Support and Defend: Article 1, 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.

If a tax needs to be instituted, it must come from the House. The Senate cannot originate such a bill, although it must approve it before it goes to the President either to be approved or vetoed. The Senate can suggest changes to the bill.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes 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.

Okay, Presidential Veto, here we come!

When a bill is to become a law, it will go to the President. If the President and signs it, it becomes a law. If the President does not approve, the bill is sent back to the House or Senate (depending on where the bill originated) along with the objections to the bills. The President is obligated to explain why in cases of a veto.

However, and this is where we really start getting into checks and balances, if Congress really disagrees so strongly that two-thirds (290 people in the House, and 67 in the Senate) of its membership will vote in favor of the bill, it becomes a law anyway.

If the President sits on a bill for ten days (excluding Sundays), it becomes a law anyway and it is presumed that the President did, in fact, approve the law.* If, however, Congress adjourns before the President can sign it, the clock stops ticking, and the bill does not become 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.

If Congress has to vote on something to be enacted, the matter must be referred to the President for approval or disapproval. This also re-iterates the override of the Presidential veto.

* Speculation on the part of the author: If this little clause could be used as a sort of weasel-worded way of claiming disapproval of a law while still allowing it to be enacted. Though being a layman, the author cannot recall if this is common practice or not.

To Support and Defend: Article 1, Section 6

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Congress gets paid, and that compensation is determined by law. Congress has to decide on it, then the President has to sign it into law. If they have not committed a felony, treason or are not actively being violent, they cannot be arrested while in attendance in Congress, and they’re immune from criminal prosecution for the things they do and say as a legislator.

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.

You cannot hold another Federal office while you serve in Congress.

To Support and Defend: Article 1, 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.

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.

Boy, this is a Quis custodiet ipsos custodies situation if I’ve ever seen one. Who decides if an election is legit? For the House of Representatives, it’s the House. For the Senate, it’s the Senate. They’re allowed force a member to attend, if they’ve been truant and they get to decide on the penalties for not showing up.

The House and the Senate may both establish their own rules for debate, voting and other proceedings, may punish disorderly behavior. If two thirds of them don’t want to keep a member, they can also chuck them out. Yep, they can throw out duly elected reps if they feel like the person isn’t behaving.

They must keep a record of what goes on and publish it. By the way, not only is the Congressional Record public these days, but if you really want to know how your reps vote, you might want to consider signing up for MegaVote. You get emailed about the voting records of your reps.

The Senate has to get permission of the House and the House the Senate if, during a scheduled session of Congress, they want to adjourn for more than three days. They are also forbidden to move their meeting place during a session without the other chamber’s consent.

To Support and Defend: Article 1, Section 4

Heh. This one is short and sweet. I feel like I understand it pretty well.

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.

It’s up to the states to decide how to hold elections. However, Congress reserves the right to override this if necessary. In other words, hold on to your butts. This could get entertaining in the near future. Or the power could be used for Good. Hope springs eternal…

Senators were not directly elected when this was written. The 17th Amendment changed this in 1913.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by law appoint a different Day.

Being a member of Congress was not a full-time job, back in the day.  Communications being what they were, they needed to set out a time to assemble and a minimum interval.  This comes from the memory of Parliaments in English history being rather infrequently and reluctantly called.  They recognized that national government needed to meet on a regular basis.

Support and Defend: Article 1, Section 3

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

We vote directly for Senators now (17th Amendment) but each state still gets two, and serves for six years.

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.

After the Senate was set up, they arranged it so that we would not change the entire Senate at one time, but only 1/3 of them would be up for election at any one time.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

You have to be thirty years old, have been a citizen of the US for nine years, and be a resident of the state from which you are elected.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Vice President presides over the Senate (y’all do know that’s the meaning of “president,” right? One who presides? Pay attention to that. It’s gonna become important when we get to Article 2 and start talking about Executive powers). The Vice President doesn’t get a vote unless the vote is tied in the Senate. That’s not too common.

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.

Other than the VP, the Senate can choose its own officers. There must be a President Pro-tem who becomes the President of the Senate if the VP becomes President of the United States. We don’t really want the President of the United State to be the President of the Senate. Talk about screwing up a balance of powers!

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.

If the House votes to impeach the President, the Chief Justice presides over the trial, which is held by the Senate. A 2/3 majority is required to convict.

Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Impeachment merely means removal from office and being subject to being barred from holding further office in the US. It is not actually a criminal trial. But if you are impeached, you may be subject to a criminal trial and punishment as well.

To Support and Defend: Article 1, Section 2

(Standard disclaimer. I’m a layman with a high school education)

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.

This passage says several things. First, that the people will vote for their Representatives, and that they will elect them every two years. Secondly, this gives the qualification to vote to the states. So, it was conceivable that a resident of Massachusetts could move to Virginia and find he was no longer qualified to vote! (The framers of the US Constitution simply did not believe in universal franchise). This matter was eventually addressed over several amendments.

Then this moves on to the qualifications to be a US Representative. You have to have been a US Citizen for at least seven years, be at least twenty-five years old, and be a resident of the state in which you are elected.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by law Direct. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, and Georgia three.

Oh goodie, we get to something problematic right away.

Representatives and taxation were meant to be based on population. However, there was a large population of people living within the borders of the US that some of the framers most certainly did not want to count as a citizen – Native Americans and enslaved people. Yet they still didn’t want to give up that enumeration! People were afraid that the high population density areas would address their own needs and roll over the needs of areas with lower population density. If you read the news this very morning, you’ll see that this is an issue we still wrestle with!

The compromise was that the people who were enslaved would count as three fifths of a person (and yes I wince to write that) and if a Native American was not taxed, they didn’t count at all. (And there we go with taxation without representation, ’cause Native Americans weren’t universally considered US citizens until the 1920s) A lot of this has been addressed by legislation and Amendments, by the way.

It also establishes that we need to count our population every ten years. We do this with the US Census.

This directs that we cannot have more than one representative for every thirty thousand people, and gives a number of representatives for several of the states as an interim until the first Census. Keep in mind, they were making this up as they went along!

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.

If a seat in the House of Representatives becomes vacant, the state governor is responsible for organizing and election to fill that vacancy.

Within the House, the members choose the Speaker of the House as well as any other leadership positions with the body. They’re also responsible for impeaching their own members if necessary. (Quis custodiet)

One of the things that is really striking me as I am going along with this is how dynamic the Constitution is. We have changed so much over the last couple of centuries. Does this mean the document is meaningless? No. Not in the least. While I do think we do need to work from principles, the continent-spanning empire we have now genuinely does have different needs than did those East Coast colonies.

To Support and Defend: Article One, Section One

In the light of recent events, and a sleepless night pondering what in the world I should be doing, my oath to support and defend the Constitution of the United States started poking at me pretty hard.

The problem came in when I realized that I don’t actually know the document all that well. It also occurred to me that I couldn’t possibly be the only person in that position, so why not read it and do the analysis publicly? Knowing the foundation of our country and how it was set up, understanding the framework for our laws cannot be a bad thing in any way, right?

As I mentioned before, I am a layman. I don’t even have a college education. Would a lawyer understand the precedent and subtleties of US Constitution better than I do? Of course she would! That’s fine. It still cannot be a bad start to look at the text as it is there, throw in a minor bit of history as I understand it and see where we go with it.

We went over the Preamble last week, but before we jump in, I want to go over how the Constitution is set up.

The US Constitution is broken down into seven Articles, each article having between one and ten sections. These sections describe what the government is set up to do, as well as loosely the process by which it will do it. After the main body of the Constitution, we also have the Amendments – thirty-three of them as of this writing. The Amendments are important. Showing a level of foresight rare for we impatient Americans, the framers of the Constitution recognized that as our country grew and changed, it was entirely possible that our needs would change as well. We have a method to change our minds. This is important. The Constitution is meant to be a dynamic document by design.

It also behooves us to think very, very carefully about what we want. We could amend the Constitution utterly to destroy the Republic. It’d be legal, and Yours Truly would be bound by her oath to go along with it. Make no mistake, this is a double-edged sword. We need to use it wisely. (Though keep in mind, we who have taken that oath? A movement to destroy the Republic might be interpreted as a domestic enemy, just sayin’.)

With that said, our next step is going to be really simple, and even easier to understand than that Preamble we discussed last week:

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.

There you have it. The power to make a law (legislative comes from the Latin word “legis,” meaning “law.”) of the United States of America is given to Congress. Congress has two sections – a Senate and a House of Representatives.

I’m not going to get into serious interpretation and interaction here yet because yes, there is a whole can o’ worms involving orders and decisions given by other branches of government. We’ll get to that as we go through this series, but I am building step by step and keeping it simple section by section. The whole point of this series is to show what is written down as the text of the Constitution. Yes, it’s simplistic. I also think that you do not come to understand anything deeply until you understand it at its most simplistic level.

Next week we will be talking about Article 1, Section 2 – This talks about qualifications for legislative office and discusses how we decide on numbers of representatives and several other things. This section is much longer and more complex.

Support and Defend: Our National Mission Statement

Recent events have caused me to think hard on an oath I took back in 1990:

I, Noel Figart, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

As I was thinking harder about it, I realized that while I’ve read the US Constitution, I certainly have not analyzed it in any great detail. Over the next several months, I am going to be taking the Constitution article by article, analyzing it and then giving my opinion about what is meant.

I am a lawyer? Nope. I am an absolute layman. If you read this series, please keep in mind that while I’m bright enough and a history buff, I am neither a professional historian nor legal scholar. I earn a vast majority of my living as a tech editor and computer applications instructor. This is going to be the Layman’s Interpretation of the US Constitution.

I am taking the text of the US Constitution from the National Archives. (Hey, a childhood spent in a Southern Baptist Church really did encourage citing versions for text analysis!)

Today we’re going to start simply – The Preamble. This part, like most people of my age group, I do have memorized. Hurrah for, Schoolhouse Rock!

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.

We the People of the United States is an interesting way to start this. Was People a narrower definition than “human being within our geographic confines?” Yeah, it was. But it was a defiance and a change, nonetheless. In breaking from England, we were saying that we are no longer subjects of a higher power – specifically a monarchy. We, collectively as the humans here, are making this statement and deciding for ourselves what we want to happen. This, my friends, is very much a national mission statement.

What is the mission statement for the United States of America?

  1. We want to perfect our government. The “more perfect union” was acknowledging that the Articles of Confederation that preceded the US Constitution wasn’t working out so well. That whole Union of States thing needed some help. This document is meant to help perfect that. This, to me, does mean that yeah, the US Constitution is meant to be dynamic. As our knowledge and understanding improves, we can perfect how we govern ourselves.
  2. We want to establish justice. One of the goals of our nation and government, in the first twenty words, is that we are to be a just nation. Do we ever fail at this? Yes. Circle back to the first part. The intention is that we continually try for a more perfect union.
  3. We want to ensure domestic tranquility. War on our shores an in our land was in recent memory. After justice, we want peace.
  4. We want to mutually defend each other and create a means by which to do so. We want to mutually protect ourselves from threats. “Defence” is not defined here, and at the time this really meant physical defense. The New World was a hot and lucrative property. We claimed it, nobody else was allowed to come take it. (Sorry, this ain’t all pretty.)
  5. We want to promote the general welfare.
    We want to make sure that We the People of the United States are doing okay. Welfare did have a standard of living connotation. The population should have enough to eat and opportunities for personal betterment. And frankly, content populations don’t riot. Hunger riots were in recent memory. (See Boston Bread Riot as an example)
  6. We want the advantages of a free society for ourselves and the future generations. What we decide, how we vote, what we choose should be done with an eye to those who come after us. What do we want for future generations?
  7. We want to use what we’ve written down here in this little document (it’s fewer than 5,000 words…) to be used to accomplish this. We are saying that we’ve put down what we’re trying to accomplish and we’re going to use the Constitution as a foundation document to do so.

That’s the first analysis. This is going to be a weekly column for a while, as I expect to be heading down the research rabbit hole once or twice. I’m going to try to keep this in small, digestible chunks – going by articles and sections before we get to individual amendments.

The Declaration of Independence: A Transcription

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.