Saturday, October 25, 2008

Article. I. - The Legislative Branch Note

Anything in parenthesis has been amended, the text in the block-quotes are the original pieces of Article 1.

Section 1 - The Legislature
All law given making powers will go to the Congress of the United States, Congress is to be made of a Senate and House of Representatives.

"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 will be made up of Members who are elected every two Years by the People of the several State, the people who elect the Representatives must meet the requirement for being an elector.

Nobody under the age of twenty-five can be a Representative, they must also have been a United States Citizen for at least seven years, and when they are elected, they cannot be living in the state they are elected to represent.

(Representatives and direct Taxes will be divided among several States which may be part of the United states, the amount of taxes and representatives given to each state will be determined by population when adding the total number of free people, even those in the military, but excluding the Indians who are not taxed, and counting any other person who three fifths.) The actual count will be made within the first three years after the first meeting held by Congress, and then every ten years after that first initial count, these counts will by law be held in any style as directed by those counting.

In the case that a state for whatever reason needs another representative, they Executive Authority will give the rights to elect someone to fill that position as representative.
The House of Representatives will choose their Speaker and other Officers; as well as have the power to impeach the those chosen.

"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.

(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, three fifths of all other Persons.) (The previous sentence in parentheses was modified by the 14th Amendment, section 2.) 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 will be made up of two Senators from each state, (that are chosen by the Legislature) they will remain Senator for six years, and are given one vote during any type of decision or election.

Immediately after a person is elected Senator they will be put into the third of three Classes which compose the Senate, the Classes are equally divided as best as possible, the first Class will be up for election after two years, the second after four years, and the third after six years, this is done so that the one third of the Senate is up for election every two years; (in the case that a Senator resigns, during the vacation of any person hold an office in State Legislature, the Executive may Appoint them to the temporary position of a Senator until the next time the Legislature meets.

Nobody under the age of thirty can be a Senator, they must also have been a United States Citizen for at least seven years, and when they are elected, they cannot be living in the state they are elected to represent.

The Vice-President of the Untied States will be the President of the Senate, but have do not get any vote in the Senate unless they are put into one of the three Classes of the Senate.
The Senate will choose their Officer, and also a President pro tempore, the President pro tempore will assume the position of the President of the Senate in the absence of the Vice-President, or when the Vice-Preisent is filling in for the President.

Only the Senate has the power to try all impeachments During an impeachment, the Senate is under Oath. When the President of the United States is going through impeachment, the Chief Justice is in charge, and nobody can be convicted and actually thrown out of office without the majority rule of at least two-thirds of the Senate.

The worst punishment anybody impeached can receive is to be removed from office, and disqualified to hold and enjoy any other Office of honor, Trust of Profit under the United States: however this is no way keeps them from the possibility of Indictment, Trial, Judgement, and Punishment or other appropriate punishments according to Law.

"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 time and location where the elections for Senators and Representatives are held will be decided by the Legislature of each State; but the Congress has the power to at any time alter these details, except for the location where the Senators are elected.

The Congress will meet at least once every Year, (the first Monday in December) unless they Lawfully choose a different day.

"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
The Senate and House of Representatives will be the judge of the Elections, and any Qualifications of their own members, each House will use majority rule to decide what will be the minimum amount of people required in order to do any business will be; but there will also be a smaller number that is the amount of people who can be absent from day to day, as well as sometimes do something about the Attendance of absent Members, in some way, such as to be given a Penalty according to the House they work in.

Each House can choose how they want to run things, and how Members should be punished for misbehaving, and as long as there is a two-thirds majority vote, even go so far as to expelling a Member from their House.

Each House will keep of Journal of everything that happens, and from time to time publish this journal as it is, except for anything that is Judged as something that should be kept in Secrecy; any decision that a Member makes about a question, may with the choice of at least one-fifth of those Present, can be entered into this Journal which can be published.

Neither the House of Representatives or the Senate, during a Session of Congress, will, without the Consent of the other, delay or in any avoid finishing the Session for more than three days, or continue in any other Place where both Houses will be present.

"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 will be paid by taking money from the Treasury of the United States.) No matter what the Case, except for Treason, Felony, and disturbing the Peace, a member of any House cannot be Arrested while they are are in the middle of a Session at their House, or going to and returning from the a Session at their House; at any Speech or Debate in either House, the Senators and Representatives shall not be questioned even if the Speech or Debate is held in a different Place other than the House of Representatives or House.

Neither Senators or Representatives can, during the Time they hold the position they were elected for, be appointed for a second government job that is under the Authority of the Untied States, otherwise the pay will be increased for working in both positions; and no Person working for the United States government, will be able to work as a Member of the House of Representatives or Senate will they still work in their other government Office.

"(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
Only the House of Representatives can create bills to raise Revenue; but the Senate can choose to agree or disagree with any of the Amendments from the House of Representatives the same way they would any other Bill.

Every Bill that passes through the House of Representatives and the Senate, will, before it becomes a Law, also be presented to the President of the United States; if he approves of this Bill he needs to sign it, but if not he has to return it, with his Objections to the House that came up with the Bill, who will then record any of those Objections into the Journal of the House. After the Bill is Reconsidered and modified and two-thirds of the House agrees to pass the Bill, it will then be sent, revised but with all the Objections, to the other House, where it will be reconsidered, and if two-thirds of that House passes the Bill, it will become a Law. In every Case, the Votes made by the Members of the House will be determined by if they agree or not, and the Names of the people who are for and against the Bill will be recorded in the Journal of the House each Member belongs to. If any Bills passed and presented to the President of the United States are not returned to the House within ten Day -Not counting Sundays- , it will become a Law, just the same way as if the President of the United States were actually to have signed it, the only exception is if the Congress has decided to hold onto the Bill to prevent it from being Returned, if this happens the Bill will not be turned into a Law.

Every Order, Resolution, or Vote that the Senate and House of Representatives need to agree on -except questions about taking breaks during a Session- will be presented to the President of the United States; and before it takes Effect, will be approved by the President of the United States, or if disapproved, then re-passed by getting two-thirds majority of both the Senate and House of Representatives to vote for the Bill, as long as the bill meets all the Rules and Limitations required that are given in the Case of a Bill.

"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
Congress has the Power To:

Lay and collect Taxes, Duties, required taxes or fees and taxes on materials that the whole country has, to pay the Debts and provide for the common Defence and general opportunity for prosperity that is offered by the United States; but all Duties, required taxes or fees and taxes on materials that the whole country has will be the same throughout the United States;
Borrow money on the credit of the United States;

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

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

Coin or print Money, determine how much it is worth, and the exchange rate for foreign money, as well as say what Standards of weights and Measurements will be used.

Provide for the Punishment of creating fake loans and money of the United States;

Establish Post Offices and deliver routes;

Promote the Progress of Science and useful Arts, by offering Copyrights that will last for a given limited amount of Time;

Constitute smaller Courts that are not as important as the supreme Court;

Define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

Declare War, grant proposals of war for a valid reason and attacking back for a single incident before entering war, and creating Rules about Captures on Land and Water;

Raise and support Armies, but no assets or money from this will be spent on the same exact thing for more than two consecutive years;

Provide and maintain a Navy;

Make Rules for the Government and Regulation of the land and naval Forces;

Provide the resources that the Military needs to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Provide for organizing, arming, and disciplining the Military, and to control their life to the extent that they are Serving for the United States Military, sending those Serving to the States where they are needed, the Appointment of the Officers, and the Authority of training the Military according to the discipline prescribed by Congress;

Be the only people who can create Laws, in a District like Washington D.C. -but in a District that is not over ten square miles- that meets that requirement, by giving up rights of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to have and use the same power over all Places purchased by the Consent of the Legislature of the State just as, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

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.

"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;

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;

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;

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
Congress cannot:

Limit anybody which the States agree is suitable to emigrate into the Union, and those who do emigrate cannot be prohibited by the Congress before the year 1808, but there may be tax for emigrating, but it cannot be more than ten dollars for each Person who emigrates into the Union.

The privilege to prosecute without justification shall not be taken away, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Create Bill that takes away Civil Rights or is convicts for something that has previously occurred shall be passed and turned into a Law.

(No capitation, or other direct, Tax shall be laid, unless in it goes along with the Census or count herein before directed to be taken.)

Make a Tax or Duty to be laid on Articles exported from any State.

States cannot be favored in any way over another State: nor shall Vessels that belong to, or are from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, unless it is ordered or required by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money will be published from time to time.

Deem any Person noble by the United States just because they were born into a certain family or wealth: And no Person holding any Office of Profit or Trust under them, will, without the Consent of the Congress, accept any present, pay, Office, or Title, of any kind whatever, from any King, Prince or foreign State.

"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 proposals of war for a valid reason and attacking back for a single incident before entering war; coin Money; eliminate unpaid bills or loans; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill that takes away Civil Rights or is convicts for something that has previously occurred, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any taxes or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and taxes, 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 Control 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.

"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."

No comments:

Post a Comment