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US Senate
United States Senate Accountability Act
Author: Harold W. Bolinger Cumberland, MD
WHEREAS, the Constitution for the United States of America, at Amendment Seventeen, specifies that United States Senators are "elected by the People" (Clause 1). Said Constitution, in Article V, further states that "no State, without its Consent, shall be deprived of its equal suffrage in the Senate;" and
WHEREAS, Nothing has altered the constitutional responsibility of the United States Senate to be the voice of the states in the federal government. Even though popularly elected following the enactment of the 17th Amendment, United States Senators are, in fact Representatives of the State Legislature of the State from which they are elected, and as such, accountable to the same for their conduct. The will of this Legislature is to be expressed in the federal government by and through the two United States Senators elected by the People thereof.
BE IT THEREFORE ENACTED by the Legislature of the State of ___________ that the two United States Senators from the State of ____________ are forever hereafter summoned to appear before a joint session of this Legislature each year on the (insert date and time); and be it further
ENACTED, that the purpose of this joint session is to exchange information by and between the State of ___________ and the United States Congress through its duly elected United States Senators; and be it further
ENACTED, that a joint standing committee is hereby established consisting of 10 members of the House of Delegates and 6 members of the State Senate, and the presiding officer of each House. Such committee shall be styled the "Joint Standing Committee Pertaining to the United States Senate." Upon convening, the members of the said Committee shall appoint two co-chairs, one from each House of this Legislature; and be it further
ENACTED, that not later than thirty calendar days prior to this annual meeting the United States Senators shall provide to this Committee certified copies of their most recent calendar year voting record on all bills and resolutions on which they voted while serving in the United States Senate, certified copies of the said bills and resolutions, and copies of each bill and resolution known to be under consideration in the Congress of the United States in the immediate upcoming calendar year; and be it further
ENACTED, that each United States Senator shall be eligible to speak to the Assembly to discuss the actions of the Congress of the United States as they pertain to the relationship of the several States to the Federal system, to discuss pending legislation of the United States Congress as it pertains to the same, to justify their actions and voting record as they pertain to the State of __________ and the Legislature and citizens thereof, and to discuss other matters the Senators wish to convey to the Legislature; and be it further
ENACTED, that the Presiding Officers of both Houses of this State's Legislature shall convey to the United States Senators copies of any and all resolutions passed by this Legislature expressing the ideas, senses or desires of this Legislature for introduction into the Congress of the United States. The presiding officers of both Houses of the State Legislature shall direct said United States Senators to introduce and support any such measures to benefit the Legislature and People of the State of ________, and be it further
ENACTED, that the first occasion of this annual meeting will occur not more than 90 days following the passage of this act (said date to be provided for by a subsequent resolution), and will then occur on the date and time herein provided for each year forever hereafter; and be it further
ENACTED, that forever hereafter the Senior United States Senator shall maintain routine contact with the co-chairs of the Special Joint Committee Pertaining to the United States Senate for the purpose of ascertaining the sense of this Legislature as it relates to legislation pending before the Congress Assembled, and treaties and appointments before the United States Senate. To the end that the Legislature's wishes be represented in the United States Senate, the Special Joint Committee shall, from time to time, poll the members of this Legislature to ascertain their position on pending considerations before the United States Senate, and convey the results of such polls to the Senior United States Senator from the State of ________; and be it further
ENACTED, that failure to comply with the directives of this Act by any United States Senator shall constitute nonfeasance of office by the offending United States Senator, and upon conviction thereof in the Circuit Court located in the State Capitol of _______________, said United States Senator shall immediately vacate his/her said office in the United States Senate, and such position shall be filled according to the terms and conditions of Clause 2 of the 17th Amendment to the Constitution for the United States of America; and be it further
ENACTED, that the Joint State Standing Committee Pertaining to the United States Senate be directed to review the performance of each member of the United States Senate from the State of _________, and to evaluate such performance and voting records to ascertain the member's compliance to his or her Oath of Office and to the terms and conditions of the Constitution for the United States of America. When the record indicates a member has introduced or voted in favor of a bill or bills determined by the committee not in conformity to the Constitution for the United States of America, the Committee shall issue a report to the Legislature of this State signifying the same. Upon a concurrence of a majority of the members of both Houses of this State's Legislature, the presiding officers of the State House and Senate shall direct the Attorney General for the State of ________ to bring quo warranto proceedings against said United States Senator. In the absence of a valid response to quo warranto(*), the Senator shall vacate his seat in the United States Senate, and the Attorney General shall bring criminal charges of Violation of Oath as provided for in the ______ Annotated Code, Article __, Section ____. Any position created by removal from office shall be filled according to the terms and conditions of Clause 2 of the 17th Amendment to the Constitution for the United States of America.
(*) In responding to quo warranto, a "valid response" shall consist only of reciting a specific affirmative grant of authority for the missive within the Constitution for the United States of America.
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