Oct. 13, 2014

PJ-15

CHAPTER 2

 

REC #2 HATONN

 

MONDAY, MAY 14, 1990 1:40 P.M. YEAR 3 DAY 271

 

THE CONSTITUTION, CONTINUED

 

Section 4. How Senators and Representatives Shall Be Chosen and When They Are to Meet.

 

a.Method of holding elections. 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 choosing Senators. *[The 17th Amendment laid down a new method for choosing Senators.]

 

b.Meeting of Congress. The Congress shall assemble at least once in every year *[There was argument against meeting every year for excellent perception: much legislating was a great vice."] and such meeting shall be on the first  Monday in December, unless they shall by law appoint a different day. *[Changed to January 20 by Section 2 of the 20t1h Amendment.]

 

Section 5. Rules of Procedure.

 

a.Organization. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority *[Under the Articles of Confederation, nine of the 13 states had to concur in all important decisions. A quorum was seven states.] of each shall constitute a quorum to do business...

 

b.Rules of proceedings. 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.

 

c.Journal. 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. *[Well, here you began to get off to a bad start. The Senate met behind closed doors in its entire first five years. Then it was decided that the people had a right to know what their agents were doing or had done--so, the Journals of both chambers were subsequently published together in the CONGRESSIONAL  RECORD since 1873. Details of the "convention" were kept secret for 50 years. What you know of the proceedings comes principally from James Madison's prodigious note taking from his seat in front of the presiding member with the other members on his right and left hands. Your fourth President allowed his journals to he published only posthumously--he was the "convention's" last survivor.]

 

d.Adjournment. * [Royal governors had unilaterally suspended and dissolved state assemblies.] Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

 

Section 6. Compensation, privileges, and restrictions.

 

a.Pay and privileges of members.*[Whew, here is a dandy one which is manipulated over and over again.] The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, *[It was considered an indecent thing and might, in time, prove dangerous to let Congress set its own wages, it was felt], 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. *[Congressmen may execute their duties without fear of a civil suit or a criminal prosecution for any cause, including slander or libel. On trumped-up charges, the King used to order the arrest of legislators who opposed his policies. However, it would appear that if ones were arrested for treason in these current days, you would not have enough members to conduct business.]

 

b.Holding other offices prohibited. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.

 

Section 7. Mode of Passing Laws.

 

a.Revenue bills. 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.

 

b.How bills become laws. Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he *[This is a rare time indeed, where "he" rather than "people" or 'Persons" is used. It had no greater meaning however, for at that point it was obviously assumed that Presidents would always be masculine and further, use of the English language considers "he" to be inclu­sive of human.] approves 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 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. *[In other words, Congress can pass a law over a Presidential veto. The latter statement refers to the "pocket veto" (from the Latin for "I forbid"). If Congress adjourns during the ten-day period, the President can effectively veto a bill by not signing it--by "putting it in his pocket" so to speak.]

 

c.Approval or disapproval by the President. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

 

Section 8. Powers Granted to Congress. [These 18 paragraphs granted urgently needed powers to Congress. The first 17 are called enumerated powers. The last, the famous "elastic clause", refers to implied powers.]

 

The Congress shall have the power:

 

a.To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States:

 

b.To borrow money *[This eliminated the possibility once and for all for states to print their own money.] on the credit of the United States:

 

c.To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; *[Thus clause has just about done-in your Confederation. Clause c. has become a fountain of vast federal power.

 

d.To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States:

 

e.To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; *[This is so big I shall have to pass it for now--you note this does not refer to anything called the "Federal Reserve".

 

f.To provide for the punishment of counterfeiting the securities and current coin of the United States; *[ Now this one does seem to leave out the Federal Reserve, at least technically. However, it is also one of the most abused by your Government.]

 

g.To establish post offices and post roads.

 

h. *["If a nation expects to he ignorant and free in a state of civilization," Thomas Jefferson said, "it expects what never was and never will be." The Constitutional Convention defeated the motion to empower Congress "to establish an University, in which no preferences or distinctions should be allowed on account of religion."] 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:

 

i.To constitute tribunals inferior to the Supreme Court:

 

j.To define and punish piracies and felonies committed on the high seas and offenses against the law of nations; *[Hold this one near your heart, also, for, my dear ones, you. have now come under this little projection--by default. It refers, in part, to the law of Admiralty and it is deadly.]

 

k.To declare war, *[It originally was "make war". This, so the President's hands would not be tied in case of attack, the convention changed the phrase to a more precise "declare war". The first legislation defining the President's Constitutional power to make war was the War Powers Act, which Congress passed over President Richard Nixon's veto in 1973. Now, chelas, please be patient with me as we move along here for we will just get lost in confusion if we pick every one of these apart at this sitting. We work relative to thousands of volumes in the Library of Congress, Supreme Court library, etc. Please be patient and we will hit the highlights which impact you instantly and treacherously in the form of impending enslavement and loss of freedom.]

 

l.To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

 

m.To provide and maintain a navy;

 

n.To make rules for the government and regulation of the land and naval forces;

 

o.To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;

 

p.*[Designed to overcome the shortcomings of the militia in the Revolutionary War.] 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;

 

q.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

 

r.*[An incredible confusion which caused one George Mason, author of Virginia's Bill of Rights to be one of three who referred to this as "Infernal traffic" and caused him to declare he would "sooner chop off his right hand than put it to the Constitution" in its final form.] 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. Powers Denied to the Federal Government.

 

a.The migration of importation *[Originally 1800.] 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.

 

b.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. *[The rule of habeas corpus--literally, "you must have the body"--is a foundation of free societies. An arrested person must be produced in court to determine the jus­tice of his detention. President Abraham Lincoln suspended this sovereign right, arguably violating the Constitution "to save it". Via the same tenet and pretext under which dictators suspend constitutions, your first "constitutional dictator" felt that "measures, however unconstitutional, might become lawful by becoming indispensable to the preservation of the Constitution through the preservation of the nation."]

 

c.No bill of attainder or ex post facto law shall be passed.

 

d.No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. *[The 16th Amendment give Congress the power to tax incomes, thus modifying the "no capitation" (tax on each person) clause. The slave states had feared a tax on their "three-fifths of all other persons. Now I, among others, am here to tell you that the 16th Amendment DID NOT NULLIFY THIS PORTION OF YOUR CONSTITUTION. INCOME TAXES AS ENFORCED BY THE IRS AREA UNLAWFUL UNDER YOUR CONSTITUTION. WE SHALL COVER THIS AT A LATER POINT WE SHALL HEREIN SPEAK ONLY OF INTERPRETATION AS IS USUALLY OVERSIGHTED.]

 

e.No tax or duty shall be laid on articles exported from any State. *[A concession to the South. Denying this power common to governments at the time took from government half the regulation of trade.]

 

f.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. *[Allayed Maryland's fear that traffic on Chesapeake Bay would have to enter or clear at a Virginia port to simplify the collection of duties.]

 

g.No money shall be drawn from the Treasury, but in consequence of appropriations by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

 

h.No title of nobility shall be granted by the United States: and no person holding any office of profit 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 Denied to the States.

Enough for this day, Dharma.

Hatonn to standby. Salu.

http://www.fourwinds10.net/journals/pdf/J015.pdf