Constitution: Article I, Sections 6-10

We are going to over the Constitution and its Amendments line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  The text comes from The US Constitution.  It will be displayed in black, while my comments will be indented in blue.  Earlier articles include:

Preamble – Article I, Section 10

 

Article I (Cont’d)

Section 6

1:  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.

I hate to admit this, but the the arrest of Larry Craig in the Minneapolis Airport may have been illegal, since his crime was a misdemeanor, not a felony.

2:  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.

Section 7

1:  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.

2:  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 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.

The proper places for Presidential objections to a bill are in vetoes, not signing statements instructing the executive branch not to enforce parts of the bills.  Even though Obama is Commander in Chief, he lacks the Constitutional authority to outlaw the enforcement of DADT, because it was imposed by Congress.  Congress must repeal it.

3:  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

1:  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;

Since Congress has the power to provide for the General Welfare, GOP claims that entitlements, such as health care reform, are not legal.

2:  To borrow Money on the credit of the United States;

This is the power they love most to exercise.

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

GOP claims that trade between states falls under states rights are false.

4:  To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

The Federal Government sets immigration policy, not Arizona.

5:  To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Therefore, Congress should have oversight of the Fed.

6:  To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

7:  To establish Post Offices and post Roads;

8:  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;

9:  To constitute Tribunals inferior to the supreme Court;

This includes the system of federal Appeals and District courts.

10:  To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

This clearly shows that consideration of international law is Constitutional.

11:  To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

12:  To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

13:  To provide and maintain a Navy;

14:  To make Rules for the Government and Regulation of the land and naval Forces;

15:  To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

16:  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;

This and Section 15, set control of the Militia, except for officer appointment and training, in federal hands.  The so-called private militia groups are not militias.

17:  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

Washington, DC is that district.

18:  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

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 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.

This allowed the slave trade to continue until 1808.

2:  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.

This renders those provisions of the ill-named PATRIOT Act illegal, as no rebellion or invasion is in progress.  SCOTUS was wrong on this issue, because their extreme ideology outweighed our Constitution.

3:  No Bill of Attainder or ex post facto Law shall be passed.

A Bill of Attainder targets specific individuals or groups.  An ex post facto law includes punishment for acts committed before the law is passed.

4:  No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

Income tax is an example of this, but is allowed by a later Amendment.

5:  No Tax or Duty shall be laid on Articles exported from any State.

6:  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.

7:  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.

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.

Bush is still crying over this one.

Section 10

These provisions are the ways in which the Confederacy violated the Constitution.  States may not become or act in the manner of nations.

1:  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.

2:  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.

3:  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.

I shall try to put up a new article in this series almost every day.  It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.