Behavior of elected officials: Mis-demeanors, ,ethics, overt acts, treason even in omissions, an aggregate possible. When must the bell be rung, and so avoid condoning the acts.*
Re: Matters of elections and the behavior of elected officials, whether before, during, and after, actually taking office. Constitution, Article II section 4.
I. Summary: Behavior of elected officials shall remain relevant prior to oath-taking and through one year of elected office. There shall be no presumption that the behavior was known and condoned, therefore irrelevant to impeachment or other sanction later.
II. Notice required.
III. Proposed Law.
That is, there shall be no defense of condonation as to any presumed permission for acts or omissions of the official until one year has passed from the oath-taking. See condone.
The voters or others may seek to hold the official accountable in future, as for example, impeachment or other sanction for matters giving the appearance of impropriety even in the aggregate, that could be included in "misdemeanor" behavior for example, see mis-demeanor a matter less than Crime, FN These could include, as matters may develop:
a) using public office for private gain,
c) conflicts of interest,
d) patterns of intimidation and shaming with the effect of undermining constitutional rights of assoiation and speech;
e) failure to expose and explore cyber-theft or other factors suggesting influence on the official's decision-making, and by identified foreign powers, such disregard of cyber-inasions clearly giving aid to that enemy. Treason? Notify, notify.
Such seekers shall not be deemed to have in effect 'slept on their rights' by not taking action sooner, before the oath. Noone shall be estopped from raising those issues later just because some information was out there prior to an oath of office. No approval to be established merely because an oath proceeded as scheduled. Public policy supports prudence in such actions. Similarly, the official shall not be deemed to have relied on the inaction for the given period, for purposes of enabling continuance of it.
II. Notice of concerns in a format similar to "please be advised that" must be given with formality to the elected official within 6 months of the oath-taking, so that specific behaviors are of record as dicey, and relevant in the future.
- Where an official has acted or omitted to act in ways giving rise to impeachment or other sanction against him, those behaviors shall not be considered as excused, or conditionally forgiven, or even approved, merely because of the later timing of actions for impeachment or other sanction. waived , for that official for use at the time impeachment or other sanction is sought.
"The duties carried out by a Member of Congress are understood to include representation, legislation, and constituent service and education, as well as political and electoral activities [emphasis supplied]."
- Failure to warn? Such delay may, however, constitute an actionable failure to warn, as that idea may morph from torts and products to elections, where pivotal information is purposefully kept from the voting public until it is indeed too late for them to change their votes -- the partisan politician has already been bought, no return. See failure to warn, and issues, at http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2551&context=facpub
- Further policy considerations:
- Unlike applicability of condonation in other areas of human life, such as the family arena of marriage and divorce in some states, see http://legal-dictionary.thefreedictionary.com/condonation, the approval of delay before taking action serves public policy in the political realm.
- Delay of legal action in politics allows time for issues to ripen, and for voter education and debate. It encourages exposure and vetting of issues without haste
- Ambush is not an option. Anyone or any group with concerns must notify the official in writing or other preserved means, dated.
- The identity of individuals need not be disclosed in the notice, lest retributions or tweets issue from the official. This area to be fleshed out.
- The objective is to give notice with sufficient particularity as to discourage the behavior. Issues of exploitation of voters, the weaponizing of partisan interests, and neglect of the nation's interest in favor of personal gain, may be adequate grounds for mis-demeanors, for example.
- Or not. Notify, notify. Notice of disagreement with the course of action.
- Official acts are not condoned just because action is not taken at the time.
- What is undue delay? Waiting after 6 months from taking the oath. Lookbacks: to date of candidacy, to see pattern.
- The high applies to the next word, the Crimes. There is no high in front of Misdemeanors. Only Crimes gets a descriptive high.
- Accordingly, no high misdemeanors need be proven.
- Whether the "high" applies to both crimes and misdemeanors is a stretch too often assumed. If 'high' is indeed to be taken as attached (a discretionary, subjective reach), the use of the diminutive controlling word misdemeanor in the first place instead of 'crime', suggests that the mis simply means very. Very wrong, see below. A matter intended to be lesser than a crime at all.
- In the late 15th Century, demean was used in Middle English to mean "handle, manage, conduct."
- In the early 14th Century, demean meant to behave in a particular way.
- In the 11th Century, in Old French demener, the term meant "to guide, conduct, to live, dwell"
- The root was 'de' for completely, and to 'mener' to lead or direct;
- Both derived from the Latin minari, to project, jut, threaten (as a herder of animals would in getting the job done) and with its ideas of menace, a forcing; or the Late Latin, to drive, as to drive as a herd of animals. Drive those sheep.