Over the years, I have written an article on the Declaration of Independence every July 4. Today I’m going to break with that tradition. The basis of our system of government is our Constitution. It is under threat like never before since the Civil War, not from without but from within. The threat comes from people who carry little paper Constitutions and display they claiming to defend it, while their policies demonstrate beyond doubt that, if they have the slightest idea what it says, they have chosen to ignore it.
Starting today, we are going to go over the Constitution and its Amendments line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. The text comes from The US Constitution. It will be displayed in black, while mi comments will be indented in blue.
Preamble – Article I, Section 5
(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 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.
Note that when Republicans say that the such programs as health care reform exceed the government’s authority, that promoting for the general (not for the rich only) welfare is right on top.
Article I
Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
The Constitution did not give Bush the legislative powers to rewrite laws as he did in his infamous signing statements.
Section 2
1: 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.
2: 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.
3: 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. 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.
Note that a black slave, referred to as “other persons” counted as only 3/5 of a person. When a winger parrots that the Constitution must be interpreted according to the founders’ original intent, ask them if an African American is still 3/5 of a person.
4: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Articles of impeachment must begin in the House, a responsibility they overlooked for eight years. The House has impeached only two Presidents: Andrew Johnson and Bill Clinton. Richard Nixon resigned before the House voted.
Section 3
1: The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Some elements of the far right want to return to having state legislatures, not voters, elect Senators.
2: 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.
4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
5: The Senate shall chuse 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.
6: 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.
Achieving a two-thirds majority is most difficult. The Senate has never removed a President, finding both Johnson and Clinton not guilty.
7: 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.
Section 4
1: 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 chusing Senators.
Congress did set the date as the Tuesday after the first Monday in November.
2: The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
They changed the date to January 3, but change it from year to year.
Section 5
1: 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.
2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Note that the filibuster is not the right Republicans claim it is. It is a Senate rule and is subject to change according to the rules of the senate.
3: 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.
4: 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.
I shall try to put up a new article in this series almost every day. It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.
24 Responses to “Independence Day: A Break from Tradition”
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TC
Perhaps you know this, why is it not simple majority in the Senate instead of that stupid 61….I know the Republicans wanted that but there’s no steadfast rule that I know of, that it’s the way it has to be…
Your thoughts……..
PS Thanks for doing this..
Tim, the filibuster rule is part of the rules of the Senate and it requires 61 votes to invoke cloture (end the debate to bring a matter to an normal vote). The rule has been changed several times in the past, and can be change again in any one of three ways:
1. A vote to change the Senate rules in the middle of a term requires 67 votes to pass.
2. On the first day of a new term (usually 1/3), Senate rules may be changed with 51 votes (50 + VP).
3. There is a complex parliamentary procedure called the nuclear option, in which Senate rules may be changed in mid term with 51 votes, but it has never been used.
Tom I’m not a Constitutional expert by any means but it is scary at the ignorance that is quickly and regularly displayed by those who say they are only protecting that document. I don;t know if its a failure of the educational system or just willful ignorance but either way its scary.
Beach, I agree that the level of ignorance, authentic or feigned, is scary. I don’t claim to be a Constitutional scholar either, but unlike most GOP exrtemists, I have actually read it. It is written in terms people can understand. Complex legalese serves onlt to distort it.
I think Beach Bum is onto something. It is both failure of education and willful ignorance. The Reich Wing war on public education is paying off through both planned and willful ignorance. The Reich Wingers will deny to their last breath that “promote the general Welfare” means anything other than harsh law enforcement and militarized empire. In fact, when pressed, they have come out and admitted they dislike democracy itself and deny any such element is in our Constitution; as if voting and elections were not democratic institutions.
They are fascists. They belive in their golden rule, those with the gold make the rules.
Dave the GOP has to keep people ignorant enough to believe their lies to establish the Fifth Reich. The fourth lasted only eight years.
…they have come out and admitted they dislike democracy…
Dave are you speaking of the time drug addicted Rush Limbaugh admitted he would like to see a “conservative dictatorship”? Believe it or not I heard of this on a wacko Libertarian website called Lew Rockwell.com.
So Rush admitted it too, eh? I don’t carelessly accuse them of being fascist. I cornered a couple into admitting so much as opposing democracy in some lengthy exchanges. It is their nature, and once in a while they slip and speak honestly. The twenty-odd percent of a population that are authoritarian personalities is a problem for all cultures.
They force the struggle for freedom into being a full time endeavor.
The twenty-odd percent of a population that are authoritarian personalities is a problem for all cultures.
Bingo!
You’re making us read the Constitution? Blech. Actually, this is very interesting. Keep on.
LOL @ Lisa!!
Thanks!
Hi Tom, happy Independence Day, which I celebrate by publishing yours’ and other American blogrolls on Miss Welby and School for the Girls. Ciao!
Thanks Miss Welby!
Reading conservative websites, I constantly see references to the constitution as proof things like health care are beyond the powers of the government, but like with everything else, the teabaggers like to cherry pick whatever they can to support their agenda.
Take health care reform for example – I constantly see reference to this line in the preamble: “provide for the common defence, promote the general Welfare.”
The right-wing argument is that the constitution differentiates between “provide” and “promote” and insist that the government can only “promote” health care but they seem to ignore one important fact… Article 1 Section 8 states that Congress shall have the power to “provide for the common Defence AND general Welfare of the United States.”
These teabaggers are a bunch of ignorant armchair constitutionalists and I am glad to see people like you post articles like this that pick apart the constitution and analyze what it means while referencing how wrong the teabaggers are.
Kevin, I agree. I had not gotten that far yet. Article I, Section 8 is covered in today’s piece.
I’ll be sure to read!
Ahhh – it’s those great minds again, except I took the other document. Excellent post, Sir Cat. I have no doubt that the wing-nuts still think an African American is only 3/5 of a person.
Happy Fourth to you and everyone else hanging out here.
Thanks Leslie. I’m happy to see that someone is carrying on my old tradition. I will probably return to it next year.
Thanks TC…
So that means the Dems. once more lack the intestinal fortitude to do the right thing…Damn….
Tim, assuming that yopu are replying to my earlier reply on the filibuster, the Senate is a place deeply steeped in tradition. The Nuclear Option has never been done before. Although I support the nuclear option, it would be less controversial for the Democrats to change the rules on January 3.
I am a great fan of the American Constitution.
…But just saw a Canadian interview with Ralph Nader.
He seems to say that with only two parties–all is lost. Sort of like binary stars. One can’t let go of the other.
I agree with what Nader says, but without a Constiutional Convention to change the whole election system, third parties on a national level will serve only to dilute one side ot the other. Were it not for Nader, Bush would never have become President.
Really great… I’m enjoying reading through this… BB’s ‘willful ignorance’ resonates here…
Thanks, Gwen. I’m pleased that you like it. Willful ignorance is a great way to put it.