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US Congress constitutional duties. Is there an equivalent to Military Dereliction of duty for the House of Representatives?

Roswell, GA |

The primary United States Constitutional responsibility for the House is the “power of the purse”. With this Constitutional power also brings responsibility and liability. Failure to provide and protect the Treasure of the Citizens of the United States imply abrogation of duty to the collective Citizens of the United States. Not to special interests nor advertising dollars that effectively "buy votes". Failure to reach a budget is abrogation of duty. Penalty? No benefits, nor salary, nor vacation, provided by the Citizens of the United States, if and until the duty to control and distribute the purse is reached by the time prescribed by the Constitution. This also implicates the duty to protect and defend the United States of America, and it's Constitution! Time for a one term limit?

Attorney Answers 4


No. The main accountability for Congress is the power of the people----vote!

My answers are not intended as anything more than an educational response to generic questions posted on this site.

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Nope. Sorry. Your vote is your leverage.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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The difficulty with your premise is its assumption that 1) there are no other "players" in the game and / or 2) the House must pass only legislation that the Senate will also pass and that the President will sign. Suggest strongly that you READ the Constitution and the news [C-SPAN, all print and broadcast media, the congressional record]. The former should adequately demonstrate that all three branches must agree. The latter should provide information re the number of budgets in various forms that the House has passed and the Senate and President have declined.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Unfortunately, as a private citizen, you will likely lack standing to sue the U.S. Congress for any perceived or real "[f]ailure to provide and protect the Treasure of the Citizens of the United States". Furthermore, the U.S. Constitution grants the Congress itself the power to regulate itself once its members are duly elected by the people of the several states within their respective congressional districts. Ultimately, your power is in your vote and in your voice in persuading your fellow citizens of the malfeasance of particular members.

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