Massie v. Pelosi going to federal court

twitter ^ | Nov 30 | Rep. Thomas Massie

[RandFan]

@RepThomasMassie

A federal judge will hear oral arguments in Massie v Pelosi on Dec. 2nd. @RepMTG & @RepRalphNorman are co-litigants in this landmark case. Among other claims, we contend @SpeakerPelosi violated the Constitution when she reduced our salaries as punishment for us not wearing masks.

[RandFan]

I reckon he'll win this...

[RandFan]

Ping

[cockroach_magoo]

Hopefully they hold Pelosi in the DC gulag as they wait for oral arguments.

[nicollo]

Nannie probably never read it, but the 27th amendment states,

“No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.”

Additionally,

Article I. Section 6 guarantees pay for members of Congress.

Article II, Section 1 guarantees payment for the Executive and that it will be neither increased nor decreased during his term.

Article III, Section 1 guarantees payment for judges and that it will not be decreased during term of service.

The Founders understand that tyrants use money to reward allies and punish enemies, and that doing so is both arbitrary and corrupt. It is not a leap to infer that the protection against diminishing salaries of the executive and of judges would also apply to members of Congress, especially as a means of political punishment.

[lakecumberlandvet]

1 representative from 1 district of 1 state rules over all other representatives from all other districts of all the states. Somehow I don’t think it was meant to be this way in our constitutional republic.

[Amendment10]

"reduced our salaries" ???

---

Unfortunately for Massie, not only does the Constitution allow for Democrats to punish Republicans who don't conform (semi-sarc), but existing laws allow fines for members of Congress, although no mention of masks.

• "Article I, Section 5, Clause 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior [emphasis added], and, with the Concurrence of two thirds, expel a Member."

• 18 U.S. Code § 216 - Penalties and injunctions

Laws seem to be concerned with abuse of office.

So depending on judge and Pelosi's questionable knowledge of the Constitution, Massie may be out a few bucks.

Corrections, insights welcome.

[nicollo]

The House has fined Members as a form of punishment, but this is an actual salary cut, as I understand it. I don’t see how a prohibition on increasing a salary during a term would not also logically prohibit any change of salary, up or down, but it’s not explicit so I guess they could get away with it.

I still hold that other sections that prohibit reductions in salary for the executive and for judges wouldn’t also apply to members of Congress, but, again, it’s not explicit.

See here for a history of Section 5 punishments: https://history.house.gov/Institution/Origins-Development/Discipline/