Posted by tx on May 30, 2009 under Home Page, US Constitution | 
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.
Under Section 9 there is the following statement: “No Tax or Duty shall be laid on Articles exported from any State”. How then would it be possible for a “value added” tax to be applied to manufactured goods which are exported from one state and imported to another state? Did the original intent on that statement have to do with articles exported outside the United States and not among the states?
The next statement is also interesting: “ nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another“. One could reasonably argue that this would also deny any imposition of a value added tax. What do you think? Does the Congress of the United States have the authority to pass a value added tax on every manufactured product, farming product or service that crosses state boundaries?
Posted by tx on May 27, 2009 under Home Page, US Constitution |
The following section of the Constitution states the powers given to the legislative branch of our government. While much recent legislation appears within these powers, why do I feel that our national Congress has overstepped its bounds? Where in this section of the Constitution is there any mention of “universal health care”, “social security”, cap and trade”, “foreign aid”, among others which have bankrupted our nation? Does Congress grant itself powers by a liberal interpretation of “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” ? What do you think?
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; 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.
Posted by tx on May 25, 2009 under Home Page |
Today in Georgetown there were public events to honor our fallen veterans. At one of the events, Senator John Cornyn was scheduled to speak. Wreaths would be placed at the Williamson County Memorial Wall and the parents of Matthew Morris, who died last year in Iraq, would be in attendance.
There was another ceremony in our little town, one that I chose to attend. It was a simple ceremony at Our Lady of the Rosary Cemetery very close to my parish church. The ceremony began with a prayer and a short homily given by a Catholic priest. A Boy Scout troop led the almost 100 people who attended in the Pledge of Allegiance as the American flag was raised. Then a group of men who belong to the Knights of Columbus, a fraternal organization affiliated with the Catholic Church, led the attendees in the singing of “America the Beautiful”.
“For nearly a century, the Knights of Columbus has supported the men and women of the United States Armed Forces. Since before World War I, the Knights of Columbus has provided for the spiritual and temporal well being of our servicemen and women…American veterans of every campaign since 1916 can attest to the K of C’s faithfulness to its principles of charity, unity, fraternity and patriotism while ministering to the spiritual and temporal needs of military personnel at home and abroad.”
The Knights of Columbus dress in very ornate uniforms. Each man wears a black suit (tuxedo), black shoes, baldric (a belt worn over the shoulder to hold a weapon), white gloves, a cape with a lining of different colors ( colors of cape and chapeau denotes the office held) and a chapeau (bicorne hat) with white or colored feathers. Each man carries a sword.
After singing “American the Beautiful” the Knights led all of the attendees in procession, stopping before the graves of each of the fallen veterans. The Knights made a circle around each veteran’s grave, prayers were recited aloud and a flag placed on the grave. The fallen veteran was saluted with the raised swords of the Knights. This procession continued throughout the cemetery until all veteran’s graves had been prayed over and marked with flags. The ceremony concluded with the singing of “God Bless America”.
It was wonderful to see those who attended stopping by the veterans graves after the conclusion of the service and giving their own individual prayers, studying the names, wondering about the years of the veteran’s service, about the life he or she lived. Our Memorial Day morning was very prayerful and respectful, affording to the veterans buried in a little cemetery in a small town a measure of well deserved honor.
While these words are not enough, they are all that I have to give — To all of America’s veterans – “Thank you!”
Posted by tx on May 23, 2009 under Home Page |
TO OUR AMERICAN HEROES
Though you may be beyond the sound of our voices,
resting now in the arms of God,
know that we are grateful for your sacrifice and your service.
You gave your precious lives that all Americans might live free.
We will never forget how valuable a gift you gave to all of us!
To those of you who also served and lived to come home,
thank you and welcome home.
Your courage and determination,
your very presence,
makes our country a more noble place.
Posted by tx on May 21, 2009 under Home Page, US Constitution |
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.
Here again are ideas which most of us understand from our history and civics classes. Only the lower chamber, the House of Representatives, has the power to originate revenue bills. However, the Senate has the right to propose amendments to those revenue bills. Both houses must agree to the bills and the President must sign before the bills become law.
I found it interesting to read about the information which must be recorded in the Congressional Journal — names of the persons voting and how they vote on particular bills. If the President does not sign the bill within ten days (except Sunday), the bill passed by both houses of Congress becomes law without his signature unless Congress adjourns during the same ten day time period. This Section of the Constitution also describes how the Congress may over-ride a Presidential veto.
Posted by tx on May 19, 2009 under Home Page |
Our national organizer, Jacob Roecker, wrote this today.
“The Declaration of Independence argues that an illegal rebellion is in fact a legal one. The way it does this is by stating that each human soul has rights given them by GOD, not a king. These rights, being issued by God, trump any earthly law or standard for government. Our founding fathers pledged their lives, their fortunes, and their sacred honor in order to sign that document. One reason was because that was what it took to have it be successful. Another reason is because if you declare that someone has their rights from God, and you choose to represent their sacred, God-given, rights it requires your sacred honor.
Sacred honor is something beyond the reproach of any earthy form of government. It is between an individual, their conscience, and their God. They are free to define their God according to their own abilities. Their relationship with the supreme being is something personal, and when taken seriously this should be a humbling thing to ask for when committing to these principles and values. Only God can take away your honor, and it seems to me he does this through our individual choices, not on his whims. “
I had an email conversation earlier today about the second of our nine principles which reflects a belief in God. The writer stated that the Constitution does not require a belief in God. That is true, however, a study of the framers of the Constitution would reveal that they believed in a higher power (God) who gave man “inalienable rights to life, liberty and the pursuit of happiness” as defined by them in the Declaration of Independence.
Benjamin Franklin, one of the framers of the Constitution, wrote in his letters and speeches to the Constitutional Convention that he believed that without a moral and ethical background, i.e., religious belief, it would be impossible to maintain our republic. The framers believed that only a moral and ethical person would protect the Constitutional principles and refrain from subverting the government to the individual’s private aims.
The religious beliefs at the time of the Constitutional Convention were Judeo-Christian ones and were based on the Christian Bible. History records that many of the original 13 colonies were founded on religious principles. Several colonies, Massachusetts, Pennsylvania and Maryland in particular, were founded for a religious group’s freedom to worship God in their particular way.
As to the writer’s further assertion that the Founding Fathers wanted a “clean separation of church and state”, this has been misinterpreted for quite some time. Benjamin Franklin and others believed that some religious instruction should be given in schools in order to build a moral and ethical citizenry. This was stated in at least one of Benjamin Franklin’s letters. The Founders, however, did not want an official state church as existed in England at the time of the American Revolution. The separation of church and state clause was directly related to an “official state church”.
Jacob Roecker goes on to say: ” I would like to caveat that without God, and the rights he has given us as individuals, the rebellion against King George was illegal. The rebellion was only legal if God exists, and we recognize that our rights come from Him. The next time someone argues to take God out of what we’re doing, our schools, or off of our money be sure and tell them that if we remove our acknowledgement of his existence, then we remove our right to be a sovereign nation. “
What do you think? How does religion and religious freedom combine with our United States Constitution? What is the proper relationship between government and religion? Is religous instruction necessary, as Franklin stated, to build a moral and ethical citizenry? From where do morals and ethics come?
Posted by tx on May 18, 2009 under Home Page, US Constitution |
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.
This section of the US Constitution describes the overall process of passing a bill and having it approved by both houses and then by the President. If the President vetoes the bill upon receiving it, the bill is returned to the originating house. The process by which both houses may over-ride the President’s veto is then described. If the President neither signs a bill nor vetoes it after 10 days, the bill becomes law.
I have seen this latter happen only a couple of times. The President will refrain from vetoing a bill if he know that Congress has sufficient votes to over-ride his veto. Rather than get into a fight with Congress that the President knows he cannot win, he will oftentimes just let the bill pass without his signature. I believe that the President should have the courage of his convictions, vetoing a bill even if he knows that Congress will over-ride him. What do you think?
Posted by tx on May 16, 2009 under Home Page, US Constitution |
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.
Amendment 27 Limiting Congressional Pay Increases was ratified in 1992. It states that no law varying the compensation for legislators shall take effect until an election shall have intervened. The term “emolument” means the salary of an employment.
The salary of our federal legislators in 1789 was $6 per day and did not increase until 1815. Today our federal legislators receive $174,000 per year with the top 6 individuals in the legislature receiving an extra amount. This does not include funds for office staff and equipment, travel on military aircraft, a retirement system which pays them full salary for life after they retire and health care benefits that are far above what is being offered to the citizens.
Speaking before the Constitutional Convention in 1787, Benjamin Franklin said “Sir, there are two passions which have a powerful influence in the affairs of men. These are ambition and avarice—the love of power and the love of money. Separately, each of these has great force in prompting men to action; but, when united in view of the same object, they have, in many minds, the most violent effects. Place before the eyes of such men a post of honor, that shall, at the same time, be a place of profit, and they will move heaven and earth to obtain it….. And of what kind are the men that will strive for this profitable preeminence, through all the bustle of cabal, the heat of contention, the infinite mutual abuse of parties, tearing to pieces the best of characters? It will not be the wise and moderate, the lovers of peace and good order, the men fittest for the trust. It will be the bold and the violent, the men of strong passions and indefatigable activity in their selfish pursuits. These will thrust themselves into your government and be your rulers.”
Benjamin Franklin goes on to say: “Besides these evils, sir, tho we may set out in the beginning with moderate salaries, we shall find that such will not be of long continuance. Reasons will never be wanting for proposed augmentations; and there will always be a party for giving more to the rulers, that the rulers may be able, in return, to give more to them.”
You can read the rest of his speech at http://www.bartleby.com/268/8/12.html.
What a wise man he was! Remembering what Benjamin Franklin said, looking at some of men and women who have been elected to government offices and the problems we are facing, is it not time to demand a new standard for those who serve us? Join us in raising the standards of those we elect to serve us.
Posted by tx on May 14, 2009 under Home Page |
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 Choosing 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.
Most of us, me included, are familiar with these two sections. We have heard of quorums. We know that elections for the houses of Congress have been set by the federal government, although originally that power was left to the states. We know that Congress meets every year and that it has specified certain days for the legislators to return to their home states to speak with their constituents. A record must be kept of the proceedings, and the Yeas and Nays of the members must be entered into the records as long as one fifth of those present desire it. So does that mean that without that agreement by one fifth of the members present, no record of the vote is necessary?
There are a number of misspellings in the original document. For example, the word “choose” is spelled “chuse” in the original document. That was the spelling of the word at the time the Constitution was written. I have corrected to spelling of “chuse” to reflect the current use.
Posted by tx on May 13, 2009 under Home Page |
I will be sending Representative John Carter a letter this week asking him to sign our contract and pledge to abide by the 9 principles and 12 values which have made the United States a great nation. I am posting this “youtube” video today, so that you all can see him “in action”. We will return to our study of the Constitution tomorrow.
“>
