Jul 292010
 

 constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII
Articles IX and X
Articles XI and XII
Article XIII
Article XIV
Article XV
Article XVI

 

[Article XVII]

1:  The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.  The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

2:  When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies:  Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

3:  This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

The Seventeenth Amendment, adopted in 1913, provides for the direct election of Senators by popular vote, when previously, they were chosen by state legislatures.

It is only controversial today, because some Republicans want to repeal it.  I find that quite ironic, because they insist that they are the champion of individual rights.  OOPS!  I suppose we just caught them in another lie.

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.

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Jul 282010
 

 constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII
Articles IX and X
Articles XI and XII
Article XIII
Article XIV
Article XIV

 

Article XVI

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

The Sixteenth Amendment allows the collection of income tax.  It allows a single day of true bipartisanship each  year.  On April 15, both Republican and Democratic voters feel the same pain between the nether cheeks.

There are some areas of controversy.  Republicans want to roll back the biggest middle class tax cut in history, passed in the stimulus, despite the fact that it was paid for in the budget,  They also want to extend the Bush tax cuts for the rich, at a ten year cost of $768 billion, despite the fact that it was never paid for in the budget.

Another area of some controversy is that some believe that the Sixteenth was never properly ratified.  I have researched this, and the evidence points to proper ratification, but I found no conclusive proof for that.  Nevertheless, the matter has been litigated more times than a DINO’s GOP flea count, and no tax protester has ever won on these grounds.  So only those so stupid that they give credence to the absurd, like Obama was born in Kenya, have an excuse for believing they are going to get out of paying taxes this way.

Republicans prefer a flat tax, because it favors the rich.  They argue that the current code is bloated.  On that, they are correct.  I’m 62 years old, and I read at a pretty good clip.  Had I started reading the tax code at age 18, and read sixteen hours daily without breaks, I would not live long enough to finish.  However, because an income tax can be progressive, that is the best solution.  The bloat comes from loopholes for the rich and corporate welfare.  We can eliminate them to simplify the code.

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.

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Jul 272010
 

constitution 

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII
Articles IX and X
Articles XI and XII
Article XIII
Article XIV

 

Article XV

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The Congress shall have power to enforce this article by appropriate legislation.

The Fifteenth Amendment extends voting rights to African American, including former slaves.  Prior to 1964, Democrats used various means, such as poll taxes, literacy tests, and sometimes force to disenfranchise non-white citizens.  In 1964, LBJ passed the Voting Rights Act.  The Republicans welcomed the Dixiecrats and adopted their racist policies to get control of the south.  They now form the GOP base and continue to disenfranchise minorities at every opportunity.

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.

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Jul 262010
 

 constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII
Articles IX and X
Articles XI and XII
Article XIII

 

Article XIV

1:  All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

2:  Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.  But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

3:  No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.  But Congress may by a vote of two-thirds of each House, remove such disability.

4:  The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.  But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

5:  The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

The Fourteenth Amendment contains several points of controversy.

Section 1 declares that all people born in a state are citizens of both the US and that state.  It forbids states from passing and enforcing legislation that abridges the rights of citizens.  This is controversial, because Republicans want to strip the citizenship from so called “anchor babies”, the children of the undocumented born in the US.  They whine that these children consume resources that should only benefit American families and that the accident of their birth here does not make them Americans.  To them I say that the we are all citizens by the accident of our birth here.  Since red states consume public resources at a higher rate than they contribute, Republicans are no more deserving of citizenship than those they despise.  But stripping their citizenship is unconstitutional, as is stripping the citizenship of the children of the undocumented born here.

Section one continues to guarantee due process.  This is controversial on a nonpartisan basis, because the IRS regularly deprives people of property for income tax delinquency without due process, leaving it up to the victims of this practice to prove that they are not delinquent.  Even then, people only recover the auction price the IRS received for the property, not its fair market value.

Finally Section 1 guarantees equal protection of the law.  This is controversial, because Republicans support racial profiling in violation of this guarantee.  Also, Republicans have repeatedly used illegal means to disenfranchise poor and minority voters.

Section 2 removed the 3/5 person valuation of African Americans in the census, and counted all males, 21 and over for determining levels of representation.  It also reduces that number for disenfranchised individuals.  Racist disenfranchisement, Democratic before 1964 and Republican since, has been all but ignored.

Section 3 bars public service to any who had violated a previous oath to support the Constitution and then joined the Confederacy.  It is not controversial, because it no longer applies.  It could be in the future, should Republicans follow through on their threats of secession and/or Second Amendment solutions.

Section 4 validates Union debts and invalidates both Confederate debts and claims of loss through the emancipation of slaves.  It is no longer controversial.

Second 5 provides for enforcement.

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.

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Jul 222010
 

 constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII
Articles IX and X
Articles XI and XII

 

Article XIII

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Congress shall have power to enforce this article by appropriate legislation.

The Thirteenth Amendment is simple.  Through this, Lincoln brought slavery to an end.  There is little controversy over this.  Sure, there are a few red state folk that think the Civil War continues to this day and want slavery back, but they constitute a tiny minority of Republicans.  Back in those days Republicans were actually the progressives, and most racists were well entrenched in the Democratic party.  When LBJ passed the Civil Rights Act, Southern Democrats, called Dixiecrats, deserted the party.  The Republican party welcomed them.  Therefore African Americans became Democrats, so the party roles have reversed.  Today’s Republicans no longer want to own slaves.  Under slavery, masters were responsible for feeding and housing those whom they exploited.  Today’s Republicans have learned that economic exploitation without ownership is far more profitable.  As long as they can keep those whom they exploit powerless, they get the benefits of slavery without even the woefully meager responsibilities slavery required.

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.

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Jul 212010
 

constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII
Articles IX and X

 

[Article XI]

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 Eleventh Amendment clarifies Article III, Section 2 of the Constitution.  It provides that states do not have sovereign immunity against lawsuits from citizens of other states.  Federal courts this have the power to hear both cases in law and cases in equity against states brought by private citizens.  To the best on my knowledge, this is not controversial.

[Article XII]

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.

The Twelfth Amendment replaces Article II, Section I, Clause III of the Constitution, changing the way Presidents and Vice Presidents are chosen.  Before, the runner up in the presidential  became the VP.  The Twelfth changes that so the electors now cast separate ballots for President and Vice President, clearing the way for candidates to run on a ticket.  Unlike today, it was still possible for electors to choose a President and Vice President from different parties.  This is interesting from a historical perspective, but not controversial, because it has been changed.

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.

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Jul 202010
 

constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII

 

Article [IX]

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

How often do you hear the Republicans parrot, “The right to ________ is not in the Constitution, so you don’t have it.”?  Recently I’ve heard it applied to privacy, integration, women’s reproductive rights, appeals, and more.  The Ninth Amendment  these Republicans lie. We have several rights that the Constitution does not enumerate.  One is the right to the pursuit of happiness from the Declaration of Independence, although in my younger days, I was more inclined to interpret it as the happiness of pursuit.

Article [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.

The Tenth Amendment draws a line between Federal and State powers.  It becomes controversial over federal funding.  For example, the federal government may not dictate speed limits on Interstate highways.  However they can offer funding for those highways, contingent on states accepting 55 MPH.  NCLB was interesting, because the Republicans mandated the program under the threat of withdrawing funding states were already receiving.  Then they cut the funding anyway.  GOP secessionists claim that the Tenth gives them the right to secede.  If it does, the first Republican put that notion to rest.

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.

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Jul 192010
 

constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII

 

Article [VIII]

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

The Eighth Amendment is pretty straightforward.  Exactly what constitutes “excessive” is purely subjective.  The interpretation has changed over time and will continue to do so.  There can be no doubt that torture is cruel and unusual punishment, and that adds the Eighth to the list of things in the Constitution that Republicans have violated.

The controversy in this Amendment arises over capital punishment.  In my opinion, it has been constitutional for most of our national history, but is rapidly becoming unconstitutional.  To be unconstitutional a punishment must be both cruel and unusual.  Few things are more cruel than snuffing out the life of defenseless individuals, regardless of what crimes  they may have committed, unless it is mandatory to preserve public safety.  Life imprisonment without possibility of parole removes that mandate.  Nevertheless, for most of our nations history, capital punishment has been the usual means for dealing with the most egregious crimes, worldwide.  However that is changing.  Virtually every civilized nation on earth has outlawed the death penalty.  Only eighteen nations executed prisoners in 2009.  The US ranked fifth behind only China, Iran, Iraq and Saudi Arabia.  Therefore capital punishment is unusual as well.  There are other constitutional issues surrounding capital punishment, but they do not involve this Amendment.  Republicans favor expansion of capital punishment and elimination of the rights of criminal defendants in capital cases.

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