reply was about the potential for action? And if they mentioned what action that may be?

 

[Timjoebillybob]

This thread would be much more interesting and on point if the Indiana Constitution and Indiana General Assembly rules governing qualifications, absence and removal were considered rather than the Federal Constitution or Indiana law that doesn't apply to the Assembly.

Members of the Assembly can't be impeached. They can be removed, but only by a 2/3 majority vote of the house in question.

Yes members of the assembly can be impeached.

IC 5-8-1-1
Officers; judges; prosecuting attorney; liability to impeachment
Sec. 1. (a) Under Article 6, Sections 7 and 8 of the Constitution of the State of Indiana, all state officers other than justices of the supreme court or judges of the court of appeals of Indiana or the Indiana tax court, all other judges, prosecuting attorneys, and all county, city, town, and township officers are liable to impeachment for any misdemeanor in office.
(b) A justice of the supreme court or a judge of the court of appeals of Indiana or of the Indiana tax court is subject to removal from office under Article 7, Section 11 of the Constitution of the State of Indiana.

The part of the code the OP is talking about is in that chapter. It's a interesting read.
Indiana Code 5-8-1

^^This. For them to be impeached in the first place, let alone found guilty in the Senate, 67 of 100 Representatives would have to vote to impeach. There are 40 Democrats in the House. Seven of them would have to vote to impeach another Democrat. I think the chance of that, especially when at least 34 of them are holed up in IL.

Blessings,
Bill

To remove them under house or senate rules you are correct. But the OP is talking about impeaching them under IC. Which would before a judge not the house or senate.

So who in their districts feels like filing a case in court against them? But you better have deep pockets if it goes against you.

(c) In an action under this section, a court may award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the accused officer if:
(1) the officer prevails; and
(2) the court finds that the accusation is frivolous or vexatious.

And does any circuit court have the power or only the one with jurisdiction over their district?

 

[jedi]

TimjoeBillyBob good find! Now is there any brave lads in those districts that have lots of $$ and would do this. =)