Constitution of the United States

Having completed a review of each of the 85 Federalist Papers I am excited to finally write about the Constitution of the United States that they were written to promote. My goal is to reduce the Constitution to a very simple outline showing the form of government that we were meant to have. I will ignore any parts of the Constitution which have been subsequently changed through the amendment process. I hope that by doing so it will be easy to see where we have strayed from the formula. Also, I just want to say in advance that I will not address any of the amendments here – each will be treated separately in future posts.

• Article I
  • All legislative authority resides in Congress (in other words the president cannot make any laws).
  • Members of the House of Representatives must be at least 25 years old and live in the state they represent. The number of representatives for each state is based on their population but there may not be more than 1 representative for every thirty-thousand people.  Note that there is no stipulation limiting the size of the House of representatives while our population has more than tripled in the last century (from 92 Million in 1910 to over 300 Million now). Representatives are elected to two year terms. The House of Representatives holds the power of impeachment.
  • Members of the Senate must be at least 30 years old and live in the state  he is elected to represent. The Vice President is to serve as the president of the Senate, but cannot cast a vote unless the voting is tied. Senators are elected to six year terms. The Senate is to hold a trial when someone is impeached to determine if they should be removed from office. Interestingly, Senators must take an oath when sitting for an impeachment trial.
  • Each state has the power to choose when they will hold elections.
  • Each house of Congress determines the qualifications for their members (think back to the issue of replacing Obama after he was elected President) and each sets their own rules and keeps their own record. During the congressional session, neither house can adjourn for more than three days or to a new location without the consent of the other house.
  • Members of both houses are to be paid for their service, but they cannot hold any office that was created or received a pay increase while they were in Congress. Also, they are immune from arrest during the session of Congress except for treason, felonies, or breach of the peace.
  • All bills for raising revenue must originate in the House of Representatives. The House and the Senate must pass a bill before it is presented to the President. If the President vetoes the bill it may becomes law if each house of Congress reconsiders it and passes it by a 2/3 majority. When voting on a veto override the name and vote of each member of Congress must be recorded. If the president does not return a bill within 10 days (signed or vetoed) while Congress is in session the bill becomes law. If Congress ends their session before the ten days and the president chooses not to sign then the bill does not become law.
  • Section 8 lists the powers that Congress expressly holds in lawmaking (like establishing weights and measures, regulating commerce, coining money, and establishing post offices).
  • Section 9 lists laws that Congress is forbidden to pass (like ex post facto laws and granting titles of nobility).
  • Section 10 lists powers that are forbidden to the states. The list includes items granted to Congress (coining money, entering treaties with foreign nations) and also items that had also been forbidden to Congress (ex post facto laws and titles of nobility).
• Article II
  • The president is the chief executive of the nation. He must be at least 35 years old and is elected to four year terms. He is to be paid for his service, but his pay cannot be raised or lowered during a term. The exact words of the presidents oathof office are supplied in the Constitution – he is to "preserve, protect and defend the Constitution of the United States."
  • The president is the leader of the army and navy and has to power to pardon any offense except in cases of impeachment. He can make treaties if two thirds of the senate approves the treaty and the senate must confirm those whom he nominates for government positions (such as Supreme Court justices). If the Senate is nto in session he can make temporary appointments that alst until the end of the next session of Congress.
  • If impeached and conviceted of "treason, bribery, or other high crimes and misdemeanors" the president and any other officers of government are to be removed from office.
• Article III
  • The Supreme Court and any lower courts formed by Congress are the judicial authority of the nation.
  • Section 2 lists the jurisdiction of federal courts (such as when a foreign nation is involved, or in disputes between states).
  • Section 3 defines what constitutes treason.
• Article IV
  • States are to honor the actions of other states.
  • States are to treat citizens of other states as they treat their own citizens.
  • Section 3 lists how new states may be created or admitted to the nation.
  • Each state is required to have a republican form of government.
• Article V
  • If two thirds of each house of Congress vote in favor, Congress can propose amendments to the Constitution  which must be ratified by three fourths of the state legislatures. If two thirds of the state legilatures request it, Congress shall call a convention for proposing amendments – which must be ratified by three fourths of the state legislatures in order to become law. In either case,  no amendment may deny a state of equal representation in the senate unless that state shall consent to the amendment.
• Artivle VI
  • The new government assumes all debts incurred under the Articles of Confederation
• Article VII
  • If nine of the states choose to ratify the Constitution in convention it shall be considered binding upon each of the states that ratifies it.

I find it interesting that half of the Constitution is centered on Congress and yet we focus the bulk of our interest in the executive branch. Perhaps that is why we have become so ineffective at electing people who will adhere to the supreme law of the land – we are misinterpreting it in our political focus.