There was quite a vocal fight about permitting a restaurant to have belly dancing in rural Oakland County, MI.
Best quotes:
"The Devil is at Orion's gate." Orion is the township in question.
"These people are out of their minds." Obviously, this was said by a reasonable fellow.
Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts
2010-07-14
2009-09-18
Confederacy and States' Rights
I'm a proponent of some states' rights, but one thing that has always gotten on my nerve is that a lot of people who are for states' rights wave the Confederate Battle Flag in some kind of historical lovefest.
Reading this makes me feel a bit better, seems that the CSA was not much of a "limited government" and was actually worse than the North when it comes to liberty (though this should be pretty obvious since they enslaved over half their population).
2009-03-27
Michelle Bachman: Traitor
Congresswoman Michelle Bachman is a traitor to the United States of America. She has recently spoken in favor of an "armed" revolution against the government because of the planned tax increases on energy. These tax increases would be implemented through a cap and trade of carbon dioxide, a greenhouse gas that is one of the main causes of global weirding, whose effects can be read about here.
Article 3, Section 3 of the Constitution of the United States of America: " Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. "
2009-01-21
Just in case...
President Obama has retaken the Oath of Office, just in case some loon on the right wing tries to say he is not the President. You may remember that the Chief Justice mucked it up.
2008-06-27
DC Mayor Says Semi-Autos are Illegal
To show the lack of understanding in the DC government, one must only go to their website, in which the mayor has released a statement that semi-automatic handguns will still "generally" be banned in the city.
For those who are not familiar with guns, many do not know what semi-automatic means. It means one pull of the trigger is required for each shot. These types of handguns used to actually be called "automatic" but once smaller machine guns came out the "semi" was added.
Just about any handgun made in the last 100 years is a semi-auto, including revolvers and those fed with a magazine.
2006-12-14
US Constitution Article I § 9
My Constitution Project has been dormant for several months. Here is some new life. Hopefully I'll be able to complete it in 2007.
Section 9 of the US Constitution places explicit restrictions on Congress. You may remember in my previous post, Section 8 told Congress exactly what it can do (although today's Congress is a far cry from what it was intended to be).
Clause 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.
Congress cannot prohibit the slave trade until 1808 but may tax $10 per slave. Obviously this clause does not apply to us anymore.
Clause 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.
Habeas Corpus is a fundamental right. Basically it means that you cannot be held in detention indefinitely without being charged with a crime. It was suspended during the Civil War by Abraham Lincoln. George W. Bush has ignored it several times and used questionable legal means to delay it being applied to certain individuals accused of terrorism. I consider any president, including Lincoln, that suspends this right to be an enemy of true liberty.
Clause 3: No Bill of Attainder or ex post facto Law shall be passed.
Bills of attainder are laws that take away rights from one person or group of persons without a trial. An ex post facto law declares something illegal and retroactively punishes people who have broken it before it was passed.
Clause 4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
Unfortunately the 16th Amendment "clarified" this. I will handle this subject later on.
Clause 5: No Tax or Duty shall be laid on Articles exported from any State.
Interstate commerce cannot be taxed. It still isn't, at least by the federal government. States cannot charge a "sales tax" either for interstate sales, but commonly charge a "use tax" which is a tax paid to use an item in the state. Using basically means owning. These laws are largely unenforced, though my home state of Virginia asks you to fill out on your tax return the value of items you bought online. These use taxes are almost completely unenforceable. In order to know that I bought something, not only would they have to scan my credit card and bank statements for online or phone orders, but they would have to prove that those items were in fact mailed to me and not sent to someone as a gift.
Clause 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.
No states can be favored more than others. Very hard to enforce this clause unless under severe circumstances.
Clause 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.
Congress can only spend money after it passes a law to spend that money, which it does much too often.
Clause 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.
This statement was almost codified into a law in which someone would be stripped of citizenship if they accepted a title of nobility. Having freed ourselves from Britain, we were tired of the knights, kings, queens, dukes, and all of that nonsense.
Section 9 of the US Constitution places explicit restrictions on Congress. You may remember in my previous post, Section 8 told Congress exactly what it can do (although today's Congress is a far cry from what it was intended to be).
Clause 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.
Congress cannot prohibit the slave trade until 1808 but may tax $10 per slave. Obviously this clause does not apply to us anymore.
Clause 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.
Habeas Corpus is a fundamental right. Basically it means that you cannot be held in detention indefinitely without being charged with a crime. It was suspended during the Civil War by Abraham Lincoln. George W. Bush has ignored it several times and used questionable legal means to delay it being applied to certain individuals accused of terrorism. I consider any president, including Lincoln, that suspends this right to be an enemy of true liberty.
Clause 3: No Bill of Attainder or ex post facto Law shall be passed.
Bills of attainder are laws that take away rights from one person or group of persons without a trial. An ex post facto law declares something illegal and retroactively punishes people who have broken it before it was passed.
Clause 4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
Unfortunately the 16th Amendment "clarified" this. I will handle this subject later on.
Clause 5: No Tax or Duty shall be laid on Articles exported from any State.
Interstate commerce cannot be taxed. It still isn't, at least by the federal government. States cannot charge a "sales tax" either for interstate sales, but commonly charge a "use tax" which is a tax paid to use an item in the state. Using basically means owning. These laws are largely unenforced, though my home state of Virginia asks you to fill out on your tax return the value of items you bought online. These use taxes are almost completely unenforceable. In order to know that I bought something, not only would they have to scan my credit card and bank statements for online or phone orders, but they would have to prove that those items were in fact mailed to me and not sent to someone as a gift.
Clause 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.
No states can be favored more than others. Very hard to enforce this clause unless under severe circumstances.
Clause 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.
Congress can only spend money after it passes a law to spend that money, which it does much too often.
Clause 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.
This statement was almost codified into a law in which someone would be stripped of citizenship if they accepted a title of nobility. Having freed ourselves from Britain, we were tired of the knights, kings, queens, dukes, and all of that nonsense.
2006-07-22
US Constitution Article I § 8 Clauses 9-18
My Constitution project continues.
Article I, Section 8 of the US Constitution spells out all powers given to Congress. Congress chooses to do more than what it should these days, but technically that's not legal. You can read my previous post for the first 8 clauses, here are the rest of them:
Keep in mind that all of these clauses follow the statement: "Congress Shall have power to"
Clause 9: "To constitute Tribunals inferior to the supreme Court;"
Very simply, Congress can create any number of federal courts under the US Supreme Court, which it has done over the years. These courts generally hear moderate level appeals or federal crimes.
Clause 10: "To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;"
Ah, piracy. One of the only crimes that Congress is allowed to enact laws against. We have thousands upon thousands of federal criminal statutes, but the only ones that are technically legal are those concerning piracy, counterfeiting of US currency, and treason (note that treason is the only crime defined in the Constitution in Article III § 3). The "Law of Nations" is a vague term, most likely meaning something committed in international waters to US citizens.
Clause 11: "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"
Only Congress can officially declare war, but just try telling that to Lyndon Johnson, Richard Nixon, George H.W. Bush, Bill Clinton, and George W. Bush. Not to mention countless other presidents.
Clause 12: "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;"
The Founding Fathers did not want us to be a military state, and in that end they wrote that money to fund armies cannot be given to them for more than two years. Loophole? Renew the appropriation.
Clause 13: "To provide and maintain a Navy;"
Many states border water, including practically all of the original 13 states. Putting their resources together could get them a larger fleet that could react to problems anywhere on the coast.
Clause 14: "To make Rules for the Government and Regulation of the land and naval Forces;"
Congress is allowed to create laws regarding land and the navy.
Clause 15: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"
The Militia can mean many things depending on the context. In this case, we are talking about organized state militias that almost every man belonged to at the time. There is no modern equivalent.
Clause 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;"
This implies that Congress is allowed to regulate the militia while they are being used by the Federal government.
Clause 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;"
Clause 17 created allowed the creation and regulation by Congress of the federal district, now known as Washington, District of Columbia. DC, not being a state, does not have a representative in Congress, hence the "Taxation Without Representation" found on all DC license plates.
Clause 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."
Congress is allowed to make laws enforcing the previous 17 clauses. Note that the federal drug laws cannot be found in any of them, nor federal gun laws, anti-corruption laws (RICO), etc.
Article I, Section 8 of the US Constitution spells out all powers given to Congress. Congress chooses to do more than what it should these days, but technically that's not legal. You can read my previous post for the first 8 clauses, here are the rest of them:
Keep in mind that all of these clauses follow the statement: "Congress Shall have power to"
Clause 9: "To constitute Tribunals inferior to the supreme Court;"
Very simply, Congress can create any number of federal courts under the US Supreme Court, which it has done over the years. These courts generally hear moderate level appeals or federal crimes.
Clause 10: "To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;"
Ah, piracy. One of the only crimes that Congress is allowed to enact laws against. We have thousands upon thousands of federal criminal statutes, but the only ones that are technically legal are those concerning piracy, counterfeiting of US currency, and treason (note that treason is the only crime defined in the Constitution in Article III § 3). The "Law of Nations" is a vague term, most likely meaning something committed in international waters to US citizens.
Clause 11: "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"
Only Congress can officially declare war, but just try telling that to Lyndon Johnson, Richard Nixon, George H.W. Bush, Bill Clinton, and George W. Bush. Not to mention countless other presidents.
Clause 12: "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;"
The Founding Fathers did not want us to be a military state, and in that end they wrote that money to fund armies cannot be given to them for more than two years. Loophole? Renew the appropriation.
Clause 13: "To provide and maintain a Navy;"
Many states border water, including practically all of the original 13 states. Putting their resources together could get them a larger fleet that could react to problems anywhere on the coast.
Clause 14: "To make Rules for the Government and Regulation of the land and naval Forces;"
Congress is allowed to create laws regarding land and the navy.
Clause 15: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"
The Militia can mean many things depending on the context. In this case, we are talking about organized state militias that almost every man belonged to at the time. There is no modern equivalent.
Clause 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;"
This implies that Congress is allowed to regulate the militia while they are being used by the Federal government.
Clause 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;"
Clause 17 created allowed the creation and regulation by Congress of the federal district, now known as Washington, District of Columbia. DC, not being a state, does not have a representative in Congress, hence the "Taxation Without Representation" found on all DC license plates.
Clause 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."
Congress is allowed to make laws enforcing the previous 17 clauses. Note that the federal drug laws cannot be found in any of them, nor federal gun laws, anti-corruption laws (RICO), etc.
2005-10-27
US Constitution Article I § 8 Clauses 1-8
I am devoting two entries to Article I, Section 8 of the US Constitution. My reasoning is that this is a very important section that contains several important clauses that require a deeper analysis than other parts of the text.
"Clause 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;"
This does not explicitly create an income tax but does allow Congress to regulate such matters. The validity of the Federal Income Tax will be discussed when I write about the 16th Amendment.
"Clause 2: To borrow Money on the credit of the United States;"
Perhaps the most abused Clause in the entire Constitution, the Federal Government has borrowed over $8,000,000,000,000 (that's 8 trillion dollars) on the credit of the United States. Most of this has been through activities that implicitely violate the Constitution.
"Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"
This clause is also very loaded. It is known as the "Commerce Clause." It means that only the Federal Government may regulate interstate commerce. Interstate commerce has also been mis-directed lately. A majority of the Supreme Court ruled that marijuana that is grown, cultivated, given away, and used within the State of California is interstate commerce. Obviously they are legislating from the bench. A footnote, Clarence Thomas, often called the most conservative justice, dissented on this opinion, remarking that, "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers."
The six justices who constituted the majority obviously do not understate what "among the several States" means. This clause explicitly states that Congress cannot intervene in intrastate matters. Most of the justices who take this viewpoint are very liberal. What a quandary.
"Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"
This Clause makes perfect sense. Obviously it would not be appropriate for each state to determine who is and who is not a US Citizen. Federal bankruptcy laws are also important in that people or companies could take refuge in states with less strict laws merely for the purpose of obtaining an "easier" bankruptcy. Surprisingly, the States actually do have differing bankruptcy laws, but none have yet been challenge in court to my knowledge.
"Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;"
States used to be able to coin their own money, this can obviously be a problem for those who wish to travel around the country. As for the second part of this clause, did anyone know that the US is legally on SI, known as the Metric System?
"Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;"
The second criminal act that Congress can provide punishment for. The first was Treason, in Section 6. Currently, the Secret Service enforces counterfeiting laws.
"Clause 7: To establish Post Offices and post Roads;"
Seems basic, but does the Post Office need to operate as a government entity or merely be created by the government? This also does not give the Federal Government oversight over all (or many) roads, since only very basic roads are required for carrying mail...
"Clause 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;"
Congress often funds the arts and sciences via grants. This clause does not allow this action. It merely allows Congress to help the arts and sciences by providing and regulating copyrights and patents.
So far, we've covered many things Congress is allowed to do. I hope that you, my readers, can already see that Congress regulates things that are far beyond its scope. The rest of Section 8 will be in the next Constitution post.
"Clause 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;"
This does not explicitly create an income tax but does allow Congress to regulate such matters. The validity of the Federal Income Tax will be discussed when I write about the 16th Amendment.
"Clause 2: To borrow Money on the credit of the United States;"
Perhaps the most abused Clause in the entire Constitution, the Federal Government has borrowed over $8,000,000,000,000 (that's 8 trillion dollars) on the credit of the United States. Most of this has been through activities that implicitely violate the Constitution.
"Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"
This clause is also very loaded. It is known as the "Commerce Clause." It means that only the Federal Government may regulate interstate commerce. Interstate commerce has also been mis-directed lately. A majority of the Supreme Court ruled that marijuana that is grown, cultivated, given away, and used within the State of California is interstate commerce. Obviously they are legislating from the bench. A footnote, Clarence Thomas, often called the most conservative justice, dissented on this opinion, remarking that, "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers."
The six justices who constituted the majority obviously do not understate what "among the several States" means. This clause explicitly states that Congress cannot intervene in intrastate matters. Most of the justices who take this viewpoint are very liberal. What a quandary.
"Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"
This Clause makes perfect sense. Obviously it would not be appropriate for each state to determine who is and who is not a US Citizen. Federal bankruptcy laws are also important in that people or companies could take refuge in states with less strict laws merely for the purpose of obtaining an "easier" bankruptcy. Surprisingly, the States actually do have differing bankruptcy laws, but none have yet been challenge in court to my knowledge.
"Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;"
States used to be able to coin their own money, this can obviously be a problem for those who wish to travel around the country. As for the second part of this clause, did anyone know that the US is legally on SI, known as the Metric System?
"Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;"
The second criminal act that Congress can provide punishment for. The first was Treason, in Section 6. Currently, the Secret Service enforces counterfeiting laws.
"Clause 7: To establish Post Offices and post Roads;"
Seems basic, but does the Post Office need to operate as a government entity or merely be created by the government? This also does not give the Federal Government oversight over all (or many) roads, since only very basic roads are required for carrying mail...
"Clause 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;"
Congress often funds the arts and sciences via grants. This clause does not allow this action. It merely allows Congress to help the arts and sciences by providing and regulating copyrights and patents.
So far, we've covered many things Congress is allowed to do. I hope that you, my readers, can already see that Congress regulates things that are far beyond its scope. The rest of Section 8 will be in the next Constitution post.
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).
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.2005-10-14
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).
§ 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).
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