Our Constitution clearly states the duties and power of the Legislative Branch but no mention is given as to how to accomplish it. The procedures are left to both houses to determine.
Today there are 435 members in the House & 100 in the Senate. With so many issues to consider, how do you get legislation written & come to a consensus of opinion? The solution: Break members up into smaller committees.
When a bill is introduced, the House or Senate Parliamentarian determines its jurisdiction and refers it to the appropriate committee. A subcommittee may hold hearings to collect testimony and other evidence. It then reports the bill to the full committee for further debate and amendment.
If the committee approves, it reports the bill to the House or Senate. A designated person from the committee will attempt to defend the bill and win its passage. Once a bill becomes law, the same committee exercises oversight over the law.
Legislation is shaped more in committee than on the floor of either house. Bills tend to pass in a form so close to what is sent to the floor that the committees have been called “little legislatures.” Members, therefore, have the most influence over bills considered in their own committees.
There are 21 permanent committees in the House Of Representatives and 20 in the US Senate. Four joint committees operate with members from both houses. Senate rules fix the maximum size for many of its committees, while the House determines the size and makeup of each committee every new Congress.
The members of each committee are officially approved by a full vote of its house. These decisions (including who will serve as chair of each committee) are actually made by the party leadership.
Each member's areas of expertise, the interests of their constituents (a Representative in a rural state may want to be on the Agriculture Committee), and seniority are all considered. As certain committees are considered more desirable, political favors often come into play.
There are three main types of committees:
Standing committees are permanent panels. They consider bills and issues and recommend measures for consideration.
A Select or Special committee is appointed to perform a special function. It is usually created by a resolution that outlines its duties and powers and the procedures for appointing members. These issues often don’t fit within standing committee jurisdictions, or cut across jurisdictional boundaries.
Joint committees are permanent panels that include members from both chambers. They generally conduct studies or perform housekeeping tasks rather than consider measures.
A Conference committee is a temporary joint committee formed to resolve differences between competing House and Senate versions of a bill. Conference committees draft compromises between the positions of the two chambers, which are then submitted to the full House and Senate for approval.
If the Health Care Reform bill is passed in the Senate, a conference committee will probably be formed to find a compromise between the two bills.
The website http://www.govtrack.us/congress/committee.xpd is a good site for getting information about the various committees. All committees are listed with a link showing the chairperson, its members, and legislation that is being considered in that committee.
Monday, November 30, 2009
Understanding Our Constitution - Part 6 - The President's Cabinet
The President’s Cabinet is composed of appointed officers of the Executive Branch. It includes the Vice President and the heads of 15 Executive Departments. All are called Secretaries except for the Attorney General.
Cabinet members are nominated by the President and then presented to the Senate for confirmation. Other than confirmation, there are no legal or constitutional requirements for the job. Normally they are members of the same political party, but the President is free to select anyone, including opposition party members.
There are two restrictions:
The Ineligibility Clause of Article One of the Constitution:
Therefore, a sitting member of the Congress must resign his seat to accept a Cabinet appointment.
and 5 U.S.C. § 311 :
Passed after John Kennedy appointed his brother Robert Kennedy to the post of Attorney General, it prohibits federal officials from appointing family members to certain governmental posts, including seats in the Cabinet.
The “Big Four”, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, and the Attorney General form an inner circle and are considered the most important members of the Cabinet. Recently, the Secretary of Homeland Security has risen to a level of significance.
The Secretary of State is the head of the Department of State - concerned with foreign affairs. She is the highest ranking Cabinet Secretary both in line of succession (fourth in line to succeed to the Presidency) and order of precedence in the Cabinet.
The Secretary of the Treasury participates in the formulation of broad fiscal policies that have general significance for the economy. He manages the public debt and, along with the Treasurer, must sign Federal Reserve notes before they can become legal tender.
The Secretary of Defense is the head of the Dept. of Defense - concerned with the armed services and military matters. He is responsible for the formulation and execution of general defense policy. By Statute (10 U.S.C. § 113), the secretary must be a civilian who has not served actively in the armed forces for at least 10 years.
The Attorney General is the head of the Dept. of Justice - the main legal advisor to the government and the chief law enforcement officer of the US. In matters of extreme importance, he appears in person before the Supreme Court.
The Secretary of Homeland Security is the head of the Dept. of Homeland Security - concerned with protecting the homeland and the safety of citizens. The Department consists primarily of transferred homeland security components: Coast Guard, Border Patrol, Secret Service, FEMA etc. It does not include the FBI or CIA.
The other cabinet members are the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, Housing and Urban Development, Interior, Labor, Transportation, & Veterans Affairs.
Cabinet members are nominated by the President and then presented to the Senate for confirmation. Other than confirmation, there are no legal or constitutional requirements for the job. Normally they are members of the same political party, but the President is free to select anyone, including opposition party members.
There are two restrictions:
The Ineligibility Clause of Article One of the Constitution:
No person holding any office under the United States, shall be a member of either house during the continuance in office.
Therefore, a sitting member of the Congress must resign his seat to accept a Cabinet appointment.
and 5 U.S.C. § 311 :
Passed after John Kennedy appointed his brother Robert Kennedy to the post of Attorney General, it prohibits federal officials from appointing family members to certain governmental posts, including seats in the Cabinet.
The “Big Four”, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, and the Attorney General form an inner circle and are considered the most important members of the Cabinet. Recently, the Secretary of Homeland Security has risen to a level of significance.
The Secretary of State is the head of the Department of State - concerned with foreign affairs. She is the highest ranking Cabinet Secretary both in line of succession (fourth in line to succeed to the Presidency) and order of precedence in the Cabinet.
The Secretary of the Treasury participates in the formulation of broad fiscal policies that have general significance for the economy. He manages the public debt and, along with the Treasurer, must sign Federal Reserve notes before they can become legal tender.
The Secretary of Defense is the head of the Dept. of Defense - concerned with the armed services and military matters. He is responsible for the formulation and execution of general defense policy. By Statute (10 U.S.C. § 113), the secretary must be a civilian who has not served actively in the armed forces for at least 10 years.
The Attorney General is the head of the Dept. of Justice - the main legal advisor to the government and the chief law enforcement officer of the US. In matters of extreme importance, he appears in person before the Supreme Court.
The Secretary of Homeland Security is the head of the Dept. of Homeland Security - concerned with protecting the homeland and the safety of citizens. The Department consists primarily of transferred homeland security components: Coast Guard, Border Patrol, Secret Service, FEMA etc. It does not include the FBI or CIA.
The other cabinet members are the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, Housing and Urban Development, Interior, Labor, Transportation, & Veterans Affairs.
Sunday, November 29, 2009
Understanding Our Constitution - Part 5 - The 12th Amendment - Electing the President & Vice President
When the Constitution was written, Electors only voted for the President. Whoever got the most votes became President. The runner-up became Vice President. With the establishment of Political Parties, this caused many problems.
Ratification of the Twelfth Amendment changed this. Each Elector must cast distinct votes for President and Vice President. An Elector can vote for no more than one candidate from his home state. Therefore, the Vice Presidential candidate is always from a different state than that of the Presidential candidate.
The candidate for President nominates the Vice President sometime in late August - who is then formally endorsed by the party's convention. A Vice President in the same party as the President, assures continuity should he have to take over this office.
Running mates are often chosen to balance the ticket. Vice-Presidential candidates are often from populous states with a large number of electoral votes - in the hope this will encourage those of his state to vote for this ticket.
Ballots are set up to show both the President & his Running Mate. Although it appears that you are only voting once, you are actually casting two votes - one for each of the candidates.
Voters usually accept this ticket even if they do not like the Vice Presidential candidate. They feel they have no choice in this selection & must accept the dictates of the Presidential candidate & Political Party.
As I am not a Constitutional expert, I am not sure whether voters have a say in the choice of the candidate for Vice President. I know that since ratification of the Twelfth Amendment, Political Parties have always chosen the Running Mate.
I question this only because the Amendment clearly states that distinct votes must be made for both President & Vice President. Although Electors vote twice in the Electoral College, their Vice Presidential vote is always for whoever is the Running Mate. They are never provided with a choice.
I ask: If we don’t like the Vice Presidential candidate, where in the Constitution does it state that we, during the election, can not vote for someone else?
Where does it state that we can not choose to vote for the President & refuse to vote for the Vice President?
As the Vice President is next-in-line for the Presidency, shouldn’t we have more say in his selection?
Ratification of the Twelfth Amendment changed this. Each Elector must cast distinct votes for President and Vice President. An Elector can vote for no more than one candidate from his home state. Therefore, the Vice Presidential candidate is always from a different state than that of the Presidential candidate.
The candidate for President nominates the Vice President sometime in late August - who is then formally endorsed by the party's convention. A Vice President in the same party as the President, assures continuity should he have to take over this office.
Running mates are often chosen to balance the ticket. Vice-Presidential candidates are often from populous states with a large number of electoral votes - in the hope this will encourage those of his state to vote for this ticket.
Ballots are set up to show both the President & his Running Mate. Although it appears that you are only voting once, you are actually casting two votes - one for each of the candidates.
Voters usually accept this ticket even if they do not like the Vice Presidential candidate. They feel they have no choice in this selection & must accept the dictates of the Presidential candidate & Political Party.
As I am not a Constitutional expert, I am not sure whether voters have a say in the choice of the candidate for Vice President. I know that since ratification of the Twelfth Amendment, Political Parties have always chosen the Running Mate.
I question this only because the Amendment clearly states that distinct votes must be made for both President & Vice President. Although Electors vote twice in the Electoral College, their Vice Presidential vote is always for whoever is the Running Mate. They are never provided with a choice.
I ask: If we don’t like the Vice Presidential candidate, where in the Constitution does it state that we, during the election, can not vote for someone else?
Where does it state that we can not choose to vote for the President & refuse to vote for the Vice President?
As the Vice President is next-in-line for the Presidency, shouldn’t we have more say in his selection?
Understanding Our Constitution - Part 4 - The Electoral College
Our Founding Fathers wanted the President to be elected by direct vote but were concerned that the electorate could be influenced by information heard right before an election - causing them to vote out of anger - or “mob rule”. If you think about how easily information can be received today - through the media & the internet, this is definitely a concern.
To keep this from happening, the Electoral College was created. Electors would be chosen to represent the electorate & would vote according to the results of the election. The number of Electors is determined by the number of US Representatives & Senators in that State.
Today the total number of Electors is equal to the number of Representatives (435) + the number of Senators (100) + 3 from the District Of Columbia = 538. To win an election, a candidate must receive 270 votes. If a candidate does not receive this amount, the decision is turned over to the House Of Representatives.
The Electors are usually chosen by the Political Parties to assure that they will vote for their Candidate. Electors are “on call” & will go to the Electoral College as soon as their State verifies the election results.
Except for the states of Maine & Nebraska - who send representatives according to the proportion of results received - all states take a “winner take all” position. Whoever wins the majority of votes gets all Electors.
Electors are not required to vote for the candidate of the Political Party. If they feel that the vote does not reflect the true desire of the electorate or feel that “mob rule” occurred because of news received right before the election, they can change their vote. As all States, except the two aforementioned, take a majority position, a State’s vote that is split will usually activate a request that a poll of the Electors be taken.
A Swing State is a state in which all candidates have a reasonable chance of winning the state’s Electoral College votes. These states are usually a major focus of the Political Parties - as winning these states may “clinch” the election. In today’s Presidential elections, campaigns focus on the states that have the most electoral votes & swing states. Political Parties will not spend time in a state where the outcome appears to be predetermined - a “safe state” for one of the parties.
The six states with the most electors are California (55), Texas (34), New York (31), Florida (27), Illinois (21), and Pennsylvania (21). The total electors in these states is 189. Winning these six states “guarantee” the election. The remaining electoral votes is 169. So, even if all other states vote differently from these six states, they can not elect the candidate. For all practical purposes, our “National” election has become a “Six State” election.
Because of the “winner take all” aspect to the Electoral College, many believe that the electorate are not being properly represented. A candidate who wins a state with 51- 49% of the vote - wins all electoral votes - even though it is really a “split decision”.
If Electors were determined proportionally, the results of the election could be different - as all voters throughout the Republic would be represented. I personally agree with this position and would like to see an amendment requiring that Electors in each state be determined by the proportion of votes. Historically, in three elections, the candidate who won the popular vote did not win the election.
To keep this from happening, the Electoral College was created. Electors would be chosen to represent the electorate & would vote according to the results of the election. The number of Electors is determined by the number of US Representatives & Senators in that State.
Today the total number of Electors is equal to the number of Representatives (435) + the number of Senators (100) + 3 from the District Of Columbia = 538. To win an election, a candidate must receive 270 votes. If a candidate does not receive this amount, the decision is turned over to the House Of Representatives.
The Electors are usually chosen by the Political Parties to assure that they will vote for their Candidate. Electors are “on call” & will go to the Electoral College as soon as their State verifies the election results.
Except for the states of Maine & Nebraska - who send representatives according to the proportion of results received - all states take a “winner take all” position. Whoever wins the majority of votes gets all Electors.
Electors are not required to vote for the candidate of the Political Party. If they feel that the vote does not reflect the true desire of the electorate or feel that “mob rule” occurred because of news received right before the election, they can change their vote. As all States, except the two aforementioned, take a majority position, a State’s vote that is split will usually activate a request that a poll of the Electors be taken.
A Swing State is a state in which all candidates have a reasonable chance of winning the state’s Electoral College votes. These states are usually a major focus of the Political Parties - as winning these states may “clinch” the election. In today’s Presidential elections, campaigns focus on the states that have the most electoral votes & swing states. Political Parties will not spend time in a state where the outcome appears to be predetermined - a “safe state” for one of the parties.
The six states with the most electors are California (55), Texas (34), New York (31), Florida (27), Illinois (21), and Pennsylvania (21). The total electors in these states is 189. Winning these six states “guarantee” the election. The remaining electoral votes is 169. So, even if all other states vote differently from these six states, they can not elect the candidate. For all practical purposes, our “National” election has become a “Six State” election.
Because of the “winner take all” aspect to the Electoral College, many believe that the electorate are not being properly represented. A candidate who wins a state with 51- 49% of the vote - wins all electoral votes - even though it is really a “split decision”.
If Electors were determined proportionally, the results of the election could be different - as all voters throughout the Republic would be represented. I personally agree with this position and would like to see an amendment requiring that Electors in each state be determined by the proportion of votes. Historically, in three elections, the candidate who won the popular vote did not win the election.
Saturday, November 28, 2009
Understanding Our Constitution - Part 3 - Congressional Districts & The Census
Under the Constitution, each state is entitled to at least one representative, serving a two-year term. Congress determines the size of the House of Representatives, which right now has 435 members. A state's population determines the number of congressional seats apportioned to it.
The U.S. Supreme Court decided in Baker v. Carr (1962) that unequally populated districts violated the equal protection clause of the Constitution. Since this decision, districts within a state each have approximately the same population. Right now, approximately 600,000 people are in each Congressional District.
Every ten years, a census is taken to determine the population in each state. The only information required in the census, to draw Congressional Districts, is the actual number of people in each household. But, the Census asks for more information than is required - race, religion, educational background, number of children, etc. This gives the government information about the demographics of the republic.
What the Constitution does not take into account is that not all people counted in a census are of legal age & many that are counted, who are of legal age, are not registered voters. Therefore, a Congressional District made up of a large percentage of young adults may have a lot of children - where another District may be made up predominantly of Senior Citizens. The first District, made up of young adults, may have 200,000 registered voters to 400,000 registered voters in the Senior Citizen District. The Constitution does not state that the number of registered voters in each district must be equal.
Districts are generally expected to be compact and contiguous but “gerrymandering” - the drawing of district lines to maximize political advantage, is the norm.
Political Parties recognize that the demographics of the registered voters needs to be taken into account. A neighborhood that has “changed” since the last census & has attracted a different population (ethnic, racial, religious etc.) may vote differently than the prior inhabitants. A District that was strongly in favor of a particular political party may become a possible loss - if not redrawn.
The Majority Party of the State will redraw districts taking into account this change. A neighborhood may be “removed” from a District & another put in its place to make up the “best” District for the political party. In my county of Broward, Florida, the districts are drawn in what looks like a “haphazard” manner. The district I am in has very little continuity.
The next census to be taken is in 2010. Congressional Districts will probably not be redrawn for the 2010 election, but will probably be changed in time for the 2012 election.
The U.S. Supreme Court decided in Baker v. Carr (1962) that unequally populated districts violated the equal protection clause of the Constitution. Since this decision, districts within a state each have approximately the same population. Right now, approximately 600,000 people are in each Congressional District.
Every ten years, a census is taken to determine the population in each state. The only information required in the census, to draw Congressional Districts, is the actual number of people in each household. But, the Census asks for more information than is required - race, religion, educational background, number of children, etc. This gives the government information about the demographics of the republic.
What the Constitution does not take into account is that not all people counted in a census are of legal age & many that are counted, who are of legal age, are not registered voters. Therefore, a Congressional District made up of a large percentage of young adults may have a lot of children - where another District may be made up predominantly of Senior Citizens. The first District, made up of young adults, may have 200,000 registered voters to 400,000 registered voters in the Senior Citizen District. The Constitution does not state that the number of registered voters in each district must be equal.
Districts are generally expected to be compact and contiguous but “gerrymandering” - the drawing of district lines to maximize political advantage, is the norm.
Political Parties recognize that the demographics of the registered voters needs to be taken into account. A neighborhood that has “changed” since the last census & has attracted a different population (ethnic, racial, religious etc.) may vote differently than the prior inhabitants. A District that was strongly in favor of a particular political party may become a possible loss - if not redrawn.
The Majority Party of the State will redraw districts taking into account this change. A neighborhood may be “removed” from a District & another put in its place to make up the “best” District for the political party. In my county of Broward, Florida, the districts are drawn in what looks like a “haphazard” manner. The district I am in has very little continuity.
The next census to be taken is in 2010. Congressional Districts will probably not be redrawn for the 2010 election, but will probably be changed in time for the 2012 election.
Understanding Our Constitution - Part 2 - Executive Power
Our founding fathers had a great deal of difficulty agreeing on the powers of the President. There was fear he could turn into a tyrant. Emphasis was on limiting this power.
The President was given these powers:
1) Sign legislation into law & enforce laws made by Congress
2) Conduct foreign affairs (Only the Congress has the power to declare War).
3) Command the military
4) Appoint executive & judicial officers
Were the Czars established by law - with the advice and consent of the Senate?
5) Reprieve or pardon persons accused of crimes
Were all people who were pardoned by Presidents convicted for offenses against the United States?
6) Veto bills passed by Congress
7) The Constitution provides one additional power - only in extreme circumstances:
These powers were considered TOO EXTENSIVE by many Americans & initiated a fight against ratification of the Constitution.
To make the President accountable, the Constitution requires that he report to the Congress:
The Constitution, for the most part, ignored the responsibilities of the Vice President. He is given only one official duty - to preside over the Senate. He is not allowed to vote in the Senate, except where there is a tie.
The Constitution initially did not state that the Vice President becomes President in the event of death, resignation, or impeachment of the President. Although it was an established custom, the right of the Vice President to assume the office was formally approved in 1967 with the 25th Amendment.
Now, I ask one question: Can you associate a power, that the Constitution provides to the President, with what he is doing now?
I will grant that he can "recommend to their (the Congresses) consideration" measures he judges to be necessary. The important word in that statement is "recommend".
The President was given these powers:
1) Sign legislation into law & enforce laws made by Congress
2) Conduct foreign affairs (Only the Congress has the power to declare War).
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
3) Command the military
4) Appoint executive & judicial officers
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.
Were the Czars established by law - with the advice and consent of the Senate?
5) Reprieve or pardon persons accused of crimes
He shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment
Were all people who were pardoned by Presidents convicted for offenses against the United States?
6) Veto bills passed by Congress
7) The Constitution provides one additional power - only in extreme circumstances:
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.
These powers were considered TOO EXTENSIVE by many Americans & initiated a fight against ratification of the Constitution.
To make the President accountable, the Constitution requires that he report to the Congress:
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.
The Constitution, for the most part, ignored the responsibilities of the Vice President. He is given only one official duty - to preside over the Senate. He is not allowed to vote in the Senate, except where there is a tie.
The Constitution initially did not state that the Vice President becomes President in the event of death, resignation, or impeachment of the President. Although it was an established custom, the right of the Vice President to assume the office was formally approved in 1967 with the 25th Amendment.
Now, I ask one question: Can you associate a power, that the Constitution provides to the President, with what he is doing now?
I will grant that he can "recommend to their (the Congresses) consideration" measures he judges to be necessary. The important word in that statement is "recommend".
Friday, November 27, 2009
Understanding Our Constitution - Part 1 - Our Three Branches of Government
I am going to talk about how our republic is supposed to work - according to our Constitution.
I am not an “expert” in this area. My degree is in Secondary Education with a Major in Math. Post-Graduate courses are in Psychology. I am sure that someone with a degree in History or Political Science would be able to give more specific information than I am capable of. Hopefully, if I make an incorrect statement, someone with more expertise will point this out.
I decided to write these blogs because I believe that many people do not understand how our system is supposed to work or have misconceptions. Many things that are occurring, do not follow the dictates of our Constitution.
In order to fight this, we need to have the right “weapon” - which IS our Constitution. We must insist that our President and Congress adhere to it. That means that we need to understand what it states.
You will notice in my first sentence that I use the term republic - rather than democracy. In a democracy, all citizens speak for themselves. Any citizen can go to their Congress & voice their opinion.
With everyone speaking up, there is more of a chance of shouting, confusion, disruption, & fights. Hundreds of people can show up, who all want to voice their opinion.
Our forefathers recognized that this was not a good idea & chose instead to set up a republic - a representative form of government - electing individuals who will represent us in the Congress.
Our republic has three branches, the Executive, Legislative, & Judicial. Each branch serves a specific function and is independent of each other.
The Executive Branch - the President, Vice President, etc. - has designated power. The Constitution is very specific & gives this branch limited abilities. As we had been under a monarchy, where a king made all the rules & dictated to the people - the Constitution was written so that the President could not become that powerful.
The Legislative Branch is the “law-making” branch. Two Congresses were created. The House Of Representatives reflects the actual population of our nation. The more people in a State, the more representatives in the House. This gives highly populated States more power, for if they vote in a “block”, they have a better chance of getting legislation passed. In such a situation, States with small populations have little influence, unless they “band together”.
To correct this imbalance, the Senate was created, where every State, no matter what size, had two Senators. In this way, every State has equal power. Legislation must be passed by both Congresses - so legislation that comes from the House - which may have gotten passed by the more populated States, can be defeated in the Senate.
Today, State Power has been replaced by Political Power. Political Parties usually vote in a “block” in both Congresses.
After getting passed in both houses, the legislation must be signed by the President, the Executive Branch, to become law. The Constitution was written this way to assure that no law was passed that was unreasonable. The Executive Branch is supposed to act as one of the “Checks & Balances”. The President can veto legislation or send it back to the Congresses to be rewritten.
The Judicial Branch, the highest court in the republic, is made up of the Supreme Court Justices. It has one main function - to interpret the law & make sure that the Constitution is adhered to. To ensure impartiality, they are not elected - but instead are chosen by the US Senate. The Constitution states that only the Senate makes this decision. The House of Representatives is not involved.
The President sends his recommendation to the US Senate who, after questioning, votes on the Candidate. As it is a lifetime appointment, this is considered a major responsibility of the Senate.
Although the Supreme Court Justice is supposed to be unbiased, each Justice, through his/her life experiences, has a perspective of how laws should be interpreted. For example, a Catholic Justice will probably rule against abortion. The majority party in the Senate will work to appoint a Justice whose attitudes are closest to their beliefs.
What I have discussed so far is general information that is probably not “new” to you. In my next blog, I will look at more specific details.
I am not an “expert” in this area. My degree is in Secondary Education with a Major in Math. Post-Graduate courses are in Psychology. I am sure that someone with a degree in History or Political Science would be able to give more specific information than I am capable of. Hopefully, if I make an incorrect statement, someone with more expertise will point this out.
I decided to write these blogs because I believe that many people do not understand how our system is supposed to work or have misconceptions. Many things that are occurring, do not follow the dictates of our Constitution.
In order to fight this, we need to have the right “weapon” - which IS our Constitution. We must insist that our President and Congress adhere to it. That means that we need to understand what it states.
You will notice in my first sentence that I use the term republic - rather than democracy. In a democracy, all citizens speak for themselves. Any citizen can go to their Congress & voice their opinion.
With everyone speaking up, there is more of a chance of shouting, confusion, disruption, & fights. Hundreds of people can show up, who all want to voice their opinion.
Our forefathers recognized that this was not a good idea & chose instead to set up a republic - a representative form of government - electing individuals who will represent us in the Congress.
Our republic has three branches, the Executive, Legislative, & Judicial. Each branch serves a specific function and is independent of each other.
The Executive Branch - the President, Vice President, etc. - has designated power. The Constitution is very specific & gives this branch limited abilities. As we had been under a monarchy, where a king made all the rules & dictated to the people - the Constitution was written so that the President could not become that powerful.
The Legislative Branch is the “law-making” branch. Two Congresses were created. The House Of Representatives reflects the actual population of our nation. The more people in a State, the more representatives in the House. This gives highly populated States more power, for if they vote in a “block”, they have a better chance of getting legislation passed. In such a situation, States with small populations have little influence, unless they “band together”.
To correct this imbalance, the Senate was created, where every State, no matter what size, had two Senators. In this way, every State has equal power. Legislation must be passed by both Congresses - so legislation that comes from the House - which may have gotten passed by the more populated States, can be defeated in the Senate.
Today, State Power has been replaced by Political Power. Political Parties usually vote in a “block” in both Congresses.
After getting passed in both houses, the legislation must be signed by the President, the Executive Branch, to become law. The Constitution was written this way to assure that no law was passed that was unreasonable. The Executive Branch is supposed to act as one of the “Checks & Balances”. The President can veto legislation or send it back to the Congresses to be rewritten.
The Judicial Branch, the highest court in the republic, is made up of the Supreme Court Justices. It has one main function - to interpret the law & make sure that the Constitution is adhered to. To ensure impartiality, they are not elected - but instead are chosen by the US Senate. The Constitution states that only the Senate makes this decision. The House of Representatives is not involved.
The President sends his recommendation to the US Senate who, after questioning, votes on the Candidate. As it is a lifetime appointment, this is considered a major responsibility of the Senate.
Although the Supreme Court Justice is supposed to be unbiased, each Justice, through his/her life experiences, has a perspective of how laws should be interpreted. For example, a Catholic Justice will probably rule against abortion. The majority party in the Senate will work to appoint a Justice whose attitudes are closest to their beliefs.
What I have discussed so far is general information that is probably not “new” to you. In my next blog, I will look at more specific details.
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