January 8, 2011

Let's Read the Constitution Day! - verse 2

Hatched by Dafydd

The first thing that the Founders chose to describe was the Congress. We start with the most basic rules: How Congress is composed, which is the chamber closest to the people, and who can be one of them...

~

Section 1 - The Legislature

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.

Section 2 - The House

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.

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.

Note a couple of interesting points. First, what does it mean that the electors shall have certain qualifications? Who the heck are these "electors"? Did early citizens not vote directly for their federal representatives? Why not?

Second, note that naturalized Americans can be elected to Congress; yet we know that they cannot be elected president or vice president. Why the disparity?

All verses in the Lizardian Constitutional Collection:

  1. Let's Read the Constitution Day! - verse 1 (Preamble)
  2. Let's Read the Constitution Day! - verse 2 (Congress; House, part I)
  3. Let's Read the Constitution Day! - verse 3 (House, part II)
  4. Let's Read the Constitution Day! - verse 4 (Senate, part I)
  5. Let's Read the Constitution Day! - verse 5 (Senate, part II)
  6. Let's Read the Constitution Day! - verse 6 (General congressional admin stuff)
  7. Let's Read the Constitution Day! - verse 7 (Legislative process and enumerated powers)
  8. Let's Read the Constitution Day! - verse 8 (Limitations)
  9. Let's Read the Constitution Day! - verse 9 (The prez -- who does he think he is?)
  10. Let's Read the Constitution Day! - verse 10 (What would a president do?)
  11. Let's Read the Constitution Day! - verse 11 (Judiciary)
  12. Let's Read the Constitution Day! - verse 12 (States, part I)
  13. Let's Read the Constitution Day! - verse 13 (States, part 2)
  14. Let's Read the Constitution Day! - verse 14 (Amendment; supreme law of the land)
  15. Let's Read the Constitution Day! - verse 15 (Ratification rules and signers)
  16. Let's Read the Constitution Day! - verse 16 (Amendments: Bill of Rights, Amendments 1-4)
  17. Let's Read the Constitution Day! - verse 17 (Bill of Rights -- Courtroom Amendments 5-8)
  18. Let's Read the Constitution Day! - verse 18 (Bill of Last Rights 9 and 10)
  19. Let's Read the Constitution Day! - verse 19 (Amendments: Suing other states, president vs. vice president)
  20. Let's Read the Constitution Day! - verse 20 (Amendments: Abolition of slavery)
  21. Let's Read the Constitution Day! - verse 21 (Amendments: States prohibited from infringing rights)
  22. Let's Read the Constitution Day! - verse 22 (Amendments: Racial voting rights)
  23. Let's Read the Constitution Day! - verse 23 (Amendments: Wilsonian-Progressivism I)
  24. Let's Read the Constitution Day! - verse 24 (Amendments: Wilsonian-Progressivism II)
  25. Let's Read the Constitution Day! - verse 25 (Amendments: Rooseveltian amendments)
  26. Let's Read the Constitution Day! - verse 26 (Amendments: Camelot amendments)
  27. Let's Read the Constitution Day! - verse 27 (Amendments: Panacea amendments)

Hatched by Dafydd on this day, January 8, 2011, at the time of 12:00 AM

Trackback Pings

TrackBack URL for this hissing: http://biglizards.net/mt3.36/earendiltrack.cgi/4733

Comments

The following hissed in response by: GW

If all legislative power rests in Congress, then how can we be in a situation where the Congress can refuse to pass legislation that would allow control of CO2, yet the EPA can unilaterally declare CO2 a pollutant subject to its authority to regulate. There is a systemic problem here that extends to virtually all regulatory agencies created by Congress. True, the laws that establish these agencies and assign their mission contain enabling clauses that allow the agencies to pass their own regulations. But what we are seeing with the EPA, the FEC, the FDA and others is a system that is now broken and obviously not within the contemplation of the Founders. What we need to right this is, at minimum, a law providing that no regulation shall become operable unless and until affirmatively approved by Congress.

The above hissed in response by: GW [TypeKey Profile Page] at January 8, 2011 8:16 PM

The following hissed in response by: Dick E

Dafydd-

As one Constitutional non-scholar to another, I think that “Electors” are “People” who are eligible to vote. That is, those who meet the voting eligibility requirements to elect the lower house of their state legislature are also eligible to vote for Members of the House of Representatives. “The People” presumably includes everyone subject to the Constitution -- those eligible to vote plus minors, non-citizens, etc. Note that similar language concerning the people and electors (minus the capitalization) appears in the Seventeenth Amendment.

Concerning citizenship, my guess is they thought that the longer someone has been a citizen, the more solidly linked he/she is to this country; and the higher the office, the more solidity they required. Note that Senators need to be citizens for nine years. The Framers must have seen a danger in having a foreigner arrive, become a citizen ASAP (whatever that meant at the time) and immediately run for Federal office. The danger doesn’t seem as grave today.

The above hissed in response by: Dick E [TypeKey Profile Page] at January 8, 2011 11:18 PM

The following hissed in response by: brotio

Article One, Section Five, Paragraph Two begins: Each House may determine the Rules of its Proceedings

That little sentence is the the single largest mistake in the Constitution.

With that sentence, both Houses set up a system of committees that allow the Chair of those committees to prevent legislation from ever reaching the floor. Thus denying equal representation to the 45% of the population whose party happens to be in the minority at the time.

With that sentence, both Houses have authored rules that exempt themselves from the laws they pass, including laws forbidding insider trading.

That one sentence, along with the Seventeenth Amendment, are primarily responsible for a Congress that sees itself as ruling elites, rather than representatives.

The above hissed in response by: brotio [TypeKey Profile Page] at January 10, 2011 5:10 PM

Post a comment

Thanks for hissing in, . Now you can slither in with a comment, o wise. (sign out)

(If you haven't hissed a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Hang loose; don't shed your skin!)


Remember me unto the end of days?


© 2005-2009 by Dafydd ab Hugh - All Rights Reserved