gov abbot threatens to arrest the texas dems. how is this legal

[rdking647]

they are boycotting the legislature as a form of protest. no matter what the texas constitution may say how does it not violate the 1st amendment

[secondwind]

1. First Amendment only applies to them.

[PoliticAverse]

2. It's actually the Speaker of the House in Texas that could detain members of the legislature...

not the governor.

The constitution consists of more than the "1st amendment".

From the Texas constitution ( https://www.tlc.texas.gov/docs/legref/TxConst.pdf ):

Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

[rdking647]

7. The us constitution trump that

It bars government from barring freedom of speech or peaceful assembly. The dems are excersizing their free speech by protesting in their own way and are also peacefully assembling ( away from the capital)

[PoliticAverse]

8. Actually no. The US Constitution also permits the Congress to "arrest" members that refuse to attend

You really can't have a minority of elected representatives effectively shut down operation of the government.

[brooklynite]

3. Several threads about this already...

...that explain what "arrested" means in this case (not charged with a crime) and the relevant statutory citation.

[bottomofthehill]

4. TX State House of Representatives

Rule 5 Section 8 Texas State House of Representatives rules.

Section 8. Securing a Quorum — When a call of the house is moved for one of the above purposes and seconded by 15 members (of whom the speaker may be one) and ordered by a majority vote, the main entrance to the hall and all other doors leading out of the hall shall be locked and no member permitted to leave the house without the written permission of the speaker.

The names of members present shall be recorded. All absentees for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms for that purpose, and their attendance shall be secured and retained. The house shall determine on what conditions they shall be discharged.

Members who voluntarily appear shall, unless the house otherwise directs, be immediately admitted to the hall of the house and shall report their names to the clerk to be entered in the journal as present.
Until a quorum appears, should the roll call fail to show one present, no business shall be transacted, except to compel the attendance of absent members or to adjourn. It shall not be in order to recess under a call of the house.

[Tennessee Hillbilly]

5. Update:

From Political Wire:
The Texas House voted to send law enforcement to track down Democrats who left the state a day earlier in protest of Republicans’ priority elections legislation “under warrant of arrest if necessary,” the Texas Tribune reports.

[MarineCombatEngineer]

6. Good luck with that.

TX cops have zero authority to arrest them outside of TX and I sincerely doubt the DC cops would help them in any way, in fact, they would probably tell the TX cops to fuck off and if they tried to arrest them in DC, they would be the one's arrested.

[LiberalFighter]

9. Too bad the DC cops couldn't arrest the Texas cops. :)