And the people said Amen!

"...we recognize that the courts are also part of the democratic process of checks and balances and have on many, many occasions served as an important protector of the rights of minority." citizens.

The San Diego Union Tribune

The Bill of Rights

To refresh Joe Lieberman's memory (and anyone else who is thinking of stripping someone of their citizenship.)

Amendment I

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 II

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 beinfringed.

Amendment III

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 IV

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 V

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 VI

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 defense.

Amendment VII

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 reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

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

Amendment IX

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

Amendment X

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.

Read more about the Bil of Rights here.

The US Constitution

I got away from looking at the Constitution when my computer was in the shop. I am going to revisit it as I still think it is important enough for us to become familiar with our country's most important document.

There was a revolution in an Asian country today and they threw out their government. The Constitution was a sort of a mini-revolution as the folks who wrote it were only supposed to revise the Articles of Confederation which were not working. Instead they threw it out and wrote an entirely new Constitution. Then they lobbied for it and got the states to adopt it. We have not needed to have a revolution since that time. The reason. Revolution is built into our Constitution. If the people do not like the government they can change it. If the radicals (on either side)mess things up they can be voted out. Right now you see a lot of people calling themselves "teabaggers" who are stirring things up and shouting vile rhetoric at our elected leaders. Some of them are racist - others are just stupid who will believe anything anybody tells them without checking it out for themselves. What they need to do is remember that we have a Constitution that has worked for our country for over 200 years and then work within the framework of that Constitution if they want change. Reasoned arguments might make a difference. The crap that some of them spew out (And yes I am talking to Bachman, Palin, Limbeck, and Steve King) is just ludicrous. I will be happy to vote for an Eisenhower Republican. But not the nuts that are running things today. So give the Constitution a read and find out what is there. More to come.

By the way the links below do not work and the spellings are antiquated.

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 anyTitle 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'sinspection 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.

Constitution - Limits on Congress

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.

The US Constitution - The Powers of Congress

I am moving forward and skipping the following sections. You can find links to them here.

Section 4 - Elections, Meetings
Section 5 - Membership, Rules, Journals, Adjournment
Section 6 - Compensation
Section 7 - Revenue Bills, Legislative Process, Presidential Veto

Today we are looking at the powers of Congress. They have a lot of them.

Article 1 - The Legislative Branch
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.

The Constitution- What is in it? -The Senate

Article 1 - The Legislative Branch
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 the 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.

The senate was an attempt to pacify the small states who feared that they would be overwhelmed by the larger states with more representatives. With every state being equal they thought that they would have a better chance to maintain their interests in this House. What do you think? Has it worked?

Constitution - B - The Legislature - House of Representatives

Article I - The Legislative Branch Note (This is on the Separation of Powers)

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.

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This provides for a House of Representatives and is apportioned directly from the number of people we have in the United States. It provides for a counting of the people every ten (10) years and currently there are 435 Members of the House. I can remember discussing this with my fifth grade class one year. Our text book said "There are even 5 women who were members of the House of Representatives." - This was in the 90's. I asked the kids "About what percentage of our population are women? They thought about 49%. I suggested that it was actually a little higher about 52%. I then asked them to figure out how many women SHOULD be in the House of Representatives. (About 227 should be women if they are really representative. As of 2009, 441 members of Congress are male (83%) and 92 are female (17%) - I think I made my point and I told the girls in the class that they should begin preparing to run for office. Things are better now but not where they should be although it is nice to see a powerful Democrat sitting as the Speaker of the House for the first time. -

The Constitution of the United States A

Over the next few days we are going to take a tour of the Constitution of the United States.

The Preamble

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


Preamble Note

This gives you some insight into the Preamble and why the Constitution was written and the reasons behind the statements in the Preamble. It says in part,

promote the general Welfare

This, and the next part of the Preamble, are the culmination of everything that came before it — the whole point of having tranquility, justice, and defense was to promote the general welfare — to allow every state and every citizen of those states to benefit from what the government could provide. The framers looked forward to the expansion of land holdings, industry, and investment, and they knew that a strong national government would be the beginning of that.

and secure the Blessings of Liberty to ourselves and our Posterity

Hand in hand with the general welfare, the framers looked forward to the blessings of liberty — something they had all fought hard for just a decade before. They were very concerned that they were creating a nation that would resemble something of a paradise for liberty, as opposed to the tyranny of a monarchy, where citizens could look forward to being free as opposed to looking out for the interests of a king. And more than for themselves, they wanted to be sure that the future generations of Americans would enjoy the same

You hear lots of people on the Republican side decrying the new Health Care law. One of my Lodge Brothers put this on my Facebook in responsed to the post below.

They should also be held accountable for their ignorance of Article I section 8 (clauses 3 and 18) and Article VI section 2 of the U.S. Constitution. It's okay- go ahead and look them up. That's more then the House Republicans have done.

It got me to thinking and so for the next few days we are going to be examining the Constitution. It is BASIC to this country and I doubt most of us have read it. I may ask another Brother for a guest post on it because I know he carries a copy of the Constitution around with him. I am no Constitutional Lawyer but I did teach Elementary School and I doubt that my students remember it but when I was teaching fifth grade US History (not the Texas version) was a part of the curriculum and we did study it and review it. It doesn't hurt to look it over again. So join me for a week or so as we look at this most radical document. And don't believe everything you are told... look it up. Comments welcome.