tag:blogger.com,1999:blog-41623625816794392352024-03-05T21:32:44.691-08:00Da BlogThe ONLY blog written by Morgan Wick.Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.comBlogger784125tag:blogger.com,1999:blog-4162362581679439235.post-81086639291818170592011-05-25T06:00:00.000-07:002011-05-25T06:00:13.700-07:00The Real Constitution: Preamble<blockquote><em>We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, 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.</em></blockquote>On this day 223 years ago, the Constitutional Convention was called to order.<br /><br />Few documents in American history provoke as many debates as our Constitution. (With all due respect to any non-American readers I may have.) As much as some freaks may wish otherwise, not even the Bible is as central to our political discourse as the Constitution. Virtually every single debate we have, from how we should use our military, to how we should take care of the economy, to whether gays should marry, and everything in between - it all comes back to the Constitution in some way. Democrats think it allows a variety of social programs and doesn't allow the Bush administration's interrogation techniques. Republicans think it allows broad latitude in defending our homeland and doesn't protect a woman's right to an abortion. Libertarians think it restricts just about everything; too many politicians think it should allow just about everything.<br /><br />How are we to interpret this document? Is it a sacrosanct document that should be adhered to in every inch of the Founders' intentions, because if circumstances change they'd want us to pass an amendment? Is it a living document whose interpretation should be allowed to shift to match the present circumstances? Are we betraying the Founders by taking this action or that action, or should we even worry about what the Founders would say, because they intended for us to interpret every line of the Constitution as we see fit? And what the hell did the Founders intend, anyway? Are the Constitution's safeguards working or are our politicians exploiting fatal flaws in it, or do we just need to excersize those safeguards more? Or was the Constitution itself a perversion of the Revolution towards the goals of the elite? All these are questions that have vexed our society since before the ink was dry on the parchment.<br /><br />In this series, I'll take a look at the real Constitution, trying to uncover just what the Founders really did intend, and how relevant those intentions are to modern society. I will be relying primarily on two sources, so I'll be eliding a big chunk of the scholarship on the matter, and you will likely complain to me and bring a host of other sources to my attention, no matter what side of the political divide you stand on. The first source will be James Madison's <a href="http://founders-blog.blogspot.com/search/label/Debates%20in%20the%20Federal%20Convention">original notes on the convention</a>, which open the door on the behind-the-scenes backroom dealing under which the Constitution took shape, and unveil why this or that clause was included in the way that it was. The second source will be "The Federalist Papers", written by Madison, Alexander Hamilton, and John Jay. Though "The Federalist" was written as pro-Constitution propaganda, and so is more intended as a reassurance that the new government wouldn't become the same as the king people just overthrew than an actual expose of the Founders' intentions, it's still worth finding out exactly what people were led to expect from the Constitution, and the theory on which the new government was to operate as far as the people were concerned.<br /><br />I will move through the Constitution a section at a time. Each post will open with the text of the section in question. That will be followed by my presentation of relevant discussion from Madison's notes or "The Federalist", accompanied by my analysis for what that means for our society. By the end, I hope all sides of the political debate have undergone some sobering realizations. Let's determine what this all-important document really is, once and for all.<br /><hr />The Convention was originally called merely to reform the Articles of Confederation. After some procedural matters, on May 29 Edmund Randolph of Virginia moved that "the Articles of Confederation ought to be so corrected & enlarged as to accomplish the objects proposed by their institution", which were to advance the states' "common defense, the security of their liberties, and their mutual and general welfare". Randolph's plan was a rather radical restructuring of the government, but regardless, the following day, Governeur Morris of Pennsylvania went further by raising three counter-motions, two of which were "that a Union of the States merely federal will not accomplish the objects proposed by the articles of Confederation, namely common defence, security of liberty, & genl. welfare" and "that no treaty or treaties among the whole or part of the States, as individual Sovereignties, would be sufficient." He defended the plan on the grounds that "in all Communities there must be one supreme power, and one only" (Madison's words).Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-58060701988195755162010-07-31T06:00:00.000-07:002010-07-31T06:00:01.068-07:00The Real Constitution: Fifth Amendment (Right to a Jury Trial, from Double Jeopardy, from Self-Incrimination, and from Unjust Deprivation)<blockquote><em>No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-74142065076021236142010-07-29T06:00:00.000-07:002010-07-29T06:00:09.671-07:00The Real Constitution: Fourth Amendment (Freedom from Unreasonable Searches and Seizures)<blockquote><em>The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-33033414427763920852010-07-27T06:00:00.000-07:002010-07-27T06:00:06.971-07:00The Real Constitution: Third Amendment (Freedom from Quartering Soldiers)<blockquote><em>No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-25470177600519987672010-07-24T06:00:00.000-07:002010-07-24T06:00:07.410-07:00The Real Constitution: Second Amendment (Right to Keep and Bear Arms)<blockquote><em>A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.</em></blockquote>Does the Second Amendment protect private gun ownership by just about anyone, or does it only protect the existence of "a well regulated Militia"?Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-39828564714481891182010-07-22T06:00:00.000-07:002010-07-22T06:00:03.168-07:00The Real Constitution: First Amendment (Freedom of Religion, Speech, the Press, Assembly, and Petition)<blockquote><em>Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-50534611520096906382010-07-21T06:00:00.000-07:002010-07-21T06:00:12.144-07:00The Real Constitution: Bill of Rights: Prelude<blockquote><em>Congress of the United States</em><br />
<em>begun and held at the City of New-York, on</em><br />
<em>Wednesday the fourth of March, one thousand seven hundred and eighty nine.</em><br />
<em><br />
</em><br />
<em>THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.</em><br />
<em><br />
</em><br />
<em>RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.</em><br />
<em><br />
</em><br />
<em>ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.</em></blockquote>Yes, the Bill of Rights has its own preamble.Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-22062582716012944952010-07-20T06:00:00.000-07:002010-07-20T06:00:07.831-07:00The Real Constitution: Article VII (Ratification)<blockquote><em>The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.</em></blockquote>The Articles of Confederation had required unanimous consent between all the states for any amendment to be passed. The Constitution attempted to get around that, near as I could tell before checking my sources, by essentially saying "Well, if you don't want to party with us, we'll get started without you!"<br />
<br />
Edmund Randolph's Virginia Plan, which still saw itself as mere "amendments" to the Articles of Confederation, would, after being approved by the Congress of the Confederation, be submitted to "an assembly or assemblies of Representatives, recommended by the several Legislatures to be expressly chosen by the people, to consider & decide thereon."Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-67157320841438285252010-07-17T06:00:00.000-07:002010-07-17T06:00:01.303-07:00The Real Constitution: Article VI (Supremacy and Authority of the Constitution)<blockquote><em>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.</em><br />
<em><br />
</em><br />
<em>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.</em><br />
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</em><br />
<em>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.</em></blockquote>As obvious as it may seem to make the United States Constitution supreme to the state constitutions, Edmund Randolph didn't think the Articles of Confederation were, "ratified, as it was in many of the states."<br />
<br />
Randolph also proposed that all three branches of government be asked to take an oath to support the Constitution as part of the Virginia Plan.Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-52984086249265838972010-07-15T06:00:00.000-07:002010-07-15T06:00:08.694-07:00The Real Constitution: Article V (Amendment Process)<blockquote><em>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.</em></blockquote>The Articles of Confederation required any "alteration" to be agreed to by Congress and every single state Legislature. Edmund Randolph proposed as part of the Virginia Plan "that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto."Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-34828704186980871572010-07-13T06:00:00.000-07:002010-07-13T06:00:06.858-07:00The Real Constitution: Article IV, Section IV (Pledge of the United States to the Individual States)<blockquote><em>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 cannot be convened), against domestic Violence.</em></blockquote>A lot of this section has its roots in Edmund Randolph's Virginia Plan; the Articles of Confederation did not explicitly guarantee "a Republican Form of Government" to the states, perhaps because it was really subordinate to the states and not the other way around. Randolph also worried that the confederation "produced no security against foreign invasion" and "could not check... a rebellion in any [state]".Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-44796579349951197822010-07-10T06:00:00.000-07:002010-07-10T06:00:00.746-07:00The Real Constitution: Article IV, Section III (Addition of New States; Governance of US Territories)<blockquote><em>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.</em><br />
<em><br />
</em><br />
<em>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.</em></blockquote>The Articles of Confederation allowed Canada to join the Union just by asking and allowed any other state to join with the consent of nine states. Edmund Randolph's Virginia Plan allowed for "admission of States lawfully arising within the limits of the United States...with the consent of a number of voices in the National legislature less than the whole."Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-88671604549923839992010-07-08T06:00:00.000-07:002010-07-08T06:00:03.345-07:00The Real Constitution: Article IV, Section II (Implications of Full Faith and Credit)<blockquote><em>The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.</em><br />
<em><br />
</em><br />
<em>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.</em><br />
<em><br />
</em><br />
<em>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.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-38362284186174500862010-07-06T06:00:00.000-07:002010-07-06T06:00:08.691-07:00The Real Constitution: Article IV, Section I (Full Faith and Credit)<blockquote><em>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.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-38998269746309480142010-07-03T06:00:00.000-07:002010-07-03T06:00:04.510-07:00The Real Constitution: Article III, Section III (Definition and Penalty of Treason)<blockquote><em>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.</em><br />
<em><br />
</em><br />
<em>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.</em></blockquote>It seems odd for the Constitution to cross over into lawmaking like this.Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-44098346319889808342010-07-01T06:00:00.000-07:002010-07-01T06:00:03.618-07:00The Real Constitution: Article III, Section II (Jurisdiction of the Federal Courts)<blockquote><em>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,--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.</em><br />
<em><br />
</em><br />
<em>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 the 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.</em><br />
<em><br />
</em><br />
<em>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.</em></blockquote>This also answers one of Edmund Randolph's problems with the Articles of Confederation, "that the foederal government could not check the quarrels between states".<br />
<br />
The flip side to the Supreme Court being the bastard stepchild of the three branches of government was the seeming inability for the Constitution to be enforced if the Congress and President happened to pass something that violated it. Edmund Randolph's Virginia Plan would have called for the Congress to veto any state laws that violated the Constitution, and coming on the heels of Madison's speech calling for national unity (link: AISX), originally passed without a hitch. (Benjamin Franklin added a proviso also allowing Congress to veto any state laws contradicting treaties the US had signed.) But what about the national Congress?Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-53117911412266909952010-06-29T06:00:00.000-07:002010-06-29T06:00:06.571-07:00The Real Constitution: Article III, Section I (Basic Structure of the Federal Courts)<blockquote><em>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.</em></blockquote>It's Judicial Week in the Real Constitution series as we take a look at the bastard stepchild of the checks and balances system.<br />
<br />
In the Virginia Plan, the Judiciary would have worked like this:<br />
<blockquote>Resd. that a National Judiciary be established to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature, to hold their offices during good behaviour; and to receive punctually at stated times fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office at the time of such increase or diminution. that the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all piracies & felonies on the high seas, captures from an enemy; cases in which foreigners or citizens of other States applying to such jurisdictions may be interested, or which respect the collection of the National revenue; impeachments of any National officers, and questions which may involve the national peace and harmony.</blockquote>"A convenient number" of the Judiciary would also meet with the Executive to form a committee to review the decisions of the Legislature.Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-47416308383622538932010-06-26T06:00:00.000-07:002010-06-26T06:00:01.167-07:00The Real Constitution: Article II, Section IV (Penalty of Impeachment)<blockquote><em>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.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-68364638216226352072010-06-24T06:00:00.000-07:002010-06-24T06:00:03.866-07:00The Real Constitution: Article II, Section III (Other Powers of the President)<blockquote><em>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.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-90933558027928840722010-06-22T06:00:00.000-07:002010-06-22T06:00:01.297-07:00The Real Constitution: Article II, Section II (Powers of the President)<blockquote><em>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.</em><br />
<em><br />
</em><br />
<em>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.</em><br />
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</em><br />
<em>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.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-13825842068305843262010-06-19T06:00:00.000-07:002010-06-19T06:00:04.416-07:00The Real Constitution: Article II, Section I (The President)<blockquote><em>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:</em><br />
<em><br />
</em><br />
<em>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.</em><br />
<em><br />
</em><br />
<em>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.</em><br />
<em><br />
</em><br />
<em>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.</em><br />
<em><br />
</em><br />
<em>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.</em><br />
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</em><br />
<em>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.</em><br />
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</em><br />
<em>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.</em><br />
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</em><br />
<em>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."</em></blockquote>That this section is so long (covering most of Article II), and covers so many different topics (I could easily break this up into a minimum of three, and a maximum of six, different sections by the standards of Article I), should tell you a lot. Indeed, the opening sentence is of weighty importance: according to Garrett Epps, <a href="http://www.theatlantic.com/doc/200901/founders-mistake">writing</a> for the <em>Atlantic</em> last year, the fact that it does not appear to expressly limit the President's power to that enumerated in the Constitution in the same way as Article I's "all legislative Powers herein granted" has arguably opened the door for the executive to reach out and claim kingly power time and time again throughout American history, from Washington to Lincoln to Wilson to Roosevelt to Nixon to Bush.<br />
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But perhaps we should blame the excesses of George W. Bush on George Washington.<br />
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First things first. Under the Virginia Plan, the Executive would have been chosen by the National Legislature:<br />
<blockquote>Resd. that a National Executive be instituted; to be chosen by the National Legislature for the term of ----- years, to receive punctually at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the Magistracy, existing at the time of increase or diminution, and to be ineligible a second time; and that besides a general authority to execute the National laws, it ought to enjoy the Executive rights vested in Congress by the Confederation.</blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-61171999308863201772010-06-17T06:00:00.000-07:002010-06-17T06:00:03.372-07:00The Real Constitution: Article I, Section X (Prohibitions on the States)<blockquote><em>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.</em><br />
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<em>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.</em><br />
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<em>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.</em></blockquote>Partly continued from the discussion on Section VIII:<br />
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The first debate that broke out in terms of how much <em>power</em> to give Congress was a proposal in Edmund Randolph's original resolutions to give power to the Congress "in all cases to which the State Legislatures were individually incompetent". Some people felt that this phrasing was too vague, and could be used to take away just about any power from the States. Randolph again denied that was his intention. Madison for his part, remarked that<br />
<blockquote>he had brought with him into the Convention a strong bias in favor of an enumeration and definition of the powers necessary to be exercised by the national Legislature; but had also brought doubts concerning its practicability....But he should shrink from nothing which should be found essential to such a form of Govt. as would provide for the safety, liberty and happiness of the community. This being the end of all our deliberations, all the necessary means for attaining it must, however reluctantly, be submitted to.</blockquote>This was sufficient to convince the room; only Connecticut had any meaningful doubt over the provision. Meanwhile, although the original Virginia Plan contained a provision allowing the use of force against a "delinquent State", Madison, a key shaper of the plan, expressed his own doubts over the proviso and "hoped that such a system would be framed as might render this recourse unnecessary, and moved that the clause be postponed," which it was.Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-19304210368365914942010-06-15T06:00:00.000-07:002010-06-15T06:00:00.570-07:00The Real Constitution: Article I, Section IX (Prohibitions on the Congress)<blockquote><em>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.</em><br />
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<em>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.</em><br />
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<em>No Bill of Attainder or ex post facto Law shall be passed.</em><br />
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<em>No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.</em><br />
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<em>No Tax or Duty shall be laid on Articles exported from any State.</em><br />
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<em>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.</em><br />
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<em>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.</em><br />
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<em>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.</em></blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-80209290490786319282010-06-12T06:00:00.000-07:002010-06-12T06:00:03.819-07:00The Real Constitution: Article I, Section VIII (Powers of the Congress)<blockquote><em>The Congress shall have Power: To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;</em><br />
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<em>To borrow Money on the credit of the United States;</em><br />
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<em>To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;</em><br />
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<em>To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;</em><br />
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<em>To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;</em><br />
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<em>To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;</em><br />
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<em>To establish Post Offices and post Roads;</em><br />
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<em>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;</em><br />
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<em>To constitute Tribunals inferior to the supreme Court;</em><br />
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<em>To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;</em><br />
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<em>To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;</em><br />
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<em>To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;</em><br />
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<em>To provide and maintain a Navy;</em><br />
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<em>To make Rules for the Government and Regulation of the land and naval Forces;</em><br />
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<em>To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;</em><br />
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<em>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;</em><br />
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<em>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</em><br />
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<em>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.</em></blockquote>This section is at the heart of any debate over just how much the Federal Government really can do.<br />
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The first defect Edmund Randolph observed in the Articles of Confederation, as James Madison recounted them, was that<br />
<blockquote>the confederation produced no security against foreign invasion; congress not being permitted to prevent a war nor to support it by their own authority-Of this he cited many examples; most of which tended to shew, that they could not cause infractions of treaties or of the law of nations, to be punished: that particular states might by their conduct provoke war without controul; and that neither militia nor draughts being fit for defence on such occasions, inlistments only could be successful, and these could not be executed without money.</blockquote>Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0tag:blogger.com,1999:blog-4162362581679439235.post-40454478173031407032010-06-10T06:00:00.000-07:002010-06-10T06:00:01.121-07:00The Real Constitution: Article I, Section VII (Passage of a Bill to a Law)<blockquote><em>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.</em><br />
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<em>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.</em><br />
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<em>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.</em></blockquote>Baby boomers will recognize most of this from the <em>Schoolhouse Rock</em> "Bill" segment. (For being only 21, I'm sure dating myself, aren't I?)Morgan Wickhttp://www.blogger.com/profile/09816659818434590943noreply@blogger.com0