Yesterday night, Fareed Zakaria talked with Eliot Spitzer and Simon Schama about the U.S. Constitution, a topic that has stirred much discussion on the Global Public Square. Their key point was that our founding document is not monolithic - it requires constant interpretation and re-interpretation.
Here's an edited transcript of their conversation:
Eliot Spitzer: Rarely has Constitution been at the heart of our politics as much as it is today - from the Tea Party invoking it daily, to the claim that the Health Care Reform Act violates its mandates. But what the Constitution actually means is a question that stirs all Americans.
Here to put it into context are two of the smartest minds out there: Fareed Zakaria, host of Fareed Zakaria GPS and Columbia University historian and a newly minted contributor for Newsweek and The Daily Beast, Simon Schama.
Simon, let me start with you. Let’s go back to the days of Hamilton and Jefferson. What the Constitution meant in terms of government power was at the vortex of their debate. Tell us about it.
Simon Schama: The miracle is that Hamilton and Jefferson ever collaborated enough to craft the Federalist Papers. Both of them - and it's a lesson for us - were prepared to sink their fundamental differences about what American government was to get the Constitution ratified.
The issue that is the hot button issue for us now is actually in the best tradition of American politics. It is whether or not to take a relatively expansive view of what government should do. Is government only entitled to do those things, which were enumerated in the late 18th century?
Spitzer: Fareed what would happen to this nation if Alexander Hamilton's vision hadn't won?
Fareed Zakaria: Well, it's impossible to imagine, right?
The Constitution was written by men in wigs, some of whom owned slaves, in a country that numbered 4 million. They did not know of the existence of the cotton gin, let alone manufacturing. They did not know of an army, navy and air force of the kind we have today, let alone all of modern technology.
Alexander Hamilton envisioned a modern, great industrial superpower. Thomas Jefferson's vision was essentially agricultural.
The founders all fought and disagreed, often vehemently, but there was one thing they were all very impressed by, and that was the classical Republican virtues.
The Constitution was written because the Articles of Confederation produced a central government that was too weak. They were worried about the fact there was no space for civic virtue, for public virtue, and for the proper handling of government debt. So that was why they brought together a stronger government and talked a great deal about civic virtue - about Republican virtue.
In other words, they were not so hard on individualism. They were more concerned about the common good.
But the most important thing they did was to write a short document. The reason the Constitution has endured and so many other constitutions haven't, is because it is short, which means that we fill it in with practice and historical experience.
It is a version of an English Constitution. People often point out famously that Britain has no constitution. Well, they have an accumulated set of practices. In that sense, the genius of the U.S. Constitution was they understood not to overdo it.
Spitzer: OK. So, let me jump then to a question which is at the heart of so much of this debate - the word originalism. People say we must interpret the Constitution as it was understood by those who drafted it. Does that make sense? And then, more suddenly, how do those who drafted it understand our ability - and you maybe just answered this - to add interpretations based upon new dynamics, new facts and new situations?
Schama: Well, originalism cannot possibly be a monolithic concept. As Fareed said, and I think the three of us agree, the glory of that founding was the intensity of its dispute. Disputes were never allowed to be so ferocious that they called, as some do in contemporary political sphere, for a virtual obliteration of the other party.
Madison and Hamilton did not demonize each other and say, "I'm the real American. You are a some form of, you know, crummy European traitor." They could have done it to Hamilton, who was an unapologetic admirer of the British state.
What Hamilton wanted to do was improve the British state and make it free. The British state was a monied, corrupt oligarchy. And Hamilton rebelled against that.
But he wanted to take the practical wisdom as a relationship between power, finance and political justice and make it better.
Spitzer: But bring that back to just the interpretation of the document itself, since that is –
Schama: The Founding Fathers in all their disputes and disagreements were children of the Enlightenment. And the essence of the Enlightenment was to understand how to think about power and government. It was in their intellectual DNA to feel things would move on again.
Their generosity was to sort of organically provide for the Constitution to flower and bloom and change and mutate as circumstances changed.
Spitzer: Do we see that in the writings of time so we can say, "Wait a minute, the Founders themselves understood that the wooden interpretation of the words just on the page themselves would not deal with the crises we would have to deal with?"
Zakaria: I think what you can say is, for example, with Jefferson's views on slavery, clearly he felt this was a reckoning that had to come. And many people at the time recognized that there were major issues that were unfinished.
The nation was just being founded. The United States is unusual that we became a state before we became a nation. And most countries - the German's, the French, the Italians - they were nations in a sense of blood and soil long before they became states.
In America, you first created a state. You first created a founding document, and then you got about creating Americans.
And so, nobody really knew how it would play out. I think there was a sense of uncertainty. And everyone accepted that. The idea that this was going to be some kind of biblical document is nowhere in the Founders’ conceptions.
What's striking about the Constitution, by the way, is at the time to have written such a relentlessly secular document - there's not a word about religion at a time when everything was about religion.
Spitzer: So, the Tea Party's invocation of the Constitution - is it historical? Does it misinterpret at its essence what this Constitution has been for the entirety of our nation's history?
Zakaria: Well, I think that they are right to recognize that America is unique and it has, at its core, not a blood and soil nationalism, but a document - a document about political ideas. And we should cherish them and we should debate them. But where they're wrong is in thinking it points in one simple monolithic direction.
It really is a brief document that allows you to fill in the blanks over the last 222 years, filled with disagreements from the Founding Fathers onwards. And so the idea that you can magically say the Constitution says this is flawed. People keep saying, "Well, what would Madison have said about modern drug policy in Washington?" Who knows? The world the Founders knew was so different.
So of course you have to modernize the Constitution and interpret it.
For example, I don't think Americans think about the fact that the Constitution has also left us with some very peculiar situations. We think we're the most democratic country in the world, right? But we have an upper House now, the Senate, which is probably the most undemocratic and unrepresentative upper House in the world.
Spitzer: Because of the allocations: Each state gets two votes regardless of how many people they have - 36 million people in California, half a million in Wyoming.
Zakaria: Right. So if I were to say to you that people who own property should have 72 votes for every one vote that people who don't, you'd say that's crazy. But people in Wyoming have 72 votes for every vote that California has. It's in complete violation of one man, one vote.
Spitzer: Well, let me end this fascinating conversation by observing the debate about the Constitution and education about the Constitution that we all need is precisely what, I hope, folks get by listening to you. I hope people better understand the historical roots of what is a much more subtle, organic document than the wooden, monolithic and linear document we hear about so often. I hope we get that.
 |
Post by: |
© 2011 Cable News Network. Turner Broadcasting System, Inc. All Rights Reserved.
| Advertising practices | Advertise with us | About us | Contact us | Work for us | Help
Fareed, the Founders rarely if ever wore wigs. Look at their paintings. On special occasions they powdered their hair, but many of their portraits show them without wigs and even without powdered hair. There is one portrait of Jefferson in a wig, but he was at the French court when it was painted.
Also, and more importantly, not all the Framers and Signers owned slaves. The Virginians did, certainly, but Lincoln, in his Cooper Union address, called Alexander Hamilton, his friend Gouvernor Morris, and Benjamin Franklin "the leading anti-slavery men of the day." Hamilton did not own slaves, and Franklin had given up the practice before the Consitutional Convention.
"Jefferson's views on slavery, clearly he felt this was a reckoning that had to come."
Aristotle saw in slavery an essential asset for the common good, as their labour generated income for the municipality. Also John Locke, an important and influential thinker in the eyes of the framers treated slavery as an indispensible evil for commerce and trade, although Locke advocated relentlessly for the equality of men.
"What's striking about the Constitution, by the way, is at the time to have written such a relentlessly secular document – there's not a word about religion at a time when everything was about religion."
The first settlers fled Europe out of political and religious reasons and America became their refuge for free beliefs and way of life. The framers knew that religious issues could once more divide the people, therefore they left religion out of the constitution.
Aristotle argued that slavery was morally legitimate only when the person enslaved was made better off by being enslaved. On this view, some people have less ability to reason & communicate effectively. These folks are primarily made for physical labor. So, people with much less in the way of intellect are better off living in a cultured society that is characterized by a natural hierarchy ranking people in terms of ability to reason & communicate. Slaves, in turn, free those who are more gifted intellectually to develop the arts & sciences by performing the necessary drudgery, thereby improving everyone's lot in life.
Locke argued for slavery in moral terms. For Locke there is only one justification for slavery, and that is enslaving those who are aggressors. On Locke's social contract theory, if one person or group of people (say an invading army) initiates violence against another person(s), then the victim can take the life of the aggressor or the victim can rightfully enslave the aggressor. On Locke's view, the slave has forfeited his rights by his own morally bankrupt decision to attempt to violate the rights of others.
"What's striking about the Constitution, by the way, is at the time to have written such a relentlessly secular document – there's not a word about religion at a time when everything was about religion." This is a very misleading statement. The Founders' main sources referred to in their writings were religiously based, and the religion was Protestant Christianity. The most frequently cited sources by the Founders were 1. The Bible 2. Montesquieu 3. Blackstone 4. John Locke. Besides the Bible itself, all of these writers relied heavily on a Christian understanding of the world. Locke's Christianity is central to understanding his political philosophy. See Donald S. Lutz, "The Relative Importance of European Writers on Late Eighteenth Century American Political Thought," American Political Science Review 189 (1984), 189-97. On Locke's Christianity, see his own *Second Treatise on Civil Government* that relies heavily on Christian doctrine. Also see *The Mind of John Locke: A Study of Political Theory in Its Intellectual Setting*
By Ian Harris.
The U.S. Constitution draws heavily from colonial and state constitutions that were rooted in Christian doctrine. These documents can be read online. The religious influence is obvious. For the theological & philosophical grounding of these documents see "From Covenant to Constitution in American Political Thought" by Donald S. Lutz of the University of Houston, *Publius,* Vol. 10, No. 4, Covenant, Polity, and Constitutionalism (Autumn, 1980), pp.
101-133.
So, now let's get to the main point in this very one-sided discussion featuring Mr. Zakaria. It can be summarized in the following comments by him: "But where they [Tea Party originalists] [a]re wrong is in thinking it [the Constitution] points in one simple monolithic direction." Well, but it does. As I noted above, the political philosophy & the metaphysics that the Founders worked from was very specific. Any other political philosophy is incompatible with the basic principles of America. Our governing philosophy also came from a specific people & cultural tradition, viz. Anglo-Saxon. The claim of the Founders is that fundamental principles identified by Lockean political philosophy are universal. Edmund Burke, also working from a Lockean perspective, observed just after our founding that while these principles are universal they are embodied in different traditions to suit different peoples in various locales as each culture uniquely unfolds. There is balance between the universal & the particular.
This balance comes out in the issue of slavery for example. Both Aristotle & Locke recognized the equal moral worth of each person as they sought to account for inequality of station necessary for a cultured society. Exactly how these conflicting moral & practical demands were to be worked out varied in different times & cultures. Even among the Founders, they disagreed over slavery & other issues, but from within the same political & religious paradigm. But notice the contradictory position of Mr. Zakaria—there are no universal moral & political principles, but slavery is always wrong & one man-one vote is always right. Or perhaps he is saying that these principles only emerged after we discarded the flawed philosophy of the Founders even if the Founders’ views were improvements for their time. But even if one takes a progressive historicist view, why is inclusive equality of condition better than the Founders’ more formalistic understanding of equality that underpins their focus on liberty? We still have one narrow political philosophy with its own metaphysics in opposition to another, viz. the Founders’ Lockean Christian philosophy versus the naturalistic state-enforced egalitarianism of the contemporary liberal left. The Constitution is clearly based in the former and is logically inconsistent with the latter. If Mr. Zakaria, Prof. Schama, & Gov. Spitzer want another political regime, then they need to be honest as they attempt to convince 2/3 of Congress & ¾ of the state legislatures of the superiority of their vision.
Some of the comments here a re truly fascinating but I need some clarification: We seem to be stuck on two questions:
1) Was Christianity, with its values and beliefs, an influence on the founding Father's writing the Constitution?
2) If so do must we follow those values and beliefs? If not do we ignore those values and beliefs?
If Chris Graves reads these, your post was fascinating but I need more evidence. You keep referring to these "universal principles" of Locke, can you name them? Can you point out a source that will go into more depth on them individually and specifically how they are found in other cultures?
I have taught the Constitution, read and studied it, I know something of the founding fathers and their beliefs. I know for instance that Jefferson was able to justify slavery on many grounds, as were Plato, Socrates, Locke etc. I also know that there were many anti-slavery advocates among the Founding Fathers. However what I fail to realize is how there is "one monolithic direction" among within the Constitution? what defines monolithic? The very name, I believe, seems contradictory to the nature of the document, one may go so far as to call it an oxymoron. The Constitution as a document is merely meant to set up the framework for the national government and a model for state governments. It goes guarantee a Republican form of government, (Republican meaning government of representatives.) The democratic principles of electing our Representatives, it seems to me have evolved considerably over the past 222 years. The very nature of whom, how, why we elect our representatives has changed – and the Constitution has changed with it.
It took nearly 4 years, 1787 – 1791, to adopt the Constitution. Great, furious debates raged across the country, and yet had not the American leaders, but the American People themselves come to a consensus this document, and its various forms would not have come into existence. Indeed Mr. Spitzer is right that in the very act of establishing this constitution was laid the foundation for all American debates, and matters of government there after – the Great American Conversation, so to speak. In each subsequent generation, in each period of time our forefathers built into the constitution a device which allowed the document to change to fit the needs of the people, not the other way around. An organic document evolves over time, and certainly the people's interpretation of it is as numerous as the people themselves. Yet to say that there is one monolithic direction is a contradiction in terms, what is this direction and how, if it is, influenced by Christianity? What principles of Christianity, what traditions or values, what evidence is there in the US Constitution?
The best example of ideals, values, traditions, in terms of American culture are not found in the Constitution per se, but in documents like the Declaration of Independence, or better in the long history of the American People. We certainly have beliefs in self-rule and self-determination; freedoms of speech, religion and the like; rights to privacy and due process, but exactly how are any of these influenced by Protestant Christianity or Christianity in general? What values in these sects and religions influence founding documents like the Declaration of Independence and Constitution? More importantly specifically how and in what ways were the Founding Father's influenced by their Christian beliefs? Give an example of how a the Declaration of Independence for instance was influenced by Madison's Christian beliefs?
I certainly know enough of history to know that the religious beliefs of the Founding Fathers were as numerous and contradictory as their political beliefs. It strikes me as odd this is in any way "monolithic." Yet to try and put modern issues into a document, who framers were of a different time and place, is to do the documents and the American People themselves an injustice. It is to say that the documents, perhaps in an "Originalist" interpretation, are as good as they were ever going to get. Whatever principles "originalists" believe are in the document are either absent from the discussion or too irrelevant for anyone to have simply mentioned.
What "originalist" interpretation of the Constitution could ever allow for women to hold public office or vote, or end slavery, or allow for a Muslim representative? What "originalist" interpretation would have allowed for child-labor in one era and then taken it away the next, or prohibition one decade and not the next? What "originalist" interpretation would have allowed a half white half black man, whose father was born in another country to become president, or for one man to win reelection without the popular vote, or for corporations to subsume the rights of individuals and be given equality with the American people themselves.
Who is to say what is "originalist" and what not? Here at last lies the heart of the debate – that it is a debate. The great secret and evolution in the American Republic is the same thing which makes us unique among the world, institutionalized debate and a Constitution which supports it. The only "Lockean Universal Principles" I can see are two: Debate and consensus building. Debate is at the very core of being human, some anthropologists today believe that the process of argument developed cognitive and emotional abilities which help form modern man. So it is truly natural to think, act and speak in a consensus building manner. In the great picture of our species it is to say our government is an evolution in the way human beings organize themselves. The consensus building, power sharing, power limited, bureaucracy that is the American Government embodied in documents like the Constitution is an evolution in the human being.
In another sense the Constitution is a document which tells a story about the American people, one of origin and one of destination. We originated from a people who were Anglo-Saxon, Protestant Christians who lived in an incredibly segregated society, yet who were also diverse and tolerant to some degree of differences. We have become an incredibly more diverse people, more advanced technologically, increased numerically, and have taken innumerable pains to desegregate our society, and become more egalitarian. We are nonetheless flawed and nonetheless human than our progenitors. We are different, but it is uniquely American to cherish differences and celebrate them as a strength. We are also a people who have inherited and continue to improve upon ideas, traditions if you will, of freedom. Where we are destined to go is, has and forever will be up to us – the American People. We do not come from one "monolithic" direction, we have as the saying goes E Pluribus Unum, many into one.
David, thanks for your thought-provoking reply to my comments. I do not have time right now to respond to each point you make. I shall try to do so within the next couple of days.
RE: ("E Pluribus Unum", many into one.)
The current scenario in Washington is similar to that of a Man and Wife bickering over how their pooled income is to be spent on PayDay. For the purpose of this illustration, the Republican (Tea) party is 'man' and the Deomcrats are 'wife'... Neither side seems to be giving much thought to "How to make ends meet"...
Revenue is at the nexus of the debate. The wife wants the man to take on a second job and the man wants the wife to come up with her own income. There are children involved ("We the People").
Even with an agreement on how to proceed with one paycheck, there is still excess spending on both sides and not enough Allowance left for the children, so the Ends will not Meet.
The "kids" have a solution, which is to pool their own allowance Savings and Contribute to the Family.
By nature, the better "savers" have more to contribute than the ones who cannot / will not save any of their allowances (Wealthy / Poor) [REMEMBER that you cannot Divide By Zero!]
...
David, I have tried posting a fairly detailed reply to your last post. It won't go up, no matter how I try to break it into parts. I did touch on one of your questions about Christianity and our Founding philosophy below in reply to your and other commentators' posts.
These CNN blogs are horrible at consistently allowing substantive posts. About half of my posts on here never make it. I shall try again in various ways. But I think if you look at the original sources and commentators, you will see that the Founders worked from a classically liberal political philosophy that is radically inconsistent with contemporary leftist philosophies. They all also assumed a Christian metaphysics even if they differed on fine points of theology.
Give California to Britain. They're not concerned that they're broke. They're worried about papparazi taking pictures of William and kate.
If you'll take Tony Blair, it's a deal. And California will get a decent rail system too.
I like the fact that the Senate is not purely "democratic". I mean pure democracy is kind of scary to me. I think every person should have a voice in government, but I really don't want mass public opinion making policy. One of my favorite quotes, and I forget who said it, is "democracy is three wolves and two sheep voting on what to have for dinner" or something like that.
I also think of a poster my physics teacher had back in high school, "what is popular is not always right, what is right is not always popular". In fact, I think in some ways our elected officials are too much influenced by public opinion. Sometimes they have to do things that the public doesn't like because it needs to be done, but they are too scared of a backlash from voters to actually do it. Although, that may be more a weakness of our elected officials than a weakness of our system.
Isnt another name for pure democracy "mob rule"?
Î am concerned that this truthful conversation was the reason Elliot Spite's show got canceled.
B4 this thread devolves into a mindless rant, I urge each and every reader to examine the previous thread located at:
http://globalpublicsquare.blogs.cnn.com/2011/06/27/fareed-zakaria-and-jeffrey-toobin-on-updating-the-u-s-constitution/
During the course of this Historic day, I hope to have a WORKING draft of "United States Constitution 2.0" ready to post...
Copied word-for-word from (http://www.usconstitution.net/const.html) below...:
Contents
•Preamble
•Article 1 – The Legislative Branch
◦Section 1 – The Legislature
◦Section 2 – The House
◦Section 3 – The Senate
◦Section 4 – Elections, Meetings
◦Section 5 – Membership, Rules, Journals, Adjournment
◦Section 6 – Compensation
◦Section 7 – Revenue Bills, Legislative Process, Presidential Veto
◦Section 8 – Powers of Congress
◦Section 9 – Limits on Congress
◦Section 10 – Powers Prohibited of States
•Article 2 – The Executive Branch
◦Section 1 – The President
◦Section 2 – Civilian Power over Military, Cabinet, Pardon Power, Appointments
◦Section 3 – State of the Union, Convening Congress
◦Section 4 – Disqualification
•Article 3 – The Judicial Branch
◦Section 1 – Judicial Powers
◦Section 2 – Trial by Jury, Original Jurisdiction, Jury Trials
◦Section 3 – Treason
•Article 4 – The States
◦Section 1 – Each State to Honor All Others
◦Section 2 – State Citizens, Extradition
◦Section 3 – New States
◦Section 4 – Republican Government
•Article 5 – Amendment
•Article 6 – Debts, Supremacy, Oaths
•Article 7 – Ratification
•Signatories
•Amendments
◦Amendment 1 – Freedom of Religion, Press, Expression
◦Amendment 2 – Right to Bear Arms
◦Amendment 3 – Quartering of Soldiers
◦Amendment 4 – Search and Seizure
◦Amendment 5 – Trial and Punishment, Compensation for Takings
◦Amendment 6 – Right to Speedy Trial, Confrontation of Witnesses
◦Amendment 7 – Trial by Jury in Civil Cases
◦Amendment 8 – Cruel and Unusual Punishment
◦Amendment 9 – Construction of Constitution
◦Amendment 10 – Powers of the States and People
◦Amendment 11 – Judicial Limits
◦Amendment 12 – Choosing the President, Vice President
◦Amendment 13 – Slavery Abolished
◦Amendment 14 – Citizenship Rights
◦Amendment 15 – Race No Bar to Vote
◦Amendment 16 – Status of Income Tax Clarified
◦Amendment 17 – Senators Elected by Popular Vote
◦Amendment 18 – Liquor Abolished
◦Amendment 19 – Women's Suffrage
◦Amendment 20 – Presidential, Congressional Terms
◦Amendment 21 – Amendment 18 Repealed
◦Amendment 22 – Presidential Term Limits
◦Amendment 23 – Presidential Vote for District of Columbia
◦Amendment 24 – Poll Taxes Barred
◦Amendment 25 – Presidential Disability and Succession
◦Amendment 26 – Voting Age Set to 18 Years
◦Amendment 27 – Limiting Changes to Congressional Pay
--------––
The Constitution of the United States
Preamble Note
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.
--------––
Article I – The Legislative Branch Note
Section 1 – The Legislature
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2 – The House
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
(Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.) (The previous sentence in parentheses was modified by the 14th Amendment, section 2.) The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to 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.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3 – The Senate
The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding words in parentheses superseded by 17th Amendment, section 1.) for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; (and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.) (The preceding words in parentheses were superseded by the 17th Amendment, section 2.)
No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall 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 Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4 – Elections, Meetings
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall (be on the first Monday in December,) (The preceding words in parentheses were superseded by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day.
Section 5 – Membership, Rules, Journals, Adjournment
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6 – Compensation
(The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) (The preceding words in parentheses were modified by the 27th Amendment.) They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7 – Revenue Bills, Legislative Process, Presidential Veto
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8 – Powers of Congress
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 an 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 Offenses 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.
Section 9 – Limits on Congress
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.
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.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
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.
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.
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.
Section 10 – Powers prohibited of States
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.
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 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.
--------––
Article II – The Executive Branch Note
Section 1 – The President Note1 Note2
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:
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.
(The Electors shall meet in their respective States, and vote by Ballot for two persons, of whom one at least shall not lie 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 chuse 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 chuse the President. But in chusing 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 chuse from them by Ballot the Vice-President.) (This clause in parentheses was superseded by the 12th Amendment.)
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
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.
(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.) (This clause in parentheses has been modified by the 20th and 25th Amendments.)
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.
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."
Section 2 – Civilian Power over Military, Cabinet, Pardon Power, Appointments
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.
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 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.
Section 3 – State of the Union, Convening Congress
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.
Section 4 – Disqualification
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.
--------––
Article III – The Judicial Branch Note
Section 1 – Judicial powers
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Section 2 – Trial by Jury, Original Jurisdiction, Jury Trials
(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.) (This section in parentheses is modified by the 11th Amendment.)
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.
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.
Section 3 – Treason Note
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
--------––
Article IV – The States
Section 1 – Each State to Honor all others
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section 2 – State citizens, Extradition
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
(No Person held to Service or Labour 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 Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be due.) (This clause in parentheses is superseded by the 13th Amendment.)
Section 3 – New States
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4 – Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
--------––
Article V – Amendment Note1 – Note2 – Note3
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
--------––
Article VI – Debts, Supremacy, Oaths
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
--------––
Article VII – Ratification Documents
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
--------––
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names. Note
Go Washington – President and deputy from Virginia
New Hampshire – John Langdon, Nicholas Gilman
Massachusetts – Nathaniel Gorham, Rufus King
Connecticut – Wm Saml Johnson, Roger Sherman
New York – Alexander Hamilton
New Jersey – Wil Livingston, David Brearley, Wm Paterson, Jona. Dayton
Pensylvania – B Franklin, Thomas Mifflin, Robt Morris, Geo. Clymer, Thos FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris
Delaware – Geo. Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco. Broom
Maryland – James McHenry, Dan of St Tho Jenifer, Danl Carroll
Virginia – John Blair, James Madison Jr.
North Carolina – Wm Blount, Richd Dobbs Spaight, Hu Williamson
South Carolina – J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler
Georgia – William Few, Abr Baldwin
Attest: William Jackson, Secretary
--------––
The Amendments Note
The following are the Amendments to the Constitution. The first ten Amendments collectively are commonly known as the Bill of Rights. History
--------––
Amendment 1 – Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
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.
--------––
Amendment 2 – Right to Bear Arms. Ratified 12/15/1791. Note
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
--------––
Amendment 3 – Quartering of Soldiers. Ratified 12/15/1791. Note
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
--------––
Amendment 4 – Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
--------––
Amendment 5 – Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
--------––
Amendment 6 – Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
--------––
Amendment 7 – Trial by Jury in Civil Cases. Ratified 12/15/1791.
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.
--------––
Amendment 8 – Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
--------––
Amendment 9 – Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
--------––
Amendment 10 – Powers of the States and People. Ratified 12/15/1791. Note
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
--------––
Amendment 11 – Judicial Limits. Ratified 2/7/1795. Note History
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
--------––
Amendment 12 – Choosing the President, Vice-President. Ratified 6/15/1804. Note History The Electoral College
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
--------––
Amendment 13 – Slavery Abolished. Ratified 12/6/1865. History
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.
2. Congress shall have power to enforce this article by appropriate legislation.
--------––
Amendment 14 – Citizenship Rights. Ratified 7/9/1868. Note History
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.
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.
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.
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.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
--------––
Amendment 15 – Race No Bar to Vote. Ratified 2/3/1870. History
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.
2. The Congress shall have power to enforce this article by appropriate legislation.
--------––
Amendment 16 – Status of Income Tax Clarified. Ratified 2/3/1913. Note History
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
--------––
Amendment 17 – Senators Elected by Popular Vote. Ratified 4/8/1913. History
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
--------––
Amendment 18 – Liquor Abolished. Ratified 1/16/1919. Repealed by Amendment 21, 12/5/1933. History
1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
--------––
Amendment 19 – Women's Suffrage. Ratified 8/18/1920. History
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
--------––
Amendment 20 – Presidential, Congressional Terms. Ratified 1/23/1933. History
1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
--------––
Amendment 21 – Amendment 18 Repealed. Ratified 12/5/1933. History
1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
--------––
Amendment 22 – Presidential Term Limits. Ratified 2/27/1951. History
1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
--------––
Amendment 23 – Presidential Vote for District of Columbia. Ratified 3/29/1961. History
1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
2. The Congress shall have power to enforce this article by appropriate legislation.
--------––
Amendment 24 – Poll Tax Barred. Ratified 1/23/1964. History
1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
2. The Congress shall have power to enforce this article by appropriate legislation.
--------––
Amendment 25 – Presidential Disability and Succession. Ratified 2/10/1967. Note History
1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
--------––
Amendment 26 – Voting Age Set to 18 Years. Ratified 7/1/1971. History
1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
2. The Congress shall have power to enforce this article by appropriate legislation.
--------––
Amendment 27 – Limiting Changes to Congressional Pay. Ratified 5/7/1992. History
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
-------------------------------------------------
UNMODIFIED SOURCE FILE!
[ 5x5 (360*360)]
.../..\...GENERAL_STATEMENT_
this-pass-through-is the most logical place to summarize my own idealized version of USA 2.0...
.
FOUR branches of FEDERAL Government:
1. "WE_THE_PEOPLE" among ALL PARTICIPATING States AND Territories!
2. Legislative Branch consisting of existing House AND Senate.
3. Judicial Branch (by_AND_LargeLY_INTACT_with some minor debugging..._)
4. EXECUTIVE Branch (modified beginning with the year 2020 election cycle)
(preserving a _debugged_ELECTORAL_COLLEGE)
ENTIRE_Administration_(PRES,1stLady,Cabinet_Leaders,etc...)_is_voted_upon_once
_every_ten_years_with_explicitly_stated_objectives_progressing_through_periods_of_BOTH
"PeaceTime" AND "Times of War" as set forth for a_MINIMUM_of_ONE_HUNDRED_Years of progress
(as opposed to reversion)_DURING_EACH_ANNUAL_REVIEW_CYCLE_!_
(!FITtoPRINT!)
It seems to me that if the Constitution does not mean something concrete, then it doesn't really mean anything at all. If the Constitution is so flexible as to need constant interpretation and re-interpretation, then it is, in fact, the courts in this country that are writing the newest version of our Constitution on a daily basis, and if the man thinks that the Senate is undemocratic, then how much less democratic is it for an unelected oligarchy of men and women in black robes serving life-long terms to dictate to us what our founding documents mean?
The Constitution isn't written (entirely) in Latin or Esperanto or Classical Arabic or some other language that requires nuance or guess work to render it into English. It's written in plain English, and it states plainly what it is that the Federal government can do. If the Constitution doesn't say the Federal government can do it, no amount of "interpretation" can magick a power or an authority unto Congress or the President or the courts. If the Federal government can interpret itself new powers, then what, if anything, can restrain it from instituting the most insidious of tyrannies?
WORD!!!
Once again, does the House of Representatives mean anything to you, Mr. Zakaria? The Constitution was created to have a compromise between the states and the population. The claim that the Senate is undemocratic is absurd and baseless. We have a House of Representatives for a reason: it is the lower house that not only serves as a check on the upper house but is proportioned by population. California's millions have their say in the House; however, the Senate is the upper house, the dominant house. Each state has two senators so that each state has equal representation. Without that stipulation, our federal government becomes irrelevant. The Founding Fathers intended the States to check the central government. They intended a United States of America, not the United States of America. With the increased role of the federal government, this view has become modernized; nevertheless, amending the Senate would destroy this compromise and eradicate this critical check on the central government.
The 17th Amendment has already destroyed that check.
Exactly. The argument therefore that the Senate is undemocratic is even more ridiculous because of it. Senators were elected by the State legislatures–now that they're elected by popular vote, the very basis of a democracy, how can Mr. Zakaria argue that the body is undemocratic? Additionally, the House of Representatives has checks in place on the Senate, and adjusting the representation in the Senate would effectively create another House, subject more to the whims of an impulsive electorate. The federal government has grown in size and in power since 1788, and while such change is necessary to adapt to an evolving world, the whole principle of federalism remains powerful and critical to the United States as a whole.
[PROPOSED AMENDMENT 28 (Comprehensive Overhaul)][PROPOSED AMENDMENT 28 (Comprehensive Overhaul)]
The Constitution of the United States: A Transcription (M0DifIED here IN POST!)
EDITOR'S_Note: The following text is a TranSCription of the Constitution in its (M0StLY!) original form.
~
--------––PREAMBLE:
WE THE PE0PLE of the United States of America, In Order To Form A M0RE Perfect Union, Re-Establish JUSTICE, eNsure D0MeSTic AND F0REIGN TranQuILIty, Provide for the Common Defence, Promote the general Welfare, AND SeCure the Ble$$ings_0F_LiberTY__TO__OurSelves__AND__ALL_Posterity, Do hereby [attempt to PROGRESSIVELY] Ordain AND eStabliSh THIS Constitution for the United States of America. (1.500123456789012345678901234567890123456789001)
~
--------––ARTICLE I
•Article 1 – The Legislative Branch•
Secti0N. 1.
ALL_TRADITIONAL_Legislative Powers herein Granted Shall be vested in a Congress of the United States, which shall consist of:
I. (BRANCH TWO) THE eXiSting Senate and House of Representatives, AND
II. (BRANCH ONE) WE_THE_PEOPLE (among all Participating Democratic Spectra...)
~~#
Secti0N. 2.
The House of Representatives shall be COMpoSed of Members chosen every (_FIFTH_) Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of State of Origin.
~~~*~~~
(EACH) Representative; shall; have attained; the Age of twenty five Years, and (MUST_be_at_least_TEN_) Years a Citizen of the United States, AND who (MUST), 'when elected', be an Inhabitant of that State (FROM) which he (_OR_SHE_Has_Been_) Chosen.
~~#
Representatives_AND_Direct_Taxes shall be apportioned among ALL States within this Union, according to their respective Numbers, which shall be determined by adding to the _WHOLE_Number_of@!@!==??
I. ALL_PARTICIPATING_STATES__AND__F0REIGN_PARTICIPATING_TERRITORIES...[HIGHEST_TAX_BRACKETS]
II. Those persons currently experiencing the most profound monetary problems thusly bound to predominant economic conditions._..._WIP!@@##$#!~~(360×360)...[LOWEST_TAX_BRACKETS]
III. EXCLUDING__[(th0se_B0unD_T0_Service_FOR_a_Term_of_Years)],__AND__[(Native_Populations_NOT_Taxed.).
~!#~
PRECISELY_ONE_fFfifth_of_ALL_Persons "as Described ABOVE".
The actual Enumeration (AND "equational rebalancing") shall be made [ANNUALLY] (), AND within every subsequent Term of ten Years, in such Manner as [THUSLY_STATED]. The Number of Representatives shall not exceed one for every_TWELVE_Thousand, but each State shall have at Least one Representative;(cutcutcut);ee.[EeE==eEe]=G00D
–WIP@!#$!!#note0:uALLdoTHEmathHERE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
When vacancies happen in the Representation from any State, the_LEGISLATIVE_Authority thereof shall issue Writs of Election to fill such Vacancies.
~~~#~~~
The House of Representatives shall ch00$e their Speaker and other Officers; and shall have the sole Power of the_[INITIAL]_Impeachment_[PROCESS].
[#$@TRAPOUTbogeyLAMEduckQUACQUAK@@$#] == HOUSE, SENATE, THEN_DIRECT_VOTE! (no EC here)!
~#~Section. 3.~.~
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for_EIGHT_Years_ONLY; and each Senator shall have one Vote.
~!@:
IMMediatEly after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three_ACTIVE_Classes_WITH_one_'NEW'_additional_class_OBSERVING_(PERMANENT!SESSION). 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 [4pr02call] Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
~[section (3) above needs some minor rewording for excellent workflow throughput]~
EACH Senator shall have attained the Age of THIRTY Years AND must be at least TWENTY Years a US_Citizen; AND_ALSO a Permanent_Resident of his/her State of Origin.(cutcutcut)
~$~...
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
~
The Senate shall CHuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he/she shall exercise the Office of President of the United States.!.
~~DURING the Process of IMPEACHMENT, AFTER Successful Initiation within the House Of Representatives, the SENATE shall have the SOLE power of determining the appropriate CourseS of Action to Present to the American Public.~~
~~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_FOUR_FIFTHS_of the Members present.NO_EXCEPTIONS_DUE_TO_intentional_sabotage_WILLbeTOLERATEDunderANYcircumstance!!!!!!~~
~!@#$%^&*(#OVERRIDE!SENATE!WITHIN!IMPEACHMENT!PROCESSandELECTIONcycles#)
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
~#$$#~Section. 4.~
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_XOR?-or_pay_raises!!.#
~#$#~
The Congress shall assemble at least (eleven months out of) every Year, and such Meeting shall be on the first Monday in (JANUARY), unless they shall by Law appoint a different Day.
~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 may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
~~[BRANCH4pr02call:__EXCLUSION_OF_REPEAT_OR_EXCEPTIONALLY_HEINOUS_FELONS]
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
~[notYETfit2PRINT!]:(FTTTW)
SectI0n. 6.~
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law_AS_DEEMED_MINIMALLY_NECESSARY_TO_PROVIDE_ADEQUATELY_FUNCTIONAL_SERVICE_, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
~!@
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been 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.
~@!
SectI0n. 7.~TAXATION~PROCESS~?
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
~@!#
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
~!@#
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
~[SUBSECTION4pr02call]
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 an 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)~[1kM]~(CUBED))]]]] 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;~;[_INCLUDING_LUNAR_MILITARY_BASE_LOCATED_ON_ITS_FAR_SIDE_!_];[AND__PERMANENT_Terraforming_Colony_LOCATED_on_MARS_!_];–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.
~
Section. 9.00?~(0000000I:R-01)
~
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.
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.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
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.
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.
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.
~
Section. 10.0000~01~(360×360)~[P/F::==meets/exceeds\stated\protocols]
~
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.
~
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 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.
~
--------––ARTICLE II
[TARGET_affective_DATE=1-1-2020]
•Article II – The Executive Branch•
~Section 1 – The President
~The executive Power shall be vested in_BOTH_A_President_AND_First_Lady_!(1man,1woman,married@least10years)!_ of the United States of America. _THeY shall hold Office during_ONLY_ONE_Term of_TEN_Years, and, together with the Vice-President _AND_CABINET_MEMBERS_chosen for the same Term, be elected, as follows:
~@#$!!
Each State shall appoint, in such Manner as the_PEOPLE_thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
~(FULL#CUT#AND#GUT#RIGHT#HERE)
(This clause in parentheses was superseded by the 12th Amendment.)
~(MAINTAIN#POSITION#FOR#FORWARD#COMPATIBILITY#@!!!)
~[..REFERENCING_12th_Amendment...]~~Amendment 12 – Choosing the President, Vice-President. Ratified 6/15/1804.~
~#NEEDSmuchWORK #
The Electors shall meet in their respective states, and vote by ballot for President_,_FIRST_LADY_,_and_PRIMARY_ADMINISTRATION_OFFICIALS_;
#$#,(cutcutcut); 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(+etc._PURSUANT_TO_ABOVE_STATED_PROTOCOL_);
~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;
~##_ELECTORAL_COLLEGE_MUST_REACH_A_TWO_THIRDS_MAJORITY_FOR_THE_ENITRE_EXECUTIVE_ADMINISTRATION_##~(cutCUTcut)~~~
~No person except a natural born 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_at_least_twenty_five_Years a Resident within the United States.
~
(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.) (This clause in parentheses has been modified by the 20th and 25th Amendments.)
~~REFERENCING:~
~Amendment 20 – Presidential, Congressional Terms. Ratified 1/23/1933. History
1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
~~~~~~~~~~~~~~~~Amendment 25 – Presidential Disability and Succession. Ratified 2/10/1967. Note History
1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
~
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
~~~~~~~~~~~~~~~~
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_State_or_participating_Territory_therein_except_as_reviewed_annually_by_popular_vote_.
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."
Section 2 – Civilian Power over Military, Cabinet, Pardon Power, Appointments
The President shall be Commander in Chief of the Army, Navy, Air Force, Marines, National Guard, and all Emergent branches of the United States Military, 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.
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.
Section 3 – State of the Union, Convening Congress
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.
Section 4 – Disqualification
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.
~
--------––ARTICLE III
•Article III – The Judicial Branch•
Section 1 – Judicial powers
~!
The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the_SUPREME_COURT_(NOT Congress)_ may from time to time ordain and establish. The Judges, both of the Supreme and_lesser_Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
~!!
Section 2 – Trial by Jury, Original Jurisdiction, Jury Trials
~
~HREF~Amendment 11~~(cutCOPYpaste)~
(This section in parentheses is modified by the 11th Amendment.)
Amendment 11 – Judicial Limits. Ratified 2/7/1795. Note History
~
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
~!!!!!!!!!!!~
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State_AND/OR CORPORATION_ shall be Party, the Supreme Court shall have_Primary_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.
~!!!!!!!!!!!!!!!!!!!!~
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.
~
Section 3 – Treason Note
~
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
~
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
~
--------––ARTICLE IV
•Article IV – The States•
Section 1 – Each State to Honor all others
~
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
~
Section 2 – State citizens, Extradition
~
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
~
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
~
(No Person held to Service or Labour 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 Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be due.) (This clause in parentheses is superseded by the 13th Amendment.)
~~HREF~~~Amendment 13 – Slavery Abolished. Ratified 12/6/1865. History
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.
2. Congress shall have power to enforce this article by appropriate legislation.
~~~~~~~
Section 3 – New States
~
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
~
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
~
Section 4 – 'Republican G0vernment'
~UNMODIFIED HERE~
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.
~MODIFIED here~
The United States shall Guarantee to every State in this Union a__Democratic_Republic__Form of Government, and shall protect each of them against Invasion; AND against domestic Violence [(RESOLVED:Executive;Judicial;Legislative;PEOPLE)(in _precisely_ that order...)].
~
--------––ARTICLE V
•Article V – Amendment•
__THE_PUBLIC_whenever_possible_,_shall_have_Initial_AND_Final_discretionary_authority_concerning_ALL_future_Constitutional_Amendments_,_INCLUDING_those_proposed_here.
~
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
~
--------––ARTICLE VI
•Article VI – Debts, Supremacy, Oaths•
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation__AND_Existing_Constitution_.
~
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
~
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
~
--------––ARTICLE VII
~Article VII – Ratification Documents
The Ratification of the Conventions of_THIRTY-TWO_OF_THE_FIFTY_States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
~--–––~
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names. Note
Go Washington [George]– President and deputy from Virginia
New Hampshire – John Langdon, Nicholas Gilman
Massachusetts – Nathaniel Gorham, Rufus King
Connecticut – Wm Saml Johnson, Roger Sherman
New York – Alexander Hamilton
New Jersey – Wil Livingston, David Brearley, Wm Paterson, Jona. Dayton
Pensylvania – B Franklin, Thomas Mifflin, Robt Morris, Geo. Clymer, Thos FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris
Delaware – Geo. Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco. Broom
Maryland – James McHenry, Dan of St Tho Jenifer, Danl Carroll
Virginia – John Blair, James Madison Jr.
North Carolina – Wm Blount, Richd Dobbs Spaight, Hu Williamson
South Carolina – J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler
Georgia – William Few, Abr Baldwin
Attest: William Jackson, Secretary
~~~~~~~~~next up: The Bill Of Rights [NO_CHANGE!(only_additions!)]~~~~~~~~~~
UNMODIFIED COPY
--–––
The Amendments Note
The following are the Amendments to the Constitution. The first ten Amendments collectively are commonly known as the Bill of Rights. History
--–––
Amendment 1 – Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
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.
--–––
Amendment 2 – Right to Bear Arms. Ratified 12/15/1791. Note
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
--–––
Amendment 3 – Quartering of Soldiers. Ratified 12/15/1791. Note
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
--–––
Amendment 4 – Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
--–––
Amendment 5 – Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
--–––
Amendment 6 – Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
--–––
Amendment 7 – Trial by Jury in Civil Cases. Ratified 12/15/1791.
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.
--–––
Amendment 8 – Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
--–––
Amendment 9 – Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
--–––
Amendment 10 – Powers of the States and People. Ratified 12/15/1791. Note
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.
--–––
UNMODIFIED COPY
[[PROTOCOL:CLARIFICATION_ONLY]]
~––––~
~Amendment 1 – Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
~~~~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 to assemble PEACEFULLY, AND to Petition the_FEDERAL_or_State_Government(s) for a redress of grievances.
~––––~
Amendment 2 – Right to Bear Arms. Ratified 12/15/1791. Note
~~~~A Well_Regulated_Militia–being_VITAL_to_the_appropriate_Defense_of_OUR_NATION__AND__thus_Necessary to the security of a Free State–Shall not be infringed_upon_by_any_Branch_of_the_Federal_Government. While_the_Executive_Branch_exercises_Control_over_Emerging_technologies_,_The_Militia_Shall_maintain_a_level_of_technology_appropriate_to_existing_AND_Emerging_Threats.
~––––~
Amendment 3 – Quartering of Soldiers. Ratified 12/15/1791. Note
~~~~No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
~
~––––~
Amendment 4 – Search and Seizure. Ratified 12/15/1791.
~~~~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_both_the place to be searched AND the persons or things TO be seized.
~
~––––~N0TE:{in post-9-11, post-OBL era, I believe that this particular amendment should grow to include acts of terrorism upon American Citizens and Americans living/working/serving abroad...I just don't know how to adequately put that into words in the format of an Amendment at this time...nor_much_time_to_devote_to_this_at_present...}
Amendment 5 – Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
~~~~No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
~––––~
Amendment 6 – Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
~~~~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.
~––––~{...inflation...}
Amendment 7 – Trial by Jury in Civil Cases. Ratified 12/15/1791.
~~~~In Suits at common law, where the value in controversy shall exceed_FIVE_HUNDRED_dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
~––––~
Amendment 8 – Cruel and Unusual Punishment. Ratified 12/15/1791.
~~~~Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
~––––~
Amendment 9 – Construction of Constitution. Ratified 12/15/1791.
~~~~The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People.
~––––~
Amendment 10 – Powers of the States and People. Ratified 12/15/1791. Note
~~~~The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the_PEOPLE_First_,_THEN_to_the_States respectively.
[All Amendments subsequent to the 'Bill Of Rights'] (refer-to Changes already indicated previously)
~~--–––
~Amendment 11 – Judicial Limits. Ratified 2/7/1795. Note History
~~The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
~~--–––
~Amendment 12 – Choosing the President, Vice-President. Ratified 6/15/1804. Note History The Electoral College
~~The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
~
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
~
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
~
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
~
~~--–––
~Amendment 13 – Slavery Abolished. Ratified 12/6/1865. History
~~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.
~
2. Congress shall have power to enforce this article by appropriate legislation.
~~--–––
~Amendment 14 – Citizenship Rights. Ratified 7/9/1868. Note History
~~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.
~!@#$INCLUDE/exclude
2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State,_INCLUDING_Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the_(male)_inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such_(male)_citizens shall bear to the whole number of_(male)_citizens twenty-one years of age in such State.
~
3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
~!@#$%^&*(CRUNCH*TIME!now.here.and.now...)
4. The Validity of the Public Debt of the United States, _AS_authorized by law_AND_payable_from_the_United_States_Treasury_, (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. [{(INSERTION-- All VALID DEBTS pertaining to the Federal and State Governments of the United States MUST be payable from _taxes_ collected _in_advance__OR__from The United States Treasury [Resource_Reserves] –INSERTION)}]
~
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
~~--–––
~Amendment 15 – Race No Bar to Vote. Ratified 2/3/1870. History
~~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.
~
2. The Congress shall have power to enforce this article by appropriate legislation.
~~--–––
~Amendment 16 – Status of Income Tax Clarified. Ratified 2/3/1913. Note History
~~The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
~~~~[DO_NOT_ALTER_much!]~~~~[However, the _process_ of tax collection may not generate an unfair burden upon _ANY_ individual or Family. (Each must do their own part, not to exceed 15% of Total Income per year.)]
~{refer to proposed Changes regarding permanent Session of Senate}~--–––
~Amendment 17 – Senators Elected by Popular Vote. Ratified 4/8/1913. History
~~The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
~
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
~
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
~
~[left for the benefit of Posterity]~--–––
~Amendment 18 – Liquor Abolished. Ratified 1/16/1919. Repealed by Amendment 21, 12/5/1933. History
~~1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
~
2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
~
3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
~
~~--–––
~Amendment 19 – Women's Suffrage. Ratified 8/18/1920. History
~~The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
~
Congress shall have power to enforce this article by appropriate legislation.
~
~~--–––
~Amendment 20 – Presidential, Congressional Terms. Ratified 1/23/1933. History
~~1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
~
2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
~
3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
~
4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
~
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
~
6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
~
~[also left for Posterity]~--–––
~Amendment 21 – Amendment 18 Repealed. Ratified 12/5/1933. History
~~1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
~2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
~3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
~[(COMPREHENSIVE overhaul required to clearly delineate that which is considered 'legal' from that which is considered 'illegal')(the SUBJECT matter of the final amendment subject to Ratification)]~
~{SUPERCEDED by proposed alteration in the form of One_Ten_Year_Term limitation}~--–––
~Amendment 22 – Presidential Term Limits. Ratified 2/27/1951. History
~~1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
~
2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
~[HEREBY expanded to include all Non-State Territories Actively Participating]~--–––
~Amendment 23 – Presidential Vote for District of Columbia. Ratified 3/29/1961. History
~~1. The District constituting the seat of Government of the United States _AND_other_Territories_participating_ shall appoint in such manner as the _PEOPLE THEREOF_ ( not Congress ) may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the Districts would be entitled if they were States, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
~{?sufficiently adequate Alteration??}~
2. The Congress shall have power to enforce this article by appropriate legislation.
~~--–––
~Amendment 24 – Poll Tax Barred. Ratified 1/23/1964. History
~~1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
~
2. The Congress shall have power to enforce this article by appropriate legislation.
~
~~--–––
~Amendment 25 – Presidential Disability and Succession. Ratified 2/10/1967. Note History
~~1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
~
2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
~
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
~
4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
~
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
~
~{personal belief: SHOULD BE raised to age 20 AND national "drinking age" should be lowered to age 20}~--–––
~Amendment 26 – Voting Age Set to 18 Years. Ratified 7/1/1971. History
~~1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
~
2. The Congress shall have power to enforce this article by appropriate legislation.
~
~{personal_note: the Only one done in my lifetime!}~--–––
~Amendment 27 – Limiting Changes to Congressional Pay. Ratified 5/7/1992. History
~~No law varying the compensation for the services of_ANY_Federal_Official_shall take effect until an election shall have intervened__AND__said_law_has_been_Ratified_PUBLICLY.
[PROPOSED AMENDMENT 28 (Comprehensive Overhaul)][PROPOSED AMENDMENT 28 (Comprehensive Overhaul)]
(!looksFITtoPRINT!)
This idiocy of the "Living document" is code for "lets see what we can get away with changing right under their noses". The founding fathers set a group of ideals on paper that work. Yes indeed we've had times in our nation when we shamefully did not follow it's letter and it resulted in an almost failed and split nation, but they didn't write it for some people in the 21st to say, "Oh, we're modern, lets change the constitution"..Thats just political expediency attempting to work. Ideology is not the constitution and never will be, whether it is Left or Right. The constitution is all of us, it is our fiber, it is what America is. It's not open for revisions that favor one side or the other, only the whole.
If the constitution is not to be taken at what it text says and instead we should just reinterpret it to mean whatever we want then it may as well be blank. Granted the founding fathers could likely never have envisioned the world that we live in today. However they were intelligent enough to understand that societies change and that a static document would never suffice that is why the constitution contains the amendment process it allows us to change it over time as we need. By shelving the amendment process and instead just reinterpreting it we have effectively killed it.
At the beginning of this article/discussion, Dr. Schama states "The miracle is that Hamilton and Jefferson ever collaborated enough to craft the Federalist Papers." To the best of my knowledge, Jefferson was not at all involved in writing the Federalist Papers. Certainly, no authorship is ascribed to him. It is generally accepted that the authors were Hamilton, Madison, and Jay, although there is some debate over which of the three wrote some of the articles. So, to what is Dr. Schama referring?
This may amount to nothing more than the blind leading the blind through a minefield, but...
Through the course of approximately one week I have poured over our Constitution in an attempt to identify areas in need of change. The result is posted above. I am neither Democrat nor Republican (nor 'Tea Party' or any other party) but instead merely one small voice among the many Americans in favor of updating our most revered document.
The only way I see to get this from 'Concept Stage' to 'Active Law of the Land' is to get "We the People" behind it and then FORCE-FEED it through both House and Senate (Due to the scope of change, expect Resistance HERE!). I believe that this is both possible and necessary, even urgently overdue. All Politics aside, the Federal Government cannot continue on its present course toward imminent bankruptcy. "We" simply do not have that luxury!
On a more personal note, I have never been to Washington, DC and have absolutely zero interest in becoming a politician. I am technically eligible to be President under the current Constitution, but not under the changes I have proposed. I would take the job if offered, but it's not worth putting my name out there... I seek not personal fame or fortune, only a better future for ALL POSTERITY, myself included last.
Mr. Fareed, I have become an enormous fan of your show because of the subject matter, and their presentation. Congratulations on your success, I wish you more in the future.
I would like to comment on a couple of Mr. Toobin’s statements from one of your latest shows dedicated, in part, to the Senate. Mr. Toobin believes states like Wyoming do not need equal representation in a Senate because (to paraphrase), “when did California ever once attempted to take it over”. This seems to be a perfect example of the polio fallacy. Let me explain.
In the 1960s, the polio vaccine nearly eradicated polio from existence. But when people saw no one getting sick, they stopped getting vaccinated. This was followed by an obvious reoccurrence of polio sickness in the population. The point is there was a process in place to stop something bad from happening, and when people saw the bad thing wasn’t happening they forgot why it wasn’t happening.
Mr. Toobin’s aforementioned statement should raise large warning flags for small states, especially in light of California’s deficit issues, the failing (if not failed) education system, and any of the other numerous and tragic problems California’s population endures. I have to wonder who will say ‘I told you so’ if California’s substantial voting population decides it would be a good idea to start an Initiative for a smaller, profitable state’s revenues to finance California’s debts.
And let’s not forget, the number of things in this world that can be perfectly, even roughly, predicted are few. For Mr. Toobin to discredit the need for a Senate because he cannot see a reason for it in light of today’s political and economic environment, speaks more to his arrogance rather than knowledge-base. Am I really to believe that because Mr. Mr. Toobin cannot think of a reason, that a reason does not exist now or will not exist in the future?
Remove the Senate’s venue for each State to defend and promote itself only so far as it is equal to each other state, and watch the ugliness of a political polio sickness ensue.
Everyone Remember Flight 655 the way America remembered 9/11!
When will Britain own America? i mean its only a matter of time b Britain begins to notice Americas WEAK
To the person that did the transcripts – the Founding Fathers had "r"epublican ideals, not "R"epublican ideals. The "R"epublican ideals did not start until the early 19th century under the presidency of Andrew Jackson. "r"epublican ideals were a far and separate set of beliefs than what "R"epublicans are and ever have been. Thank you.
No, thank You. Please remember that this is an ongoing side project for me. I have already spotted things that I missed, areas where I could have worded things better, etc... But all in all I think the 'updated version' is a wee bit better than the original, or at least it will be after it is worded in the form of an Amendment. Our Constitution is like a good book which is never abandoned, only put down from time to time. I believe that now is when we must pick it back up and read through it again. Too many factors have aligned for me to believe otherwise...
None of the Founders resembled anything approaching any point along the left of the contemporary political spectrum. None had any use for employing the central government to equalize the wealth or status of all people. All were social conservatives, in our terms.
"...people in Wyoming have 72 votes for every vote that California has. It's in complete violation of one man, one vote." I don't hear Mr. Zakaria complaining about the U.N., where each nation in the General Assembly has one vote regardless of population. Each state gets 2 votes in the Senate because it is in the Senate that states are treated *as states* - i.e., the Senate is where the needs and desires of the state *governments* are supposed to be represented, as opposed to the House which represents the popular will. Unfortunately, with the 17th Amendment's instituting direct election of Senators, we have gotten away from the Founders' original vision in which the Senate was a means by which the states could keep the federal government in check.
What a bunch of evasive talking in circles to basically conclude that we can do whatever we want and say it's Constitutional when it's anything but. And as for the foolish idea that the Senate is undemocratic b/c small States have the same power as large ones – the essence of Liberal Democracy is limiting the power of majorities over minorities. And the essence of the United States of America is that we are – wait for it – United States! So in the Senate, each of the United States is treated as equals, lest the whole federation be dominated by a few powerful States. Can't CNN do better than this paper-thin drivel?
Additionally – as for the silly comments that the Founders wore wigs and didn't understand the modern world we face – wrong – we study Shakespeare b/c he understood human nature, which hasn't changed. The Founders understood human nature as well, especially human political nature. And they were far better educated than even those of us with advanced degrees. That is precisely why we have done so well with our Constitution for well over two centuries. Who cares that they didn't have iPhones and Facebook. It's an idiotic and frankly arrogant argument. We would be well advised to heed more of the wisdom of those who have lived before us.
Jameson, you hit the nail on the head. Everything you said is correct. Very insightful post.
"The miracle is that Hamilton and Jefferson ever collaborated enough to craft the Federalist Papers."
I don't believe Jefferson wrote any of the Federalist Papers.
The Constitution represents an evolved form of the mixed government theory of Plato, Aristotle and (especially) Polybius. This was the forerunner of our government, as the Wright Brothers were the forerunners of modern aeronautics.
In his "Laws", Plato backs away from his earlier "Republic", and notes that since simple government forms of monarchy, aristocracy and democracy degenerate over time into tyranny, oligarchy and mob rule, the best government will mix these as three branches of gevernment with a balance of powers between them.
Aristotle endorsed this view in his "Politics" and listed various states in his day that had mixed governments.
Polybius championed this view and said the Rome's spectacular successes were derived from the Roman Republc's balanced government. John Adams would later write that Polybius was always on the minds of those who attended the Constitutional Convention.
Plutarch writes of Lycurgus, the author of the Spartan Constitution,
"Amongst the many changes and alterations which Lycurgus made, the first and of greatest importance was the establishment of the senate, which, having a power equal to the kings' in matters of great consequence, and, as Plato expresses it, allaying and qualifying the fiery genius of the royal office, gave steadiness and safety to the commonwealth.
For the state, which before had no firm basis to stand upon, but leaned one while towards an absolute monarchy, when the kings had the upper hand, and another while towards a pure democracy, when the people had the better, found in this establishment of the senate a central weight, like ballast in a ship, which always kept things in a just equilibrium; the twenty-eight always adhering to the kings so far as to resist democracy, and, on the other hand, supporting the people against the establishment of absolute monarchy."
- Plutarch, "Lives of the Noble Grecians and Romans"
"...this establishment of the senate a central weight, like ballast in a ship..."
The ancient Greeks invented this "ship of state" analogy, and it's been popular ever since.
It first appeared in the verses of the poet Theognis, who compared the government of his native Megara to a ship whose skiiled captain has been replaced by a mob of drunk and disordey sailors.
drunk and disorderly sailors
"What's striking about the Constitution, by the way, is at the time to have written such a relentlessly secular document – there's not a word about religion at a time when everything was about religion."
Other than the part that forbids Congress to make laws supporting or restraining it.
The Founding Fathers generally saw Christianity as an aid to personal ethics and honesty. But the New Testament could never provide a model for government. If they had followed the New Testament strictly, there would have been no American Revolution. Instead they would have "rendered unto Caesar" as Jesus commanded, and not opposed a governing authority, as Paul stated would be a sin against God.
They followed the ancient Greeks, for whom "Tyrannicide" (one who had killed a tyrant) was the highest accolade a citizen could receive.
In fact "Sic semper tyrannis:, allegedly spoken by Brutus when he stabbed Julius Caesar, became state motto in the new nation.
When English classical scholar learned that John Wilkes Booth had shouted these words from the stage at Ford's Theatre, he said that he hoped this could be the beginning of a revival of classical studies in America, where they had flourished in the days of the Founding Fathers but had since fallen away.
This is interesting, why do people keep claiming the 18th Century Protestant Christianity heavily influenced the Constitution?(besides the perhaps all too obvious parallels between Fundamentalist Christians today)
Scholars say that a reading of the Federalist Papers is essential to an understanding of the Constitution.
The Federalist Papers contain no Biblical references that I have ever been able to find, but numerous references to people, places and events of the Greco-Roman classical period.
In fact, Federalist 18, by James Madison, "the Father of the Constitution", and Alexander Hamilton, reads like a college lecture in ancient Greek history, with its detailed analysis of the Achaean Leage and the Amphictyonic council, comparing these historical pecedents to the united states of the new American nation. ("Had Greece, says a judicious observer on her fate, been united by a stricter confederation, and persevered in her union, she would never have worn the chains of Macedon; and might have proved a barrier to the vast projects of Rome." – Federalist 18)
Those who make the argument you cite, might have trouble explaining away this fact.
Madison and Hamilton admired the Greeks and Romans, but they were somewhat less enthusiatic about the Germans.
"The history of Germany is a history of wars between the emperor and the princes and states; of wars among the princes and states themselves; of the licentiousness of the strong, and the oppression of the weak; of foreign intrusions, and foreign intrigues; of requisitions of men and money disregarded, or partially complied with; of attempts to enforce them, altogether abortive, or attended with slaughter and desolation, involving the innocent with the guilty; of general imbecility, confusion, and misery."
- Federalist 19
David and Greg, please take a look at the articles that I referred to above by Lutz. The Founders relied heavily on the Bible in their writings and theorists who relied on the Bible and Protestant Christian doctrine. Lutz points out in the 1984 article that in 1787, the Founders' philosophical & theological references tailed off because they were focusing on practical nuts-and-bolts details of governance. But even then, their background knowledge of these matters was shaped by Christian principles. In fact, the very concept of a constitution derives from Christian doctrine. Please consider the well-researched article by Lutz on covenant & constitution referenced in my post above on this point. And again I suggest , as I did above, to consult the colonial constitutions and see how overtly Christian they were. They are available online. Some even quote the Bible as support for various provisions that later were appropriated by the Framers of the U.S. Constitution.
The Declaration is clearly a Lockean document as Jefferson applied the principles identified by Locke to the issues surrounding the American Revolution. Hamilton was clearly a Lockean and appealed to divinely inspired natural law as a basis for the legitimacy of constitutional & statutory law. On this see his "The Farmer Refuted,"
23 Feb. 1775 Papers 1:86–89, 121–22, 135–36 . Here is an excerpt:
"Good and wise men, in all ages, have embraced a very dissimilar theory. They have supposed, that the deity, from the relations, we stand in, to himself and to each other, has constituted an eternal and immutable law, which is, indispensibly, obligatory upon all mankind, prior to any human institution whatever. This is what is called the law of nature, "which, being coeval with mankind, and dictated by God himself, is, of course, superior in obligation to any other. It is binding over all the globe, in all countries, and at all times. No human laws are of any validity, if contrary to this; and such of them as are valid, derive all their authority, mediately, or immediately, from this original." Blackstone.
Upon this law, depend the natural rights of mankind, the supreme being gave existence to man, together with the means of preserving and beatifying that existence. He endowed him with rational faculties, by the help of which, to discern and pursue such things, as were consistent with his duty and interest, and invested him with an inviolable right to personal liberty, and personal safety."
Hamilton and other Framers assumed this political philosophy & its religious foundation when they wrote the Constitution & the Federalist Papers. They did not have to constantly restate their views that they had already clearly laid out repeatedly.
"The Declaration is clearly a Lockean document as Jefferson applied the principles identified by Locke to the issues surrounding the American Revolution."
And where did Locke get his ideas ? From those Biblical passages describing separation of powers ? Or from Jesus Christ warning the Pharisees that taxes paid to Caesar were taxation without representation ?
Jesus is not mentioned a single time in the Federalist Papers. Lycurgis is mentioned five times. Pericles three.
"Adams [John Adams] turned directly to the ancients for mixed givernment theory. In the 'Defence' {"A Defence of the Constitutions of Government of the United States' (1787)], he summarized the vague genesis of the idea in Plato's work and its development through Aristotle, Polybius and Cicero.
While respecting such modern authors as Niccolo Machiavelli, James Harrington, Algernon Sidney, John Locke and Montesquieu, Adams considered these theorists (particularly Montesquieu) overrated, emphasizing that 'the best part' of their writing came directly from the ancients."
- "The Founders and the Classics: Greece, Rome and the American Enlightenment", published in 1994.
"The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics. The rise of natural law as a universal system coincided with the rise of large empires and kingdoms in the Greek world. Whereas the "higher" law to which Aristotle suggested one could appeal was emphatically natural, in contradistinction to being the result of divine positive legislation, the Stoic natural law was indifferent to the divine or natural source of the law: the Stoics asserted the existence of a rational and purposeful order to the universe (a divine or eternal law), and the means by which a rational being lived in accordance with this order was the natural law, which spelled out action that accorded with virtue.
As the historian A.J. Carlyle notes: "There is no change in political theory so startling in its completeness as the change from the theory of Aristotle to the later philosophical view represented by Cicero and Seneca.... We think that this cannot be better exemplified than with regard to the theory of the equality of human nature." Charles H. McIlwain likewise observes that "the idea of the equality of men is the profoundest contribution of the Stoics to political thought" and that "its greatest influence is in the changed conception of law that in part resulted from it."
Wikipedia
Greg, much of what you say is true about ancients, but it gives the impression that the Founders were not influenced by Christianity. That would be a wrong conclusion to jump to. First, anyone with a classical education, which the Founders received, were well-read & influenced by the ancients. Second, Christianity itself has been highly influenced by Greek & Roman philosophers–Augustine with Plato & Aquinas with Aristotle. The fleshing out of the concept of 'logos' found in John, chapter 1 came from Stoic influences. Nietzsche recognized that Aristotle & Plato were pre-cursors to Christianity as well as did Augustine & Aquinas. Natural law is available to all people as Christian theology teaches–that is part of a common grace accorded to all people who are open to attending to their conscience & reason. Catholic & Protestant theologians recognize that truth as did Enlightenment figures.
Consequently, there is no dichotomy in affirming ancient non-Christian philosophers while working from a Christian framework. Augustine & Aquinas quote freely from non-Christan ancient philosophers. Edmund Burke loved to quote Cicero since he agreed with him on his fundamentally practical orientation in political & social matters. No one doubts that Plato, Aquinas, or Burke were Christians.
Corrrection, the last line should read:
No one doubts that Augustine, Aquinas, or Burke were Christians.
Continuing...for some reason I am being blocked on the Lutz quote. If you take a look at the 1984 article by Lutz, you will see that he finds that the Founders prmiarily quote the ancients as personal examples rather than on philosophy or political theory. Lutz notes that is why Plutarch shows up a lot but not Aristotle, Plato, or other prominent political philosophers.
Addressing the question about influences on Locke, if you actually care to take even a casual glance at Locke's writings on virtually any subject including political philosophy, they are full of references to God and the Bible. I do not think you can read more than a page or two without running into Christian references in *Second Treatise.* His position on religious tolerance in his *Letter Concerning Toleration* is simply an application of Protestant Christian doctrine that personal affirmation of faith is critical for salvation, therefore religious belief cannot be coerced.
Locke's writings are dripping with Christianity. This is why a number of commentators have argued that an understanding of Locke can only be made if one considers his Christian beliefs as foundational to his philosophy. Besides Ian Harris' book that I mentioned above, consider *The Biblical Politics of John Locke* By Kim Ian Parker & *John Locke: Writings on Religion,* edited by Victor Nuovo, Oxford University Press. Here is an excerpt from the latter book:
"The writings collected [here] should make clear that Locke’s interest in religion and theology was neither peripheral nor pursued for the sake of appearance . . . . religious concern was one of the main determinants of his intellectual pursuits” p. lvii
Large sections of these books are available on Google Books, free online.
“Simon Schama: The miracle is that Hamilton and Jefferson ever collaborated enough to craft the Federalist Papers. Both of them – and it's a lesson for us – were prepared to sink their fundamental differences about what American government was to get the Constitution ratified."
Not only did Thomas Jefferson not collaborate in the crafting of the Federalist Papers, he was the United States Minister to France during the entire Constitutional Convention and ratification process, and was not a direct participant in either. No one with even an iota of familiarity with the Federalist Papers or Originalism as a method of constitutional interpretation would make this mistake, nor would they let a conversation about the Constitution continue without correcting that mistake. If you have taken the time to read CNN's discussion and have not read the Federalist Papers, please read them, and read about Originalism and other methods of Constitutional interpretation before you come to any conclusion about whether anything said in CNN's discussion on the Constitution has any validity whatsoever. You can probably find a copy of the Federalist Papers at a library or a bookstore near you.
. . . or you can simply read the Federalist Papers online: http://www.foundingfathers.info/federalistpapers/
Amazon Kindle offers the Federalist Papers at nominal cost.
An embarrassing incident occurred on the McLaughlin Group not too long ago.
McLaughlin asked regular panelist Mort Zuckerman if he thought a certain idea was "nugatory." Zuckerman replied, "First of all, I don't knoiw what 'nugatory' means..."
The word nugatory (meaning trifling and insignificant) occurs six times in the Federalist Papers. If Zuckerman had read them, he would have recognized the word, as I do.
Nasty trick to play on a friend in front of an audience of millions, Dr. McLaughlin.
Spitzer: Because of the allocations: Each state gets two votes regardless of how many people they have – 36 million people in California, half a million in Wyoming.
Zakaria: Right. So if I were to say to you that people who own property should have 72 votes for every one vote that people who don't, you'd say that's crazy. But people in Wyoming have 72 votes for every vote that California has. It's in complete violation of one man, one vote.
---------------------
Again, it boils down to this nonsense. The House represents the people, and therefore, there is equal votes based upon population densities in the states. The Senate represents the states. California has the same number of votes as Wyoming, Hawaii, New York, and all others. Zakaria wants to abolish the Republic that he praises with a Democracy, which the Founding Fathers were against.
I highly recommend Zakaria take a few minutes to read: http://uscommonsense.net/2011/05/19/ezra-klein-young-voters-and-the-electoral-college/
He obviously is in the same camp as Ezra Klein, thinking that the Senate is "undemocratic" (a term both persons use).
I really agree with you on this one, although I don't think he wants to get rid of the American government. He just doesn't seem to understand one tenant of American Gov. the Bicameral Legislature was created to guarantee equality between the states and equality between the people. It serves the dual purpose of balancing representation among the states (e.g. 2 Senators per every state) and yes it is an "aristocratic" hold over of 18th century like the Electoral college. It prevents some states from getting too much power, like Nevada, Vermont or Wyoming, which might end up simply being a territories with out such provisions. Is the Senate undemocratic, well not as much anymore. The 17th Amendment prevents states from merely appointing them in lieu of popular vote. At the same time I would never say that our current FORM of government is perfect, but it is a work in progress. There must be countless ways to improve the Senate and gov. as a whole, to what end is critical to the needs of the American people.
It's almost ironic that Zakaria limits himself to one simple statement like "one man one vote," if that were the case we would have something like Athenian direct democracy, or perhaps mob rule, that was the warning in the saying "tyranny of the masses." Republican or representative government is supposed to be about debate, consensus building, and gradual decision making and works pretty damn well if I may say so for such a large Representative Gov. like our own.
"One man, one vote," isn't an early principle in the constitution, however it does occur later in Reconstruction with the advent of political machines who stack votes. The Senate isn't necessarily the place to look for application of this rule in fact looking at the Electoral College would be better. Cutting out balancing mechanisms like electoral college or senate in favor of more direct rule is antithetical to our constitution, without it power becomes too concentrated in the hands of too many, yet with it power conversely can be concentrated in the hands of too few.
Right I agree with you, he made this mistake the first time he did this whole Constitution thing? So what he's from a different background and really doesn't understand the nature of our gov. He's Indian so he looks at government through the British Parliamentarian model, "one man, one vote" etc., I've heard this same criticism for years from Brits, etc. who say our form of gov. is inefficient. Blah blah blah, Zakaria's Audience is American he needs to get that through his head. We all went through gov classes in school and if we're reading this stuff its likely we understand why we have 2 senators from every state, Great Compromise etc. He really needs to get off that band wagon and concentrate on something a little more pertinent like the Electoral College, or I dunno, the Filibuster, or the cozy relationship gov. regulators have with people they regulate.
The bigger issue is not people in California get "less votes" than people in Wyoming. No, in fact they do within the House of Reps, and Presidential Elections (sort of), its really almost stupid of him to keep pounding away at the number of Senators when something more obvious and important like the Electoral College is staring him in the face.
To say that our constitution must be flexible because the framers of the constitution could not possibly envision the world that we live in today is ridiculous. Isaac Newton surely couldn't have imagined the world we live in today, however the laws that governed the apple that landed on his head (as the story goes), still apply to every bit of complex technology we use. (I had planned to make a space shuttle reference but oh well). The Constitution of the United States of America is made up of principles. Principles do NOT change. They are as true at the largest level as they are at the smallest.
The only reason any person has to "re-evaluate" or "re-interpret" our constitution is that the principles that govern our nation are not working in the interest of the new "interpretors".
oh my god you're full of such bullshit. NAME ONE PRINCIPLE OF THE CONSTITUTION and show me a reference to support it.
LIST THE PRINCIPLES OF THE CONSTITUTION? 1) 2) 3)...
Principles may not change, but application does.
The framers didn't envision nuclear weapons either – strategic arms as opposed to the more common firearm. Are we to read the 2nd amendment literally? We the people, have a right to bear a strategic arm in our backyard? No we don't.
Thus, the Constitution is interpreted to mean "no, we can't have citizens owning and operating all manner of arms" That would be impractical and unsafe.
This is just one example in the Constitution.
Now, it's the SSA (Socialist States of America)
Both Jefferson and Madison originally wanted Senators elected to lifetime terms, so that they could devote all there energies in office to high minded statesmanship, with no distractions about being re-elected.
Needless to say, such an elitist proposal today would excite gales of laughter and ridicule.
One thing I was suprised to read in the news that politicians signed a pledge to an unelected leader of an institution about tax. Why would anyone do this if they respect their constitution? isn't that sort of decision based on circumstance? There is no way to kno what would happen in future. Why would you sign such a pledge? i don't get it.
1…–)so£š/i㛋|•)t:.lÅ׫=‹U„6ÎI¨ûæÎûçk³oË\$ßï¶ã<ò×z'
Please disregard this post. It is in the form of a question.
Apparently my question remains unanswered...
...just keeping it REAL...
Anybody still watching this OLD thread ????
Yes, some of the laggers are still getting around and reading this thread; very civil. Very good comments, from everyone. Discussed in the manner of our of the founding fathers, When looking at the representation of the upper house, and relating it to the representation of the number of people in one state versus another in being unfair, the point is missed that it gives each state the same representation in the Senate regardless of population. After all, the United States is a democratic republic, we all equally (i.e. democratically) give our vote for congressmen, senators and electoral college to represent us...The Rebublic.
I agree completely
Abnormally well written blog post!!!
That's an all 'round great piece.
You couldnt be more factual..
This post couldn't be more on the money...
I agree completely!
That was a really joy of a post!!!
Terrific writing!
This post couldn't be more precise!
This may be this blog's greatest blog I have seen...
I fully agree completely.