Friday, August 6, 2010

Post Text Solely for internet search engine purposes [Recommended Readings]

RECOMMENDED READINGS ON THE CONSTITUTION

*Published Books have author in parenthesis

CONSTITUTION PRECEDENTS & PHILOSOPHICAL INFLUENCE

Magna Carta

Mayflower Compact

Two Treatises of a Civil Government (John Locke)

The Second Treatisis of a Civil Government (John Locke)

Spirit of Laws (Charles de Secodant de Baron Montesquieu)

English Bill of Rights

US Declaration of Independence

US Articles of Confederation

Annapolis Convention of 1786

Constitution and Bill of Rights of Virginia

CONSTITUTION CONVENTION OF 1787

Debates of the Convention of 1787 (James Madison Notes)

Federal Journal of the Convention of 1787

Rufus King's Notes of the Convetion of 1787

William Patterson Notes of the Convention of 1787

Robert Yates Notes of the Convention of 1787

Alexander Hamilton Notes of the Federal Convention of 1787

James McHenry Notes of the Convention of 1787

William Pierce Notes of the Convention of 1787

RATIFICATION DEBATE

Federalist Papers 1-84

Anti Federalist Papers

Federal Farmer I-XVII

Brutus 1-16

Dissent of the Minority of the Convention of Pennsylvania

Cato I-VI

Luther Martin I-VI

The Presidential term of Office

The Federal Judiciary and the issue of Trial by Jury

John DeWitt I-V

Patrick Henry

The Problem of Concurrent Taxation, Foreign War, Civil Wars, and Indian Wars

BILL OF RIGHTS

Creating the Bill of Rights (Kenneth R. Rowling)

Debates and Proceeding of Congress 1789

INTERPERETATION

Jefferson's Opinion on the Constitutionality of a National Bank : 1791

OTHER INFLUENCES AND READINGS

George Washington Diaries

Thursday, August 5, 2010

Post Text Solely for internet search engine purposes [Links]

 

Links

http://www.consource.org/index.asp?sid=9

  • Constitution Source References. Includes State Charters & Constitutions, Debates in the Convention, Personal Correspondence of the Delegates, President Documents, and much much more.
  • Constitutional Source Project

http://www.constitution.org/

  • Constitution Source References. Includes State Charters & Constitutions, Debates in the Convention, Personal Correspondence of the Delegates, President Documents, Supreme Court Decisions, Commentary and much much more.
  • Constitution Society: Major Contributor Jon Roland

http://press-pubs.uchicago.edu/founders/

http://topics.law.cornell.edu/constitution

http://memory.loc.gov/ammem/amlaw/lawhome.htm

http://www.law.cornell.edu/supct/

  • Historical Supreme Court decisions, including the Syllabus and Decisions of all Supreme Court cases, in an easily searchable and presented setting.
  • Cornell University

http://fora.tv/2009/02/23/Uncommon_Knowledge_Antonin_Scalia

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/interp.html

http://oll.libertyfund.org/index.php?option=com_content&task=blogcategory&id=41&Itemid=264

Influencing the Founders

Wednesday, August 4, 2010

Post Text Solely for internet search engine purposes [Constitution]

Constitution
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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. (1) (2) (3) (4)
Article. I.
Section. 1.
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. (6)
Section. 2.
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. (2)(3)(5)
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 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 of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote. (2)(6)
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.
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.
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 Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section. 5.
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. (5)
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, 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.
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. 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 encreased 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.
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. (2)(3)(6)
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 Offences 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. (2)(3)(6)
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.
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. (2)(3)(6)
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.
Article. II. (2)(3)
Section. 1.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:  (6)
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. (5)(6)
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.  (6)
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Section. 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. (6)
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section. 3.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. (2)
Section. 4.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. (6)
Article III.(3)
Section. 1.
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.(3)
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. (4)
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Section. 3.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. (2)(3)(6)
Article. V.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. (6)
Article. VI.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. (2)(6)
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. (6)
Article. VII.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. (2)(3)(4)
The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
Attest William Jackson Secretary
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,
  • G°. Washington
    Presidt and deputy from Virginia
  • Delaware
  • Geo: Read
  • Gunning Bedford jun
  • John Dickinson
  • Richard Bassett
  • Jaco: Broom
  • Maryland
  • James McHenry
  • Dan of St Thos. Jenifer
  • Danl. Carroll
  • Virginia
  • John Blair--
  • James Madison Jr.
  • North Carolina
  • Wm. Blount
  • Richd. Dobbs Spaight
  • Hu Williamson
  • South Carolina
  • J. Rutledge
  • Charles Cotesworth Pinckney
  • Charles Pinckney
  • Pierce Butler
  • Georgia
  • William Few
  • Abr Baldwin
  • New Hampshire
  • John Langdon
  • Nicholas Gilman
  • Massachusetts
  • Nathaniel Gorham
  • Rufus King
  • Connecticut
  • Wm. Saml. Johnson
  • Roger Sherman
  • New York
  • Alexander Hamilton
  • New Jersey
  • Wil: Livingston
  • David Brearley
  • Wm. Paterson
  • Jona: Dayton
  • Pennsylvania
  • B Franklin
  • Thomas Mifflin
  • Robt. Morris
  • Geo. Clymer
  • Thos. FitzSimons
  • Jared Ingersoll
  • James Wilson
  • Gouv Morris
(1) The Preamble
(2) What influenced the Founders? John Locke and The Two Treatises of Government
(3) What influenced the Founding Fathers: Charles de Secondat Baron de Montesquieu
(4) What is the Constitution?
(5) Voting System Integrity
(6) What is Federalism?

Tuesday, August 3, 2010

Post Text Solely for internet search engine purposes [Declaration of Independence]


Numbers  in Parenthesis, link to article in which the corresponding clause, section or Article is discussed.
In Congress Assembled, July 4, 1776
The Unanimous Declaration of the Thirteen United States of America

WHEN in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. (2)(3)
We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness(2)(3); that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness (2)(3)(4). Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. (2)(3)
He has refused his assent to laws, the most wholesome and necessary for the public good.(3)
He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formidable to tyrants only.(3)
He has called together legislative bodies at places unusual uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people.(2)
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state remaining, in the mean time, exposed to all the dangers of invasions from without and convulsions within.
He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.
He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.(2)(3)
He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.(3)
He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance.
He has kept among us, in times of peace, standing armies, without the consent of our legislatures.
He has affected to render the military independent of, and superior to, the civil power.
He has combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation:
For quartering large bodies of armed troops among us;
For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states;
For cutting off our trade with all parts of the world;
For imposing taxes on us without our consent;
For depriving us, in many cases, of the benefits of trial by jury;
For transporting us beyond seas, to be tried for pretended offenses;
For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies;(2)
For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments;(2)
For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.(2)
He has abdicated government here, by declaring us out of his protection and waging war against us.(3)
He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our people.
He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.(3)
He has excited domestic insurrection among us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.
In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. (2)(3)
Nor have we been wanting in our attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity; and we have conjured them, by the ties of our common kindred, to disavow these usurpations which would inevitably interrupt our connections and correspondence. They too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind, enemies in war, in peace friends. (2)(3)
We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies solemnly publish and declare, That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. (2)(3)
  • JOHN HANCOCK [President]
  • New Hampshire
  • Delaware
  • Josiah Bartlett
  • Caesar Rodney
  • William Whipple
  • George Read
  • Matthew Thornton
  • Thomas McKean
  • Massachusetts
  • Maryland
  • John Hancock
  • Samuel Chase
  • Samual Adams
  • William Paca
  • John Adams
  • Thomas Stone
  • Robert Treat Paine
  • Charles Carroll of Carrollton
  • Elbridge Gerry
  • Virginia
  • Rhode Island
  • George Wythe
  • Stephen Hopkins
  • Richard Henry Lee
  • William Ellery
  • Thomas Jefferson
  • Benjamin Harrison
  • Connecticut
  • Thomas Nelson, Jr.
  • Roger Sherman
  • Francis Lightfoot Lee
  • Samuel Huntington
  • Carter Braxton
  • William Williams
  • North Carolina
  • New York
  • William Hooper
  • William Floyd
  • Joseph Hewes
  • Philip Livingston
  • John Penn
  • Francis Lewis
  • Lewis Morris
  • South Carolina
  • Edward Rutledge
  • New Jersey
  • Thomas Heyward, Jr.
  • Richard Stockton
  • Thomas Lynch, Jr.
  • John Witherspoon
  • Arthur Middleton
  • Francis Hopkinson
  • John Hart
  • Georgia
  • Abraham Clark
  • Button Gwinnett
  • Lyman Hall
  • Pennsylvania
  • George Walton
  • Robert Morris
  • Benjamin Rush
  • Benjamin Franklin
  • John Morton
  • George Clymer
  • James Smith
  • George Taylor
  • James Wilson
  • George Ross
(1) The Preamble
(2) What influenced the Founders? John Locke and The Two Treatises of Government
(3) What influenced the Founding Fathers: Charles de Secondat Baron de Montesquieu
(4) What is the Constitution?
(5) Voting System Integrity

Monday, August 2, 2010

Post Text Solely for internet search engine purposes [Quick Thoughts]

Quick Thoughts

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5 comments:

Miracle in 1787 said...
Health Care Reform has now started to come before the Courts. The main deciding factor in what will determine the outcome of these challenges when it gets to SCOTUS will be, is, is the Constitution a limiting or enabling document. Does the Constitution limit Federal power to those enumerated and reserved to the Federal Government, or does the Constitution enable the Federal Government to assume others powers not necessarily enumerated or delegated outright. How the Justices view the Constitution in this matter, will determine whether portion or most of the bill is struck down, or allowed to stand.
September 16, 2010 7:31 PM

Miracle in 1787 said...
Can Socialism exist with the original meaning and intent of the Constitution? Michael Moore is one of his recent movies [Capitalism: A Love Story], states "Capitalism is not in the Constitution". However, if the Original meaning of the Constitution is followed, can anything but a Free and Open Market exist?
September 19, 2010 10:26 AM

Miracle in 1787 said...
Recess Appointments: When the Founders put in the Constitution for the President to be able to appoint a person to Office in Congress is in recess, did they intend or was it understood to mean that all that has to happen is for the President to wait for a recess to appoint Officers without the required consent of the Senate? Or was it understood to be a mechanism for the President to fill a position that required immediate action that could not wait for the Senate to convene and consider, similar to the Clause in Article I section 10, that allows the Executive of a state to request Federal assistance in an emergency if the Legislature for that state is not in session to request it themselves?
September 20, 2010 5:23 PM

Miracle in 1787 said...
Voter Fraud Another case of voter fraud has been filed by the state of Texas in Houston. Voter fraud cannot be accepted at any level, or any number, and must be sought out and destroyed where ever it exists. The very fabric of our Democratic Republic rests on, one person one vote, all votes are equal. Allowing any person or group to register unqualified persons or ballots so they can be cast, is nothing less than stuffing the ballot box. Of all things sacred in our system of governance, we can never allow our election system to be corrupt. When ever corruption is found it must be stopped and PUNISHED. If we cannot trust our own election system, how can we trust any form of our governance at all?
September 25, 2010 10:43 AM

Miracle in 1787 said...
On Monday the 0th US Circuit Court of Appeals allowed 11 Foreign Nations to file Friend of the Court letter in regards to Arizona Bill SB 1070 [Arizona Immigration Law]. This brings up several significant Constitutional Questions. 1. Do foreign States have standing to file on an international subject? This is a Challenge between the State of Arizona and the United States Governments, the bill and US Challenge does not effect a foreign state, only US laws. 2. This filing is conducted by the USDOJ, and Executive Branch, which does not have the Authority to Regulate trade or Naturalization, this is the domain of Congress. by introducing Foreign Nations in the respect to immigration, this is to assume a power of determining the Natural Status of an Individual without the consent of Congress. 3. By allowing Foreign Nations to file once again dealing with the domain of Foreign Nationals within the United States, a domain only of Congress, the Judiciary is now in a role to determine the status of a person without regards of the will of Congress, who has the sole authority to set rules of Naturalization. http://www.politico.com/news/stories/1010/43199.html http://www.myfoxphoenix.com/dpp/news/immigration/immigration-arizona-lawsuit-10-5-2010
October 6, 2010 8:21 PM
Today a District Judge in the District of Columbia order the immediate injunction of the Don't ask Don't Policy for the Armed Forces. The most significant Constitutional Question is not only of the policy itself, but the authority of the policy. The Constitution grants Congress alone the power to, "To make Rules for the Government and Regulation of the land and naval Forces", not the courts. SCOTUS has on more than one occasion ruled [correctly], Military Service is not a Constitutional guarantee, that this gives Congress alone the power to determine eligibility of service in the Armed Forces, and not the Courts. Many policies exist that restrict or prohibit service as set forth by law enacted by Congress including Disability, prior Felonies, minor medical conditions [that are not minor in combat], and education among various others. The ONLY proper method of changing this policy is by an Act of Congress, not the Courts. By allowing the Courts to determine the requirements [by the President not directing DOJ or the DOD not appealing this to SCOTUS] removes the Constitutional prerogative from the specific body it was granted to, and places it in another branch. This is not a discussion if the policy is right or wrong, but the current events of how it has been changed in regards to granted powers in the Constitution.
Miracle in 1787 said...
Political Venom strikes again. Christie O'Donnell of DE is currently being lighted up by media for asking "Where in the Constitution does it say separation of Church and State". The true fact is, it does not. The common reference of this term is associated with the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." But however the term does not reside in it. It actually has its genesis from Thomas Jefferson in 1802 in a letter to the Danbury Baptist in Danbury CT. But that point aside, one is being lambasted by media for stating a fact, IT IS IN FACT NOT IN THE CONSTITUTION, rather than it is not in agreement with their perception of meaning. Instead of stating it to be a "true" statement and take issue with her interpretation and contending it implies a "separation" though does not state it, a factual statement has been twisted into being presented as false due to a political disagreement. This is Political Venom. We can disagree, we can agree to disagree, but we can not change the facts, and the attempt has been made here to do just that, change a factual statement from one, and present it to be false.