CONSERVATIVE AMERICA

Legislative Branch-The Senate

Section 3 of the first Article of the US Constitution pertains to the Senate. Clause 1 of this section states that the Senate will be made up of 2 duly chosen Senators from each state, each will serve a 6 year term, and each will have one vote in Congress. Originally each states legislature chose the 2 Senators for their state, but the 17th Amendment to the Constitution, gave the citizens the right to elect them.

The first Congress (1789-91), according to the provision in Clause 2, was divided as equally as possible into three groups. The term for the Senators in the first group expired after 2 years, and the term for the Senators in the second group expired after 4. This was done to create a system that held elections for Senators every 2 years. Every Senator since then is elected for the full six year term, but every 2 years 1/3 of the Senate is up for re-election.

Unlike the process for the House of Representatives, if there is a vacancy in the Senate, the Governor of the state can choose a replacement to fill in until a special election can be held as long as the states legislature has given that power to the Governor.

In order to run for the office of Senator the candidate must be 30 years old, a US citizen for 9 years, and a resident of the state they are seeking to represent. The Vice President of the US is president of the Senate and can only vote in order to break a tie. The Senate is allowed to choose their officers and a fill in for the Vice President in case the VP is absent.

Further, the Senate is given the sole power to try impeachments. During the impeachment process they are under oath. When the President is tried the Chief Justice of the Supreme Court presides over the proceedings. The President cannot be impeached unless 2/3 of the members present agree. Impeachments can only remove the person on trial from office and they are never allowed to hold any office thereafter. However, that person may still be subject to criminal or civil charges.

Next: The Organization of Congress

Legislative Branch-The House of Representatives

Article I divides Congress into the House of Representatives and the Senate. Under the Articles of Confederation there was only one. Section 1 of Article I also states that the power to make laws is expressly given to the Congress.

Section 2 lays out the method of choosing members and the qualifications of those that wish to serve in the House of Representatives. The provisions are as follows:

1. The House will be made up of members elected every second year of the presidency by the people of their state.

2. Candidates must be at least 25 years old

3. Candidates must have been a US citizen for at least 7 years.

4. At the time of their election candidates must live in the state they want to represent.

This section continues with the number of Representatives per state and taxation. It also addresses vacancies and the selection of officials for the House. Each state is allowed one representative for every 30,000 people and every 10 years a census is mandated to make sure each state has appropriate representation. When originally written, slavery was legal and women were not allowed to vote. These issues and the matter of taxation have since been resolved by Amendments 14-16.  More on that later.

If a seat in the House is vacated, the members cannot choose a replacement. Neither can the Governor of the former representative’s state. The Governor must arrange for a special election so the people can elect their representative. Further, the members of the house are given the right to choose their own speaker and other officers.

Next: The Senate

After many months of heated debate and several rewrites, our founding fathers finally produced a document concrete enough to provide for a strong central government without adversely impacting the freedom of the people. At the same time, this document was flexible enough to allow for change as times and needs changed.

As we go through the text of our Constitution, we will see how this was done.

The US Constitution begins with the Preamble. This serves as an introduction and states the purpose for the articles to follow while also conferring power to them. The preamble reads:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

As we go through this series you will see the thought and care that went into choosing every word. I hope you’re ready. It will take a while to get through the whole document, but once you do you will be glad you did. You will have a greater appreciation for your freedom, a fuller understanding of how our government works, and a firm grasp on the issues that we face today as well as what you can do about them.

The first three articles created the three branches of government and delineated powers granted and forbidden to each. This was to create a system called checks and balance. With the system, no single branch can act independently of the others. Each branch is accountable to the others in some way (which we’ll examine as we go) and all three are accountable to “We the People”.

Next: The Legislative Branch

We can’t begin to accurately understand our rights here in the US without first having a basic understanding of our Constitution.  Since I feel sure most of you would rather have your eyelashes plucked out than take time to read it, I am doing it for you.  I confess that I felt the same way when I began, but, once I started, I couldn’t turn back.  I have a clearer picture now than I did before.  You will too.

The U.S. Constitution is one of the world’s oldest surviving constitutions and has been used as a model by countries around the world. Despite its age and the changes in our culture since its creation, it is still the basis of our federal law and the document that guarantees our rights.  But why and how did it replace the Articles of Confederation?

The Articles provided a very weak government and its flaws became apparent even before it was approved by all the states. One of its weaknesses was the inability to levy taxes. If Congress needed funding for a government project of any kind, they could ask the other states for their share but the states were not compelled to provide it.

Another flaw was the number of votes required to make an amendment. If any change was deemed necessary, all thirteen states had to agree. If there was an important piece of legislation needed, 9 of the 13 had to agree. This was troublesome because often members of the delegation would be absent thereby making the required laws difficult to pass.

In 1787, the process that led to the Constitution as we know it began. Following the poor turnout of delegates for a convention in Annapolis, the attendees reported to their respective states that another convention was needed to address the problems with the existing system of government as formed under the Articles.

It took from May 25 to September 17 of that year, but they finally created a document they could support. Under the Articles of Confederation only nine states had to ratify the new Constitution for it to take effect. The first state to approve and accept this new Constitution was Delaware on December 7. By July 26, 1788, they had 11 states with New York being the last. The Constitution of the United States officially became the law of the land September 13, 1788.

Next: What Does the Constitution Say?

Hardly a day goes by without me hearing of someone and their rights. They are either fighting for their rights or claiming their right to something. But how many of us really know what our rights are? I know I had a general idea- I have the right to be safe in my home, I have the right to be paid for my work, etc. – but I suffered from a lack of understanding regarding my rights and how they came to exist in this country.

Then it came to me! I should read the U.S. Constitution! What a great idea! Sheer genius! In making this decision I realized that it was quite an undertaking, but I knew that to fully grasp my rights and the rights of others it was something I had to do.

In order to properly understand our government, our rights, and our privileges I thought it best to go back in time to discover what our foundation was. But where to start! I didn’t think I needed to go back as far as the first settlers so after doing some research I realized I only needed to go back to the place where our government began to take its present shape. Thankfully I didn’t have to go very far.

After declaring independence from Britain, the citizens of this country found themselves with no central government. Each state created plans for their individual government but most people were troubled at the prospect of forming a central government. From their experience with Europe they knew a centralized government usually did not favor the people.

Despite this apprehension, they did agree that all the states shared some common interests and they needed a system to address them. In the process, no one wanted to lose the freedoms they had been fighting so desperately for. The Articles of Confederation were a baby step in that direction.

At that time there were 13 states. Each state had supreme lawmaking authority. That meant that the people who governed North Carolina could make any law they wanted without any other states interference. On closer examination you realize that the states were then not accountable to anyone. Without accountable there would certainly have been abuse of power.

In 1777 the Continental Congress, a convention made up of delegates from each state, created the Articles of Confederation. This was essentially a treaty forming a “friendship” among the states. Under these articles each state was still sovereign. The articles addressed things like a common military defense, freedom of movement among the states, how the delegates would be chosen and how many votes each state had, foreign relations and declarations of war, as well as how their required activities would be funded.

Although they began the process of approving this treaty in 1777, it wasn’t until 1781 that the last state formally accepted the agreement. Then 8 years later it was replaced by the United States Constitution.

Tomorrow: The United States Constitution