Tag: american government

Posted in American History, essay, history, Politics

The Constitution: Article One (Part Two)

Posted on by sokorra

In our previous post, I talked about Article One’s second section, which developed the House of Representatives.  The third section likewise develops another branch of the government

Section Three:  The Senate

In the Articles of Confederation, our original constitution, there was only a single body legislative branch.  It gave each state one vote, with the ability to have a delegation team making said vote.  Many people wanted to keep this when they sat down to revise and come up with a new Constitution.  The Senate is inspired by the Ancient Roman equivalent, which each region had  Senator representing them.  These were meant to be wise statesmen who had the best interests of their people at heart.

Well, in compromise with those who wanted more democracy and less republic, they made two.  The House of Representative which contains representation by population, and the Senate which has representation by set amount.

Under Section Three, the senate gives each state two votes.  This has not changed.  We continue to have 2 Senators per state admitted to the union (So the first Senate had 26 Senators.  much smaller room then the 100 Senators we have now.)

Each Senator had to abide by a few guidelines.  They had to be over 30,  been a US citizen for at least 9 years.  This was important because when the nation first started, there were no technical “naturally born” US Citizens as the country hadn’t existed at the time.  Now, it allows for immigrants to be a part of their new country’s government.  

Term limits were given at 6 years per term to provide them an ability to avoid being caught up in short term trends and fads on the political scene.  Starting during the first congress in 1789, they began a three class rota of elections (Class A would be elected the first 2 year election, Class B would be at 4 years, class C would be at 6 years, this making sure that every six years we didn’t end up with all our Senators running for re-election.

Section three also talks about the Senate leadership.  The House of Representatives chooses their own head, known as the Speaker of the House.  The Senate on the other hand does not, instead the Vice President (and Section 3 is the first to mention the post) is the lead officer.  There are various other leadership positions that are elected by their fellow senators but the Vice President presides over the Senate, only voting when there is a tie.

When it was originally written, the constitution supplied Senators by appointment rather then public elections. They were voted on by the state legislatures.  However in 1913, this was changed to public elections with the 17th Amendment, which we still hold. It also allowed for the Governor to have a election to fill the spot if there was a vacancy for some reason during a non election year.  Originally they could only fill the vacancy until the next meeting of the legislature who when then choose who would fill in.

The Senate also has the power to try all impeachments made by the House of Representatives.   I have decided that because it would take up a lot of space to do a separate post on Impeachment.  In summary however, the basic process is the House makes the charge, and then the Senate is the jury/judge.  

The Senate convened for the first time, according to their website, on March 4, 1789 in New York City’s Federal Hall. It had to wait till April 6 to complete business, as that required that half +1 of the elected were present.  (Currently that would be 51 people).  Their first act was to elect a doorkeeper, who kept the public out till the Senate was open for public viewing in 1790, and afterwards kept the galleries in order as well as make sure any shipment of Senate materials be kept in order as the Capital changed.

That position still exists, actually.  Currently it is held by Frank J. Larkin.  The position is elected by the Senate and serves as an officer of the law, protocol enforcement, and administrative managing.

Further Reading/Sources

The US Senate: Origins and Development (Senate.gov)

Senators of the 114th Congress (Senate.gov) – You can find contact information for your senator here.  They have it available to filter by class, state or last name.

Office of the Sergeant at Arms and Doorkeeper (or the dude who does everything but sit and vote) (Senate.gov)

The Constitution (2007 Edition, GPO.gov)

The Articles of Confederation (Yale Law School: Lillian Goldman Law Library)

 

Posted in American History, history

Happy Independance Day

Posted on by sokorra

Today is the American holiday celebrating our declaration of Independence from Great Britain and aliens. We celebrate by eating copious amounts of food, singing Bruce Springsteen, and blowing up sparkly gunpowder in the sky.

On an interesting note, it is neither the day we choose to declare independence (that was July 2nd), nor the day we finally won it (that was September 3, 9 years later).  Its not even the day the war started. That was earlier, in April of the previous year.  The day the treaty following the war was ratified was May 12, 1784.

What does this day actually celebrate?  The formal release of the Declaration of Independence, which had been written earlier in the month but had to have some revisions done.  On July 4, 1776, we formerly declared that we wanted Independence from Great Britain.  (except Delaware forgot to sign so it took till August 2nd for everything to be completed).

After 8 and a half years of fighting, and several months of talking it was formally recognized that the American Colonies, now called the United States, had won their freedom.

Not that it was the end to our growing pains, but thats a subject for another day.

Happy Fourth of July to all my American readers and all alien fighters.

Posted in American History, essay, history, Politics

The Amendements: The Unratifieds

Posted on by sokorra

There are several amendments that have not passed congress.  There are amendments that passed but failed to ratify before their time was up.  And there is even one or two that are still floating around timeless from the 1700s.

Since there are several of them, I’m going to put them under a read more due to length.

Continue reading “The Amendements: The Unratifieds” →

Posted in American History, essay, history, Politics

The Amendments: Twenty-Seven

Posted on by sokorra

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

(source)

This amendment is interesting.  It is the last amendment passed, yet it was one of the first suggested.  It was originally proposed in 1789.  That was 227 years ago.  It was only ratified in 1992, which was only 24 years ago.  James Madison proposed it, yet somehow it took (according to wiki) 202 years, 7 months, and 12 days to ratify.   Seven states ratified it by 1792 (almost half the states in the nation at that time).  However, the ratification process seemed to lag just behind the increase of states, requiring it to need more and more states.

There are currently only 4 states that have never ratified it.   Massachusetts, Mississippi, New York, and Pennsylvania.  Not that they really need to – its already law.

It was a bit of a controversy when it finally became ratified, as Congress had never dealt with a 200 year old amendement.  Some wanted it reviewed for validity.  However the Supreme Court held that any amendment not given a ratification deadline can be ratified at any point.

 

 

Posted in American History, essay, history, Politics, Television shows

The Amendments: Twenty Six

Posted on by sokorra

This is a relatively easy amendment to talk about as it simply is that people, ages 18 years or older, are allowed to vote.

SECTION 1

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

SECTION 2

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

The amendments spend quite a few words on reminding us that we have the right to vote.  Previous amendments have added that it doesn’t matter what our race, gender, or ability to pay fees are, we have the right to vote if we are an American Citizen.  This Amendment adds that as long as an American citizen is of age (18), they have the right to vote.

This is important, because for many 18 year olds this year, their first opportunity will be to vote.  If you are 18 (or new to voting) and wondering how to register and/or vote, here are a few links to help you out:

Register to Vote (USA.Gov)

This website can help answer your questions (including about Absentee Ballots, which may be important if you are going to college away from your polling area and can’t get back to vote on election day).

The link takes you to their page on registering, but it also has many informative pages on voting and elections.

CanIVote.com 

This website allows you search and find out if you are registered to vote.  I tried it out and it sent me to my state’s services which told me I am registered (although apparently not to the party I thought I was.

The Voting Information Project 

This website is put together by a group of organizations including Google, and state governments to help gather information to help voters inform themselves on items they find on their ballots.

You can also google your state and voting information to find out information that specific to your states.   Remember that some states (like my own) have Voter ID laws and other such specifications on how you register and/or verify your vote.

The first step to changing the way your government does things is to participate in voting.  On average, only 60% of eligible voters actually participate during Presidential elections.  Its even less during midterm elections (about 40%) and even less than that when you are in between those two election years.  We can’t complain about not being heard when we don’t take advantage of what is already there to hear us.

Please register to vote and take advantage of your right to participate in your government.

And you can always listen to Martin Sheen:

Posted in American History, essay, history, Politics, Television shows

The Amendments: Twenty-Five

Posted on by sokorra

For those of you who watched  West Wing (or you are up on your amendments), you may know what the 25th amendment is set up to do.  Several episodes of the television series mentions the amendment.  For those of you aren’t aware, The Twenty-fifth amendment deals with Presidential succession.

SECTION 1

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

SECTION 2

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

SECTION 3

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

SECTION 4

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

(Source)

 

Before this amendment was passed by Congress in 1965 (and ratified in 1967), the succession to president had been vague as far as the constitution went.  There were of course precedent since by this time 8 Presidents had died in office, and several times the Vice Presidency was vacant.

However, before this amendment it wasn’t known what the exact line was.  Article 1, Section II, Clause 6 specifies that the Vice President will recieve the duties, and if there isn’t a Vice President, then Congress had the duty of selecting an Acting President.

When William Henry Harrison became the first President to die in office, people debated if the Vice President was really a President, or just an Acting President.  John Tyler took the oath of office, making the “Tyler Precedent” for Vice Presidents becoming full fledged presidents upon assuming the powers of their predecessor.

The Twenty-Fifth amendment clarifies the line of secession, and what Congress can do should something happen.

Section One reiterates that should a President die, resign or be removed from office for some reason, the Vice President should assume the title and duties of the Presidency.  This was also stated in the 12th amendment

Section Two clarifies that should a vacancy appear in the Vice Presidency, the President must present Congress with a nomination for them to confirm.

Section Three and Four  get a little more involved.  The example in the West Wing is that Jed Bartlet’s daughter had recently been kidnapped.  Reasonably, Jed was overwealmed and decided he could not be a worried father and a President at the same time right then and drafted a notice to Congress that he felt unfit to uphold his duties.

However, right before this event they had been without a Vice President for awhile as Bartlet’s first Vice President had resigned after a sex-scandal.  Thus the job went to the Speaker of the House, Glenn Walken.

Basically this section of the amendment lists what should happen if over the course of the Presidents term he feels he can not hold up his job.  It could be something like Bartlet’s emotional tormirl or perhaps a serious surgery that might keep him out of work for an extended time period.  If this happens, the President can write in to Congress and temporary the Vice President will assume the role of Acting President till it is determined that the President can resume, by either writing another note to Congress.

The Vice President and the President’s senior officers can also write to congress and claim he is unfit for duty.  At this point the Vice President would become Acting President.  The President could refute this and Congress would then have a month or so to review and make a decision on whether the President really is ready to resume his duties.

Other sources:

Article 1, Section II, Clause 6 (WIKI)

Presidential Sucession Acts (WIKI)

Presidential Sucession Act of 1941 (Senate)

 

Posted in American History, essay, Politics, Uncategorized

The Amendments: Twenty-Four

Posted on by sokorra

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

SECTION 2

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

(Source)

The Twenty-fourth amendment to the consitution once again deals with voting rights.  While the 14th and 15th  amendments gave equal protection to voters, it wasn’t till the 24th amendment that Congress made it unconsitutional to charge voting fees.  Known as the poll tax, in largely effected the lower income and minority communities who couldn’t afford to pay the fees, thus couldn’t vote.  In 1964, there were still 4 states retiaining the poll tax.  Virginia, Alabama, Texas, Mississippi and Arkansas.  At first it was argued that it only effected federal elections, however in 1966 the Supreme Court struck down that argument, claiming the 24th amendment did not limit it to Federal elections, and frankly the poll tax violated the 14the amendment.

Discriminary voting regluations are still debated today, including the Photo ID Laws several states have put into action to prevent voting fraud.  Many however believe it unfiarly affects low income and minorities who don’t have access to locations to get their ids, or can not afford one.  My personal stance on this is neutral because I don’t think they are necessary because voting fraud is very very low and often more likely to be clerical error.  But I also found IDs are required so often during everyday things that its hard to believe people don’t have some form of ID, even if its just a state photo ID and not a driver’s license.

Posted in American History, essay, history, Politics

The Amendments: Twenty-Three

Posted on by sokorra

SECTION 1

The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

SECTION 2

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

(Source)

This amendment allows the District of Columbia (Washington, DC) to have delegates in the electoral college when it comes to presidential elections.  It does not change anything else about the way DC is govern, which even today is debated. It is not a state, but a territoty.  It is governed by Congress, and has no representation that can vote within congress (It does have 1 unvoting representative in the House).

Currently DC has 3 electoral votes.

This was passed by Congress in 1960, and ratified in 1961.

 

Posted in American History, essay, history, Politics

The Amendments: Twenty-Two

Posted on by sokorra

SECTION 1

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

SECTION 2

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

(Source)

Continue reading “The Amendments: Twenty-Two” →

Posted in essay, history, Politics

The Amendments: Twenty-One

Posted on by sokorra

The 21st amendment (which I find hilarious considering the subject matter and the age people are allowed to drink legally in the US) has the unique situation of being the only amendment to full out repeal another.

SECTION 1

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

SECTION 2

The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

SECTION 3

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress

(Source)

The 21st amendment was ratified in December of 1933, having been passed by congress in February of that year.  So it came in well under the ratification deadline.  Its sole purpose really is to repeal the 18th amendment.

Section one is self explanatory, as that is where they tell you that the 18th amendment, prohibiting alcohol, was repealed.  Section two continues to hold up state rights in this manner, explaining that even if its now legal in the US to transport alcohol,if a State still prohibits it then its still illegal within that state’s borders.  This is how you get some states where you can purchase your alcohol at your gas station, while other states you have to purchase it at specially licensed stores and distributers.

Section three basically allows for this law to become active at a certian time after the ratification, and also gives it a limit on how long it could take.  Thus we don’t have to wait 100 years like we did on the 27th amendment (which we will of course get to).

So this amendment not only doesn’t actually edit the constitution, it actually only serves to repeal an earlier amendment.  It was the first (and only to my knowledge) amendment to do so.