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I received the following e-mail, and I would like to discuss it with you, first this was started in 2009 and it had Spam attachments to it. I have deleted them from this copy. Please read the entire post before you take any action:
******** Start of E-mail ********
Subject: Please Read And Forward VERY IMPORTANT
"Life is under no obligation to give us what we expect."
28th Amendment, 35 States and Counting
It will take you less than a minute to read this. If you agree, please pass it on. Time has come to deal with this self serving situation:
Children of Congress members do not have to pay back their college student loans.
Staffers of Congress family members are also exempt from having to payback student loans.
Members of Congress can retire at full pay after only one term.
Members of Congress have exempted themselves from many of the laws they have passed, under which ordinary citizens must live.
For example, they are exempt from any fear of prosecution for sexual harassment.
And as the latest example, they have exempted themselves from Healthcare Reform, in all of its aspects.
We must not tolerate an elite class of such people, elected as public servants and then putting themselves above the law.
I truly don't care if they are Democrat, Republican, Independent, or whatever. The self-serving must stop.
Governors of 35 states have filed suit against the Federal Government for imposing unlawful burdens upon their states. It only takes 38 (of the 50) States to convene a Constitutional Convention.
Each person that receives this will forward it on to 20 people, in three days most people in The United States of America will have the message.
Proposed 28th Amendment to the United States Constitution:
"Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the Citizens of the United States..."
You are one of my 20.
Thanks for your help and support by forwarding this on.
******** End of E-mail ********
That was what I received, after a little research I have found it to be untrue. No Governors from any state have taken any such action.
Claims of Congressional pension are also in error: Congressional pension is a pension made available to members of the United States Congress. Members who participated in the congressional pension system are vested after five (5) years of service. A full pension is available to Members 62 years of age with 5 years of service; 50 years or older with 20 years of service; or 25 years of service at any age. A reduced pension is available depending upon which of several different age/service options is chosen.
A great retirement plan but not what is claimed in the e-mail, there are several other factual errors in the e-mail also.
It is true that Members of congress do in fact exempt themselves from laws they pass, including insider trading laws, Health care laws, some tax laws and a few others. Remember that the original e-mail had a spam attachment to it to collect valid e-mail addresses.
I did find however this action from congress to support the idea of equal protection for the citizens.
H. J. RES. 55
Proposing an amendment to the Constitution of the United States relating to the equal application to the Senators and Representatives of the laws that apply to all citizens of the United States.
IN THE HOUSE OF REPRESENTATIVES
August 1, 2013
`Congress shall make no law respecting the citizens of the United States that does not also apply to the Senators and Representatives.'.
H.J. Res. 55.
Congress has the power to enact this legislation pursuant to the following: Article V of the U.S. Constitution
Now this action died in committee without action. I am often hesitant about amending the constitution because of the law of unintended consenquences.
After a quick review of the constitution I came up with this:
Article IV Section. 2.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The Equal Protection Clause of Amendment XIV Section 1. ( nor deny to any person within its jurisdiction the equal protection of the laws.) applies only to state governments. However, the Supreme Court held in Bolling v. Sharpe (1954) that equal protection requirements apply to the federal government through the Due Process Clause of the Fifth Amendment. (nor be deprived of life, liberty, or property, without due process of law;) The Court held that the concepts of Equal Protection and Due Process are not mutually exclusive.
If all citizens are entitled to equal protection, then any law passed by congress applies equally to all citizens the only exemption would be Article I Section 6. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. (a very specific and direct exception)
So do we really need a Constitutional Amendment? Or just to enforce the law of the land?
Just my thoughts for today.