Reply #8: No. Sworn duty and the power to Impeach trumps.

[pat_k]

Certainly, the people can, and should, seek redress in Court, but nothing that happens in Court can trump Impeachment. And Congress is duty-bound to act NOW, whether or not individual citizens, or the state officials who represent them, take the administration to Court.

The power to Impeach is vested in solely Congress (just as the duty and power to judge the electors on January 6th is vested in Congress and Congress alone). It is their job, and their job alone to pass judgment when the actions of officials in the executive or the judiciary subvert the Constitution.

Had we intended for the judiciary to be the ultimate judge, we would have given the judiciary, not the Congress, the power to Impeach.

When the danger to the Constitution is clear and present, Congress is sworn to act to "support and defend the Constitution of the United States against all enemies, foreign and domestic" -- and act immediately.

Congress is duty-bound to pass judgment on the actions of elected officials in the executive and the judiciary, they are duty-bound to pass judgment on electors on January 6th.

They were derilect in their duty on 1/6/2001 and 1/6/2005. To date, they have been derilect in their duty to demand Impeahment, but we can, and must, change that. (see "Our Task" in this post)

Each member of Congress must make an independent judgment. They cannot escape their duty by deferring to, or waiting for action by, any other authority. In their service as the voice of the people, they may consult others, but ultimately, each member must make a personal, MORAL judgment based on their understanding of the INTENT of the law.

As you point out, it is a slam dunk. No sane or legitimate constitutional scholar buys the fascist fantasy that officials in the executive branch can legitimately rationalize unconstitutional and criminal acts as "necessary for the defense of the nation," but even if that were not the case, and their fantasies were arguable, members of Congress who recognize their actions as a treasonous attempt to usurp our collective sovereignty are sworn to stand up, call for members of the House to initiate Impeachment proceedings, and demand that their colleagues examine the actions and claims and pass judgment.

------------ A couple notes about our federal design ------------

Contrary to what the fascists would have us believe, the three branches of Government DO NOT share power equally.

When we established our Constitution we vested more power in Congress than the Judiciary or the Executive. As OUR VOICE the balance necessarily favors Congress.

How do we know we gave Congress more power? Simple; we charge Congress with supporting and defending the Constitution and gave them the Power carry out that duty by giving them the power to Impeach high officials in the Executive and Judiciary. (the President and the Judiciary can't remove members of Congress, but members of Congress can expel a fellow member.)

Of course, it is possible for the laws we pass to address specific problems to conflict with each other or with the tenets of our Constitution. We give our courts the task of ensuring that that laws WE enact are consistent with the guiding principles WE establish. As we strive for a more perfect union, we look to the courts to ensure that our laws are the most accurate reflection of our will that can be achieved in an imperfect world.

We gave the power to resolve those conflicts to the Judiciary, but that power can never TRUMP Congressional action. The courts have no power to overturn an Impeachment or to force Congress to count electors that have been rejected.