Non-performance of Constitutionally mandated Congressional duties; breach of contract.

Remember when Newt Gingrich publicized his Contract with America? At the time, I thought that the language was just a publicity stunt. Back then, I was focused on the idea that the Constitution limits the powers of Congress and I wasn’t thinking about their having a contract with America under the Constitution that describes duties that they must perform. When Congress fails to perform its duties, is it in breach of contract? Can Congress be prosecuted for non-performance?

The neoliberal era that we live in has become a litigious era. In fact it’s so legally busy that many political attacks happen in the courts. You can notice this when you consider the legal attack of Leutenant General Michael Flynn, for example. You can also see it in the examples of legal hoaxes and made up charges against President Donald Trump. If legal attacks have replaced assasination as a prerogative of political power, that’s probably a good thing. The unfortunate mess that our legal system is in, its various failures to act within the bounds of justice, are however, really a bad thing. Since what comes around goes around I can’t help but wonder. When you consider Congress’s actions and failures to act appropriately, is Congress vulnerable to legal charges of non-performance and breach of contract?

Many witnesses came forward during the 2020 election to write legal affadavits describing what they believed was election fraud. The FBI turned away from claims that fraud happened and failed to follow-up with appropriate investigations. There were other examples where courts turned away from the material merits of cases being made about election fraud and the material evidence was not heard in court. Court cases were denied based on standing. But does America have standing in a court of law to insist that Congress is failing us? Can we use the Department of Justice to make a claim of non-performance or breach of contract? Since we have DOJ failures and FBI failures, can we use common law expectations for Congress to perform its duties to charge them with non-performance or malfeasance?

Buy a copy of Political Catsup with Economy Fries, available at

If a class action lawsuit were filed on behalf people who want Congress to do its job, who would hear the lawsuit? Can America censure Congress and declare that it is in non-performance?

When you look at the proscribed duties of Congress listed in the United States Constitution, Congress is in breach-of-contract in Article 1, Section 5: “Each House shall be the Judge of the Elections…” because they refused to hear evidence or do an investigation of election fraud in 2020. Some members of Congress opposed validating the elections and wanted to do an investigation. Those few Congress members have been harried and attacked. That puts most of Congress in breach of contract and a few Congressional heroes in a compromised position from which they should be rescued for trying to do the right thing.

Congress is in breach of contract in Article 1, Section 8, “The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the Untied States…”; the covid restrictions clearly have harmed the welfare of the United States and Congress is failing to pay debts as it inflates the U.S. dollar through its various monetary policy experiments.

Congress is in breach of contract in Article 1, Section 8, “To establish an uniform Rule of Naturalization…” because they have failed to control the U.S. border and prevent illegal immigrations.

Congress is in breach of contract in Article 1, Section 8 for failures “To coin Money, and regulate the value thereof…” continually deferring to the Federal Reserve as it destroys the value of the dollar, instead of stopping monetary abuses that have continued since the Great Recession and that have harmed American families and especially the elderly.

Congress is in breach of contract in the same Article 1, Section 8, for failing “To Provide for the Punishment of counterfeiting the Securities and current Coin of the United States.” Printing dollars beyond the productivity of the nation and locking down “non-essential” business to furthur impair production is breach of contract by failing to protect the general welfare.

Congress is in breach of contract for Article 1, Section 8, “To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.” Covid restrictions especially in the context of what some claim is an engineered virus and an unnecessary follow-up with m-RNA vaccine experimentation on Americans is against the Law of Nations with respect to offenses against the United States and also other Nations. A failure to recognize or investigate the possibility of biowarfare is breach of contract.

Congress is in breach of contract in Article 1, Section 8, “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” Antifa and BLM have been attacking American cities in 2020 and have been linked to the attack on the Capital building. Congress has failed to do its duty to defend the United States in two ways: by falsely claiming in their recent impeachment trial that President Trump caused the Capital attack and also their 2020 claims that Antifa/BLM city riots were a kind of free speech.

Many people see Congress is failing the nation. There are legal remedies for a failure to perform and breach of contract. Even Congress should be called to account for itself.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.