2005-10-14

US Constitution Article 1 §§ 1-5

Article 1 of the US Constitution establishes Congress (The House of Representatives and the Senate) .

§ 1 simply states that all of the powers given in Article 1 will be provided to the House and Senate.

§ 2 is the part of the Constitution that defines the House of Representatives

§ 2, Clause 1 requires Representatives to be elected every two years. Clause 2 sets the minimum age for a Representative at 25 years, requires him or her to be a citizen for at least seven years, and requires him or her to be a resident of the state that will be represented in Congress. These requirements are very basic, 25 years is what most people would consider the minimum amount of years lived to have the experience and knowledge required to participate in the business of national politics (though your mileage may vary) and the citizenship requirement is also obvious since loyalties should not be questioned (although dual citizens are technically allowed).

§ 2, Clause 3 sets apportionment, which is how the number of Representatives are divided among the states. At the time the Constitution was adopted, the population of a state was determined as being the number of free persons plus 3/5 of all other persons (i.e. slaves). This 3/5's rule was introduced at the bequest of the South who had many more "other persons" than free men. Indians who do not pay taxes are not included in the calculation. This clause also states that there cannot be more than one Representative for more than 30,000 people and that each state must have at least one. Lastly, this clause specifies the starting number of Representatives for the thirteen colonies.

§ 2, Clause 4 specifies that if a Representative should die, resign, etc, the "Executive Authority" of the state can fill the vacancy. This phrase is understood to mean governor.

§ 2, Clause 5 states that the Representatives choose their own speaker and officers and that the Representatives are the only ones with the power of impeachment.

§ 3 is the part of the Constitution that defines the Senate.

§ 3, Clause 1 states that the Senate is composed of two Senators from each state that (at the time of adoption) were chosen by the state legislature (they are now voted into office directly by the people). They hold office for six years and each Senator receives one vote.

§ 3, Clause 2 defines the classes of Senators. Every 2 years, 1 class of Senators are up for election. Three classes of Senators have been established, so every 6 years all Senators will come up for re-election once. When the Constitution took effect, 1/3 of Senators only served two years terms, 1/3 served for four years and the remaining 1/3 served the full six years. This was necessary at the beginning to start the class structure.

§ 3, Clause 3 requires Senators to be at least 30 years old, citizens for nine years, and (like Representatives) must be a resident of the state for which they are chosen to represent. Since the Senate is the Upper House, they require more experience and greater ties to the United States.

§ 3, Clause 4 gives the power of President of the Senate to the Vice President, though he (or she) can only vote in the event of a tie.

§ 3, Clause 5 provides the Senate with the power to choose their own officers including the President pro Tempore who is the head of the Senate when the Vice President is not present.

§ 3, Clause 6 gives the Senate the power to try all impeachments (which they did for Andrew Johnson and Bill Clinton). This clause states that the Chief Justice of the United States will preside for impeachments concerning the President and that it takes 2/3 votes of members present to convict a person.

§ 3, Clause 7 specifies that when a person is impeached and subsequently convicted, the most that can happen to them from this conviction is removal from office. However, they may still be tried by other courts.

§ 4 gives the power of holding elections for Senators and Representatives to the state legislatures, but that Congress may alter these regulations.

§ 5, Clause 1 states that a majority of members of either House must attend for normal business functions, but less than a majority may discipline other members of lack of attendance.

§ 5, Clause 2 provides the two Houses with the power to determine their own rules and the authority to expel a member with 2/3 vote.

§ 5, Clause 3 requires that each House keep a journal of their proceedings, the Congressional Record as it is now known. They may keep secret some of their proceedings but must publish votes at the request of 1/5 of members present.

§ 5, Clause 4 prohibits either House from adjourning (not conducting business) for more than three days without permission from the other House. They also cannot meet anywhere other than their assigned place.

So, there are the first 5 sections of Article 1 of the US Constitution. The two houses of Congress have now been established and are free to choose their own rules, try presidents anddiscipline their own members. Next time we will find out what laws they are allowed to pass (hint: they now regulate more than what is legal).

2005-10-13

Cruisin'

The Minnesota Vikings are in a bit of trouble after a sex filled cruise in lake Minnetonka.  Supposedly the Hennepin County sheriff is investigating whether *gasp* people paid money for sex!!  Apparently the crew returned the boat to port early due to "lewd behavior."
 
While this isn't good public relations from the sport that brought you the OJ Simpson, the Dallas Cowboys, and the Oakland Raiders, I think it's a complete waste of resources to have law enforcement looking into this.  Consensual sex should never be prosecuted. 
 
Here is the Sheriff McGowan's contact information (obtained from his website) if you wish to contact him:
 
sheriff@co.hennepin.mn.us
Phone 612-348-3744
 

A Preamble to the US Constitution

I'm going to start posting parts of the Constitution on here. I believe it is one of the most important documents ever drafted in the history of the world. Most Americans don't know any of it past the first 3 words of the preamble and a couple amendments. I'll still give my commentary on current events, but I think it's fitting and proper for this blog to contain a series dedicated to the origin of American law that continues to be misunderstood and misinterpreted. Anything from the Constitution will be in quotes to distinguish from my commentary, and all emphasis is added by this author.

Thus, following my preamble, here is the preamble of The United States Consititution.


"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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."


This is the beginning of the Constitution. It is one sentence, probably a run on by today's standards, yet it sets the standard for the rest of the document. It does not spell out any rules, but is an introduction to what follows. It establishes that the subsequent rules are agreed upon by the people, with the purpose of giving a standard, overreaching set of laws that will bind the States together in a federation, thereby creating a country. The rationales laid out here are very libertarian. They merely mention keeping the Union together by a set of laws that set limits on government power ("..secure the Blessings of Liberty") and providing a "common defence" and "Justice) two of the few acceptable reasons for a government. The clause "promote the general Welfare" is very vague, but I take it to mean allowing the government to mint currency, establish roads, and perform other minor functions necessary to turn a country out of wilderness.

2005-10-10

patricksemmens.com: Brady Scare Tactics

I usually don't directly link to other blogs without commentary, but I think this article speaks for itself. I am in total agreement.

patricksemmens.com: Brady Scare Tactics