The Constitution of the United States of America - Article 1: Section 8

This is perhaps one of the most important parts of the Constitution, and one of the most ignored. This section represents the powers given to the Congress of the United States, a very small list. The Tenth Amendment ensures that this is ALL Congress is authorized to do.

Does that stop power grabbers and statists? If only. There are some who follow this though.

Section. 8. 

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; 

This is a big one. As I've covered previously, the so-called "Welfare Clause" is meant to restrict the powers of the federal government, not allowing them to do something unless it provides a direct benefit to everybody, not a benefit to 51% and a burden to 49%.

Congress has the power of taxation. Until 1913, they didn't have the power of income taxation, and generally resorted to ill-advised protectionist tariffs. Regardless, Congress has the power to tax for defense of the nation and to provide courts and police to defend our rights. (Yes, the police are meant to defend rights, contrary to popular opinion.)

 

To borrow Money on the credit of the United States; 

Though this is an ill advised action, Congress still has the power to do so.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; 

An equally controversial statement, the so called "Commerce Clause". Some have attempted to use it to defend Obamacare. Others have attempted to use it to cripple business and industry with obscene regulations. However, I believe the purpose of this clause is clear. It was meant to give the power of "regulating Commerce" to the federal government, which in turn would restrict states from regulating commerce amongst themselves.

Now, if the federal government used that power strictly to prevent states from regulating commerce, that would all be well and good. But, as we can learn from the so called "Gilded Age" (which was actually one of the most prosperous periods in American history), if Congress has the power to abuse, they will likely abuse it.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; 

This makes a pretty good amount of sense. Though the United States is a confederation of several states, it still exists as one nation for purposes of war, citizenship, etc. By providing uniform naturalization laws, it prevents someone losing citizenship (or naturalization) the second they cross state lines.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; 

Keep in mind the Congress has the power to coin money. Not to delegate the power of printing (not coining) money to a semi-government central bank that abuses it by blindly printing off money whenever it feels like (The Federal Reserve). So, Congress can regulate the value of money, but it also is only granted the power to coin money. That is, to create money that is backed (or made of) solid metals with tangible value, not worthless paper and ink.

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; 

Counterfeiting currency is just another way to debase currency. If you can't trust the metal content of the coins used, the value will go down. Surprise surprise, when our "coins" (Federal Reserve Notes) don't have any metal content or any tangible value, the value goes down. Who knew?

To establish Post Offices and post Roads; 

This is not an authorization for the construction of massive interstate highways. This is merely an authorization for the federal government, if it chooses to do so, to create roads for the purpose of mail delivery.

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; 

Many libertarians are against this provision, but I support it. This establishes copyrights, meaning something that an individual created, designed, invented, or wrote is guaranteed to be their private property, to be used however they see fit. I see this as protection of individual rights. It's not like somebody's right to murder you takes precedence over your right to live. Likewise, your right to your own mind takes precedence over another's right to it.

To constitute Tribunals inferior to the supreme Court; 

Not everything can be settled by the Supreme Court (and as we'll discover in Article III, not everything should be).

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 

Piracy used to be a much bigger problem in the Atlantic and Caribbean than it is today. Granted, there are still plenty of pirates, and Congress has the authority to deal with them, when it concerns American interests/American citizens.

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; 

The Congress of the Untied States, and the Congress alone, has the authority to declare war. Not the President. Not the United Nations. The Congress, the most direct conduit to the people, has the power to declare war, which it has not done since 1942.

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; 

This was an early attempt to restrict army raising to two years. All it really does is provide for new money appropriation to the armed forces every two years, the same length of time for a term in the House of Representatives.

To provide and maintain a Navy; 

Seeing as how airplanes didn't exist yet, the Constitution originally provided for an Army and a Navy. Today, the Coast Guard and the Marines are linked to the Navy, while the Air Force is linked to the Army, though they are all their own distinct branches of the military.

To make Rules for the Government and Regulation of the land and naval Forces; 

The Congress (or rather, the federal government) makes the rules for the armed forces of the federal government. This is common sense, and in no way was meant to detract from the power and freedom of militias. 

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; 

The militia was a decentralized group of American citizens. Rather, there were many militias, which varied from state to state. They were rarely professional soldiers. They were American citizens who were ready to defend their nation if the need arose. 

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; 

The federal government (Congress) will only be in control over the militias when they are serving to defend the United States as a whole, with no regards for what they may do within their own state. The states, meanwhile, may appoint officers, and train the militias.

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

The Congress legislates for the new seat of the federal government, not constructed as of the writing of the Constitution. Today, we know it as Washington D.C, located between Maryland and Virginia.

Likewise, this grants the federal government authority of lands it purchases from the states for the purpose of forts, arsenals, and other such essential things required by the military. (Note, this does not allow the federal government to purchase acres upon acres of trees. Trees are not needful buildings. They are trees.)

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.

Another "clause" the statists love to reference, the "Necessary and Proper Clause". In actuality, all this does is provide for the writing of laws not explicitly stated in the Constitution, providing that the laws are created are made only for the purpose of executing powers, such as making a post office, or declaring war.

That's it. 

That is literally all that the Congress of the United States is authorized to do. However, if you take one glance at Justin Amash's Facebook page (where he posts every vote on every bill in Congress), you'll find that the Congress is following no such restrictions, preferring to regulate every aspect of your life and the free market, and restrict what both are permitted to do. If only more of them bothered to read Article 1: Section 8.

Descent From Liberty

Less than an hour ago, the fine/tax/whatever you may wish to call it for Obamacare was upheld. John Roberts, the Chief Justice, joined with the Leftists/Statists to agree that the federal government can force sovereign citizens to purchase a good/service, or be fined/taxed for it. Outstanding, Roberts.

The four justices who voted no, Justices Clarence Thomas, Antonin Scalia, Anthony Kennedy, and Samuel Alito, will long be remembered as four sane human beings who read the Constitution. The other five, whose names I won't bother to mention with the exception of John Roberts (aka Traitorpants McGee), will long be remembered as bags of human waste who can't be bothered to read the Constitution.

For a brief overview on why Obamacare is completely wrong, read the Ninth and Tenth Amendments in the Bill of Rights, both authored by James Madison. For a brief overview of why the Supreme Court shouldn't even be deciding this kind of thing, read Article III of the United States Constitution.

I am amazed right now. Did somebody threaten to kill Roberts' family? That's about the only reason I can think of that this would have happened.

The purpose of the government, at the very least the United States federal government, is to provide for the defense of the people militarily and defense of their rights. The United States federal government has, instead, opted to completely attack the rights it was meant to defend.

Freedom of speech? Not if it offends somebody.

Freedom to keep and bear arms? Not if they're not on the list of approved arms.

Freedom from unreasonable search and seizure? Drones, everybody. Drones.

Freedom to not purchase health insurance (Ninth Amendment)? Not anymore.

Limitations on the power of the federal government, restricting it to do only what it was specifically authorized to do in the United States Constitution? Nope, not that either.

In short, I move we secede. The United States government is experiencing a descent from liberty, and you're only fooling yourself if you think Mitt Romney (or Barack Obama for that matter) will stop it. This entire system will crash and burn within twelve years. Then we can rebuild it, from the Constitution up.

We had a revolution for far less than this.

The Constitution of the United States of America - Article 1: Sections 4-7

Blah blah next four sections.

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 Chusing Senators.

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.

Section 5 - Membership, Rules, Journals, Adjournment

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6 - Compensation

(The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section 7 - Revenue Bills, Legislative Process, Presidential Veto

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

To be completely honest, I read through that whole thing and couldn't find a thing that I felt needed clarification or more explanation. I guess that's just how clear they wrote that sucker.

The Constitution of the United States of America - Article 1: Sections 1-3

Welcome to the next installment of the Constitution of the United States of America series. This section will focus on Article 1: Sections 1-3, primarily dealing with Congress and the powers thereof.

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.

Though the actual content of this section is minimal, the principle it represents is substantial. One of the most crucial components of the United States Constitution is the concept of separation of powers. Most people know that the federal government is comprised of three branches, the Executive, the Legislative, and the Judicial.

However, just as crucial as balancing powers among branches is the balancing of power within branches. The two house United States Congress came to be due to what is known as the Great Compromise. There were two plans in the works for what the new Congress would look like. Representatives from smaller states favored the New Jersey Plan, which resulted in a one house legislature, with one representative from each state. Representatives from larger states favored the Virginia Plan, which consisted of two houses, both based on population.

In order to compromise between the two, the United States Congress was formed, with the Senate having equal representation for each state, and the House of Representatives having representation based on population.

Section 2: 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.

The most important part of this excerpt is the term length. Two years is short enough to accomplish something, but not long enough to no longer accurately reflect the feelings of the people from whatever area the Representative came from. A wise decision.

 

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.  

Most of this excerpt is common size. Though age doesn't necessarily reflect ability, it's generally a good idea to at least make sure your representative has a bit of experience in their life, hence the age restriction of twenty-five years or older. The requirement for seven years citizenship also makes sense. Though individuals can live in a nation and still want the best for it, those most invested in its success are citizens, and therefore, only citizens should be allowed to serve in a high-ranking federal office. 

The final portion is also common sense. If you want to be elected as a representative of a state, you had better be a resident of that state. This, however, just makes  it concrete and uniform throughout the United States.

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.

This establishes the process for readjusting representation in Congress. Today, we have the number capped at 435, and simply assign the rest by proportion. Of course, every ten years in when the census is taken. The census reflects population changes, which should be reflected by changes of representation in the House of Representatives. It also guarantees at least one representative to each state, regardless of proportion to other states. It also establishes the representation for the first session of Congress.

  

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

Wisely preparing for any eventuality, the death of a Representative results in a new election in their home state, as issued by the Governor of the state.

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

 Though the Senate tries all impeachments, the House has the power to call for it. This is more crucial and wise separation of powers between the two houses, ensuring that one house (or party) can't impeach as it pleases.

Section 3: The Senate of the United States shall be composed of two Senators from each State thereof for six Years; and each Senator shall have one Vote.

The second house of Congress, the Senate, has equal representation for each state, and terms three times as long as the House of Representatives.

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.

This early class structure in the Senate provided the foundation for Senate elections today. Though Senators were once chosen by the State Legislatures (which was changed by the 17th Amendment), they are now directly elected, with six year terms, with each term varying among the states, so not every Senator will be up for re-election at the same time. This provides the Senate with somewhat more stability than the House.

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.

As there are fewer Senators who serve longer terms, making the qualifications slightly harder only makes sense. Bump up the age five years from the House, two years more of being a United States citizen, and the obvious condition that they live in the state they represent.

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

The Framers of the Constitution were smart enough to realize that their Senate would have an even number of Senators at all times. This could well lead to a tie. They took a largely ceremonial office (The Vice President), and actually gave it a function, the caster of the tie-breaking vote in the Senate. This has only happened 244 times throughout United States History

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.

Once again providing for any eventuality, the President pro tempore is third in line for the Presidency (assuming the President himself is first). Today, the President pro tempore is generally the most senior senator from the current ruling party, in this case, Daniel Inouye.

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.

This establishes how impeachments will proceed. Though the House votes on impeachments, the Senate tries all impeachments (meaning the trial for impeachment is held by the Senate), who can then acquit those being impeached. There is a requirement for two-thirds conviction for impeachment to go through, and the Chief Justice will preside when the President of the United States is impeached, which has only happened twice, with Andrew Johnson and Bill Clinton.

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.

This excerpt limits the punishments that impeachment can bring, not going further than removal from office, being forbidden to hold any other federal office, and trial for any crimes committed that may have led to the impeachment.

The Constitution of the United States - Preamble

When writing the recent Say No to Trevor Thomas series (Part 1, Part 2, Part 3), I realized something. I like writing things in series. It gives writing a bit more focus than randomly writing about whatever happens to be in the news on that day.

With that in mind, I'm starting a new writing series, on the Constitution of the United States. I'll cover each article, section, and amendments in detail, along with how they can apply to our republic (and our government) today. And what better place to begin than the Preamble?

We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common 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.

One of the most important things to understand about the Constitution is the type of men who created it. The primary author, and the "Father" of the Constitution is James Madison, the fourth president of the United States.

 James Madison: Father of the Constitution, Author of the Bill of Rights

James Madison, along with Alexander Hamilton and John Jay, authored the Federalist Papers, documents in support of the ratification of the United States Constitution. However, their opponents, the Anti-Federalists (led by patriot Patrick Henry) provided their support only on the addition of a Bill of Rights, and specifically, checks to the power of the federal government.

James Madison, upon his election to Congress, then authored the Bill of Rights. Without this crucial addition to the Constitution, it would have been a much weaker document. However, one of those amendments, the Tenth, reflected the general mood of Americans and the framers of the Constitution at the time. A limited federal government, created by the states, to be overshadowed by the state governments.

Thus, the preamble begins with "We the People of the United States". They were not people of the District of Columbia (yet to be built), they were citizens of their respective states creating a new government, primarily to serve a limited role in defense and trade.

"in Order to form a more perfect Union"

The United States of America isn't really a country at all. Rather, it is a union of many states.The people of the United States (or rather, citizens from the states that encompassed the United States) came together at the Constitutional Convention in order to create a better (more perfect) union among the states. They did not come to create a new nation. They came to create a new (and improved) union among nations.

"establish Justice, insure domestic Tranquility"

This new government of the United States would largely serve as a protector of rights and unifying force for the military of the several states. Though it was made by states, it would also serve as a medium for state-to-state relations, along with a podium for any abuses of liberty within one or more states. Thus, the new government, largely limited to being a forum for discussion and medium for action, would establish justice, which in turn would assist domestic tranquility.

"provide for the common defence, promote the general Welfare"

The latter part of the above excerpt has caused a host of trouble throughout United States history, but I'm getting ahead of myself. As stated before, one of the biggest purposes of this new government under the Constitution was defense (or, as they say, defence). Simply put, it made to create a provision so that a unified military could be formed in times of war, and soldiers from all states could come together for defense of the several states.

However, the "welfare clause", so called, has caused much more trouble. Though these four words were meant to restrict government power (don't do anything if it doesn't benefit all citizens), they have been twisted to attempt to give the federal government expanded powers. After all, the statists say, we're just promoting the general Welfare! Often, they are not. General welfare, in this case, expressly means something that is good for all citizens, and bad for none. A good example of this would be national defense, possibly why they're grouped together within the preamble. A military existing to defend the lives of the citizens from foreign conquest is definitively for the general welfare. Granted, the founders also had in mind a significantly smaller military than we see today, but that's another story entirely.

"and secure the Blessings of Liberty to ourselves and our Posterity"

There are many who deride the Constitution, saying it's an ancient document that's not relevant to our times today. I don't buy that argument. For example, the foundations of property rights exist in the Magna Carta, which was written in 1215. That's almost eight hundred years ago, and yet property rights are with us to this day.

The authors of the Constitution clearly had in mind that this new, limited government that served as a unifying force among the several states would not only allow liberty to flourish, it would allow liberty to remain for generations yet to come, so long as the new federal government did not try to go beyond the bounds placed upon it (spoiler: it did).

"do ordain and establish this Constitution of the United States of America."

This section is pretty self-explanatory. 

So, just by reading the preamble to the Constitution, one can see that it reflects the sentiment of a severely limited federal government, that exists under the supremacy of state governments, and largely serves as a medium for defense and justice, and a forum for grievances amongst the several states. 

What shocks me is the fact that all federal elected officials swear an oath to uphold it, but very, very few bother to even attempt to follow the guidelines within. There are exceptions, of course, like Ron Paul or Justin Amash, but most elected officials simply do not care.

It's our liberty on the line, and they don't care.

(Also, I just wanted to add a few side notes unrelated to the article. I've decided to enable Adsense for the blog. Why? I'm not really sure. The allure of riches, likely. Also, if you enjoyed this post, or Horatio Aldunez in general, it would be lovely if you give give it a +1 for Google. It helps bring more viewers here from Google searches. Thanks for reading.)