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Discussion Starter #21 (Edited)
Article 2, 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 Offences 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 other- wise 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.

The role and duties of the President as Commander in Chief, Army, Navy, Air Force, Marines and State National Guard Units is described. He is given the power to pardon offenses against the United States, but he is not given the power to pardon in cases of impeachment. Reference to the "militia" here refers to our modern National Guard. The President has the power to command the Guard whenever they are included in a military operation along with the other service branches, but it is Congress's responsibility to deploy the Guard for the protection of citizens and to keep the peace per Article 1, Section 8.
 

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Discussion Starter #22
Article 2, Section 3

He [The President of the United States] 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 Adjournment, 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.

Prior to 1913 during the term of President Woodrow Wilson, the State of the Union was submitted to Congress in the form of a written statement. The exception was George Washington, who made a habit of directly addressing a joint meeting of Congress. The traditional State of the Union Speech started with Woodrow Wilson, and continues to this day. The President is given control over Congress to the extent that he can recommend review of measures that are important to him, and convene and dismiss them in the event of extraordinary circumstances.

Personally I believe open disrespect toward the President by members of Congress is completely out of order. To argue or forward a belief or an issue, that is Congress's job, but keep it polite, and keep it respectful. In other words, know their job description, and know their place.
 

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Discussion Starter #23
Article 2, 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.

These are the main impeachable offenses as the original drafters of the Constitution interpreted them. I doubt those gentlemen could even fathom how convoluted our society would eventually become in our times. You would think that outright lying while under oath would be an impeachable offense, if nothing else, but hey the guy played the Sax. I would still be in Federal prison if I had tried it. (lying under oath, not playing the Sax)
 

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Discussion Starter #24
Aticle 3, Section 1

The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

The Supreme Court of the United States of America is established. The Highest Court in the land, the members are appointed for life. Currently nine members are serving until such time as they no longer want the job, cannot perform the job, or have passed on. Congress is blocked from having any control over their compensation, in order that a member of Congress can in no way influence a member of the Supreme Court in this fashion.

You have to hand it to the Constitutional Committee. They hammered this document out and seemingly thought of most every eventuality. The members of the Committee were as human as the rest of us, individually they could be found fault with, no doubt. However, together they forged a document covering an idea for self government that was and is more incredibly forward thinking than any other of our time.
 

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Discussion Starter #25 (Edited)
Article 3, Section 2

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;- to all Cases affecting Ambassadors, other public Ministers and Consuls;- to all Cases of admiralty and maritime Jurisdiction;- to Controversies to which the United States shall be a Party;- to Controversies between two or more States;- [between a State and Citizens of another State;-]8 between citizens of different States;- between Citizens of the same State claiming Lands under Grants of different States [and between a State, or the Citizens thereof;- and foreign States, Citizens or Subjects.]9

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Empowers the Federal Courts to decide arguments about correct interpretation of the Constitution, and covers policy on how the Federal Courts operate in relative cases involving other countries, state to state, and state vs. federal. Most importantly, Federal Courts can act only on cases brought to them by affected persons, they cannot create cases on their own. Cases move up the chain of command, ending at the Supreme Court if lower courts refuse to rule on them, with some exceptions pertaining to ambassadors, public ministers and consuls, or where a state is a party. In such cases the Supreme Court will hear these cases first. Four of the nine Supreme Court members must be in favor of hearing a case.

8 Modified by Amendment XI.

9 Modified by Amendment XI.

Amendment XI. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Ratified during the term of George Washington Feb. 7 1795, the Eleventh Amendment states that U.S. courts cannot hear cases and make decisions against a state if the state is sued by a citizen who lives in another state or by a person who lives in another country.
 

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Discussion Starter #26 (Edited)
A Letter from My Representative

I received this letter via Email from the desk of US Representative Idaho Mike Simpson, district 2. I am honored and I am humbled because I believe this letter was composed from the heart by the man himself. I am in complete agreement with everything Mr. Simpson has to say, except I am skeptical about the reconciliation. I am not yet convinced that you can reconcile with a party that is unified in seeking power, in order to further an agenda that is unpopular with 40+ percent of the constituents. That, by the way, is NOT seeking unity. Just the same, all I have to say is Mike Simpson for Congress he has gained my support. Russ Fulcher, district 1, is my representative to vote for, and I have yet to hear back from his office.

February 19, 2021

Dear Mr. 4575wcf

Thank you for contacting me regarding former President Donald J. Trump. I appreciate hearing from you and having the opportunity to respond.

The events at the U.S. Capitol on January 6th represent a dark and tragic moment for our nation. Americans were left reeling, feeling hurt, angry, and craving justice. As you know, articles of impeachment were quickly introduced against then-President Trump for "high crimes and misdemeanors" pursuant to Article II, Section 4 of the Constitution. Specifically, the Article accused President Trump of engaging "in insurrection or rebellion against the United States" by "inciting violence against the Government" on January 6th, 2021. H. Res. 24 passed in the House of Representatives on January 13, 2021. On February 13, 2021, former President Trump was acquitted by the Senate by a vote of 57-43.

I voted against this Resolution in the House. Impeachment is one of the gravest acts that Congress can take, and no matter what the accusation is, our Constitution guarantees every American the right to due process. At a time when the very institutions of our democracy are under threat, it is more critical than ever to afford every person their full right to due process. To hold a vote just two days after articles of impeachment are introduced, with no hearings or process of any kind, is to disrespect and further endanger the very establishment we are trying to protect.

I know that in the face of such profoundly deep division, it is difficult to understand or empathize with people who hold starkly different views from our own. But we must. We must move forward with civility, respect, and tolerance as our guiding principles and seek common ground. Both sides must stop shouting into their respective echo chambers and at each other. We are Americans first, and it is time for us to do the difficult work of reconciliation. Our democracy depends on it.

Once again, thank you for taking the time to contact me about this issue. As your representative in Congress, it is important to me to know your thoughts and opinions about issues affecting our nation today. I also encourage you to visit my website, www.simpson.house.gov, to sign up for my e-newsletter and to read more about my views on a variety of issues.

Sincerely,

Mike Simpson
Member of Congress
 

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Discussion Starter #27
Article 3, Section 3

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Some curious wording here in the second paragraph, and not clear to me at all at first. The definition of Attainder is the forfeiture of land and civil rights suffered as a consequence of a sentence of death for treason or felony. The definition of Corruption of Blood is the effect of an attainder which bars a person from inheriting, retaining, or transmitting any estate, rank, or title.

So to reread the second paragraph and put the text into layman's language:

The Congress shall have power to declare the Punishment of Treason, but no forfeiture of land and civil rights suffered as a consequence of death for treason or felony shall cause the barring of a person from inheriting, retaining or transmitting any estate, rank, or title or forfeiture except during the lifetime of the person so sentenced.

The meaning is that conducting war against the United States, aiding those who would do so, abetting those who would do so by passing classified information to an enemy, are all acts of treason. Conviction requires two correlating witnesses of the act, or a confession. Punishment can be meted out only to the guilty individual, not his/her friends and family if they were not involved in the crime. His/her heirs may inherit his/her estate, rank or title after his/her imprisonment, and subsequent death, or execution.
 

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Discussion Starter #28
Article 4, Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Ensures that states respect and honor the state laws and court orders of other states, even when their own laws are different.

Also gives Congress the power to determine how states recognize records and laws from other states and how they enforce each others' court orders.
 

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Discussion Starter #29 (Edited)
Article 4, Section 2

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

[No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.]10

Paragraph 1 Introduces and defines the process of extradition between states for offenders seeking asylum by moving to another state.

Paragraph 2 Further defines the process in relation to a person escaping a position of servitude in a slave state, and seeking asylum in non/slave state. This gave slave holders pretty much complete rights to run down escapes slaves in any state where found, and was totally nullified by Amendment XIII.

10 Modified by Amendment XIII.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Introduced by President Abraham Lincoln and ratified January 31, 1865 approximately three and one half months prior to his assassination, April 15, 1865, less than a month prior to the official ending of the American Civil War, May 9, 1865. The story goes that Abraham Lincoln attended a slave sale in the south with a companion sometime prior to his presidency, and was heard to say "If ever I get the chance to take a swing at this thing, I will take a big one" He was a man of his word, finally ending in America an institution that went back to biblical times and before, and although it was imported to America from other parts of the world, it had no place here.
 

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Discussion Starter #30 (Edited)
Article 4, Section 3

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Interesting that we should arrive at this section just as the vote for "Greater Idaho" is coming up on the ballet in May. As some of you may know there are counties in Northern California, and most of rural Oregon that are seeking to come alongside Idaho. There are those proponents of this bill who believe the majority of constituents in these counties are ready to bale from the blue states, where they cannot outvote the metros, to come alongside the predominantly red state of Idaho and shift the states borders accordingly, without creating any new states. I think this is exiting news, but Congress will have the last word, so we will see how this goes. I think the ballot measure says a lot about rural Americans. You can take foul smelling legislation, put on Mayonnaise to cover the odor, turn the media loose to sell it to the people and encourage them to eat it without pulling any faces. In the end Americans don't respond to that treatment. I have never been more proud of rural Americans everywhere, keeping the passive aggressive resistance going.
 

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Discussion Starter #31 (Edited)
Article 4, Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature can-not be convened) against domestic Violence.

Meet Mr. James Madison who this text is attributed to. Written very much in his style. As we finish up these last few Articles of the Constitution, and move onto the Bill of Rights, we will be talking more about this gentleman. The United States government guarantees a democratic government to each state modeled after the Federal government, and guarantees each state protection from invasion and domestic violence, first by Congress, and then by the President if Congress cannot be convened. I wish James would be more clear and tell us what he really meant : ). And this got missed?
 

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Discussion Starter #32
Article 5

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Here we arrive at the process to make any changes, positive or negative, to the Constitution as it now stands. Read this section very carefully, the Constitutional Convention Committee intentionally made this a rather difficult, majority driven process. The protection of the multi party system is built in, in the interest that all Americans are represented, not just the few. Those Committee Members, who it is my goal and intention to learn more about, each and every one of them, shared a nearly diabolical understanding of human nature. It is unlikely that a single party could arrive at the two thirds majority required in both House and Senate, or the three fourths majority in all states, to change the original Constitution drastically. They knew that, but those same drafters were also well aware that attempts could be made. To quote Winston Churchill very loosely--Democracy seems not the greatest form of government-until you begin to look closely at the rest of them. We need to hold tight to what we have.
 

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Discussion Starter #33
Article 6

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

All valid national debts accrued before the adoption of the Constitution are carried through, the Constitution is defined as "The Law of the Land"--nothing less. The separation of Church and State is clearly defined. In my opinion the Constitutional Committee was not of the opinion that this meant an entire abandonment of God in government, although it can be interpreted that way. Instead, I think they saw the danger of certain religious sects becoming too controlling. Lets just be honest here, and state that some religious ways of thinking can get pretty far out there and are by no means right for everybody. At the same time, l will state that America was founded largely by men who were as imperfect as the rest of us, believed in God, and were of a Christian consensus. IMO leaving that Christian consensus behind in a large way has caused no end of trouble for the country, but that should not really surprise anyone who has experimented with living with a God in their life, versus living without one. I speak from experience here; my blessings are off the charts.
 
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