Saturday, November 6, 2010

Part 1

The Constitution of the United States
As Seen By an Average American.
Part 1

Note: The following text in bold is a transcription of the Constitution in its original form.

When the Constitution of the United States was written it was by the hands of men from many walks of life. There were Army Generals, lawyers, shop keepers and farmers all in the same room working toward the same end. Although each had their own ideas of what the construct of this new country should be, they all knew it would be decided in that room by that diverse group of men. In the end they ended up with a document that was written for the People by the People. It was a document that was intended to be understood by all the citizens of the newly formed United States from people of all levels socially and economically. Today this document is being interpreted in so many various ways to fit whatever political agenda is popular at the time, not to benefit the people or even the country, but to benefit the person or party doing the interpretation. Many are saying you have to go back to the source documents to really understand the Constitution, which is not how the Framers intended the Constitution to be read. I do believe you have to go back to the source documents to support your arguments when it comes to defending the Constitution and proving the violations that are being done in its name. The following is my understanding of the Constitution and the Bill of Rights, the first ten Amendments, using only the words in the document itself. I am splitting this up to keep the size down. In the first part will contain the Preamble and Article I which pertains to Congress, probably the most important group in the Government as far as protecting the interest of the People.

Preamble to the Constitution


We the People of the United States,


If you will notice this says, “We the People”, not I the politician, or I the elite, or even I the poor, it’s “We the People”. That line alone should tell you that the Framers of the Constitution intended on this document to be for the people of the United States as a whole, not anyone individual or group above the others.


…in Order to form a more perfect Union,


Following the Declaration of Independence the Articles of Confederation were written to bring the Colonies together in order to fight the British in the Revolutionary War. The Articles of Confederation were hardly more then an agreement for the States to help each other in this endeavor, they were as close to declaring anarchy as one could get without coming right out and saying it. Following the Revolutionary War the leaders of the Colonies realized that the Articles of Confederation would do nothing more then postpone the failure of the Country that they had just fought for, therefore they call together the Constitutional Convention under the pretense of amending the Articles, and instead they completely rewrote the contract that would form the United States of America. The wording “a more perfect union” is important to note, these men were not so arrogant to believe they were forming the perfect union, they knew they would make mistakes and that the people that followed them would make mistakes. Later in the Constitution they gave the means to correct mistakes and to update the Constitution, if we would only follow it.


…establish Justice, insure domestic Tranquility,


These two items work hand in hand; they are the statements that separate the Republic that was formed from an Anarchical society. In order to have “domestic tranquility” there must be justice, fair and equal justice. This is the statement that tells us the Framers intended on us being a nation of laws.


…provide for the common defense, promote the general Welfare,


Once again two items that work hand in hand; also two items that have been miss-interpreted. They are also two items that have been misused throughout the history of the United States. The common defense refers to the common defense of all the States in the Union, not one State over another, and not by engaging in police actions that have nothing to do with the welfare of our Nation. The general welfare refers to the general welfare of the Nation as a whole, not the people as individuals. This should be applied to ensuring equal and fair trade between the States and with other Nations as necessary; it also again applies back to the common defense. You are not promoting the general welfare of the Nation when our borders are open to the illegal immigration of thousands of people, it wears on the resources we have in this country. You are also not providing for the common defense with open borders that allow the free flow of illegal drugs, guns, gangs and human smuggling.


…and secure the Blessings of Liberty to ourselves and our Posterity,


These are the statements that actually can be applied to the people of the United States. The Framers believed that in order for the Republic to survive and prosper liberty, individual liberty, was a must. Without liberty we were just another country with a monarchy, the same type of rule we had just fought and bled to be free of.


…do ordain and establish this Constitution for the United States of America.


If you will notice there is nothing here that says they make this the rule of the land, they established it, and the States had to later ratify it making it the law of the land.

The Preamble of the Constitution is an opening argument, it’s not a statement of law nor is it to be interpreted as enumerated powers to the Federal Government. It is simply a summary of what the Framers were trying to do with the following Articles of the Constitution. Too many times in our history politicians, judges and special interest groups have taken the words of the Preamble and turned them into policy, laws and talking points for the special interests. If this were meant to be law then you could also argue that a lawyer in a court of law could win his or her case based on the opening argument alone without ever having to present facts to back up the opening, that is not the case in a court and it’s not the case when it comes to the Constitution.


Article I
: The Legislative Branch


The Legislative Branch was intended to be the branch of the Federal Government that represented the People of the United States and the Individual States themselves, the branch that would ensure equality between the States and to prevent the President from becoming a dictator or a Monarch. Because of the Legislative Branch we have a Republic with indirect democracy, in other words, it’s the Peoples wishes as exercised through elected representatives.


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 1 is pretty self explanatory, the Framers felt that in order to properly legislate there should be two houses in Congress to serve as a check and balance on each other. The genius in this is in how they set up each house and why they set them up the way the did.



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 may be 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.


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 2 simply states the requirements for the House of Representatives. The name alone should be a clue as to their role in the Government; they are the Representatives of the People, not of the individual States or the Federal Government as a whole, but of the People. It states that the Representatives shall be chosen every 2 years, this was a measure to allow the people to remove Representatives that were not acting in the best interest of the People in a timely manner. The number of Representatives was tied directly to the population of the several States. As other things in history changed this section was changed by Amendments to remove the three fifths person reference and to align this section more to the sentiment that all men and women in the United States were equal, as it should be. It should also be noted that the House of Representatives have the sole power of Impeachment, they are the ones that can call for the Impeachment of President, they are the Peoples voice, no one else has that power.


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.


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.


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.


Section 3 defines the requirements for the Senate. The members of the Senate shall be chosen by the Legislators of the individual States, not the people of the States. There shall be two per State to ensure that each State has equal representation with the Federal Government. Each Senator will sit for 6 years, although if chosen by the State Legislators the States can write their Constitutions such that they can recall a Senator if that Senator is not acting on the wishes of the State Government. As I stated before the Framers split Congress into two houses to provide for checks and balances, it should be obvious that they put two separate checks and balances in right at the beginning. First one being that the House is chosen by the people according to population to fairly represent the People of the country. The Senate is chosen by the State Governments, 2 per State, to equally represent the States interests which may not always be aligned with the People’s wishes. The second check is that while the House of Representatives has the power of impeachment the Senate has the sole power to try Impeachments. The People may call for the impeachment but the State Governments try the impeached. While both of these checks could look like a way to simply has a continually stagnant Federal Government it was the Framers way of ensuring that the keys to this Union, the People and the individual States would both be represented in a fair and equal manner. This train of thought is evident in the following articles which further define the duties and powers of the Legislative Branch of the Federal Government. The Framers knew that with out the individual States there would be no Union, no United States and without the People there would be no individual States.


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.


Section 4 puts the power of election laws for Congress in the hands of the individual State Governments with the caveat that the Congress can enact changes as necessary by law. Although there is the exception that the place of choosing of Senators shall not be changed, that place being in the States Legislations. This has been done, albeit by a Constitutional Amendment, but it has been done and has had consequences.


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 5 is simply a statement allowing each house to set its own in-house rules of conduct while in session.


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 6 is nothing more then a statement allowing members of Congress to be compensated for their services and to be free from prosecution from misdemeanors while in session. It should be noted that when the Constitution was written Congress was not in constant session, they were called to meet only once a year or more if deemed necessary.


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 become 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 7 spells out the process for which bills may be proposed and passed in order to become law. It also contains more of the checks that the Framers felt were necessary to prevent the abuse of either the People or the individual States. All bills for raising revenue shall originate in the House of Representatives, in other words if you want to tax the People then the Representatives of the People shall be the ones to write the bills. Since the People can be selfish and try to push personal agendas and mandates that may not be in the best interest of the individual States every bill must pass both houses before it can get to the Presidents desk. In order for the best interest of the country as a whole (the general welfare) to be best served the President has 10 days (Sundays excluded) to consider each bill before either signing it into law or passing it back to Congress with his objections in writing to be reconsidered. There is also a clause preventing the slow death of laws that the President does not like just by ignoring them, if he does nothing with the bill in 10 days it will automatically become law, just as if he signed it. This section also states that all bills must be passed by two thirds of each house, not by 51%, but by two thirds, no exceptions. For bills that do not involve revenue either house may initiate the bill, this allows laws or Amendments to be written to the benefit of the People or to the States as each sees necessary. They still have to pass both houses and the President before they can become law, in this manner the country as a whole is best served.


Section. 8

In order to give the proper attention to Section 8 I will put comments after each of the powers enumerated to Congress. There are only 18 powers enumerated to Congress, several of these have been misused and abused while at the same time Congress has taken more powers then they have the right to without protest from the American People or the individual States.


(1) 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;


While Congress was given the power to lay and collect taxes and other forms of revenue, remember the bills must be written in the House of Representatives and approved by both houses by a two thirds vote in each, these revenues were meant solely for the payment of debts already incurred, providing for the common defense and for the General Welfare of the United States. This does not mean that they are to be used to create more debt, or to line the pockets of the leaders of special interest groups, or for building bike paths or hiking trails. It also does not mean that the money is to be used for welfare, now commonly called entitlement programs; they are for the general welfare of the United States as a whole.


(2) To borrow Money on the credit of the United States;


This is self explanatory, only if you start checking Congress has borrowed so much that the credit of the United States in slipping.


(3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


To regulate commerce, means to keep commerce regular and fair. It makes sense to have the Federal Government regulate the commerce with other Nations instead of having 50 different (at the time 13) independent Governments trying to negotiate deals. It also makes sense that in order to insure domestic tranquility within the Colonies that the Federal Government should have to power to regulate


(4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;


Congress has the power to determine how a person becomes naturalized, what it takes to become a citizen of the United States. Naturalization is not the same as immigration, immigration is the process of coming into a country, and naturalization is the process of becoming a citizen. Congress also has the power to determine bankruptcy procedures throughout the United States. These laws were to be uniform throughout the country, yet I’m sure if you looked into the laws of various States you will find that there are differences.


(5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;


Congress were the ones that were to coin the money for the United States, they were not to regulate this out to a private entity that would be more concerned with making a profit and keeping the share holders happy then they are of ensuring the “general welfare” of the Nation.


(6) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;


In keeping with the power of regulating coin Congress also had the power to punish those that tried to copy our coin.


(7) To establish Post Offices and post Roads;


Once again this is self explanatory. The Framers knew that being able to send and deliver post would be important to keeping the Nation together, not only for the People, but also for trade and National defense. This is also the only agency that is mentioned by name that the Government was given the power to establish.


(8) 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;


While Congress was given the power to promote science and useful arts the Framers put time limits on this power to keep it from becoming a lifetime entitlement.


(9) To constitute Tribunals inferior to the supreme Court;


Congress was given the power of inferior Federal courts. This power is better defined in Article III.


(10) To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;


This is self explanatory. During the days of the Framers the seas were the route for trade and travel. It was important to protect those trade routes.


(11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;


Congress has the power to declare war, no one else. In the United States there has not been a declaration of war since World War II yet billions of dollars have been spent on military actions overseas.


(12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;


Standing Armies were used against the original Colonists so they felt they were a detriment to the liberty of the citizens and the Union of the States, therefore there were limits placed on how long Armies could be funded. Congress, more specifically the House of Representatives (in other words the representatives of the People) had to vote on the budget, the appropriations, every 2 years.


(13) To provide and maintain a Navy;


The importance of keeping trade routes safe were enough for the Framers to specifically authorize a Navy without including the requirement that Congress must authorize its budget every 2 years. The Navy was not seen as a potential threat to the citizens of the United States but as a defense of the all important trade routes.


(14) To make Rules for the Government and Regulation of the land and naval Forces;


Congress was to make rules for the Government and for the fighting forces that were authorized by the Constitution.


(15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;


There was no standing Army active at the time the Framers wrote the Constitution, therefore they had to have the authorization to call forth the militia, a militia made up of men from the independent States.


(16) 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;


Once the militia was called forth Congress had to have the authority to obtain the funds to arm them and train them. They also had to have the authority to appoint officers that could maintain discipline and lead the militia.


(17) 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 all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And


This gave Congress the authority to be the local Government for Washington DC. This is also the power that grants the Federal Government authority over needful buildings and lands to be controlled by the Federal Government. Needful buildings would include military bases, post offices and Federal Courts, this does not grant the Federal Government the right to seize lands for monuments and National Parks.


(18) 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.


Once the powers of Congress were spelled out, enumerated, Congress had to have the authority to write laws as necessary to carry out their enumerated powers.

The above 18 items are the sole powers authorized to Congress. These are the powers that the individual States debated on and later ratified making it the law of the land, or if you prefer, the contract between the Federal Government to the individual States and the People.

Section. 9.


(1) 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.


(2) 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.


(3) No Bill of Attainder or ex post facto Law shall be passed.

(4) No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

(5) No Tax or Duty shall be laid on Articles exported from any State.


(6) 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.


(7) 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.


(8) 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.


In order to properly control anything you have to have restrictions. The Constitution gave 18 powers to Congress and then set down 8 restrictions as well. To sum up the restrictions are fairly easy, immigration is needed but we want to control it in the future; the Government cannot arrest or detain someone with out cause; no laws shall be written and post dated so it looks like it’s always been there; we will not place taxes and tariffs on exports from one State to another; all States will be treated equally; no unauthorized money may be taken from the Treasury; and the United States will not grant noble titles that leads. I purposely left (4) for last, No capitation or other direct tax shall be laid unless in proportion to the census. Taxation in this country has been in violation of this provision for decades, direct proportion to the census means that everyone pays an equal share, in reality that should be that each State pays to finance the Federal Government based on it’s population, then each State can determine how to tax its citizens. Either way, direct proportion to the census does not say on a sliding scale based on income or lack thereof.


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.


If there are going to restrictions placed on the Federal Government then there should be restrictions placed on the individual States to prevent undermining the Federal Government. Section 10 does just that, the Federal Government will deal with foreign Governments and take care of all the things that go with that. States can not coin their own money. States will defer to the Federal Government for all aspects of defense unless it is an emergency. All restrictions that were placed on the States were necessary for the Union to remain a Union.


It’s important to note that there is no restriction placed on the States to prevent them from seceding from the Union if the States deem it necessary, this was incorrectly stated during the Civil War. The States were considered to be independent Governments, free to govern as they felt necessary for their own posterity.


Our Politicians will tell you anything they want as far as what the Constitution says, they will twist words just to pass the laws they are pushing for. This country was formed based on the premise that the United States is a collection of smaller individual countries that will write laws as they see fit, the Constitution only takes into account those things that would affect the Union as a whole. In recent history we lost 2 Congressmen that were touted as being outstanding politicians, they brought untold amounts of money into their respective States. The money they brought in was more then there individual States had contributed to the Union; meaning that all the other States were paying for projects that would be of no benefit to the rest of the Nation. That is not the way this country was intended to be run.



11/6/2010

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