Archive for the ‘The United States Constitution’ Category

Law of the Land U.S. Constitution Article 2 Section 4 and Article 3

Wednesday, September 23rd, 2009

U.S. Constitution – 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.

This section is pretty simple to understand….My one question is do we need to look at the bribery clause because of the huge amount of donations each politicians get from special groups?

Article 3 – The Judicial Branch Section 1 – Judicial Powers
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 Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Since both of these sections are pretty straight forward I combined them to save from having to post twice…

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Law of the Land U.S. Constitution Article 2 – The Executive Branch Section 3

Monday, September 21st, 2009

Article 2 – The Executive Branch Section 3 – State of the Union, Convening Congress

He 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.

One of my problems with the President’s of late is that they have failed to enforce the laws, example illegal immigration, while President Bush did pay lip service to enforcing this, President Obama has just ignored it. His own Aunt is here illegally, so what does that tell you? Now with the lack of enforcement of our immigration laws notice the s after law, since we have enough laws on the books, that if enforced would reduce the problem we have here in the States with illegal immigration. From enforcing the hiring practices of company’s to enforcing the deportation laws. Granted I have not looked up all the laws that are on the books for immigration I do know there are a lot. Most of them are not enforced or if they are, its not done on a scale that would help reduce the number of illegal immigrants here in the States.

That’s just one law that our Presidents have ignored in recent history.

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Law of the Land U.S. Constitution Article 2 – The Executive Branch Section 2

Friday, September 18th, 2009

This is one of the Sections that has been abused of late by Presidents, as it stands now President Obama has appointed what the Media and Congress think are the most “Czars” a President has appointed, however I think he is right close to President George W.Bush’s number.
Regardless of who has had the most, the problem with these positions is they are not confirmed by the Senate as outlined in Section 2 of Article 2 of the US. Constitution.

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 Offenses 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 otherwise 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.

What this does, is allow for a sitting President to appoint both a Cabinet member who must be confirmed by the Senate as well as a Czar who is not Confirmed by the Senate.
Giving the President the ability to give tasks to the so called “Czars” that he does not or may not want Congress to know about. Since the Czars can claim Executive Privilege while a Cabinet Member can not. This is why some people have started calling this, “The Shadow Government”. Since it bypasses the Checks and Balances that our Founding Fathers wrote into the Constitution.

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The Law of the Land The United States Constitution

Sunday, September 13th, 2009


Article 2 – The Executive Branch Section 1 – The President

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 lie 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.) (This clause in parentheses was superseded by the 12th Amendment.)

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.) (This clause in parentheses has been modified by the 20th and 25th Amendments.)

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.”

Here’s the kicker about Article 2 Section 1, it clearly states that the President must swear or affirm that he/she will preserve,protect and defend the Constitution of the United States. It does not say he will defend the United States. This is a given.
What’s stated here, in no uncertain terms, that as the President of the United States, his/her primary job is to protect the Constitution of the United States…. Notice this was not an after thought by our Founding Fathers. This is at the very First Section of the powers of the Executive Branch! …. Makes you wonder what our founding Fathers knew that we did not.

It does not say, I will defend the parts I like and ignore the rest or pay lip service to it……

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The Law of the Land, The United States Constitution part 6

Friday, September 11th, 2009


Article 1 – The Legislative Branch Section 10 – Powers Prohibited of States

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.

Very simple and straight forward. Not much to screw up here…..

Will start Section 2 on the 12th.

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The Law of the Land, The United States Constitution part 5

Thursday, September 10th, 2009


Article 1 – The Legislative Branch -Section 9 – Limits on Congress

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.) (Section in parentheses clarified by the 16th Amendment.) 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.

This is one of the easier Articles, since there is very little room in it, to over think.

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The Law of the Land the United States Constitution Part 4

Thursday, September 10th, 2009


Article 1 – The Legislative Branch Section 8 – Powers of Congress

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 Offenses 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.

Now that’s a lot to think about. These are very important Powers that are delegated to Congress. Remember Congress has no power that we did not give them. We the People have allowed them to do a lot in our name. Some things I am proud of, others not so much.

To borrow money on the credit of the United States. This is simple, someone has to pay for wars, aid and any new things We the People want or need. However I don’t think the founding fathers thought we would ever borrow over 10 Trillion Dollars

The regulation of Commerce with foreign nations, make perfect sense to me, there is strength and safety in numbers. Now where We the People have screwed up was the first time we allowed Congress to get away with the second part among the states..When I say get away with, I mean the lame explanations of what they describe as their excuse to justify passing a new law and calling it legal because it pertains to commerce. How many laws can you think of that the Federal Government has passed using this excuse?

Very important to have a uniform law on both Naturalization as well as Bankruptcies, since we all are Citizens of our home State as well as a Citizen of the United States….. The bankruptcies laws are important because with out that being Federal, you would have to declare in whatever states that you owed money to. Which if your having to declare bankruptcies you really don’t have the money to declare in one state let alone all 50….

To coin money and regulate value is a good thing as well as fixing the Standard of weight and measures. Can you imagine one State using MPH and the next State you drive through using KPH? Would drive a sane person nuts. Granted the newer cars have a button you can switch from one to the other, but not all cars do….

We have to have a law against counterfeiting our money, since if we did not it would be worthless. Those who do it, screw up not only our economy but that of the world now a days.



Setting up lower Courts just makes common sense, since the Supreme Court would never get any work done if they had to hear each case…..

Here is one I really like which is to punish Pirates and anyone else committing a felony on the high seas, people though pirates where a thing of the past, however are founding fathers knew better.

Now here is one that has been stepped on, skirted around, and blatantly ignored by a few of our Presidents. Congress and only Congress has the power to declare war. One thing about this power that congress should think about doing is issuing a Letter of Marque and Reprisal, this would allow some of the PMC’s to go after the pirates we have coming out of Somalia.

Raise and Support Armies is a given or should be, not having a standing Army in this day and age would be scary. However back then since we where separated from most of the world by oceans, it made perfect sense. Since we did not want to have a military coup.

Being a former British Colony I can’t imagine our Founding Fathers not putting a Federal Navy in our Constitution. The English for most of the 17th and 18th centuries had the best Navy in the world. It was only natural for us to follow suite. With having a large Navy they would need rules, which is why its spelled out in the Constitution.

I just can’t see a law here that is not straight forward in its meaning, and yet people still allow Congress and our Presidents to ignore it.

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The Law of the Land The United States Constitution part 3

Wednesday, September 9th, 2009


Article 1 – The Legislative Branch Section 5 – Membership, Rules, Journals, Adjournment

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.

Like with any Organization you have to have rules. In this case our Founding Fathers spelled out a few, this Section is pretty simple…..

article 1 – The Legislative Branch Section 6 – Compensation

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 increased 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.

The above before amended had this in front of it

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.

The 27th Amendment changed that part to

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

I guess the new career Politicians did not want anyone messing around with their pay, without there say so. :( Must be nice…..

Even so, at this point the Constitution is still pretty straight forward… There are no hidden meanings in it, As much as people wish to believe that there are.

Article 1 – The Legislative Branch Section 7 – Revenue Bills, Legislative Process, Presidential Veto

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 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.

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 reposed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Now here is where we have strayed, it clearly says that ALL Bills For Raising Revenue will come from the House of Representatives with the Senate being allowed to add amendments (some times called riders or pork)or they can just agree with it, as is, (Something I have not seen in my lifetime) and send it on to the President. What happens in most cases is, the bill goes back to a House and Senate Committee to iron out the differences.
Which in all honesty I can say I don’t read it that way. Seems pretty simple to me, House writes and votes on a bill, if it passes it goes to the Senate, they may add amendments to it, or leave it alone, if it passes it should be sent to the President at that point. The way it works now, is the Committee” is really finishing the bill. Clearly not intended to be that way.

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The Law of the Land The United States Constitution part 1

Monday, September 7th, 2009

The Preamble

We the People of the United States, 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.

Lets start with the word Tranquility, by definition it means; quality or state of being tranquil; calmness; peacefulness; quiet; serenity. Sounds like a good idea, now look at the domestic part of it domestic means; of or pertaining to the home, the household, household affairs, or the family: domestic pleasures.

Now taken into the account that the Federal Government at the time, was not allowed to settle disputes between the States. So having this in the Preamble of Constitution was important.If you think of the States as siblings, and the Federal Government being like a Parent when it comes to this. In fact you can use the Parent Sibling relationship throughout the Constitution, Keep in mind these are grown children, and Since we would not want one Governor of a State to order the invasion of another State its a good thing that its there. A lot of people read the first part and only see We the People. The entire text of the Preamble is very important if you want to understand the Constitution.

General Welfare is meant in the same content, meaning that the Federal Government would look out of the States General Welfare, not each individual. Keep in mind this also means that every person is looked out for, not just the rich or the poor. Or to put it really plain any person can grow up to be whatever they want. (provided they have the natural ability)

When they said secure the Blessing of Liberty to ourselves and our Posterity, is pretty simple, since posterity was used to mean future generations. Which is another sign from them that the Constitution was to be the law of the land for the United States forever……….

When they used Ordained they meant it in the sense of what the word means; To order by or as if by decree

When they sat down to write the Constitution they did not do so lightly nor did it only take them one night. Every word was well thought out. Lots of words where scratched.

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