The Bipartisan Campaign Reform Act (BCRA) of 2002 is a rare opportunity to return Congress to Constitutional alignment.
Senators John McCain (R-AZ) and Russell Feingold (D-WI) were the chief sponsors of BCRA, a law that took away our First Amendment Right of Free Speech with regard to the financing and content of political campaign ads that mention a candidate or issue within 30 days before a primary or caucus or 60 days before a general election.
The Supreme court has now determined that BCRA is an unconstitutional restriction on the Right of Free Speech.
This is exactly the issue that Americans need to rein-in a profligate and irresponsible Congress. We must restore Congress to its Constitutional function, meaning that Congress is not allowed to do any damn thing it wants, but must operate only within those issues and actions specifically authorized by the U.S. Constitution.
With regard to members of Congress and others, Article 6 of the U.S. Constitution says, in part: ". . .The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution,..."
With regard to the President, Article 2, Section 1 says, in part: "...Before he (the President) enter on the Execution of his Office, he shall take the following Oath or Affirmation: - 'I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.’"
The common requirement for holding office is that the office holder support the U.S. Constitution.
The author of an Act that is judged to be unconstitutional in any part has violated the Oath of Office that must be taken before assuming office.
All persons who voted in favor of an Act that is judged to be unconstitutional in any part have violated the Oath of Office that must be taken before assuming office.
Senators John McCain (R-AZ) and Russell Feingold (D-WI) were the authors and instigators of BCRA. Now that BCRA has been judged unconstitutional, Senators John McCain (R-AZ) and Russell Feingold (D-WI) are proven to have voided their oath to support the Constitution and must immediately and permanently be removed from office, including loss of all retirement pay.
Senators John McCain (R-AZ) and Russell Feingold (D-WI) owe the taxpayers a refund of all salary, benefits and expense reimbursements retroactive to 27 March 2002 when BCRA was enacted. After 27 March 2002, all votes cast, all work done, all credit for time served with regard to seniority and retirement, everything pertaining to Senators McCain and Feingold, must be purged from the record, and legislation on which Senators McCain and Feingold voted must be reexamined to determine whether their voided votes change the outcome of enacted legislation. Affected legislation must be resubmitted to Congress if the two voided votes change the result.
The quest for Constitutional compliance can and should be extended throughout Congress, the Presidency, and all federal, state and local agencies.
For example, the Second Amendment clearly states that "...the right of the people to keep and bear Arms, shall not be infringed." How much legislation has been introduced, and enacted, expressly to infringe upon the Right of the People to Keep and Bear Arms? Gobs, bushels and bunches of bills and laws, at last count. Sponsors of unconstitutional legislation designed to infringe upon the right of the people to keep and bear Arms need to be removed from office immediately and to repay to the taxpayers a refund of all salary, benefits and expense reimbursements retroactive to the time the unconstitutional legislation was proposed or enacted. Their votes and other activities also must be purged from the record and enacted laws adjusted accordingly to reflect the voided votes.
We The People have grown tired and disgusted with Congressional Criminals who infest the national and state legislatures and who use their votes to further their own and their Party's self-interests at the general expense of the American people who put them in office.
Although Senators John McCain (R-AZ) and Russell Feingold (D-WI) have served the nation well in many ways, their crowning and final achievement may be enactment of the unconstitutional Bipartisan Campaign Reform Act (BCRA) of 2002 which opens the door to the removal of elected officials who violate their oath of office.
William Jud
Fredericktown, Missouri