June 05, 2012

Since it is an election year - Part 3.

We now start on Article 2 of the Constitution.  Presidential powers and duties.  This also includes information regarding impeachment.  Very interesting reading.

"The language of the Constitution cannot be interpreted safely except by reference to the common law and to British institutions as they were when the instrument was framed and adopted." --- William Howard Taft President of the United States and Chief Justice SCotUS.



Article. II.
                                                                                                                     
  Section. 1. The executive Power shall be vested in a President of 
the United States of America. He shall hold his Office during the 
Term of four Years, and, together with the Vice President, chosen 
for the same Term, be elected, as follows 
  Each State shall appoint, in such Manner as the Legislature thereof 
may direct, a Number of Electors, equal to the whole Number of 
Senators and Representatives to which the State may be entitled in 
the Congress: but no Senator or Representative, or Person holding an 
Office of Trust or Profit under the United States, shall be appointed 
an Elector. 
  [The Electors shall meet in their respective States, and vote by 
Ballot for two Persons, of whom one at least shall not be an 
Inhabitant of the same State with themselves. And they shall make a 
List of all the Persons voted for, and of the Number of Votes for 
each; which List they shall sign and certify, and transmit sealed to 
the Seat of the Government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the 
Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having 
the greatest Number of Votes shall be the President, if such Number 
be a Majority of the whole Number of Electors appointed; and if 
there be more than one who have such Majority, and have an equal 
Number of Votes, then the House of Representatives shall immediately 
chuse by Ballot one of them for President; and if no Person have a 
Majority, then from the five highest on the List the said House 
shall in like Manner chuse the President. But in chusing the 
President, the Votes shall be taken by States, the Representation 
from each State having one Vote; A quorum for this Purpose shall 
consist of a Member or Members from two thirds of the States, 
and a Majority of all the States shall be necessary to a Choice. 
In every Case, after the Choice of the President, the Person 
having the greatest Number of Votes of the Electors shall be the 
Vice President. But if there should remain two or more who have equal 
Votes, the Senate shall chuse from them by Ballot the Vice President.]*

*Changed lay the Twelfth Amendment. 

  The Congress may determine the Time of chusing the Electors, and 
the Day on which they shall give their Votes; which Day shall be the 
same throughout the United States. 
  No Person except a natural born Citizen, or a Citizen of the United 
States, at the time of the Adoption of this Constitution, shall be 
eligible to the Office of President; neither shall any person be 
eligible to that Office who shall not have attained to the Age of 
thirty five Years, and been fourteen Years a Resident within the 
United States. 
  [In Case of the Removal of the President from Office, or of his 
Death, Resignation, or Inability to discharge the Powers and Duties 
of the said Office, the Same shall devolve on the Vice President, and 
the Congress may by Law provide for the Case of Removal, Death, 
Resignation or Inability, both of the President and Vice President, 
declaring what Officer shall then act as President, and such Officer 
shall act accordingly, until the Disability be removed, or a President 
shall be elected.]*

*Changed by the Twenty-Fifth Amendment. 

  The President shall, at stated Times, receive for his Services, a 
Compensation, which shall neither be increased nor diminished during 
the Period for which he shall have been elected, and he shall not 
receive within that Period any other Emolument from the United States, 
or any of them. 
  Before he 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.'' 
  Section. 2. The President shall be Commander in Chief of the Army 
and Navy of the United States, and of the Militia of the several 
States, when called into the actual Service of the United States; 
he may require the Opinion, in writing, of the principal Officer in 
each of the executive Departments, upon any Subject relating to the 
Duties of their respective Offices, and he shall have Power to grant 
Reprieves and Pardons for Offenses against the United States, except 
in Cases of Impeachment. 
  He shall have Power, by and with the Advice and Consent of the 
Senate, to make Treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the Advice and Consent 
of the Senate, shall appoint Ambassadors, other public Ministers and 
Consuls, Judges of the supreme Court, and all other Officers of the 
United States, whose Appointments are not herein otherwise provided for, 
and which shall be established by Law: but the Congress may by Law vest 
the Appointment of such inferior Officers, as they think proper, in the 
President alone, in the Courts of Law, or in the Heads of Departments. 
  The President shall have Power to fill up all Vacancies that may 
happen during the Recess of the Senate, by granting Commissions which 
shall expire at the End of their next Session. 
  Section. 3. He shall from time to time give to the Congress 
Information of the State of the Union, and recommend to their 
Consideration such Measures as he shall judge necessary and expedient; 
he may, on extraordinary Occasions, convene both Houses, or either of
them, and in Case of Disagreement between them, with Respect to the 
Time of Adjoumment, he may adjourn them to such Time as he shall 
think proper; he shall receive Ambassadors and other public Ministers; 
he shall take Care that the Laws be faithfully executed, and shall 
Commission all the Officers of the United States. 
  Section. 4. The President, Vice President and all civil Officers of 
the United States, shall be removed from Office on Impeachment for, 
and Conviction of, Treason, Bribery, or other high Crimes and 
Misdemeanors. 

May 29, 2012

Since it is an election year - part 2

"Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government."
— James Madison

Article 1, Sections 4 - 10
Section. 4. The Times, Places and Manner of holding Elections for 
Senators and Representatives, shall be prescribed in each State by 
the Legislature thereof; but the Congress may at any time by Law make 
or alter such Regulations, except as to the Places of chusing Senators. 
  The Congress shall assemble at least once in every Year, and such 
Meeting shall be [on the first Monday in December,]* unless they shall 
by Law appoint a different Day. 

*Changed by section 2 of the Twentieth Amendment. 

  Section. 5. Each House shall be the Judge of the Elections, Returns 
and Qualifications of its own Members, and a Majority of each shall 
constitute a Quorum to do Business; but a smaller Number may adjourn 
from day to day, and may be authorized to compel the Attendance of 
absent Members, in such Manner, and under such Penalties as each House 
may provide. 
  Each House may determine the Rules of its Proceedings, punish its 
Members for disorderly Behaviour, and, with the Concurrence of two 
thirds, expel a Member. 
  Each House shall keep a Journal of its Proceedings, and from time to 
time publish the same, excepting such Parts as may in their Judgment 
require Secrecy; and the Yeas and Nays of the Members of either House 
on any question shall, at the Desire of one fifth of those Present, be 
entered on the Journal. 
  Neither House, during the Session of Congress, shall, without the 
Consent of the other, adjourn for more than three days, nor to any 
other Place than that in which the two Houses shall be sitting. 
  Section. 6. The Senators and Representatives shall receive a 
Compensation for their Services, to be ascertained by Law, and paid 
out of the Treasury of the United States. 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. 
  No Senator or Representative shall, during the Time for which he was 
elected, be appointed to any civil Office under the Authority of the 
United States, which shall have been created, or the Emoluments whereof 
shall have been encreased during such time; and no Person holding any 
Office under the United States, shall be a Member of either House during 
his Continuance in Office. 
  Section. 7. All Bills for raising Revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with Amendments 
as on other Bills. 
  Every Bill which shall have passed the House of Representatives and 
the Senate, shall, before it becomes a Law, be presented to the 
President of the United States; If he approve he shall sign it, but if 
not he shall return it, with his Objections to that House in which it 
shall have originated, who shall enter the Objections at large on their 
Journal, and proceed to reconsider it. If after such Reconsideration 
two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall 
likewise be reconsidered, and if approved by two thirds of that House, 
it shall become a Law. But in all such Cases the Votes of both Houses 
shall be determined by yeas and Nays, and the Names of the Persons 
voting for and against the Bill shall be entered on the Journal of each 
House respectively. If any Bill shall not be returned by the President 
within ten Days (Sundays excepted) after it shall have been presented 
to him, the Same shall be a Law, in like Manner as if he had signed it, 
unless the Congress by their Adjournment prevent its Return, in which 
Case it shall not be a Law. 
  Every Order, Resolution, or Vote to which the Concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of Adjournment) shall be presented to the President of the 
United States; and before the Same shall take Effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two thirds of 
the Senate and House of Representatives, according to the Rules and 
Limitations prescribed in the Case of a Bill. 
  Section. 8. The Congress shall have 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 United States; but all 
Duties, Imposts and Excises shall be uniform throughout the United 
States; 
  To borrow Money on the credit of the United States; 
  To regulate Commerce with foreign Nations, and among the several 
States, and with the Indian Tribes;
  To establish an uniform Rule of Naturalization,  and uniform Laws 
on the subject of Bankruptcies throughout the United States;
  To coin Money, regulate the Value thereof, and of foreign Coin, and 
fix the Standard of Weights and Measures; 
  To provide for the Punishment of counterfeiting the Securities and 
current Coin of the United States; 
  To establish Post Offices and post Roads; 
  To promote the Progress of Science and useful Arts, by securing for 
limited Times to Authors and Inventors the exclusive Right to their 
respective Writings and Discoveries; 
  To constitute Tribunals inferior to the supreme Court;  
  To define and punish Piracies and Felonies committed on the high Seas, 
and Offenses against the Law of Nations; 
  To declare War, grant Letters of Marque and Reprisal, and make Rules 
concerning Captures on Land and Water;
  To raise and support Armies, but no Appropriation of Money to that 
Use shall be for a longer Term than two Years; 
  To provide and maintain a Navy; 
  To make Rules for the Government and Regulation of the land and naval 
Forces; 
  To provide for calling forth the Militia to execute the Laws of the 
Union, suppress Insurrections and repel Invasions; 
  To provide for organizing, arming, and disciplining, the Militia, 
and for governing such Part of them as may be employed in the Service 
of the  United States, reserving to the States respectively, the 
Appointment of the Officers, and the Authority of training the Militia 
according to the discipline prescribed by Congress; 
  To exercise exclusive Legislation in all Cases whatsoever, over such 
District (not exceeding ten Miles square) as may, by Cession of 
particular States, and the Acceptance of Congress, become the Seat of 
the Government of the United States, and to exercise like Authority 
over an Places purchased by the Consent of the Legislature of the State 
in which the Same shall be, for the Erection of Forts, Magazines, 
Arsenals, dockYards and other needful Buildings;--And 
  To make all Laws which shall be necessary and proper for carrying 
into Execution the foregoing Powers, and all other Powers vested by 
this Constitution in the Government of the United States or in any 
Department or Officer thereof. 
  Section. 9. The Migration or Importation of such Persons as any of 
the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the Year one thousand eight 
hundred and eight, but a Tax or duty may be imposed on such 
Importation, not exceeding ten dollars for each Person.  
  The Privilege of the Writ of Habeas Corpus shall not be suspended, 
unless when in Cases of Rebellion or Invasion the public Safety may 
require it. 
  No Bill of Attainder or ex post facto Law shall be passed. 
  No Capitation, or other direct, Tax shall be laid, unless in 
Proportion to the Census or Enumeration herein before directed to 
be taken.*  

*See Sixteenth Amendment. 

  No Tax or Duty shall be laid on Articles exported from any State. 
  No Preference shall be given by any Regulation of Commerce or 
Revenue to the Ports of one State over those of another: nor shall 
Vessels bound to, or from, one State, be obliged to enter, clear, 
or pay Duties in another. 
  No Money shall be drawn from the Treasury, but in Consequence of 
Appropriations made by Law, and a regular Statement and Account of 
the Receipts and Expenditures of all public Money shall be published 
from time to time. 
  No Title of Nobility shall be granted by the United States: And no 
Person holding any Office of Profit or Trust under them, shall, without 
the Consent of the Congress, accept of any present, Emolument, Office, 
or Title, of any kind whatever, from any King, Prince, or foreign State. 
  Section. 10. No State shall enter into any Treaty, Alliance, or 
Confederation; grant Letters of Marque and Reprisal; coin Money; emit 
Bills of Credit; make any Thing but gold and silver Coin a Tender in 
Payment of Debts; pass any Bill of Attainder, ex post facto Law, or 
Law impairing the Obligation of Contracts, or grant any Title of 
Nobility.  
  No State shall, without the Consent of the Congress, lay any 
Imposts or Duties on Imports or Exports, except what may be absolutely 
necessary for executing it's inspection Laws: and the net Produce of 
all Duties and Imposts, laid by any State  on Imports or Exports, shall 
be for the Use of the Treasury of the United States; and all such Laws 
shall be subject to the Revision and Controul of the Congress. 
  No State shall, without the Consent of Congress, lay any Duty of 
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any 
Agreement or Compact with another State, or with a foreign Power, or 
engage in War, unless actually invaded, or in such imminent Danger as 
will not admit of delay. 
 
 
IMHO These six sections are those that Congress wants us to understand the least.

May 23, 2012

Since it is an election year

I thought that it might be helpful to some people to remind everyone what this whole thing is about. So let's start with a quote from Thomas Jefferson on the Constitution and the document itself.

 "On every question of construction let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning can be squeezed out of the text, or invented against it, conform to the probable one which was passed." --- Thomas Jefferson, third President of the United States

 The Constitution of the United States of America Preamble: We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

 Article 1; Sections 1 - 3 Article. I.

Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. [Representatives and direct Taxes shall be apportioned among the several States which maybe included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.]* The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

 *Changed by section 2 of the Fourteenth Amendment.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section. 3. The Senate of the United States shall be composed of two Senators from each State, [chosen by the Legislature thereof,]* for six Years; and each Senator shall have one Vote.


*Changed by the Seventeenth Amendment. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; [and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.]*

*Changed by the Seventeenth Amendment.

 No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Continued - next issue, the remainder of Article 1