Constitution Review Day 1

Hello ladies and gentlemen,

Yesterday a reader recommended that I review the Constitution and I thought that was an absolutely fantastic idea.  Then I got to thinking, well I’m sure I’m not the only one who could benefit from reviewing the Constitution, nor am I likely the only one who always means to do so but puts it off because it’s pretty long and kinda boring.  So, I thought, why not post a small portion of the Constitution and my related comments each day until I’m through reading and considering it in it’s entirety?  That way, everyone can read, consider, and discuss in a manner that’s less daunting then going through the entire thing at once.  So…this is Constitution Review Day 1!  My notes are in italics, feel free to add your own in comments.

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.

The Constitution was written with the intent to achieve said goals.

“Form a more perfect Union” demonstrates a realization that our Union will never be perfect.  “Insure domestic tranquility” meaning that the Founding Fathers believed that following these guidelines would actually ensure domestic tranquility (hint to bureaucrats and lawmakers complaining about civil disobedience and unrest: why not try their suggestion?)!

Note the phrasing and choice of words in “promote the general welfare” and “secure the Blessings of Liberty”.  It does NOT say “secure the general welfare” and “promote the Blessings of Liberty”.  This tells me that the people writing this considered individual liberty to be of higher importance than general welfare or as I usually call it, the “common good”.

Article 1 – The Legislative Branch

leg·is·la·tive/ˈlejəˌslātiv/Adjective
1. Having the power to make laws: “the country’s supreme legislative body”.
2. Of or relating to laws or the making of them: “legislative proposals”.

Section 1 – The Legislature

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.

Section 2 – The House

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

(Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.) (The previous sentence in parentheses was modified by the 14th Amendment, section 2.) 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 choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3 – The Senate

The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding words in parentheses superseded by the 17th Amendment, section 1.) for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; (and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.) (The preceding words in parentheses were superseded by the 17th Amendment, section 2.)

No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall choose their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4 – Elections, Meetings

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 Place of Choosing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall (be on the first Monday in December,) (The preceding words in parentheses were superseded by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day.

14 comments to Constitution Review Day 1

  • Dave

    There is something peculiar about the Constitution that I have never been able to explain. The founding fathers of this once great nation strike me as having an abolute command of the English language. Yet, the Constitition contains some seemingly odd capitalization of words throughout. I get the impression that they were intending something specific when they capitalized a word which does not conform to the rules of the English language. Perhaps it is part of the rules of statutory construction. For example, “We the People”, it seems as if the “People” is not meant to refer to all the inhabitants of the land (or citizens), but instead perhaps it means only the signers of the Constitution on behalf of the the “people”. This is just one example and there are quite a few. I wonder if you might devote one or more of your commentaries to explaining the odd capitalization of words.

    It makes me wonder all the more…If the above example is accurate, then we do not need all the “people” demand changes to the status quo, we only need a body of “People” to demand and implement change to get our servants to obey the People’s/people’s demands to follow common law!

  • Kelly James

    Dave: That’s an excellent point and thank you very much, I’ll keep that in mind!

    To really get the correct meaning of words used in the Constitution Black’s Law Dictionary is the proper reference guide. There’s a free version online but I gotta pay the ten bucks and get the PDF as the free one is impossible to navigate. blackslawdictionaryonline.com

  • Silverlicious

    We can quote the constitution all day till we’re blue in the face.. Unfortunately, that document stopped existing in 1861, and was replaced by the Act of 1871..
    I know the guy in this video, and I would LOVE to hear your feedback..
    http://www.youtube.com/watch?v=2LxY_H5V0Kw&feature=player_embedded

  • Kelly James

    perfect listening material for my drive this afternoon!!! Downloading to my laptop as I type…

    Caught this line from the first couple of min: “It’s ultimately all British”. Yep, sure is.

    As far as the Constitution is concerned…I told you I’m not a practical thinker! LOL and you’re right for all practical intents and purposes……but I still think the Constitution is important regardless of the fact that, as a binding contract, it was the most devastating casualty of the Civil War. Was just talking about this yesterday in the context of Lincoln’s “depression” being a direct result of the fact that he knew what he had done. However, the fact remains that it was the first ever set of guidelines for the first ever country that was based on the philosophy of individual rights; and I guess we still retain a bare skeleton (a very, very bare skeleton which is decaying by the day) of the protections it was meant to afford. It certainly wasn’t perfect…the #1 thing I’d change would be to add rigid guidelines prohibiting the mixture of economics and state. Free market laissez faire capitalism is the only possible economic system for a free society :-)

  • Dave

    Wow!!! I have spend the better part of the day and evening reading and listening and learning about the scams that were perpetrated on the American people by Lincoln and all that supported him, and all who followed him. And to think that I live in the “Land of Lincoln” is disgusting to me!! What a piece of work he was! From there, the Constition we were/are ALL taught was trashed and a total sham put in it’s place. I am amazed at how many ways we claim our “residence” is in the District of Columbia; from filing a 1040, registering to vote, driver’s licence, and on and on…all are our claim to live in DC where “they” have complete and total control over us slaves and where the Constition provides NO protection. Break all ties to that BEAST. Now, to figure out HOW to actually DO that.

  • Dave

    On the other hand…much of what Kurt presents in the above link is little more than conjecture. Its obvious the video was edited. But, as presented in the video, he does not seem to support his opinions with very many facts and references. And I’ll add that the last several minutes of the video, he seems to shutdown all questions and goes on a tirade forcing people the get all emotionally charged over doing something that is never quite defined.

    I sure wish we had ANYTHING close to the Constitution that was signed way back in 1789.

  • Mark

    “The money power preys upon the nation in times of peace & conspires against it in times of war. It is more despotic than monarchy, more insolent than autocracy, more selfish than bureaucracy. It denounces, as public enemies, all who even question its methods or throw light upon its crimes. I have two great enemies, the Southern Army in front of me & the financial institutions at the rear, the latter is my greatest foe.” Abraham Lincoln

  • Scout

    Silverlicious: The video you cited should be required viewing by everyone, and especially the members of Sons of Liberty Academy, Tea Party folks and other patriot groups. It will open eyes, minds and, hopefully, hearts to a whole new level of resisting tyranny. As Walt Kelly’s character Pogo said 40 years ago, “We have met the enemy, and he is us!”

  • I am the guy in the video “Season of Treason”. Sadly, most of those sheeple making up the masses would never invest any time whatsoever yet alone every day 24/7 over two years of their life to learn the facts stated within that “short” video. The comment by “Dave” that my statements go undocumented is far from the truth. The fact is, if I were to share all the material referenced that “short” video would be a month-long documentary. Everything is available in the public domain for anybody to read for themselves.

    As for the emotional outburst, what is the problem? Can you imagine knowing the “cure” to the world’s cancer and yet having to stand mostly alone against the very people you are trying to save?

    K

  • Dave

    Kurt,
    I’ll give you the befit of the doubt. I do NOT disagree with you on most of what you say…just need more facts (as in legal FACTS). An actual assessment of things as they exist are more consistent with what you presented than “their” telling of the day…You just need to present more facts as if you were in a court to PROVE your case. From a casual audience, what you say, sounds good (and again, I do not diagree). Can you post or document more of what you present?!! I’ll be eagerly listening!!!

    Having fought legal battles as a “pro se” litigant, I am keenly aware of what it takes to win a legal argument. Allow me to present what a friend of mine who has a great understanding on history and business trusts says of your video:

    We have all heard this story many times. This speaker is one of the better
    speakers on the issues because he does not hem and haw and stutter like some
    of the other speakers on this issue. On the other hand, he says a whole
    lotta things that are just pure conjecture, does not support those
    conjectures, and moves on expecting us to accept them as presented without
    documentation. As he speaks, he laces these conjectures together quite
    well. But his theory is still based on a whole series of unsubstantiated
    conjectures. I am not saying this whole argument is wrong, only that he
    tells a good story without documenting most of the conjectures.

    He made a series of unsubstantiated claims that are just plain wrong, such
    as:

    1. Southern States walked out of Congress–> Congress lost its quorum–>
    Congress did not set another time and date to convene–> Congress ceased to
    exist – “it disappeared.” Wrong. Just because it did not re-convene didn’t
    mean that it ceased to exist. Congress merely violated a procedural
    requirement. It could be argued that the next session of Congress conducted
    no lawful business since Congress cannot conduct business until lawfully
    re-convened. But, at the end of that next session, Congress set a new time
    and date to re-convene. From that moment forward, Congress was again
    lawful. It missed at most one session and the business conducted during
    that session.

    2. Congress was no longer lawful–> The contract that was the Constitution
    was null and void–> Lincoln was elected–> Lincoln was not lawfully
    President. Wrong. First, just because Congress broke a procedural rule did
    not render the Constitution null and void. Especially since Congress
    observed that procedure in the very next session. Since the Constitution
    was still in effect, Lincoln was lawfully elected as President. Further,
    since Lincoln was elected as president BEFORE the Southern States walked out
    and Congress violated its procedural rule, Lincoln’s election could not have
    been affected.

    3. Lincoln established control over the federal territories though
    Executive Order One–> Lincoln was not lawfully president–> Executive Order
    One and its many assertions cannot stand. Wrong. The Constitution gave the
    Office of the President control over the Seat of Government and all federal
    territories. Each and every president from Washington forward already had
    plenary control over the federal territories.

    These are foundational issues for his entire presentation, all given in the
    first four minutes of his one hour and forty-five minute presentation. For
    the next hour and forty-five minutes, he built conjecture upon conjecture
    upon conjecture.

    But in the first four minutes, he destroyed his entire case and his
    credibility. His foundational assertions were just plain wrong. All his
    further assertions were based on a foundation that did not exist.

    This man is wrong in almost every “historical fact” and legal conclusion in
    his presentation. But his story sure makes sense. All one needs is a
    properly developed conspiracy mindset and this presentation becomes one’s
    mantra for why one can ignore and disobey federal jurisdiction.

    He can not be so well-studied that he can put this presentation together and not see the errors he is asking everyone to accept as fact. ”

    Like I said…MORE FACTS PLEASE! What you presnt sounds reasonable and even likely…I just need more FACTS to substantiate your claims. Please don’t misinterpret what we’re saying…but prove your case.

    I really want to understand and possess history. You can’t do that by ready modern day “history” books. So, give us what we need to prove the matter and not to tickle one’s ears.

  • Kelly James

    Wow…interesting conversation that I don’t know enough about to take a position on :-)

    Now this: “Can you imagine knowing the “cure”to the world’s cancer and yet having to stand mostly alone against the very people you are trying to save?”

    Unfortunately, yes.

    Great video Kurt, thank you.

  • Dave

    I thought this was rather relevent to the discussion:
    http://www.rumormillnews.com/cgi-bin/forum.cgi?noframes;read=211348

    Obama Is Guilty Of Treason

    TREASON: Forcible resistance to statute law with the intent of installing a rival and competing government.

    Citation: 1794 Whiskey Rebellion treason trial.

    Thursday 17 March 2011

    From: Walter Francis Fitzpatrick III, United States Navy Retired

    To: The Federal Grand Juries sitting in Knoxville, Tennessee

    SUBJECT: Renewed formal criminal complaint naming BARACK HUSSEIN OBAMA and OBAMA’S CRIMINAL ASSISTANTS in commission of the crime of TREASON against the United States of America.

    follow the link above for the details

  • Dave

    Hmmm, For a man who is so sure about things, Kurt is awefully quiet. I was hoping he would bring forth facts to support his conjecture…but alas, as I suspected, he has faded off into the sunset rather than fight the good fight. America was once a great nation. I believe we’ve been duped by the powers that be. But, I also be America has been lazy; looking for something for nothing; not willing to STAND matters that made this country great in the first place. I suspect we must fight another war for independence. This time to free ourselves from own evil government [empire!]. :~(

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