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Open Letter To Conservative Legislators

Thursday Mar 10, 2011

Barney Fife and the Preamble, posted with vodpod

At the beginning of  this congressional session the constitution was read on the floor of the house of representatives. Each incoming Senator is given a pocket copy (a tradition started by Sen Byrd). They along with everyone else elected to a federal position pledges to uphold the constitution.

Even though the ability to read is not a requirement for the job I don’t believe we have any literate dependents  at work here. If that is true it must be that they have forgotten the definitions of some words. This should remind them. (although this is written to the conservatives it may pay all to read)

Democracy      Government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system.                        The common people of a community as distinguished from any privileged class; the common people with respect to their political power.                      Congressional conservatives most have missed the second definition

Capitalism     An economic and political system characterized by a free market for goods and services and private control of production and consumption.       Can someone show me where this is stated as our economic system  in the constitution

Freedom   The state of being free Exemption from external control,interference,regulation Power to determine action without restraint             political or national independence      frankness of manor or speech I know freedom of speech is in the Constitution, but can you show me freedom of platform? I think we could allow political spin and still ban it from the airways and floors of congress. I remember when we thought our politicians were telling the truth now we’d like to find one who does.

Lie   A false statement made with intention to deceive an intentional untruth a falsehood          Something intended to convey a false impression            While both parties employ the second definition the Republicans have made it a mainstay of their platform.

Public Service   Government  Employment                                            How come everyone else is a government worker while your in Public   Service?

Insurance              A means of protecting or safeguarding against risk or injury.        I wonder why this is not for government to do but nation building is?

Representative      A person who represents  a constituency or community in a legislative body, especially a member of the U.S. house of Representatives or a lower house in certain state legislatures.     Represent          To stand or act in the place of, as a substitute, proxy, or agent          To act for or in behalf of (a constituency, state, etc.) by deputed right in exercising a voice in legislation or government          To present, produce, or perform, as on a stage          To impersonate, as in acting              This one both parties get right if you use the last two definitions And also the first two if those they are representing are not those that elected them but the party they belong to.

 
 
 
 
 
 

 


One Man’s View Of The Constitution Amendments 15-27

Monday Mar 7, 2011

Amendment 15  Race No Bar to Vote           The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.       The Congress shall have power to enforce this article by appropriate legislation

Amendment 16    Status of Income Tax Clarified        The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

Amendment 17    Senators Elected by Popular Vote                The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures              When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.           This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution

Amendment 18       Liquor Abolished            Repealed by the 21st Amendment

Amendment 19       Women’s Right to Vote      The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex   Congress shall have power to enforce this article by appropriate legislation.

Amendment 20        Presidential, Congressional Terms        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.    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.           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.         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.

Amendment 21      18th Amendment Repealed           The eighteenth article of amendment to the Constitution of the United States is hereby repealed.                        The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.                 The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment 22          Presidential Term Limits               No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Amendment 23      Presidential Vote for District of Columbia                  The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.                   The Congress shall have power to enforce this article by appropriate legeslation

Amendment 24    Poll Tax         The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax   ( A poll tax has had two historical meanings. The older is that of a fee that had to be paid to satisfy taxpayer requirements in voting laws. In some places, only people who could demonstrate a financial tie to a community were permitted to vote in that community. For those who did not otherwise own property or pay taxes, this sort of poll tax was sufficient to allow voting. More recently, however, a poll tax is a tax that must be paid by anyone wishing to cast a vote. Poll taxes of this sort were generally low, perhaps a dollar or two, but high enough to make voting uneconomical for poor people) or other tax.           The Congress shall have power to enforce this article by appropriate legeslation

Amendment 25      Presidential Disability and Succession              In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.            Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress             Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.             Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.              Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment 26     Voting Age Set to 18 Years                    The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.                The Congress shall have power to enforce this article by appropriate legislation

Amendment 27      Limiting Changes to Congressional Pay           No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.


One Man’s View Of The Constitution The Amendments 1-14

Tuesday Mar 1, 2011

The Bill Of Rights

Amendment 1  Freedom of Religion, Press, Speech, Petition, and Assembly                    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 to set right, remedy or rectify grievances.  

Amendment 2    Right to Bear Arms                         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.

Amendment 3   Quartering of Soldiers                       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.                

Amendment 4   Search and Seizure                      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.   

Amendment 5   Trial and Punishment,Compensation for Takings                        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 offense 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.  

Amendment  6    Right to Speedy Trial, Confronatation of Witness                          In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Amendment 7     Trial By Jury In A Civil Case                                     Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment  8    Cruel and Unusual Punishment                    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.   

The Rest         

Amendment 9  Construction of Constitution.                     The  number of rights in the Constitution, of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.    

Amendment 10    Powers of the States and People.        The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.  

Amendment 11    Judicial Limits                                 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.

Amendment 12     Choosing the President, Vice-President                  The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing 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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.             The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Amendment 13        Slavery Abolished               Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction       Congress shall have power to enforce this article by appropriate legislation.

Amendment 14         Citizenship Rights                All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.            Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.               No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.              The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.                   The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.


One Man’s View Of The Constitution Articles 3,4,5,6,7 and Signers

Sunday Feb 20, 2011

Article 3  The Judicial Branch

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;                                                                                                                                   2.Trial by Jury, Original Jurisdiction, Jury Trials (11th amendment)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;           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  power, right, or authority to interpret and apply the law : the limits or territory within which authority may be exercised. In all the other Cases before mentioned, the supreme Court shall have power to review decisions of lower courts 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.                                                                                                                                        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 (Corruption of Blood was part of ancient English penalty for treason. It was usually part of a Bill of Attainder, which normally sentenced the accused to death. The corruption of blood would forbid the accused’s family from inheriting his property. Such bills and punishments were often inflicted upon Tories by colonial governments immediately following independence) or Forfeiture except during the Life of the Person attainted.

Article 4  The States

1. Each State to Honor all others     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;                                                                                                                                                                  2. - State citizens, Extradition      The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.        A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.              (13th Amendment) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction    Congress shall have power to enforce this article by appropriate legislation;                                                                                                                         3. New States      New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.      The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.                                                                                                          4.  Republican government  a government having a chief of state who is not a monarch and is usually a president; also : a nation or other political unit having such a government or a government in which supreme power is held by the citizens entitled to vote and is exercised by elected officers and representatives governing according to law; 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.

Article 5  Amendment

   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

Article 6  Debts, Supremacy, Oaths

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.                  This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.           The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article 7. Ratification            The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.  

SIGNERS               

George Washington – President and deputy from Virginia 

New Hampshire – John Langdon, Nicholas Gilman

Massachusetts – Nathaniel Gorham, Rufus King

Connecticut – Wm Saml Johnson, Roger Sherman

New York – Alexander Hamilton

New Jersey – Wil Livingston, David Brearley, Wm Paterson, Jona. Dayton

Pennsylvania- B Franklin, Thomas Mifflin, Robt Morris, Geo. Clymer, Thos FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris

Delaware – Geo. Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco. Broom

Maryland – James McHenry, Dan of St Tho Jenifer, Danl Carroll

Virginia – John Blair, James Madison Jr.

North Carolina – Wm Blount, Richd Dobbs Spaight, Hu Williamson

South Carolina – J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler

Georgia – William Few, Abr Baldwin

Attest: William Jackson, Secretary

 

 


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