2005-10-21

US Constitution Article I §§ 6 & 7

Article I, Section 6, Clause 1 of the United States Constitution provides an immunity to Representatives and Senators.

It states:

" 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, beprivileged 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."

The first sentence states that the members of both Houses will be paid for their duty (there qualifications to this which will be addressed when I discuss Amendment XXVII, a very interesting Amendment).

The second sentence provides the immunity. Representatives and Senators cannot be arrested for any crimes other than treason, felonies, or breaches of peace while they are attending a session of congress or while they are travelling to (or from) such session. This is a fair law, designed to prevent an extreme movement within their home state starting a movement leading to their arrest before an important vote.

Section 7, verbatim (my comments between clauses), reads:

"Clause 1: 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."

This clause merely means that tax bills must start in the House, but the Senate may propose a concurring bill (as required for a bill to become law).

"Clause 2: 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."

This clause requires the President of the United States to sign any bill for it to become law. If the President does not wish the bill to become law, he can veto it, which means he can prohibit it from becoming law. This veto my be overridden if 2/3 of the House and Senate vote for the bill. This requires 290 Representatives and 67 Senators. The "yeas and neas" mean that this cannot be a "voice" vote, each Representative and Senator must explicitely and separately vote for or against the bill. Lastly, if Congress is in session and the President does not sign the bill, nor veto it, it will become law.

"Clause 3: 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."

Clause 3 states that every bill that the House and Senate approve must be presented to the President. The rest merely states that Clause 2 must be followed.

2005-10-16

Pseudoephedrine Controls

The new pseudoephedrine controls, in effect in many states, are yet another example of our of control government.

I went to CVS tonight to get a prescription. I noticed that Sudafed, Advil Cold and Sinus, and many other medicines were behind the pharmacy counter. I asked my pharmacist, Mr. Vu, if this was a new law. He said that it was. Pharmacists are required to verify ID and have the customer sign a log if that customer is purchasing any product with pseudoephedrine.

Pseudoephedine, along with several other chemicals, can be made into methamphetamine. The whole USA is afraid of this new "meth problem." First of all, if people want to use speed, it's their own issue, not mine. Secondly, why should I be inconvenienced buying cold medicine just because someone wants to get high? It is now illegal (a federal law) to possess more than 3 packages of pseudoephedrine containing products at one time. This is complete BS. What if you have 10 children (a rare, but possible circumstance) and they all have a cold? Worse yet, a medication such as Advil Cold and Sinus has ibuprofen and pseudoephedrine. You cannot make meth out of this because the other chemical will fuck with the rest of the process.

My pharmacist proposed a very clear scenario. If someone wants to cook up some meth, they can have their friends, their brothers, sisters, etc. go to CVS and buy the meth. The whole group can then move on to Walgreens, Rite Aid, and have enough Sudafed to make a whole lotta speed.

For all of you non-believers who are still reading my story, consider this. At the very most, 35% of Meth is made in the USA. The rest is from Mexico. There are 3 things that can happen with these stupid laws. Either:

1. Meth production in the United States drops, the price goes up by a bit.
2. The Mexicans start producing a lot more Meth and the price remains stable or drops.
3. The American Meth producers find something else to use instead of pseudoephedrine. Pseudoephedrine remains behind the counter, and the government never admits fault by repealing a law that does nothing.

Meanwhile, taxpayers have to pay for the 100 or so people (per state) that verify all of the pharmacy logs, enter this information into a computer, and enforce the law.

Mr. Vu said that soon enough he'll have a log for aspirin sales.

Bottom line: let's get the government out of the drug regulation business, whether is aspirin, pseudoephedrine, marijuana, cocaine, or methamphetamine. Let people make their own choices, eliminate the bullshit.