Experts: Ryans livestream crackdown may be unconstitutional

[WhiteTara]

http://www.politico.com/story/2016/12/paul-ryan-livestream-constitution-232994

Paul Ryan’s new crackdown against protests on the House floor — a direct response to the Democrats’ gun-control “sit-in” last summer — is prompting questions from experts in both parties about its constitutionality.

As part of a House rules package members will vote to approve in early January, House GOP leaders want to empower the sergeant-at-arms to fine lawmakers up to $2,500 for shooting video or taking photos on the chamber floor.

But experts say Ryan’s proposal may run afoul of Article 1 of the Constitution, which says “each House may … punish its Members for disorderly behavior.” For more than 200 years that has been interpreted to mean any contested sanctions against lawmakers must be approved by the full House with a floor vote, attorneys steeped in congressional legal matters say.

“The Constitution gives the House the authority to discipline members; I have never heard of anything where an officer of the House was given that authority,” said Mike Stern, a former lawyer for the nonpartisan House counsel’s office and the Senate Homeland Security Committee’s GOP staff.

Stern, who called the proposed rule a “plausible Constitutional issue to raise,” said Democrats could take the matter to court. “Their strongest argument would be: The House doesn’t have the authority to give these officers the power to punish us; only the power of the House can do that, and [Republicans] have short-circuited our rights by the way they’ve done it.’”

[unblock]

1. it should be fought, of course, but even if we lose,... $2,500? that's it?

i mean, if a cause is worth a sit-in like that, $2,500 seems a small price to pay. they could raise it online in minutes.

of course, if that happens, they'll just keep upping the price....

[WhiteTara]

2. I think the GoFundMe account

would pay for all their fines.

[shraby]

3. It also goes against the 1st amendment.

Free speech. Shouldn't be any different for members of congress.

[NobodyHere]

7. Not sure if that holds up

After all cameras are banned while the Supreme Court is in session.

Not that I agree with it.

[Equinox Moon]

4. Just more of the bully-oppressor-republican tactics they keep doing.

To include shredding the Constitution. Hey! Freedom of Speech and the public must know what is going on inside those chambers.

Can you feel it? We truly are at war, civil war.

[SleeplessinSoCal]

5. "No one else was in The Room Where It Happens"

"Hamilton" - Lin Manuel Miranda.

[usaf-vet]

6. How long before the ruling thugs (GOP)decide to

hang or shoot opponents for speaking out. German walls have lots of bullet holes in them from firing squads.