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Constitution, Bill of Rights, etc.

4K views 32 replies 4 participants last post by  4575wcf 
#1 ·
Hey All
I ordered a good poster copy of each these documents this morning. Time to get off by bottom, get my ducks in a row, and begin learning how to govern myself again. I got complacent, letting others do my governing for me--you can see how well that worked out.
 
#3 ·
Our ace in the hole is the US Constitution. That is the sole and only difference between a US Citizen and a British Subject. Unfortunately it is not being followed or interpreted as accurately as it could be these days by the powers that be.
 
#6 ·
Now that the old corrupt demented pedophile wields the pen in DC and has left wing communist running the show ; Just don't bank to heavily on the Bill of Rights or OUR Constitution !.

Meaning that pedophile puppet narrating hasn't a clue what he's saying or doing . Note NO questions are asked No people are around him ,he's reading off a teleprompter and not very well at that . It will become worse Much Worse as his dementia turns into Alzheimer's . When Not if # 2 steps in Shat's gonna hit the fan in this Country . All the National guard in the Country is NOT gonna help them one bit !. A vice President becoming President that didn't garner 1% of her own Party's vote ISN'T gonna set well !!!!!!!!!!!!!
 
#5 ·
I have only been out of country once in my life, and that was to New Zealand. Nice place, nice people as far as foreign countries go, but I could not get back to the US fast enough. As for me all eyes are on Texas and the current bill for peaceful succession. Now that sends a message to DC.
 
#7 · (Edited)
My copies arrived this evening. Two copies are great, the Declaration of Independence, and the Bill of Rights, the Constitution itself a bit too small. I will order a larger one later but for now this one will have to do. And so it begins. .

We the People of the United States of America, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.

Lofty Noble Words. .for a New Noble Nation. This is the preamble. In our times known as the mission statement. This truly unique group of elderly white statesmen were about to introduce a truly unique form of government and unleash it onto the world. Divinely inspired? Who knows. I have always felt so.
 
#8 · (Edited)
Article 1, Section 1

"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives"

The legislative branch of US Government is established, empowering the Senate, and the House of Representatives.

The drafting of the Constitution of the United States of America began at Philadelphia Pennsylvania on May 25, 1787 and ended on Sep 17, 1787. Nearly six years would pass before ratification by all states was accomplished.
 
#9 · (Edited)
Article 1, 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.]1 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."

The legislative role the House of Representatives is further defined, and criteria of the make up of the House is established. All states would eventually supply delegates to the Constitutional Convention, with the exception of Rhode Island, which would ratify in 1790, more or less under threat of trade embargo. Fifty Five delegates would attend, Thirty Nine of these delegates would sign.
 
#10 · (Edited)
Article 1, Section 3

Ihe Senate of the United States shall be composed of two Senators from each state, [chosen by the Legislature thereof,]2 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.]3

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 choose 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.

2Modified by Amendment XVII.
3Modified by Amendment XVII.

The Senate is established, and criteria established for membership. Apparently the need for slightly better judgement in the Senate than in the House was foreseen, as the qualifying age for service is raised to thirty years old. A thirty year old of 1790 was a far cry from a thirty year old of our times, concerning judgement, obviously.

The Seventeenth Constitutional Amendment, ratified May 12, 1913 during the term of president Woodrow Wilson, changed the selection of Senators to election by popular vote, from the previous selection by state legislature.
 
#11 · (Edited)
Article 1, 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 choosing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall [be on the first Monday in December,]4 unless they shall by Law appoint a different Day.

4 Changed by Amendment XX

Twentieth Amendment to the Constitution of the United States.
Adopted January 23, 1933, during the final months of the Presidential term of Herbert Hoover.

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice President-elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President-elect nor a Vice President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission

Meeting dates for Congress are established, then later altered under Amendment 20, and term dates for congress and presidential established. Presidential succession under special circumstances is better defined.
 
#12 ·
Article 1, 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 Behavior, 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.

The terms of attendance and behavior are laid out as they pertain to the House of Representatives, and the required documentation is put in place. New to me, is the clause to expell a member by a two thirds majority vote. A little research was in order, and yes this has happened. Three members were expelled in 1861 during tensions prior to the American Civil War, one in 1980 for bribery, and one in 2002 for racketeering, etc.
 
#13 · (Edited)
Holding Congress Accountable-They Work for Us

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.

Here is the exact wordage from the Constitution, Article 1, Section 3, as it applies to the second Impeachment of Mr. Trump. The way I interpret this is that the impeachment process serves only to remove a sitting president. Any laws that have been broken by said ex president become a matter of the courts to decide after the fact, executive immunity no longer applies. Once said president's term has ended, Congress's job is finished. Everyone is entitled to their own opinion in a free society, but here is the ruling in black and white. So far the two reps from my home state have stayed on course, but I am watching them. I do observe that neither of them bother to answer their mail, you get a polite email to the effect that you will be contacted by letter in a reasonable time, which so far does not happen. This behavior is not going to fly with me very long, I don't accept such irresponsibility from an employee.
 
#14 ·
Article 1, 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.

Constitutional Amendment XXVII

No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened.

Payment for service from the US Treasury is provided to members of congress, and they are provided immunity from criminal and civil lawsuits brought against them, for the work they do and the things they say as legislators, to prevent interruption in their duties by those who might file suit in order to do so. A member of congress is prohibited from holding any other post in the US government during their term.

The twenty seventh amendment was submitted to congress at the start of George Washington's first term September 1789, but not ratified until May 5th 1992, following a period of time when a nineteen year old college student, arguing a poor grade from a professor, launched a nationwide campaign to do so. Who says you cannot be involved? The amendment itself prevents members of congress from raising their own salaries until the next yearly meeting.
 
#15 · (Edited)
Article 1, 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 becomes 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

This is the self explanatory protocol for the passing of laws in the form of bills presented first to the House of Representatives, then on to the Senate for approval, then to be signed into law by the President. Executive orders bypass this process, which essentially means your President is assuming he/she/it circa 2021, knows better what the people want than the people themselves do, and is skipping due process.

Personally, I would like to see an amendment submitted to the effect that any and all raises in salary for Congress would be subject to a popular vote by the people, I know of no other employment where you can be richly rewarded for doing a lousy job. The House of Representatives and the Senate are hugely responsible positions, to be filled by persons patriotic enough to undertake them. The representation of the effected constituents has to be the primary concern, and the holder of these positions must first and foremost consider themselves to be a public servant. It is not a job for everyone, and that person needs to be a cut above the ordinary.
 
#16 ·
Article 1, Section 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;

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

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

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

To establish Post Offices and post Roads;

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;

To constitute Tribunals inferior to the supreme Court;

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

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

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

To provide and maintain a Navy;

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

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

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;

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

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.

Whew. Lots of information there, this is mostly a description of where Federal power ends and State power begins. I find most interesting the sixteenth paragraph pertaining to the raising, training, and equipping of a standing militia, and the fifteenth paragraph pertaining to calling forth said militia to execute the laws of the Union, suppress insurrections, and repel invasions. Now wouldn't that have been a handy thing to have around when the wholesale, illegal burning and looting was taking place this last summer?
 
#17 · (Edited)
Atrticle 1, Section 9

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.

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.

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

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.

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 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.

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.

5 Modified by Amendment XVI.

By the listed date of 1808 referred to here, we see the increasing national discomfort with the institution of slavery. Outright abolishment is still a ways off, but Congress has become willing to tax the importation of slaves. Also of interest to me is the second paragraph about the suspension of Habeas Corpus. President Abraham Lincoln has probably gotten more bad press for that decision than any other he made. We can see here that he was fully within the parameters of the Constitution when he made it. The predominantly slave state of Maryland was hard next door, and troop and supply movements were suffering accordingly. The suspension of Habeas Corpus, incidentally, means you can be detained indefinitely, whether you have done anything unlawful or not, so you can see the rub. Good Old Honest Abe takes a drubbing these days, along with many other traditional beliefs. I defy you to find a truer American who did more at greater personal sacrifice than that man did. He kept an open bible on his desk, he referred to it constantly, which fact is reflected in his writings. George Washington and Abraham Lincoln have gone down in history as truly great Americans, and no two individuals were ever more deserving. Most of their detractors would have to stand on their mother's shoulders to come up to their shirttails.

Amendment XVI
Ratified February 03, 1913 in during the final month of the term of William H. Taft, the sixteenth amendment clears the way for Federal taxation of the individual states.
 
#18 · (Edited)
The impeachment dog and pony show has ended. This is the first good news since Jan. 20. The following GOP senators voted for impeachment.

Richard Burr of North Carolina
Bill Cassidy of Louisiana
Susan Collins of Maine
Lisa Murkowski of Alaska
Mitt Romney of Utah
Ben Sasse of Nebraska
Pat Toomey of Pennsylvania

Only Burr and Toomey are planning not to run in 2022. Not one democrat crossed party lines and voted to not convict. Not one. Have these GOP folks not heard of divide and conquer? You may feel compelled to vote your heart, but you need to keep your head in the game. Too much is at stake, these folks got to go. If you live in an affected state, get the word out. Trump 2024--Nothing rolls like a head. I'll be reminding you periodically till 2022, just in case one of these congressmen/women does something redeeming.
 
#19 · (Edited)
Article 1, 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.

Curious wording here in the last paragraph. During the American Civil War, were the Southern states within their rights to engage in war when the Northern states invaded? I am sure the drafters of the Constitution were thinking of a foreign invasion, rather than a domestic one, but the South was certainly invaded. Of course they had also succeeded, so perhaps the Constitution no longer applied.
 
#20 · (Edited)
Article 2, Section 1

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

[The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.

The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.

In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.]6

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

[In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice-President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.]7

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

6 Modified by Amendment XII.

Ratified June 15, 1804 during the term of Thomas Jefferson. Electoral votes were modified to distinguish between President, and Vice President after the election of 1800 ended in a dead tie between Thomas Jefferson and Aaron Burr for President and Vice President. Alexander Hamilton influenced the deciding votes for Jefferson, and you all know how that political debate ended! If you don't look it up. It was the first time political power shifted from one party to another. American History at its most interesting.

7 Modified by Amendment XXV.

Ratified February 10, 1965, during the term of Lyndon B. Johnson. Following Johnson's ascension to the Presidency in November 1963 to 1965, during which time the office of Vice President was vacant. Provides for the Vice President to ascend directly to the office of President, and how the Vice President vacancy is to be otherwise filled. Partially initiated by the assassination of President Kennedy in November of 1963.

Pay close attention to the Presidential Oath in regards to the Constitution. The Constitution is the last word. Literally. Be very astute about who you allow to toy with it.
 
#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.
 
#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.
 
#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)
 
#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.
 
#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.
 
#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
 
#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.
 
#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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