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Archive for January, 2011

The Twelfth Amendment*

27 Jan

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.

This amendment was needed because of the problem that developed when a the man selected for President was from a different party than the person elected to be Vice-president.  Can you imagine what would happen if Al Gore was George W. Bush’s Vice-president or vis versa?

*The amendment above comes directly from the “U.S. Constitution Online” website: http://www.usconstitution.net/const.html# The comments related to this website were written by Stephen J.J. Mount.  You can read about him at:  http://www.usconstitution.net/sjjm.html

While I don’t necessarily agree with him on every point, I think this is a very good website for you to look at.

 

State of the States

23 Jan

Now that more than fifty percent of the states have joined together to challenge the constitutionality of ObamaCare, even the president must (or at least should) take notice.    One would think that some doubt must trickle through his veins about the acceptability of the health plan he helped cobbled together.  Further the vote in the House surely signals some major cracking of the political will needed to continue support of the program as currently written.

It is time to begin crafting a series of bills that takes on each of the major objectives one by one.  This time the process must be open to public scrutiny.  AND, each proposal must be readable (within a short period of time….no more 2,000 page behemoths), understandable (no confusing legalese) and limited to the essentials.  Compromise must come about based on arguments of the issues and not on finding ways to buy votes through earmarks.

Yes, on this issue, the state of the states can be heard loud and clear.  Sensitively turned ears will not have any difficulty getting the message.

Some inkling of just which horse the President will ride and in which direction will hopefully be made clear next week as his TelePrompTer guides him through his message.  We will see what we will see.

Will the State of the Union reflect the State of the States or not?  It should be interesting.

 

The Eleventh Amendment*

20 Jan

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This amendment was needed in order strengthen the states rights of each state.

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.

*The amendment above comes directly from the “U.S. Constitution Online” website: http://www.usconstitution.net/const.html# The comments related to this website were written by Stephen J.J. Mount.  You can read about him at:  http://www.usconstitution.net/sjjm.html

While I don’t necessarily agree with him on every point, I think this is a very good website for you to look at.

 

The Eighth, Ninth, & Tenth Amendments*

13 Jan

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.

So that’s the end of the Bill of Rights.  You’ll hear a lot about the Tenth Amendment as the ObamaCare law travels its way to the Supreme Court.  To me it’s pretty clear that Congress has overstepped its bounds.  Time will tell if at least five of the Justices agree with me or not.  It should be interesting.

*The amendment above comes directly from the “U.S. Constitution Online” website: http://www.usconstitution.net/const.html# The comments related to this website were written by Stephen J.J. Mount.  You can read about him at:  http://www.usconstitution.net/sjjm.html

While I don’t necessarily agree with him on every point, I think this is a very good website for you to look at.

 

The Seventh Amendment*

06 Jan

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.

This one is pretty important isn’t it?

*The amendment above comes directly from the “U.S. Constitution Online” website: http://www.usconstitution.net/const.html# The comments related to this website were written by Stephen J.J. Mount.  You can read about him at:  http://www.usconstitution.net/sjjm.html

While I don’t necessarily agree with him on every point, I think this is a very good website for you to look at.

 
 

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