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Bondor

(63 posts)
Sun Apr 18, 2021, 08:57 AM Apr 2021

How is the oath of office enforced?

Why have we not tried bringing ALL THOSE who voted not to certify the election into court to assert that they have failed to uphold their oath of office and need to be sent home? ALL OF THEM. The "reasonable person" standard says there was no evidence of fraud. Surely there is SOME enforcement mechanism for the oath, and surely voting not to certify given no evidence is a violation of it. Why have we not tried this simple solution to the problem? Seems to me if it works we get a lot of control over congress for a few months at least. And MAYBE we can discourage future such behavior. We are not doing that now. What do you think? Good idea? Bad idea? Why?

6 replies = new reply since forum marked as read
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How is the oath of office enforced? (Original Post) Bondor Apr 2021 OP
The Congress can Impeach and Remove Executive Branch officials... brooklynite Apr 2021 #1
Generally, it is not enforced at all. MineralMan Apr 2021 #2
Theoretically, it is enforced at the ballot box... Wounded Bear Apr 2021 #3
It isn't. KentuckyWoman Apr 2021 #4
Its not enforced through the judicial system DetroitLegalBeagle Apr 2021 #5
Off to the greatest page malaise Apr 2021 #6

brooklynite

(94,278 posts)
1. The Congress can Impeach and Remove Executive Branch officials...
Sun Apr 18, 2021, 09:02 AM
Apr 2021

....The House and Senate can respectively expel members. Both require a 2/3 vote.

As for expelling based on a vote that you disagree with? No legislator would accept that standard. What would stop a majority Republican Congress from doing the same thing.

Wounded Bear

(58,574 posts)
3. Theoretically, it is enforced at the ballot box...
Sun Apr 18, 2021, 10:11 AM
Apr 2021

but most people neither understand nor care about constitutional questions come election day.

DetroitLegalBeagle

(1,914 posts)
5. Its not enforced through the judicial system
Sun Apr 18, 2021, 10:56 AM
Apr 2021

Any enforcement would have to come through either impeachment and removal for the President, expulsion from Congress for a member of Congress, or through the ballot box via voters not reelecting them. That's it.

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