SENATE BILL: Justice to the Department of Justice Act (Withdrawn)

[Senator North Carolina Yankee]

Justice to the Department of Justice Act

-The Attorney General must notify the Senate of any action he or she takes which conflicts with a regional or municipal policy

-Any Senator may then propose legislation to overrule the DOJ action

-If a 2/3 majority of Senators voting choose to overturn DOJ action- the ATtorney General must officially and publicly reverse his action and affirm the original regional or municipal policy

-If the Attorney General does not notify the Senate within 48 hours of his action in question, any Senator may initiate the process which then requires only a simple majority to overturn the DOJ action

Sponsor: Clarence

[Senator Clarence]

This came from the US Attorney General acting in a manner to investigate NYPD and also voter ID laws in SC...and from Fuzzybigfoot expressing support for those actions in his confirmation hearings

It simply allows for municipalities and regions to have a method to push back against an overbearing DOJ...the 2/3 majority assures that an overturned policy will be rare- especially in THIS Senate

[crypto-fascist superhero]

I support this legislation in principle, although I believe it may currently be an unconstitutional breach of separation of powers.

[Senator North Carolina Yankee]

A final vote can be started here at after 10:30, is such desired?

[Senator Clarence]

I'd love to see other questions or discussion...but if wormyguy is correct and this can't be done....

I'd be open to seeing another interpretation of that

[shua]

If the Senate wants to overrule a decision by the AG, what's stopping them from doing so even without this law?

[Senator Sbane]

Shua raises an excellent point. Do we not have power to overrule any DOJ action?

Also this is just a response to what the NYPD did, where I do think they overreached and the DOJ was right in investigating their actions. So voting for this would be tantamount to approving what the NYPD did and I cannot do that. Mindless profiling is wrong. Looking at an entire community as suspects, like was done with the Japanese during World War 2, is wrong. Although some level of surveillance needs to be done, the powers of the police must be limited. The FBI also does similar surveillance but they have rules limiting what they can report on. Why should people who have done nothing wrong have their names put in reports? How would you feel if all evangelicals and their churches are spied on to make sure none of them go and bomb abortion clinics?

[Senator Clarence]

Shua's point is well-taken...once again you all prove to be smarter then me
Also Sbane- this is not simply a response to that only though that is a great example

[Badger]

A shame this wasn't around in 64 to allow Bull Connor from keeping those pesky feds from investigating the CCC trying to keep the peace against the workings of Communist agitators.

The point of DoJ investigations are when local law enforcement can't or won't investigate corruption or violations of law because local political interests are too greatly emershed in the wrongdoing. Which municipalities won't want DoJ investigations? A: The one's who most need investigating.

This bill essentially gives the criminals the right to decide when and if law enforcement should investigate them.

It's born out of a bastardized interpretation of federalism that says following federal laws at the state or local level is optional.

Besides, as pointed out, a majority vote can often overrule a DoJ action (or deny funding for it's enforcement).

[Senator Ben]

Nope.  I cannot support allowing the DoJ to be overruled by the Senate.

[Senator North Carolina Yankee]

So what are we doing here?

[Senator Clarence]

I'll withdraw...the point that we can already take such action is compelling

[Senator North Carolina Yankee]

Senators have 72 hours to assume sponsorship.


Told you this was inneffective to utilize.

[Senator North Carolina Yankee]

This has been withdrawn.