US Constitution, Amendments 13-15

Is the weather as lovely for you as it has been for me? Seriously, what a beautiful weekend! I’m going to keep this one short so I can get back outside…

The amendments today are the three “Reconstruction Amendments” a.k.a. they were adopted between 1865-1870 after the Civil War ended.

Thirteenth Amendment, Section 1 – 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.

Slavery and forced labor, except in cases where this is punishment for a person who is first convicted of a crime, are illegal in the USA and its territories.

Pretty straightforward. We used to have slavery, now we don’t and can’t.

Section 2 – Congress shall have power to enforce this article by appropriate legislation.

Congress has the authority to create the laws needed to enforce this amendment.

Another straightforward clause… NEXT!

Fourteenth Amendment, Section 1 – 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.

Anyone born or naturalized in the USA or anywhere under its authority is a citizen of the USA and the state where they live. No state may create/enforce a law to limits the rights and protections of U.S. citizens. No state may take away anyone’s life, freedom, or property without following fair legal procedures. No state may refuse equal legal protection to any person under its authority.

So obviously this amendment has been a hot topic for a few years now. I’m not really going to get into this, you can do your own research, but much of this argument hinges on the phrase “subject to the jurisdiction thereof.” There are a lot of SCOTUS decisions about this, papers, speeches, books, etc. but the main thing to focus on right now is that the 14th Amendment gave citizenship to former slaves.

Section 2 – 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.

The number of Representatives each state gets in Congress is based on its total population, counting every person in the state except Indians who are not taxed. However, if a state denies or restricts the right of men to vote (in elections for presidential electors, members of Congress, state executive or judicial officers, or members of the state legislature) to any of its male citizens who are 21 or older, except as punishment for rebellion or other crimes, then that state’s representation in Congress will be reduced in the same proportion as the number of such excluded male citizens compared with the total number of male citizens age 21 and older in the state.

So here we see that we no longer have the 3/5 clause, but that former slaves are equal persons and shall be counted as such in the population. If a state doesn’t let law-abiding men over the age of 21 vote, then they lose representation by the proportion of the number of men they are excluding. This was a compromise. Republicans wanted to give former slaves and black people in general the right to vote. Many people in the north did not. So, a state didn’t have to give black people the right to vote, but if they don’t, they will have less representation as a whole.

As always, everything is political. There were more “full people” (for lack of a better phrase) and more potential new voters in the south so the south’s representation was potentially going to be bigger. Everyone always says the north were the ones who wanted to abolish slavery, yet they didn’t want to lose their own representation numbers if black people were now counted as equal and the south got more congressman, etc.

Isn’t politics awesome? *sigh*

Section 3 – 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.

No one may serve as a U.S. Senator or Representative, as a presidential or vice-presidential elector, or in any civil or military office under the United States or any state, if that person previously took an oath (as a member of Congress, a U.S. officer, a state legislator, or a state executive or judicial officer) to support the U.S. Constitution and then took part in an insurrection or rebellion against it, or gave help or support to its enemies. Congress can remove this ban by a two-thirds vote of both the House and the Senate.

This was added to punish people were were once elected US officials, then they joined the confederacy/held political power there, and then they wanted to come back to elected office in the Union. Many Republicans did not want these people to serve again in the USA, so they added this section. But then the Amnesty Acts were passed in 1872 (with the 2/3 majority) so most of these people were allowed to serve again.

Section 4 – 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 validity of the public debt of the United States that was authorized by law, including debts for pensions and bonuses paid for service in putting down insurrection or rebellion, cannot be questioned. Neither the United States nor any state may take on or pay any debt or obligation that was created to support insurrection or rebellion against the United States, or any claim for the loss or freeing of any slave. All such debts, obligations, and claims are illegal and void.

This basically means debt the US incurred fighting the civil war is valid and must be paid. Debts incurred by the confederacy is not legal and is void. Nobody can be compensated for the loss of slaves. Republicans wanted to make sure the US paid its debt which was quite large.

Section 5 – The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Congress has the power to enforce the provisions of this amendment through appropriate legislation.

Fifteenth Amendment, Section 1 – 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 right of a US Citizen to vote cannot be denied or limited by the USA or any state on the basis of race, skin color, or previous status as a slave.

This one is also pretty straightforward and easy to understand! Note, this doesn’t include gender.

Section 2 – The Congress shall have power to enforce this article by appropriate legislation.

Congress has the power to enforce the provisions of this amendment through appropriate legislation. They keep saying this – maybe we should understand and remember that Congress are the ones responsible for passing laws!

Side note. Early voting in Texas starts tomorrow. Hit your girl up if you need voting recommendations. Please please please vote!

And enjoy this beautiful Sunday!

US Constitution, Amendments 11-12

Have you missed me? Listen, life is busy. And I meant to finish all of this before things got cray cray, but here we are. This is just an opportunity for all of you to practice patience while you wait for my next educational and hilarious post about the Constitution.

It’s just a short post today, but let’s be honest… you’re blessed anytime I write anything.

Eleventh 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.

Federal courts cannot hear lawsuits against a state that are brought by citizens of another state or citizens/governments from another country.

This amendment was ratified in 1795 after a private non-Georgian sued the state of Georgia in Federal court. People were worried this was dangerous precedent, and that states would not be able to keep their unique independence from each other. I think some states do some crazy things, but as a person who doesn’t live in that state, is it really my business, especially if it doesn’t impact me?

This can of course get complicated, especially as all government has grown way too much, but this is a super unknown amendment that I find very important.

I looked for recent challenges and examples related to the 11th Amendment, and honestly, so many of them were brought because the government is so big. I wonder what ole TJ and James Madison would think about us these days. *sigh*

Twelfth Amendment – 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.

Electors meet in their home states and vote for Prez and VP, one of which cannot be from the state where the electors live. They will use 2 ballots – one for Prez, one for VP. They will make separate lists, one with the people voted as Prez and the total tally, one with the people voted as VP and the total tally. These lists shall be signed, certified, and sent (sealed) to the US Cap for the President of the Senate. This person shall, in the presence of both chambers, open all of the lists and the votes shall be counted. The person with the most Prez votes becomes the Prez if they received a majority of the votes. If nobody received a majority, then the House will take the top vote receiving candidates (not exceeding 3) and choose the President by their own ballot vote. The votes will be taken as one per state. To have a quorum for this vote, 2/3 of the states must be present and a majority of the total number of states is required to elect the Prez. If the House does not choose a President (when they have to) by March 4, then the VP acts as the Prez like they would if the Prez were to die. The person who receives the most VP votes becomes the VP if that number is a majority. If nobody receives a majority, then the top 2 candidates will be voted on by the Senate. A quorum for this vote is 2/3 of all senators, and a simple majority of all senators is all that is required to win the VP. No person who is unconstitutionally ineligible to be Prez can be VP.

This amendment became a thing after Jefferson and Burr tied and it caused a big hubbub. This replaced parts of Article II Section 1.

I don’t really have much else to say about this haha.

Talk to y’all again soon (maybe)

US Constitution, Amendments 6-10

Did you guys miss me? Sorry, I’ve been so busy! And then I had every intention of writing yesterday, but other things came up.

Also. I think I am officially old. Justin Verlander pitched in his last game yesterday, and I think he was the last athlete on the Beks Mount Rushmore to retire. I’ve said it before, but you don’t love athletes when you’re an adult the way you do when you’re a kid. That would be weird. And they’re all mostly younger than you now. But having my childhood fave play until I was in my 30’s? Well, let’s just say there have been some tears shed watching all the videos and listening to the radio call (live) for his last strikeout.

So anyway. The Constitution! Let’s finish up the Bill of Rights today, shall we?

Sixth Amendment – 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.

In every criminal case, the accused person has the right to a speedy and public trial by an unbiased jury from the state and district where the crime is accused of happening. The accused must be told the nature of the charge, must be able to force the witnesses testifying against them, must be able to force the witnesses in their favor to appear, and have access to a lawyer.

This is of course an interesting one to me, but what does “speedy” mean? What does “unbiased jury” mean in cases that are widely known (think a public assassination or celebrity accused of a crime)? Things have gotten more complicated these days. Courts have so many cases on their plates which slows everything down. Media, especially social media, have made a lot of crimes much more public. We have more evidence (true or false) from citizen journalists than ever before. Finding unbiased jurors is harder than ever.

But that doesn’t change the rights of a person. A person is innocent until proven guilty. There are some interesting ideas for reforms in this realm – maybe I’ll write more about those later. As a society who sometimes forget what justice means, we cannot lose sight of the rights the founders and framers fought for for the accused. And I’ve said it before, but we know that politics are used when accusing someone of a crime. If it can happen to somebody, it can always eventually happen to you. Don’t wait to understand your rights until it’s too late!

Seventh Amendment – In 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.

In ordinary civil lawsuits where the amounted dispute is more than $20, the right to a jury trial is protected. No decision given by a jury can be re-examined in any United States court except according to the traditional rules of common law.

This one is pretty straightforward – once a civil lawsuit is settled, it’s (basically) done. Next!

Eighth Amendment – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Excessive bail, excessive fines, and cruel and unusual punishment are not allowed.

I got a LOT of thoughts about this one. Once again, the terms are slightly vague, but I definitely err on the side of citizen rights. Now if a person is accused of murder, should they face the same bail as someone who stole something? No. But should a poor person have different bail than a poor person for the same crime? I lean towards also no.

Cruel and unusual punishment is another one. Everyone says it, but what does it look like practically? Does it mean a person found guilty of a crime should not be allowed to sleep for 6 hours uninterrupted each night? Does it mean a person guilty of some crimes, but not others, should be deprived of seeing the sun? I have opinions about this, and I’m sure you do, too.

SCOTUS has defined a lot of things, too, but when in doubt, I’d at least encourage you to think about what it means if we err on the side of the rights of the accused. Draw it out to its most “extreme” conclusion and see where you land.

And I also like to think about what the point of jail really is. Is it to protect society from bad people? What about once they get out? Thinking about this helps me think about what cruel and unusual punishment looks like. I feel myself starting to rant, but definitely gonna stop myself before I get going lolz

Ninth Amendment – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Just because the Constitution lists some rights, that doesn’t mean other rights kept by the people are denied or less important.

So this of course might be an amendment that seems like it can be used and abused. If we are erring on the rights of the people though, it’s a good thing it was included. This is saying people still have the right to do things like get married, raise their children, refuse medical treatment, etc.

Will there always be bad actors who try to abuse the Constitution? Of course. But as an individual human being, I value my rights which do not come from the government, but rather my creator. The power of the government comes from ME (and you and you and you, dear reader)

Tenth Amendment – 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.

Any power the Constitution does not give to the US Government, and that the Constitution does not forbid the states from having, belongs to the states and the people.

So this was the amendment I teased before that might be the most important part of the Constitution. This is a common belief in circles where I run, so I can’t take full credit for it, but what do y’all think? Think about what this means – any power not expressly given to the federal government belongs to the states or the people. Government has gotten SO BIG and the states have ceded much ground on this front.

Things the states have ceded power to the federal government on: education, healthcare, welfare, business and labor regulations, environmental regulations. For a long time, abortion fell partially in this arena. Now it’s back a bit more in line with the Constitution.

Basically if the Constitution doesn’t explicitly give the power to the US government, states should decide if that thing should even exist. Would some states get rid of all welfare? I think we’re too far gone for that, but hypothetically, that decision should come from each state. Same with healthcare. If Massachusetts wants to have Romney Care for healthcare, fine. If Texas doesn’t want it, great.

This amendment should be the check on the federal government, but I fear it’s too late. Here’s an example: hurricane/tornado/flood/fire happens. What is the first thing most Governors do? Turn to the President and ask for federal help. If the states are going to rely on the federal government to bail them out (or even just help) when disaster strikes, what proof do we have that they will push back on the government in other important areas? Past behavior is the best indicator of future behavior…

You might fall somewhere in the middle. Maybe you think the country has gotten really big and we need the federal government to hold us together. Maybe you think some things not expressly outlined in the Constitution fall under parts of the Constitution so it’s okay for the federal government to get involved.

So, I appreciate the 10th Amendment, and not just because it was mostly included to appease the anti-federalists. I think it’s the amendment that is abused more than any other, although that’s definitely another fun thought experiment for nerds like me.

Enjoy the football today!

US Constitution, Amendments 1-5

Happy Constitution Day! What a great day to start our journey through the amendments.

First Amendment – Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Congress cannot pass a law to establish an official government religion or pass a law that stops people from practicing their religion. They cannot pass a law to restrict the freedom of speech, freedom of the press, the right of people to peaceably assemble, or the right to petition the government.

This one is pretty straightforward and probably the best known amendment. People quote various aspects of it regularly. And I would agree these are some of our most fundamental rights. The freedom of religion is our most fundamental right, and was a very novel thing back in our early days as a country. Most places had state religions, but we are founded, at least partly, on the fact that we will not. And this is a GOOD thing! If my religion becomes our official government religion, what’s to stop it from becoming someone else’s religion tomorrow? And what if that religion restricts my religion? Or they believe in restricting my rights? When we have the choice between the government getting involved or not, I choose NOT. I think it’s also important to note what the first right is – freedom of religion. Everything the framers did was intentional and thoughtful, including this.

I’m a pretty hardcore free speech absolutist. I think that people should have the right to say all the horrible things they want. I have the right to disagree. But once we start policing what’s okay and what’s not okay, it’s too late. If it’s illegal to say bad things about a person or a group of people now, what’s to stop it from being illegal to stop you from saying things about someone else in the future? Most people NEVER think that’s going to happen, but this has been happening all around us for the last 10 years or so. They assume our society is mostly sane enough to keep a lid on the complete crazy being unleashed. I couldn’t disagree more. When we give an inch on our rights, they will take a mile. People of course confuse the right to free speech with the right to not have consequences from saying them – you can say whatever you want, but you are not free from the consequences of your words.

The freedom of the press is a very important right. It doesn’t really exist anymore, but mostly because the press is largely controlled through a little thing called Operation Mockingbird. Look it up sometime – the press is not free.

Back in 2020, people complained that closing the churches was the government restricting their freedom to practice their religion. I guess that’s true in a sense, but to me, the bigger Constitutional right they destroyed then was our right to peacefully assemble. It wasn’t illegal to BE a Christian. It wasn’t illegal to read your Bible or sing hymns, but it was illegal (kind of) to go to church. Not everyone agrees with me on this, and that’s okay. But going to church is not a requirement for practicing your religion. Should you go to church every week? Absolutely. But are you suddenly not a Christian if you don’t go one week? Absolutely not. The freedom and right to assemble are lesser known aspects to me in the first amendment, but they are very important.

The freedom to petition is of course important, and too many people neglect to regularly exercise this right. We have a representative form of government. This means our officials work FOR us, not the other way around. The best way to keep our government in check is to stay locked in all the time, not just when things are bad. If you want to know how to get more involved, let me know. I got you.

Second Amendment – 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.

Because a well-regulated militia is necessary to maintain a FREE STATE, the right for individuals to keep and carry weapons shall not be restricted.

Another very well-known amendment. You know in Seinfeld when George’s dad is doing the airing of the grievances for Festivus and he’s like “I got a lotta problems with you people!” – well, that’s how I feel about basically every word in the 2nd amendment. I got a lot to say about this to you people!

So. People always just say our 2A rights are the right to bear arms. And yes, that’s a main part of it. But what’s the first part of this sentence? A well-regulated militia is necessary to maintain a free state. A militia is a group of people who are not full-time professional soldiers, but just regular citizens. The founders were very skeptical of a full-time standing military. They knew a military run by the federal government was a potential threat to the rights and freedoms of everyday Americans.

Again. People don’t ever think this could happen in America. They see militaries and tanks harassing citizens in China or North Korea, and think “never here!” But we are all humans. Humans are fallen and sinful creatures. The allure to silence your enemies or a desire to order people into shape exists in all of us. We see this all. the. time. Candidates run as pro-freedom, limited government, etc etc and then they get one WHIFF of power, and they change. 99.9999% of the time.

Man, this post is getting long. So ranty. BUT THIS STUFF MATTERS!

“Well-regulated” does not mean the right to regulate (as in restrict) the private ownership of guns. SCOTUS has ruled on this, and it lines up with the phrasing and language of the day when this was written.

Also. The 2nd amendment does not specifically mention guns. It’s talking about arms meaning weapons – knives, swords, etc. Our right to bear guns has been litigated more times than I can count. People don’t really bat an eye when they hear about the banning of carrying a knife. They say, “Why would I need to carry a knife? I’m not going to stab someone.” But that’s not the point! If there’s one thing I hope all four of you reading understand, it is that our founders and framers did not write things thinking that we live in a utopia where people never have bad intentions. They wrote things KNOWING everyone can have bad intentions! And governments can easily become tyrannical with the worst intentions of all. If we keep their intentions and power in check, we can maintain our freedom.

Side note: I saw a meme one time talking about libertarianism around the world. It said that libertarians in America complain we aren’t allowed to have tanks when the government does, while other libertarians are just trying to get simple rights like carrying a pocket knife on a subway. I laughed. I know we have a lot of rights here, and I don’t take them for granted. But it is also a good thought experiment to draw out the language the framers wrote to their “most extreme” end and see where you land. This helps you understand what you really believe. If you reach a different conclusion then I do, great. At least you actually thought about things and learned what you really believe. It’s especially enjoyable to me to carry out these thought experiments with the amendments. These are some of our most basic rights, spend time thinking about them!

Third Amendment – 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.

In peacetime, no soldier shall be housed in someone’s private home without the owner’s consent. During wartime, a soldier may only be house in a private residence in circumstances created and outlined in law.

People think this is a random amendment. It’s actually the least litigated of all the amendments. You probably know that the dirty Brits forced Americans to house and feed British soldiers. This is so WILD to us today. I think this is a great example of a government gone crazy. You want to assert your power? Forcing someone to take someone into their home that they do not know and probably do not like, and forcing that person to feed this stranger is really just the government flexing their muscles. You think you have rights? Think again! We can make you give home and food to anyone we want. Wild.

Thankfully, this practice does not exist today. Who knows if it would have continued without this amendment, though. The fact that it seems crazy to us that they needed to ban this back then kind of shows me how much freedom we actually have that we can easily take for granted.

Fourth Amendment – 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.

We have the right against unreasonable search and seizure of our body, home, papers, and belongings. This right shall NOT BE VIOLATED. Warrants may only be issued in cases of probable cause issued under sworn oath, and the warrant must clearly describe the place to be searched and the person/thing to be seized.

“Unreasonable search and seizure” is of course an important phrase in this amendment. “Unreasonable” can easily be abused. If I’m caught speeding, is that a reason for search and seizure of my car or body? I have my own thoughts about this, but like I said in the 2A stuff, what do you think? Draw this out to it’s “most extreme” end and reach your own conclusion.

The stuff about the warrant? Also very important. Since the Patriot Act, I would argue we have lost a lot of our rights to privacy in the name of safety. If you think the government should be able to listen to your phone calls to your cousin in Iraq without a warrant because you have nothing to hide, but someone else may have something to hide and listening to their calls to Iraq reveals they’re going to cause harm to us, then okay. You’ve at least thought about this issue. But I vehemently disagree. As we will soon discuss, you are innocent until proven guilty. Casting a wide net through things like Flock cameras or the Patriot Act erode the rights of millions of people.

These arguments about catching one bad guy at the infringement of the rights of a million good guys are how these things get passed. And once they start to erode a freedom by a millimeter, the train has left the station and there’s basically zero chance of going back. By the time most people realize our freedom has been eroded, it’s way too late. When given the choice to give the government power or not, I always say NOT.

Of all of the amendments in the Bill of Rights that have eroded the most in application over time, the 4th amendment has to be at the top of the list. We live in a surveillance state. Call me a conspiracy theorist all you want. Read Edward Snowden’s book. Count the cameras you pass from home to work. Notice the number of emails you get you never signed up for. Look through the settings on your phone to see what is being saved and tracked. There is so much data out there on all of us. Get informed about what’s really going on, and then if you still think I’m a conspiracy theorist, you’re free to call me all the names you want after you have taken the time to get informed yourself.

Fifth Amendment – No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Nobody can stand trial for a capital or serious crime unless a grand jury has charged them first except in cases where they are actively serving in the military or militia. No one can be tried for the same crime twice in a way that again puts their life or body at risk. Nobody can be forced to testify against themselves. Nobody can have their life, liberty, or property taken from them without due process, and private property cannot be taken for public use without fair compensation.

This isn’t explicitly where “innocent until proven guilty” comes from as that comes from a combo of a few amendments, but you can see it here: you cannot lose your life, freedom, or property without due process.

The gist of this amendment to me is that it should be very difficult to charge and convict a person with a crime. This isn’t because we want criminals to run free, but it is because of the power wielded by the government. Liberty is an essential human right. If that right is going to be taken from a person, we need to be really sure they deserve to lose that freedom. People assume libertarians don’t want criminals to be punished, that they want to live in a land without laws.

False.

It’s an easy thing to talk about someone “deserving” the death penalty or a life-sentence. But what if you’re the one who has to turn on the electric chair? Wouldn’t you want to be reallllly sure the person did the thing they’re accused of doing? As a society, every time someone is executed or imprisoned, it is on us. We elect the people who pass and sign the laws. We often elect the judges, or at least the people who appoint them. In a way, it’s up to each of us to be sure people deserve the punishments we are handing out because life and liberty are ESSENTIAL RIGHTS. If we are going to allow the government to take those rights away, because again, the government works for us, it is my opinion we should want those standards to be very high before those rights are taken. And if, heaven forbid, you should one day be accused of a crime, you will hope your life or liberty is taken away only if it can be proven you committed the crime. You never think it’s going to happen to you. But as government grows, our rights erode. That’s just how things work. The founders and the framers knew this. I hope we do, too.

In honor of Constitution Day, I hope you will take some time to think and discuss these amendments. Think about what they mean, both to you and for you. Think about what it would mean if our government was bigger, smaller, more tyrannical, or less tyrannical. We live in a wonderful place, but only as long as we can maintain our freedoms.

US Constitution, Article V, VI, VII

Did everyone sit on their couch watching football for approximately 20+ hours this weekend, or just me? Either way, football is SO BACK and it’s a wonderful time to be alive.

Today we’re going to finish up the articles of the Constitution. These three are relatively short and then we’ll start the fun stuff with the amendments soon!

Article V – 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.

Man. Talk about a run-on sentence! Phew. Okay. When 2/3 of both chambers in Congress decide it is necessary, they can propose Constitutional Amendments. This can also happen when 2/3 of the state legislatures formally petition for a convention to propose and discuss amendments. These proposed amendments become valid and part of the Constitution when 3/4 of the state legislatures ratify them or 3/4 of the states have conventions to ratify them – it’s up to Congress to propose the method of ratification. No amendment proposed before 1808 may affect the first and fourth clauses of the 9th section of Article I (dealing with the slave trade and taxes). No state shall be deprived of its equal voting power in the Senate (2 votes per state) without that states consent.

Article VI – 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.

All debts and obligations that existed before the ratification of the Constitution still exist under the same terms in the USA as they did in the USA under the Articles of 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.

This is the supremacy clause. It means that the Constitution and US laws made through the Constitution and current/future US treaties are the supreme law of the land a.k.a. federal laws/treaties trump state laws. The judges in every state are bound by them regardless of any contrary law in the state constitution or state law. We’ll get more into this in the amendments I’m sure, but basically SCOTUS has carved some things out (set precedent) for what this means practically in the states. I think this is a very interesting topic, and the Constitution/Bill of Rights definitely put some things in place to keep the federal government in a box.

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.

The Senators/Reps mentioned earlier, the members of state legislatures, and all executive branch/judicial branch officers are bound by oath to uphold the US Constitution. No religious test shall ever be required as a qualification to hold public office/to work in the government in the USA. The founders and framers were not messing around when it came to freedom of religion, including having no religion. This was proposed by Charles Pinckney and was adopted by large super-majority.

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

If nine states ratifying the constitution at their convention, then the Constitution goes into effect in the states that ratify it. If a state chose not to ratify it, they did not join the Union. All 13 states did ratify the Constitution, the last in 1790.

I once read Article VII was used by some of the Confederate States to leave the Union. The logic makes sense – if you decide to repeal your ratification of the Constitution, then you are no longer a willing participant in the United States. If a fact is true, then the inverse would also be true, right? (Chocolate is his favorite food therefore pizza is not his favorite food.) However. Technically, article VII does not say anything about un-ratifying the Constitution. And the Secession Ordinances passed by each southern state (on their way to the Confederacy) do not actually invoke Article VII as the reasoning. We’ll get more into the legal reasoning or whatever behind secession later I’m sure, but I just think this is an important note. People often assume things based on the inverse/context/penumbra of the Constitution, but I also think it’s clear the founders and framers were pretty thoughtful in what they chose to include (or not). And this is why there’s an oft forgotten part of the Bill of Rights I actually think might be the most important part of the entire Constitution.

What a tease. Man, I’m good at this.

US Constitution, Article IV

Guys. There’s NFL today. Plus, besides all the football, there’s also been so much fabulous tennis at the US Open. Did y’all watch any of that yesterday? AMAZING. I love tennis so much. Sports are the best.

You know what else is the best? THE CONSTITUTION. How’s that for a smooth transition. Today, we’re covering Article IV. You know the routine by now, so here we go.

Section 1 – 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.

Each state must recognize and honor the laws, records, and court decisions of every other state. Congress can pass laws to establish how those laws, records, and court decisions should be authenticated and what legal force they have.

Section 2 – The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

Citizens of any given state are entitled to the basic privileges/immunities citizens of the other states enjoy.

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.

Anyone charged with treason/felony/other crime who flees the state where they are charged and is found in another state must be returned to the state where they are charged with a crime.

No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

This is what became known as the Fugitive Slave Clause. This part was eventually rendered null from the 13th amendment, but here’s what it means anyway: No person bound to service/labor in one state who escapes to another state may be released from service based on the laws of the second state. The person must be returned to the person whom they owe labor/service.

This was not strictly about slaves, but was written to include indentured servants, apprentices, etc. Now of course if someone is sold into slavery and never sees a penny from that sale, they don’t “owe” labor/service to a person in the way we understand it today, but slaves were horrifyingly treated similar to livestock, not people. Like I said, the 13th Amendment made this clause invalid.

Section 3 – 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.

Congress may admit new states into the USA. No new state may be created within the territory of an existing state, and no state may be created by taking another/parts of other states unless those state legislatures and the US Congress both approve of it.

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.

Congress has the power to make the rules/regulations related to US land and territories. The Constitution should not be interpreted as harming the USA or any state’s claim to unclaimed land (like the wild wild west back in the day). This was basically just saying that the claims to that land are what they are and you can figure that stuff out later in court, treaties, or something similar. It’s a pretty dormant clause now.

Section 4 – 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.

The US guarantees a republican form of government (or representative government) to each state.

Side note: People always say America is a democracy, but honestly people, do you know what a democracy even is? We have a Constitutional Republic meaning practically that we elect people who represent us and they handle/vote on all of the things as our representative. If we had a democracy, we would all vote on the budget, war powers, the SAVE act, etc. without any organized body of elected officials. Actually… that doesn’t sound like such a bad idea these days (I jest). Ultimately, a Republic means the power rests with We the People. The fact the framers included this specifically in the Constitution shows how much they thought about this complex issue and they’re worth listening to!

Okay, sorry, back to it: The USA will protect each state from invasion (there’s that word again). The state legislatures, or the state executives if the legislature is adjourned, may request protection from the US against domestic conflicts.

We’re almost to the amendments which is when it gets fun! Also. Today is the day we learned about in our Founding Fathers series when our country became the United States of America. Names for the state were kind of all over the place before then including “United Colonies.” USA is so much better.

Enjoy the football tonight!

US Constitution, Article III

Don’t you love a day that feels like Monday but is actually Tuesday? We should take Monday off every week.

Article III of the Constitution covers our fabulous Judicial Branch. It’s short and sweet. Do y’all miss my wit and silly jokes? Sorry my friends, sassy Beks will return once we finish the articles (probably).

Section 1 – The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

The Judicial Power of the US belongs to the US Supreme Court and any courts the Congress may establish in the future. All judges, both on SCOTUS and otherwise, will keep their positions as long as they exhibit good behavior. They can receive a salary, and that salary cannot be decreased while they’re still in office.

Section 2 – The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

The judicial branch has power over any national law or treaty related to the USA, cases involved ambassadors/ministers/consuls, cases related to maritime and sea matters, controversies involving the USA, controversies between two or more states, between a state and citizens of a different state, controversies between citizens of different states, controversies between citizens of the same state claiming land under grants from a different state, and controversies between a state/its citizens and foreign states/citizens/subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

In all cases involving ambassadors/minsters/consuls, and in all cases in which the State is a party, SCOTUS has original jurisdiction meaning the case begins in their court. In all of the other cases mentioned, SCOTUS has appellate jurisdiction, meaning they can review the case from the lower court, over questions of law and fact, subject to any new laws or rules created by Congress.

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.

All trials, except in the case of an impeachment, shall be by jury. The trial should take place in the state where the crime was accused of being committed. If the crime was not committed in any state, the trial will be wherever Congress has decided a trial can be in law.

Section 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.

Treason against the USA means levying war against the country or joining the enemies of the USA and given them support and assistance. No one can be convicted of treason unless there is testimony from two witnesses of the same act or if the person confesses in court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Congress has the power to decide the punishment for treason. A conviction of treason cannot result in punishment for the person’s heirs or descendants or forfeiture or property unless taken during the actual lifetime of the convicted person.

Like I said, pretty straightforward stuff today!

US Constitution, Article II

I hope everyone is enjoying their long weekend and is getting their fill of football! What better way is there to celebrate the day off than with a little blog about our Constitution? Article II covers the Executive Branch.

Like Article I, it’s pretty straight forward stuff with not a lot of commentary. Don’t worry, that will come with the amendments. Let’s get to it:

Section 1 – The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:

The head of the Executive Branch will be the President. He will serve a term four years and his term will run concurrently with the Vice President who is elected at the same time. This is how they’ll be chosen:

Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

Each state will choose electors, the legislature can decide how they choose them. The number each state gets is equal to the number of senators and reps from that state. Nobody who holds office can be an elector.

The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.

The electors will meet in their own states and each vote for two people, with at least one of them not being from their state. They will prepare a list of everyone who received votes and how many votes they received. They will certify the results, and then send them sealed to the President of the Senate. The President of the Senate will open all of the sealed results in the presence of Congress and they will count the votes. The person with the most votes becomes President as long as it is a majority. If there is a tie with both people having a majority, then the House will immediately cast their ballots from those candidates to choose the new Prez. If nobody gets a majority from the electors, the top 5 candidates advance to the House to then vote and choose the new President. If this happens, each state gets one vote for President – the members of each state have to decide how to cast that vote. A quorum for this vote is 2/3 of all the states, and a majority must be achieved from all total states to find a winner. After the President is chosen, the person with the second most votes becomes the Vice President. If there is a tie, the Senator will vote to choose the new VP.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

Congress can decide on the time and date for all of these events, but they must be the same across the country.

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

Only a natural born citizen (or citizen at time of ratifying the Constitution) can become Prez. The president must be 35 and lived in the US for at least 14 years.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

If the President is removed, dies, resigns, or unable to carry out the duties of President, the VP takes over his job. Congress may pass a law about what should happen if this happens to the President and VP.

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

The President will receive a salary. The salary cannot increase or decrease while they are in office. While President, he may not receive any other payments from the US or any state.

Before he enter on the execution of his office, he shall take the following oath or affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

The President must take an oath of office before taking office. It says, “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Section 2 – The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

The President is the Commander in Chief of the US Army and Navy, and of the state militias if they are called into federal service. The President is allowed to require the heads of executive departments to provide their opinion on any matter related to their department. The President can grant reprieves and pardons except in an impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President has the power, with the advice and agreement from the Senate, to make treaties. A treaty becomes approved when 2/3 of the present Senators agree to it. He will nominate, and the Senate will approve, ambassadors, ministers, Supreme Court Justices, and all other US officers whose appointments are not laid out here/established by law. Congress can pass a law to give the right to appoint lower ranking appointments to the President, the courts, or other heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

The President has the power to fill any vacancy that comes up while the Senate is in recess. These appointments are temporary and expire at the end of the next session.

Section 3 – He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

From time to time, the President shall give information about the state of the union to the Congress. He can recommend actions for them to take that he thinks would be beneficial. In extraordinary cases, the Prez can call Congress (both or one house) into session. If they disagree about when to adjourn, he can adjourn them until he thinks it’s proper for them to return. The President will receive ambassadors and other public ministers. The President is in charge of making sure our laws are faithfully executed and is responsible for the commission of all US officers.

Section 4 – The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

The President, Vice President, and all civil officers will be removed from office if they are impeached and convicted of treason, bribery, or other high crimes.

More to come soon!

US Constitution Article I, Part II

Are y’all excited for the long weekend? More important, are y’all excited to watch football all weekend? The games last night were both HORRIBLE and AMAZING, there’s nothing like college football!

Today we continue our journey through the Constitution and wrap up Article I.

Section 6 – 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.

Senators and Representatives are allowed to be paid for their work as elected officials out of the funds in the US Treasury. The amount they are paid is determined by passing a law. While working in Congress, or traveling to/from, they cannot be arrested except for felonies, treason, or committing violence that disturbs the peace. They cannot be sued or questioned in court for anything they say while on the floor.

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 encreased 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.

While serving as a rep or senator, you cannot be appointed to another federal office which was created (or its pay) during that same term. If you already hold a federal office, you cannot serve in Congress.

Section 7 – 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.

Bills that raise taxes (or revenue) must originate in the House. The Senate can agree on the original language or change the bill, just like any other bill.

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.

Once a bill passes the House and the Senate, it heads to the President. If the Prez signs it, it becomes a law. If he doesn’t approve of the bill, he can veto it and provide his reasoning. The bill goes back to the chamber where it originated. They record the happenings and his reasoning in their journal. They vote again. If the bill passes with 2/3 votes (a supermajority), it goes to the other chamber. If that chamber passes the bill with a supermajority vote, the bill overcomes the veto and becomes law. These votes must be recorded on the record in the journal. If the President does nothing when he first receives the bill for 10 days (not counting Sunday), the bill becomes a law UNLESS the Congress is adjourned and the bill cannot be returned. This is called a “pocket veto” where the Prez can avoid some headlines or drama, although that seems unlikely these days.

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.

All of the rules about bills apply to orders, resolutions, and votes that require approval from the other chamber except for a vote to adjourn.

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;

To borrow Money on the credit of the United States;

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

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

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

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

To establish Post Offices and post Roads;

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;

To constitute Tribunals inferior to the supreme Court;

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

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

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

To provide and maintain a Navy;

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

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

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;

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

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.

Congress has the power to: collect taxes to pay for the national debt and promote safety/the general welfare of the country (“general welfare” gets abused a bit today, eh?). This tax must be the same in each state. Congress has power to borrow money on behalf of the country, regulate international, intranational, and Indian trade, set rules for becoming a US citizen, create uniform bankruptcy laws, coin money and its value (along with international money), and establish standard weights and measures. Congress has the power to punish counterfeiters, create post offices and mail routes, and encourage invention and innovation through copyrights and patents. This is a weird one to me, mostly because I think copyrights and patents are dumb. “If you invented Facebook, you would have INVENTED Facebook” etc etc Probably got put in there by the lame-o anti-federalists. (Looked it up, it was Madison and Pinckney so I’m right (Madison changed parties later))

Congress has the power to establish lower courts under the Supreme Court. They have the power to define and punish piracy, sea crimes, and violations of any international law. Congress has the power to DECLARE WAR (not the Executive) and authorize private attacks. They can raise an army and navy, and the funds for those, and they can make the rules for running the Army and Navy. Congress has the power to call up the state-based militias to enforce federal laws, stop rebellions, and fight invasions. This is partly why you’ve seen the open borders mess being called an “invasion.” Make sense?

Congress has the power to organize, arm, and train the militia and control the parts called into federal service. They have the absolute power to create laws for the immediate area surrounding the national capital (10 square miles) and over any land the federal government buys. They’re responsible for creating the laws necessary to carry out these duties and any other duties created by the Constitution.

Section 9 – The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Congress cannot ban the migration or importation of people into any of the current states until 1808. Congress can impose a fine of up to $10 for every person who is imported.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

The ability to challenge unlawful detention through habeas corpus cannot be suspended except in cases of rebellion or invasion to protect public safety. Writ of Habeas Corpus means a person who is being imprisoned by the government or its official must deliver the person to court with a valid reason for their detention. If there is not a valid reason, the court can release that person. Basically, there have to be real charges before you imprison someone, not just a mild suspicion or a dislike of said person.

No Bill of Attainder or ex post facto Law shall be passed.

Congress cannot pass a bill to declare a person/group guilty without a trial or a law that makes an action illegal after it was committed/increases the penalty after the fact.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No direct federal tax can be imposed unless it is proportionate to the census. This was later modified to give us an income tax in the 16th amendment. BAD IDEA.

No Tax or Duty shall be laid on Articles exported from any State.

Congress cannot tax state exports.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

States cannot be shown preference in commercial or tax regulation. Ships going from one state to another cannot be forced to pay duties to another state.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

Money cannot be taken from the Treasury unless it is authorized by law. Public accounts of money raised/spent must be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

The United States will not have any nobles. No person holding a federal office (basically) can accept a gift, payment, office, or title from any foreign king/government without the consent of Congress.

Section 10 – No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

States cannot enter into any treaty, alliance, or confederation, authorize private citizens to attack foreign ships in wartime, coin money, issue their own paper money, make anything other than gold or silver the tender to repay debts, pass any law to punish a person without a trial/create a punishment after an act has been committed, pass any laws of obligation, or grant titles of nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No state can, without the consent of Congress, impose taxes or duties on imports and exports except those necessary for executing its inspection laws. Any net revenue from these taxes go to the US Treasury, and these state laws are eligible for review and control from Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

No state can, without the consent of Congress, impose any tax on the tonnage of ships, keep troops or warships in peacetime, enter into any agreement/compact with another state or country, or engage in war unless the state is invaded or in such danger that a delay waiting for Congress will lead to DOOM.

Whew. Article I is a doozy! I have a pocket constitution with definitions from Charlie Kirk. R.I.P. It’s almost been a year since he was murdered, but he’s still teaching plenty of people today. It’s fun looking through his definitions and notes as I write this.

Hope you learned a little something something!

US Constitution Article I, Part I

Technically the US Constitution is not 250 years old. But it feels fitting for America 250 for me to take some time to celebrate the greatest man-made government document of all time. People had very nice things to say about the Founding Fathers series, and I hope this one is just as fun and educational.

So, history of the Constitution. There was a big fight between the lame-o federalists and the baller anti-federalists in the early years of America. The federalists (mostly) did not see a need for a Bill of Rights and they advocated for the ratification of the Constitution without it. The anti-federalists were the opposite. The Constitution was mostly written by James Madison. It was signed in 1787 and went into effect in 1789. It has seven articles and 27 amendments. Get ready to go through all of them.

I may or may not have much commentary, but I think there’s still just so much good that comes from us READING the Constitution on a regular basis.

I think I will paste the original text, then add commentary, then text/commentary, etc. until the post is done. Article 1 has 10 sections so I have decided to break that into two posts. Ready? OKAY!

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.

Thanks to Schoolhouse Rock, most of us know/can sing the Preamble. It’s one of the most amazing things ever written. A group of people voluntarily (key word) decided to come together to have fairness, peace, safety, and the BLESSINGS of freedom for themselves and generations to come. The words to come are directions of how these lofty goals can be achieved.

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.

Simple enough. America will have a legislative branch made up of two groups of people – a senate and a house of representatives.

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 House of Reps will be made up of people elected every two years (like we have today), and they are to be elected by the voters in the state which they would represent a.k.a. their neighbors, friends, etc. The qualifications for voting are based on the voting requirements in each state when voting for their upper chamber (like their state senate or similar)

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.

To become a Congressman, you must be 25 and have been a US Citizen for at least 7 years. You also must be a resident of the state you wish to represent in office. Again, pretty simple, although the being a resident part seems to be hard for so many of the elected officials we have today who really just live in DC fulltime.

The framers were very detailed, weren’t they? Love it. Next!

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.

Representatives and specific federal taxes are to be divided up based on population. Indians do not count towards the population, and slaves count as three-fifths of one person. A census must be conducted within three years after the first Congress convenes, and every 10 years after that (like we have today). The Congress gets to decide how to conduct the census. These rules would later be changed, but we’ll get to that another day.

The ratio of representatives to state residents (based on this aforementioned formula) must not be greater than 1:30,000, but every state must have at least one representative. Until the census is done, New Hampshire gets 3 reps, MA gets 8, Rhode Island and its surrounding area get 1, CT gets 5, New York 6, New Jersey 4, 8 for PA, 1 for Delaware, 6 for Maryland, Virginia gets 10, North Carolina and South Carolina each get 5, and Georgia gets 3.

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

When a seat becomes open before an election, the Governor (or executive from that rep’s state) will schedule an election to fill the seat.

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

The reps get to elect their own Speaker of the House and any other officer. The House alone has the power to bring the charges of impeachment (not just of the President, but any public officer, elected or unelected)

Section 3 – 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.

The Senate will have two senators from each state, regardless of population. They will serve for six years and each senator’s vote carries an equal weight. The senators are chosen by the state legislature in each state. (This has also gone away, more on that later)

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.

Once the first Senate convenes, they will be broken into three groups. The first group will serve 2 years before reelection, the next will serve 4, and the final will serve 6. This way, 1/3 of the Senators (instead of all of them) are up for election every two years. I think this part is brilliant with great foresight. Imagine if all the Senators only had to campaign/be accountable once every six years. I don’t know that much would get done in the other five years. This way, Senators are always coming in and out. This brings in new ideas and continuous accountability.

If a vacancy arises while the state legislature is in recess, and cannot therefore appoint someone new, the Governor/state exec appoints someone temporarily until the state legislature reconvenes.

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.

You can’t be a senator unless you’re 30, must have been a US citizen for at least 9 years, and must live in the state you wish to 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 Vice President of the United States will preside over the Senate, but will only vote when there is a tie.

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.

The Senators will choose their own officers and a President pro tem, or someone to preside over the Senate when the VP isn’t there.

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.

The Senate holds any impeachment trial (after the House brings the charges). To sit for an impeachment trial, the Senators take a different oath than their regular oath of office. If the President is on trial, the Chief Justice will preside over the trial. For someone to be impeached, 2/3 of the senators must vote to impeach.

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.

Impeachment cannot go any further than removing the person from office and restricting them from holding elected office again. They don’t have to restrict them from holding office, but they can. This was why there was a rush to impeach Trump in 2021 – if the Senate would’ve convicted, they could’ve (could, not would) kept him out of office forever. Instead, they failed to convict, and he ran in 2024. The impeached person may still be tried in court; an impeachment is not a criminal judgement.

Section 4 – 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.

The state legislatures get to determine when/where/how elections are held. Congress can change this, but they cannot choose where state legislatures hold their votes for Senators which was usually in the state capitol.

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.

Congress must convene a new session each year on the first Monday in December unless they pass a law to pick a different day. (Date was later changed) The number of days they must meet is not determined in the Constitution. It’s kind of a slippery concept to me because I feel like they take too much time off now, but when they are in session, it’s almost always bad. Government has gotten so unbelievably humongous to where it’s just a huge mess for them to meet or not meet. Wild times we’re living in.

Section 5 – 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 (Senate and Representative) is responsible for judging the results of the elections of its own members including residency, age, and validity of the election results. To conduct business, each chamber must have a simple majority (a quorum) present. You can take role at various times (like different days) to establish a quorum (or not). Members may choose to be absent, and each chamber may compel members to return through any means they deem appropriate including enacting penalties.

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.

Each chamber can determine their own rules and punishments. If they have a 2/3 vote, they can remove a member from their ranks.

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.

Each chamber will keep a record (the Journal) of the regular proceedings, and it must be published. The only thing that should be omitted are matters of secrecy as determined by its members. The yes and no votes must be recorded in the journal if just 1/5 (20%) of the elected officials request that.

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.

While Congress is in session, neither chamber can adjourn for more than three days without the permission of the other chamber. They also cannot adjourn to any place that is not the place where both chambers are meeting without the permission of the other chamber. This is an interesting one. Now they take month-long recesses and weeks off at a time. They can do this because the other chamber gives them permission, and vice versa. I scratch your back, you scratch mine, etc. But they can also get around this with “pro forma” sessions where they “meet” every three days, but they don’t actually meet. It’s semantics. They have a pro forma session, and maybe one rep shows up. Nothing gets done, and they do it again three days later. It’s one annoying way to keep things off the books – an election opponent can’t say “My opponent voted to let Congress take month long breaks every month” because the vote doesn’t exist in a pro-forma session. The legislature is not “adjourned,” but they ain’t working. Make sense? Make you angry? Yea, same.

Well, there you have it. The first set of rules for the way our government works. More to come soon!