EXCERPTS FROM THE U.S. CONSTITUTION

The following are abridged sections from the Constitution

 

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

[Editorial Notes in blue are not part of the Constitution.]


 

Article I

 

Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

 

Section 2

[Clause 1] The House of Representatives shall be composed of Members chosen every second Year by the People of the several States ...

 

[Paragraph 2] No person shall be a representative who shall not have attained the age of twenty-five years and have 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. [Translation, after eliminating the double-negatives, is: To be a Representative in the U.S. House of Representatives, you (male or female) MUST be at least 25 years old, must have been a U.S. citizen for at least 7 years AND must be an inhabitant of that State, whose citizen residents elected you.]

  

[Paragraph 3, 2nd sentence] 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. [Note: This is the Constitutional basis for the U.S. Census. The "such manner as they shall by Law” had not been established; no such "manner” or "Law” is specified within the confines of the U.S. Constitution.]

 

 

[Paragraph 5] The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.


 

Section 3

[Paragraph 1] The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. [Note: Superseded by the 17th Amendment].

  

[Paragraph 3] No person shall be a senator who shall not have attained the age of thirty years and have been nine 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. [Translation, after eliminating the double-negatives, is: To be a Senator in the U.S. Senate, you (male or female) MUST be at least 30 years old, must have been a U.S. citizen for at least 9 years AND must be an inhabitant of that State, whose citizen residents elected you.] 

 

[Paragraph 4] The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. (Tie vote)

 

[Paragraph 6] 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 (67%) of the Members present. [Note the word "present"; there are 100 senators, but for example, as of Nov 2018, there were 99 with the death of John McCain. Or what if, for whatever reason, some senators are not "present"?]

 

[Paragraph 7] 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. … 

 

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 Behavior, and, with the Concurrence of two thirds, expel a Member. [Note that the creation of the "Rules of the Senate” and the "Rules of the House” are authorized by this Section. However, the actual rules themselves are NOT part the U.S. Constitution.]

 

Section 7

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

 

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 approves, 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

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; 

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

·      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 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

[Paragraph 1] 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 1808, but a Tax or duty may be imposed on such Importation, not exceeding $10 per person.

 

[Paragraph 4] No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

 

[Paragraph 8] 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.

 

 

Article II

 

Section 1

The executive Power shall be vested in a President of the Untied States of America. …

 

In Case of removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Officer, the Same shall devolve on the Vice President, and the Congress may be Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall than act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

 

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 enters 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 the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."  

 

Section 2

The President shall be Commander in Chief of the Army and Navy of the United States, and of any Militia of the several States, when called into actual service of the United States ... 

 

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided 2/3 of the Senators present concur

 

Section 4

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

 

 

Article III

 

Section 1

The judicial Power of the United States shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation … .

 

Section 3

Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

 

The Congress shall have Power to declare the Punishment of Treason … .

 

 

Article V

The Congress, whenever 2/3 of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of 2/3 of the 50 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 3/4 of the 50 States, or by Conventions in 3/4 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 1808 shall in any manner affect the first & fourth Clauses in the 9th Section of Article 1; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

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Amendments

Amendment 1: Freedom, Petitions, Assembly

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

  

Amendment 14: Civil Rights

Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and 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.   

 

Amendment 17: Senatorial Elections

[Sentence 1] 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.

[Note 1a: 50 States get 100 Senators (2 each) in the U.S. Senate. By the year 2030, it is very likely that 50% of the Population in the U.S. will live in just 7 (of 50) States: California Texas, Florida, New York, Pennsylvania, Illinois and Ohio.]

 

[Note 1b: Since these above 7 States, with 50% of the U.S. Population, will get 14 Senators in the U.S. Senate, that gives them 14% (14 out of 100) of the possible votes in the U.S. Senate. That leaves the remaining 43 States (50-7), with the other 50% of the U.S. Population, with 86 Senators in the U.S. Senate; which gives them 86% (86 out of 100) of the possible votes in the U.S. Senate. This creates a possibility of the Majority being legally influenced by the Minority.

 

[Note 1c: Consider this exercise: 3/4 of 50 States is 38 States. If these 38 are among the 43 States mentioned in Note 1b, by definition those 38 States would  contain less than 50% of the U.S. population. Re-Read Article V (Clauses 2,3 & 4) with that in mind.]

 

[Note 2: The U.S. House of Representatives will adjust as population is built into how many Reps any State has in the U.S. House. Population has nothing to do with the U.S. Senate. Political parties will have to invest in the smaller States to maintain their influence in the U.S. Senate.]

 

[Note 3: When our Founders wrote the Constitution, they did not trust the people living in each State, to elect the U.S. Senators for their own State. This can be seen by reading the original Article I, Section 3. It is amended by Amendment 17.] 

 

[Note 4a: There were 13 States when our Founders ratified the U.S. Constitution in 1787. They had no reason to expect that the U.S. would grow to a much larger footprint, encompassing 48 States (in a land mass from the Atlantic Ocean to the Pacific Ocean) plus Hawaii and Alaska.]

 

[Note 4b: It is a safe bet that our Founders never even considered the significance of having 50% (or more) of the U.S. population residing in less than 15% of the States (50) in the United States, given what could happen if those States with 50% (or more) of the U.S. population only had 15% (or less) of the 100 Senators in the U.S. Senate.] 

                                                       

Amendment 25: Presidential Succession

Section 1:

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

 

Section 4:

[Paragraph 1] 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.

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