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Lift your lamp beside the golden door, Break not the golden rule, avoid well the golden calf, know; not all that glitters is gold, and laissez faire et laissez passer [let do and let pass] but as a shining sentinel, hesitate not to ring the bell, defend the gates, and man the wall

Monday, September 26, 2011

US Constitution Article 1

Article 1: The Legislative Branch

Section 1 - The Legislature
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.

Section 2 - The House
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.

(Taxation and Representation)

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[2], three fifths of all other Persons[3].
[2] Modified by the 14th Amendment, section 2
[3] The Three Fifths Compramise: Christian Answers.net
Professor Walter Williams
"It was slavery's opponents who succeeded in restricting the political power of the South by allowing them to count only three-fifths of their slave population in determining the number of congressional representatives. The three-fifths of a vote provision applied only to slaves, not to free blacks in either the North or South."
The three-fifths clause was not a measurement of human worth; it was an attempt to reduce the number of pro-slavery proponents in Congress. By including only three-fifths of the total numbers of slaves into the congressional calculations, Southern states were actually being denied additional pro-slavery representatives in Congress. [ChristianAnswers.net]

The idea of counting slaves as 3/5ths a person was apposed by the South because it diminished representation and supported by abolitionist because the logical fallacy was thought to perhaps end slavery.
While there were a few Founding Fathers who were pro-slavery, the truth is that it was the Founders who were responsible for planting and nurturing the first seeds for the recognition of black equality and for the eventual end of slavery.

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, South Carolina five and Georgia three.
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.

Section 3 - The Senate

The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding words in parentheses superseded by 17th Amendment, section 1.) for six Years; and each Senator shall have one Vote.
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.) (The preceding words in parentheses were superseded by the 17th Amendment, section 2.)
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.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
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.
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.
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.

Section 4 - Elections, Meetings
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.
The Congress shall assemble at least once in every Year, and such Meeting shall (be on the first Monday in December,) (The preceding words in parentheses were superseded by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day.

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.
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.

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.) (The preceding words in parentheses were modified by the 27th Amendment.) 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.
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.

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.
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.
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 - Powers of Congress

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;

James Madison, Father of the Constitution, in a Letter to James Robertson 1831-04-20 
With respect to the words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators. If the words obtained so readily a place in the “Articles of Confederation,” and received so little notice in their admission into the present Constitution, and retained for so long a time a silent place in both, the fairest explanation is, that the words, in the alternative of meaning nothing or meaning everything, had the former meaning taken for granted.
- - -
http://912forum.com/showthread.php?p=16158
In his “Report on Manufactures” (1791), Hamilton disposed that the clause enlarged the power of Congress to tax and spend in the name of the general welfare as well as for other purposes not falling within other enumerated powers, a distinct power not delegated anywhere in the original intent, meaning and the written word of the Constitution.

    The General Welfare Clause was first interpreted in United States v. Butler in 1936, the beginning of the shredding of the Constitution by justices appointed by FDR and the onslaught of the progressive agenda. Justice Owen Roberts writing the majority opinion, agreed with Hamilton’s interpretation and held that the general welfare language in the taxing and spending clause constituted a seperate grant of power to Congress in areas over which it was not granted direct regulatory control.
but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

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

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

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

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;

[The Congress shall have Power] 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;
Congress recodified copyright in 1909, it dropped the limiting language, and protected all “works of art”—whether “fine” or not.

“It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations[1], outside of the narrowest and most obvious limits. At the one extreme some works of genius would be sure to miss appreciation. Their very novelty would make them repulsive until the public had learned the new language in which their author spoke. It may be more than doubted, for instance, whether the etchings of Goya or the paintings of Manet would have been sure of protection when seen for the first time. At the other end, copyright would be denied to pictures which appealed to a public less educated than the judge. Yet if they command the interest of any public, they have a commercial value—it would be bold to say that they have not an aesthetic and educational value—and the taste of any public is not to be treated with contempt.” 

-Justice Oliver Wendell Holmes, Bleistein v. Donaldson Lithographing Co. ( 1903)

[1] - http://www.edwardsamuels.com/illustratedstory/isc6.htm
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
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;
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
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 - Limits on Congress
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.
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.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
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.
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.
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.

Section 10 - Powers prohibited of States
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.
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.
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.
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Declaration of Rights & Responsibilities by Glenn Beck 8-24-11


As the American Declaration of Independence clearly states…when in the course of human events it becomes necessary for people to band together and collectively declare their rights and responsibilities to which the laws of nature and nature’s God entitle and bind them, a decent respect to the opinions of mankind requires that they should disclose the causes which impel them to such.
Therefore let us declare that we still hold these truths to be self-evident…that all men are created equal and are endowed by our creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness.  But with those rights come responsibilities.
In order to continually experience life, liberty and happiness as promised, nature’s God demands obedience to His law to protect those rights.  This is where we have fallen short and therefore, in order not to lose the blessings of freedom, the people of the world must turn from the sole focus on rights, and recognize the inherent and required responsibilities that we have.
Among the responsibilities to which we must adhere to maintain our God given rights are honor, courage and vigilance.
Over time, we believe that these basic human responsibilities have been trampled, and replaced with degradation, fear and apathy.
But when a long train of abuses of the people and conscience by the media and by other segments of society, pursuing the same path of reducing them to ridicule, scorn and even sub-human status, it is their right, it is their DUTY, to peacefully, but vehemently take a stand.
Men want to be kings…and the more we concentrate on our rights and the more we are told not to worry about our responsibilities, the more we lose our rights.
Just as physics show…for every action…there’s an equal and opposite reaction.  The time has come to declare that at least for the western world…human rights are generally accepted and moving in the right direction…however a new movement is required…a movement of human responsibility.
The media, politicians and large institutions…both academic and political…have been lying to us, and we must demand the truth be told.  With that demand, comes the responsibility that we tell the truth first, in ourselves.  Too many of us delegate our responsibility to the media…and too many believe there is no personal responsibility at all.
Political correctness has polluted our language and clouds our every discussion.
What was once accepted as good and right, is now considered bad and evil, and that which was bad and evil is now presented to the world as good and decent.
Opposing thoughts or opinions are referred to as crazy, insane, non-factual and utterly without merit.  Furthermore, we are told, they should not even be heard.
Now, the time has come to take a stand…by exhibiting the traits…honor, courage and vigilance.
What is honor?  It is being honest in all of our dealings.  It is showing loyalty and fairness, and being a beacon of integrity in all our beliefs and actions.  It is showing respect for others.
Ruth honored Naomi when she told her that she would not leave her.  That she would go wherever Naomi went, that she would live where Naomi lived and die where Naomi died.  Her God would be Naomi’s God.
Courage is the ability to face danger, criticism or scorn…not without fear, but while overcoming fear to deal with that which comes our way.  When no one else in the Kingdom wanted to face the mighty giant, Goliath, young David was willing.  David must have felt fear at the sight of his foe, but overcame it, and courageously vanquished his enemy.
Vigilance is being watchful for all forms of treachery and tyranny, lies and deceit.  The person in the watchtower, waiting all night, suddenly sounding the alarm that the enemy is coming…the careful observer of the markets and economies who proclaims to the world, all is not well, there is trouble ahead…and the outspoken critic of the powerful, going against societies’ grain, warning that all is not as we’re being told…these are the vigilant.
We implore all people to stand with these characteristics…honor, courage and vigilance.
To that end, we must restore honor in our own lives.  Seek after the truth.  Declare right now, that no longer will we simply accept what is told us by the media or anyone else.
The media has the responsibility to tell the truth…we have the responsibility to learn it.
Stand with courage…even if it means the end of our jobs, the end of our positions in life…or even the end of our very lives.
We must have the courage to be peaceful, while recognizing the courage to defend and respond to threats and/or attacks when necessary. Turn the other cheek when possible.
We must be vigilant.  We must think the unthinkable…the holocaust occurred because no one could imagine it…but evil never sleeps…and neither must we.
As Edmund Burke said, “all that is necessary for evil to triumph is for good men to do nothing.”  We must DO something.  Stand watch.  Speak up.  Become involved.
Thus, we the people do hereby declare not only our rights, but do now establish this bill of responsibilities.
1. Because I have the right to choose, I recognize that I am accountable to God…and have the responsibility to keep the 10 commandments in my own life.
2. Because I have the right to worship as I choose, I have the responsibility to honor the right of others to worship as they see fit.
3. Because I have freedom of speech, I have the responsibility to defend the speech of others, even if I strongly disagree with what they’re saying.
4. Because I have the right to pursue happiness, I have the responsibility to show humility and express gratitude for all the blessings I enjoy and the rights I’ve been given.
5. Because I have the right to honest and good government…I will seek out honest and just representatives when possible.   If I cannot find one then I accept the responsibility to take that place.
6. Because I have the God given right to liberty…
I have the personal responsibility to have the courage to defend others to be secure in their persons, lives and property.
7. Because I have the right to equal justice…I will stand for those who are wrongly accused or unjustly blamed.
8. Because I have the right to knowledge…I will be accountable for myself and my children’s education…to live our lives in such a way that insures the continuation of truth.
9. Because I have the right to pursue my dreams and keep the fruits of my labor…I have the responsibility to feed, protect and shelter my family, the less fortunate, the fatherless, the old and infirm.
10. Because I have a right to the truth…I will not bear false witness nor will not stand idly by as others do.
Unconditionally, while maintaining my responsibility to compassionately yet fiercely stand against those things that decay the natural rights of all men.
And for the support of this declaration, and with a firm reliance on the protection of Divine Providence we mutually pledge to each other our lives, fortunes and sacred honor.

Sociable