Since those taking political office and serving in the armed forces must pledge to support the Constitution, and every citizen informally / indirectly pledges to do so--those who become citizens directly--why this isn't taught every year in high school is beyond comprehension. The people who take office and pledge to serve this country are those that we vote for, ergo we must know the Constitution well enough to know what those we put in office are pledging to. This is the main reason behind why I've taken on this task of "spreading the word."
Keep in mind that this document was written a long time ago when there were a lot fewer people, more open prejudice, and ideas that have since run their course. As I cover the articles of the Constitution I will not cover all the points that have fallen by the wayside (ie: The three-fifths compromise, found in Article 1, Section 2, Paragraph 3, states that slaves were regarded 3/5 th of a person for tax purposes). These exceptions will be taken up in the twenty-seven amendments which will be covered some time later. I will touch upon a few but the Amendments will be handled specifically and one at a time.
I will also not be going into minor points that can merely be looked up in the thousands of books and articles on the Internet. My purpose here is to expose as briefly as possible the essentials of the Constitution to those who are unschooled in the essentials. I don't write to merely duplicate the detail that already exists and is ignored by the majority because of the work involved in deciphering its complexity. Hopefully, along the way I can provide some interesting if not thought provoking points that will connect to the majority.
But at the same time, I will attempt to keep the reader awake and engaged with pertinent and hopefully interesting points as well as using a little bit of the old tongue-in-cheek to point to the general human foilbles inherent in any work of man or woman, its inconsistencies, and, let's just get right down to it, the downright boredom of law. Some may find law constantly fascinating and enthralling but those couple dozen people already work in law. For those of us who find it dry, drab, boring . . . hmmmmmm, let's see, anything else? Yeah, just drop-dead, fall-asleep, IBM-technical manual unstimulating . . . well, I'm here to help.
Also, at times when sections become lengthy, I will include the specific Constitutional text merely as a point of reference. The first few articles are relatively brief. Some articles, especially 8, 9, and 10, will include more of the specific text because of their length. It would be difficult to follow along without the actual Constitutional text.
Let's get into it.
The Constitution consists of a preamble, seven articles, twenty-seven amendments, and a paragraph certifying its enactment by the constitutional convention. I will begin with the meat of the document, or those sections that set the guidelines for our US Democracy, the articles.
Article One lays out the legislative powers of the bicameral Congress (the lower house, House of Representatives, and the upper house, the Senate) or the "purse strings" of our government that part responsible for creating and modifying tax laws and levying taxes.
This is the longest article of the seven, most likely because
The Constitution replaced
The Articles of Confederation and Perpetual Union in which the framework for Congress-the legislative--had to a great deal already been laid out. Before the US Constitution was written there was no executive or judicial. Interestingly, Articles II and III, those explaining the executive and judicial are much briefer and less rigid.
Article One lays out the federal powers of Congress, among them the right to collect taxes, borrow money, regulate commerce, establish post offices, and declare war.
Section 1: The Legislature There are certain powers vested in Congress, but because of the separation of powers, Congress cannot delegate legislative authority to other branches. However, Congress has been given the power by the Supreme Court to delegate regulatory powers to executive agencies. It also has the power to investigate and compel cooperation with investigation, and even though the Constitution does not specifically mention this power, the Supreme Court has, once again, affirmed these powers. Herein one can see the interpretive and malleable "framework" nature of the Constitution. And even though the Supreme Court has broadly interpreted the investigative powers of Congress, the rights of those called before a congressional investigation (whether it be as an alleged communist or professional athlete who consumes performance enhancing drugs) are protected by the
Bill of Rights, the first ten amendments to the Constitution. Again, your checks and balances.
Section 2: The House The House of Representatives is the "People's House." To reside in the People's House, you need to be at least 25 years-old and to have been a US citizen for seven years, and when you get elected, will reside in that state from which elected. And you are elected "by the People of the several State," that would now be fifty not the original 13 (can you name them?), every two years.
So you may be asking, that's a quick revolving door. And that's the point, for you supporters of short terms. This way the members stay close to the people; this way they have a more difficult time building relationships that would empower them and lead to corruption. Not that all who become empowered are corruptible or corrupt, but there are always a number who go that route. So this is a very important point for those who support term limits. However, some complain that in constantly running for office that's what politicians will have to do, focus on running for office and not long-term goals. It's a basic you can't have your cake and eat it melodrama.
This section also lays out how taxes are to be "apportioned among the several states," and in order to do this, the population of the US is to be counted every 10 years.
Initially, this section of the Constitution said that the number of representatives shall not be greater than one for every 30,000 citizens. Today, that would be a lot of representatives, so the number has been set by Congress to a limit of 435.
This section also explains how the governors of a state that lose a representative can call a special election, and how the House of Representatives shall chose the Speaker of the House and other officers and shall have the sole power of impeachment.
Section 3: The Senate This section sets out the number of senators for each state, two, to be chosen by the legislature of a given state and that the term shall be for six years.
This section also explains how the terms of office for senators are rotated in three groups so that the entire Senate is not up for election at the same time. It also explains that if a vacancy occurs during recess the governor of said state may temporarily appoint a new senator until the next election.
We also discover where the VP of the United States will be spending most of his time. He's upped to President, President of the Senate, for the duration of his term in office. But don't get excited. According to John Adams, being President of the Senate meant little more than a glorified title of one who sat all day long trying to stay awake while men (and now women) droned on and on.
Here we find that the Senate will choose its own officers and President pro tempore or one who will stand in when the VP is absent. But, once again, don't get excited. This is more a ceremonial office, like the Queen of England, than one of power. The power of the Senate actually resides in the majority leader.
Here's a general laundry list of the remaining points of Section 3:
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 Concurence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than 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.
Section 4: Elections, Meetings This one's pretty straight forward. Congress sets for itself the time, place, and manor of holding elections for Senators and Representatives. (Remember, lawyers put this document together, and, as I've said before, this is not law code but a Constitution painted with broad brush strokes to enable amendment). However, Section four then says, "Just kidding." Well, mostly, for Congress can change time and manor but not place. However, the states provide the basic qualifications for voting in federal elections, but Congress may determine the procedures under which votes are cast.
Pretty basic housekeeping, not something you'll use in making your next voting decision; however, it may come in handy if you're playing Congress some time with your siblings and you want to play Election and Assembly; you'll be in the driver's seat.
Oh, one thing more. Congress tells itself that it should assemble once a year, every year and that meeting will be on the first Monday in December. But how long is a session? Well, it depends which bicameral part of Congress you're talking about.
Over a 30 year period, from 1969 to 1999, over sixteen sessions (91 st to 106 th ) the House averaged 287 days (longest session 350 days; shortest 137 days) while the Senate averaged 308 days over the same period (longest session 384 days; shortest 162 days); therefore, showing us that the Senate works harder than the House, and once again proving that the common man is lazier than the erudite elitist who works hard to make things happen with their bigger brains.
OK, just kidding. Doesn't tell us much, does it?
On with the sections.
Section 5: Membership, Rules, Journals, Adjournment 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. At one time, Congress refused to seat elected legislators even though they met the qualifications set out by the Constitution. Certainly, there were those who were elected and then it was discovered that an offense had occurred. However, it was determined by the Court that even if a member was voted out by a majority vote of the House or Senate that dismissal could not occur unless that offense had taken place during that member's term.
The lesson here for the kids? Simple. If you steal your brothers baseball cards or borrow your sisters slacks without asking, simply do so the last day of the school term, and if you're caught the next day, you'll be absolved.
Kids? (A loud cacophony of adolescents) "Thanks Congress!"
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. OK, Congress is made up of people, and yes, mostly men. Sorry ladies. I know you're catching up, but I pray you don't do so in this category: "disorderly behavior."
Back in the day, there was a very famous duel which you're aware of, yes? Hamilton vs. Burr. Hamilton had said some negative things about Burr's character--or as Burr would have said, slanderous--over a period of time, so Burr called him out. Hamilton accepted and the rest is history. (If you don't know that history, get a brief version of it on the "Got Milk" commercial.)
So you say, of course back in the day when men were less civilized, I can understand why Congress would need this passage included in the Constitution. OK, so you think Congress doesn't get physical? Think again.
In 2004, Rep. Cunningham was mistreating a congressional staffer, Rep. Jim Moran jumped in and shoved Cunningham into a congressional cloakroom. Then there's the more recent incident of Senator McCain allegedly engaging in fisticuffs with an Arizona Congressman. So what's a poor Congress to do with these testosterone enhanced politicians?
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. So you want to know what's going on in Congress? Many do, but then again, there's that part of the passage that says, "excepting such parts as may in their judgment require secrecy." We can only hope good judgment is used here, yes?
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. This makes sense, doesn't it? It's like when you go out of the house and you don't tell your husband, wife, kids, that you've left and haven't realized that one of the people staying home needs to get to the store to purchase medication for their cold. And by doing so, you have delayed the recovery of said individual and she is sick for her date, or he misses football practice, or she / he just doesn't like you leaving without saying and let's you have it when you get back. Well, to avoid all that stuff, both houses coordinate their schedules. Just like you should do in any household. You don't want a controversial measure avoided merely because you lack tact and skip out to do so, right? You get it. Let's move on.
Section 6: Compensation 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 . We have to pay these guys too? Certainly, but can you believe that Congress could vote itself a pay raise without review. Nice!
"Ah, Mr. Jensen, I'll be getting a 10% . . . No, wait a minute . . ." You say to yourself, "Let's see, bicoastal homes, new mercedes when it gets dirty, ah . . ." Out loud to your boss now, "Make that a 50% increase." Your boss with a great smile says, "Certainly, William. I'll get right on it."
Finally, in 1992 the 27 th Amendment was passed which said that Congress could vote itself a pay raise but it wouldn't take effect until after the next election of representatives. Ahhhhhh, you say. That will limit interest, sure enough. Because who wants to vote a pay hike if some other guy's gonna get it. Who cares, right Congress? No wonder this took so long to pass (amendment initially submitted in 1789), as you know, you don't mess with anyone's pay check, now do you?
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. This states that when Congress is in session that they are privileged from civil arrest, except for misdemeanors and felonies. Which means that they can be arrested for . . . well, a lot. Remember that we're dealing with lawyers here and loop holes. The point being that if an elected official in one house or the other gets arrested while he's in jail he or she is limited. Remember, these people are in charge of creating laws and a lot of important stuff. So if in prison, can a Congressperson vote? Maybe. To be sure, run this experiment: get a senator or representative arrested during a session and see what happens. There have been congressmen arrested for DWI, money laundering, but those are felonies, so I don't know of any who've got off because of Section 6. Call me if you find out.
Also, those in Congress can not be sued during congressional debate for slander.
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 increased 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. What's this you say? This section prevents Congress from gaining too much power and money. Just imagine if Congress could go around creating jobs and setting salaries for themselves. If that was the case, then it wouldn't be called Congress. It would be called Enron.
Section 7: Revenue Bills, Legislative Process, Presidential Veto 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. Basically, revenue bills begin in the House. The point being that
we the people would like to keep tabs on how Congress goes about raising money, meaning, the House is closer to the people so the bills begin here.
Don't believe me? OK. In the House there's not as much prestige as the Senate. Think about it. If you were looking to impress someone, would you like to say you're a Representative or a Senator? Ah, see?
But I'd like to pause a moment and really get to the meat of the issue here. Do YOU
ever watch CSPAN to see what's going on regarding our money? the raising of it or the taxing of it? I thought so. I'm probably one of the few who does watch CSPAN religiously. Certainly do. I watch five minutes and it puts me right to sleep. Great for my insomnia.
OK, here's one for you. While you're reading this, I'll be in the wings taking a nap. Go ahead, enjoy!
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. "Blub, blub, glub . . ." Sorry, you took way too much time with this one. I was into some serious REM when you nudged me awake.
Anyway
, this is how a bill becomes a law. If you need to know more about this, go watch School House Rock. What are you doing reading this for anyway? Didn't you pay attention all those Saturday mornings? Bad cartoon watcher! Bad!
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. This is the famous
Presentment Clause you're all familiar with . . . And it's just about . . .
(Author looking at all the blank faces.) No? I'm surprised. You've heard of the Beatles? Well then, what's wrong with you? This one's on the same level of popularity. Gesh, what's wrong with you people?
Anyway, it basically makes sure that the president gets involved in making bills.
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