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Showing posts with label Politics. Show all posts
Showing posts with label Politics. Show all posts

Wednesday, January 25, 2012

#846 Fact or Fiction: Congressional Benefits


Approval ratings for Congress are at a historic low, and our members often ask us what sort of benefits legislators enjoy. 

The following information isn't presented to defend Congressional perks, but only to dispel some myths that perpetually float around the internet. If we're to have credibility defending military programs, we need to have our facts right.

Fact or Fiction:

1) Members of Congress get full pensions for life after serving just one term.

Mostly Fiction. The Congressional retirement system is very similar to that of federal civilians. It’s true that a member of Congress can become eligible for retirement benefits after a minimum of 5 years of service if they’re age 62 or older, but only for a partial pension.

To qualify for a pension a member of Congress must meet one of the following service and age requirements:
  • 5 years of service and age 62
  • 20 years of service and age 50
  • 25 years of service at any age
Like the military retirement system, Congressional retirement pay is calculated on a combination of their average high-three years of salary and a multiplier based on their length of service.

It’s also worth pointing out that members of Congress contribute to their own retirement and pay Social Security taxes. Once retired their Cost of Living Adjustments (COLA) are sometimes held artificially below the Consumer Price Index (CPI) which measures inflation.

Since the Congressional retirement system was overhauled in 1984 (to be less generous) the average annual pension is roughly $40,000.

2) Members of Congress don’t pay for their healthcare.

Fiction. Members of Congress and their staffs are eligible for the same health insurance as federal civilians, and they pay the same premiums. They can enroll in any insurance program offered under the Federal Employee Health Benefits Program (FEHBP).

One of the most popular plans under FEHBP (the Blue Cross Blue Shield Standard plan) costs beneficiaries $430 a month for a family, and $185 a month for individual coverage.

Starting in 2014, members of Congress and their staffs will be required to participate in the health care exchanges created under national health care reform.

3) Legislators receive free health care at military facilities such as Walter Reed.

Fiction. Members of Congress can receive care at the new Walter Reed National Military Medical Center, but the cost of such care is billed to their federal insurance.

4) Congress votes themselves pay increases every year.

Mostly Fiction. The law authorizes Congress a raise every year unless legislators vote to stop it.

Congress voted to forgo a pay raise in 2010, 2011, and 2012. Congressional pay increases are capped lower than the military raise. While military raises are tied to the average American’s (the Employment Cost Index), congressional raises are capped one-half percentage point below that.

In 2012 members of Congress will collect a salary of $174,000 (Congressional leaders receive more).
#846

Tuesday, August 02, 2011

#835 Hate Taxes? Please read.



Thanks to Fay Easter for the following.


If you're a conservative who  hates taxes, please do the following.  
1. Do not use Medicare.
2. Do not use Social Security
3. Do not become a member of the US military, who are paid with tax dollars.
4. Do not ask the National Guard to help you after a disaster.
5. Do not call 911 when you get hurt.
6. Do not call the police to stop intruders in your home.
7. Do not summon the fire department to save your burning home.
8. Do not drive on any paved road, highway, and interstate or drive on any bridge.
9. Do not use public restrooms.
10. Do not send your kids to public schools.
11. Do not put your trash out for city garbage collectors.
12. Do not live in areas with clean air.
13. Do not drink clean water.
14. Do not visit National Parks.
15. Do not visit public museums, zoos, and monuments.
16. Do not eat or use FDA inspected food and medicines.
17. Do not bring your kids to public playgrounds.
18. Do not walk or run on sidewalks.
19. Do not use public recreational facilities such as basketball and tennis courts.
20. Do not seek shelter facilities or food in soup kitchens when you are homeless and hungry.
21. Do not apply for educational or job training assistance when you lose your job.
22. Do not apply for food stamps when you can’t feed your children.
23. Do not use the judiciary system for any reason.
24. Do not ask for an attorney when you are arrested and do not ask for one to be assigned to you by the court.
25. Do not apply for any Pell Grants.
26. Do not use cures that were discovered by labs using federal dollars.
27. Do not fly on federally regulated airplanes.
28. Do not use any product that can trace its development back to NASA.
29. Do not watch the weather provided by the National Weather Service.
30. Do not listen to severe weather warnings from the National Weather Service.
31. Do not listen to tsunami, hurricane, or earthquake alert systems.
32. Do not apply for federal housing.
33. Do not use the internet, which was developed by the military.
34. Do not swim in clean rivers.
35. Do not allow your child to eat school lunches or breakfasts.
36. Do not ask for FEMA assistance when everything you own gets wiped out by disaster.
37. Do not ask the military to defend your life and home in the event of a foreign invasion.
38. Do not use your cell phone or home telephone.
39. Do not buy firearms that wouldn’t have been developed without the support of the US Government and military. That includes most of them.
40. Do not eat USDA inspected produce and meat.
41. Do not apply for government grants to start your own business.
42. Do not apply to win a government contract.
43. Do not buy any vehicle that has been inspected by government safety agencies.
44. Do not buy any product that is protected from poisons, toxins, etc…by the Consumer Protection Agency.
45. Do not save your money in a bank that is FDIC insured.
46. Do not use Veterans benefits or military health care.
47. Do not use the G.I. Bill to go to college.
48. Do not apply for unemployment benefits.
49. Do not use any electricity from companies regulated by the Department of Energy.
50. Do not live in homes that are built to code.
51. Do not run for public office. Politicians are paid with taxpayer dollars.
52. Do not ask for help from the FBI, S.W.A.T, the bomb squad, Homeland Security, State troopers, etc…
53. Do not apply for any government job whatsoever as all state and federal employees are paid with tax dollars.
54. Do not use public libraries.
55. Do not use the US Postal Service.
56. Do not visit the National Archives.
57. Do not visit Presidential Libraries.
58. Do not use airports that are secured by the federal government.
59. Do not apply for loans from any bank that is FDIC insured.
60. Do not ask the government to help you clean up after a tornado.
61. Do not ask the Department of Agriculture to provide a subsidy to help you run your farm.
62. Do not take walks in National Forests.
63. Do not ask for taxpayer dollars for your oil company.
64. Do not ask the federal government to bail your company out during recessions.
65. Do not seek medical care from places that use federal dollars.
66. Do not use Medicaid.
67. Do not use WIC.
68. Do not use electricity generated by Hoover Dam.
69. Do not use electricity or any service provided by the Tennessee Valley Authority.
70. Do not ask the Army Corps of Engineers to rebuild levees when they break.
71. Do not let the Coast Guard save you from drowning when your boat capsizes at sea.
72. Do not ask the government to help evacuate you when all hell breaks loose in the country you are in.
73. Do not visit historic landmarks.
74. Do not visit fisheries.
75. Do not expect to see animals that are federally protected because of the Endangered Species List.
76. Do not expect plows to clear roads of snow and ice so your kids can go to school and so you can get to work.
77. Do not hunt or camp on federal land.
78. Do not work anywhere that has a safe workplace because of government regulations.
79. Do not use public transportation.
80. Do not drink water from public water fountains.
81. Do not whine when someone copies your work and sells it as their own. Government enforces copyright laws.
82. Do not expect to own your home, car, or boat. Government organizes and keeps all titles.
83. Do not expect convicted felons to remain off the streets.
84. Do not eat in restaurants that are regulated by food quality and safety standards.
85. Do not seek help from the US Embassy if you need assistance in a foreign nation.
86. Do not apply for a passport to travel outside of the United States.
87. Do not apply for a patent when you invent something.
88. Do not adopt a child through your local, state, or federal governments.
89.Do not use elevators that have been inspected by federal or state safety regulators.
90. Do not use any resource that was discovered by the USGS.
91. Do not ask for energy assistance from the government.
92. Do not move to any other developed nation, because the taxes are much higher.
93. Do not go to a beach that is kept clean by the state.
94. Do not use money printed by the US Treasury.
95. Do not complain when millions more illegal immigrants cross the border because there are no more border patrol agents.
96. Do not attend a state university.
97. Do not see any doctor that is licensed through the state.
98. Do not use any water from municipal water systems.
99. Do not complain when diseases and viruses, that were once fought around the globe by the US government and CDC, reach your house.
100. Do not work for any company that is required to pay its workers a livable wage, provide them sick days, vacation days, and benefits.
101. Do not expect to be able to vote on election days. Government provides voting booths, election day officials, and voting machines which are paid for with taxes.
102. Do not ride trains. The railroad was built with government financial assistance.
The fact is, we pay for the lifestyle we expect. Without taxes, our lifestyles would be totally different and much harder. America would be a third world country. The less we pay, the less we get in return. Americans pay fewer taxes today since 1958 and is ranked 32nd out of 34 of the top tax paying countries. Chile and Mexico are 33rd and 34th. The Republicans are lying when they say that we pay the highest taxes in the world and are only attacking taxes to reward corporations and the wealthy and to weaken our infrastructure and way of life.

So next time you object to paying taxes or fight to abolish taxes for corporations and the wealthy, keep this quote in mind… “I like to pay taxes. With them, I buy civilization.” ~Oliver Wendell Holmes    

#835

Monday, August 01, 2011

#834 Balance the Budget and Balance the Tax Burden


Thanks to Mr. Bloch for sharing his knowledge and wisdom. 


By HENRY W. BLOCH

Special to The Kansas City Star


Something has gone terribly wrong in Washington, D.C. Over the last two decades, both Republicans and Democrats have put our country in a financial dilemma largely caused by one simple fact: The government borrows nearly 45 cents for every dollar it spends. Now the ongoing debt-ceiling fiasco has brought the nation to the edge of a fiscal precipice.
I am a registered Republican. But I speak out on this subject not to support the Republicans’ or Democrats’ position. Instead, I advocate for average, middle-income Americans. Their voices are too often ignored in policy debates.
I am appalled at the behavior of this Congress, which now seems more intent on political maneuvering for power than on making rational public policy. For example, some Republican members of the House appear to be refusing to agree to any solution for which President Obama can claim any credit. Consequently, our country finds itself on the brink of defaulting on the nation’s debt, not because of the actions of the American people but because of the actions of certain elected officials.
Clearly we have borrowed from our future to pay for today’s benefits. That practice has now caught up with us. We need Congress to formulate a plan to deal with this problem. The debt gap cannot otherwise be closed. A balanced approach — a combination of spending cuts and increased revenue, not merely spending cuts — is the right answer.
I’m not the only one who feels this way. A large majority of Americans are calling for compromise and a fair and balanced approach to resolving this debt crisis. The average American understands that digging our way out of this crisis will require shared sacrifice in the form of fewer benefits and higher taxes on the top income earners. Yet our political leaders continue to go about their business of trying to “one-up” one another and score political points that they will look to cash in when they run for re-election in 2012.
I do not understand some Republicans’ resistance to the idea of tax increases on the wealthy. The argument we have been hearing from some politicians about the rich being the “job creators” is misguided. First of all, let’s not forget that our economy was doing better and the nation’s unemployment rate was lower before the Bush tax cuts, which benefited the top 1 percent of earners the most. Secondly, one would be hard-pressed to prove that low tax rates result in increased job creation. Companies today are holding record levels of cash, yet unemployment remains stubbornly high.
I have been a student of the U.S. tax system for more than half a century. From the mid-1930s to the early-1980s, the marginal tax rate for the highest income earners in this country was between 68 percent and 94 percent. That’s double and triple of what it is today. Yes, it’s time we balance the budget, but it is also time we balance the tax burden.
The strength of our political system has always been our elected officials’ ability to put the country’s interests first and come together in the spirit of compromise.
Those of us earning more than $250,000 a year are very fortunate. We have an obligation to help our nation overcome this challenge. While I don’t look forward to paying more taxes, it must be done. And it’s a small price to pay for living in this wonderful country. Responsible change that promotes good public policy and tax fairness is to be welcomed.
Read more: http://www.kansascity.com/2011/07/30/3047297/balance-the-budget-and-balance.html#ixzz1Tp0MEWlV

#834

Friday, July 29, 2011

#833 Words of wisdom from Thucydides

Does this sound familiar?  Thanks to Jonathan Van Hoose:

I keep coming back to this passage in Thucydides's history of the Peloponnesian War (5th Century BC), wanting to pull quotations from it, but it's hard to just pull out parts of it. Written by Thucydides, an Athenian general, this discussion of the civil war in Corcyra during the broader Peloponnesian War (itself a "world war" among coalitions of Greek states) contains so much keen and penetrating observation of how politics breaks down -- or how politics operates -- in intensely partisan environments.   It deserves to be quoted at length.  This is from Rex Warner's translation:      "To fit in with the change of events, words, too, had to change their usual meanings.  What used to be described as a thoughtless act of aggression was now regarded as the courage one would expect to find in a party member; to think of the future and wait was merely another way of saying one was a coward; any idea of moderation was just an attempt to disguise one's unmanly character; ability to understand a question from all sides meant that one was totally unfitted for action.  Fanatical enthusiasm was the mark of a real man, and to plot against an enemy behind his back was perfectly legitimate self-defence.  Anyone who held violent opinions could always be trusted, and anyone who objected to them became a suspect.  To plot successfully was a sign of intelligence, but it was still cleverer to see that a plot was hatching.  If one attempted to provide against having to do either, one was disrupting the unity of the party and acting out of fear of the opposition.  In short, it was equally praiseworthy to get one's blow in first against someone who was going to do wrong, and to denounce someone who had no intention of doing any wrong at all.  Family relations were a weaker tie than party membership, since party members were more ready to go to any extreme for any reason whatever.  These parties were not formed to enjoy the benefits of the established laws, but to acquire power by overthrowing the existing regime; and the members of these parties felt confidence in each other not because of any fellowship in a religious communion, but because they were partners in crime.  If an opponent made a reasonable speech, the party in power, so far from giving it a generous reception, took every precaution to see that it had no practical effect.      Revenge was more important than self-preservation.  And if pacts of mutual security were made, they were entered into by the two parties only in order to meet some temporary difficulty, and remained in force only so long as there was no other weapon available.  When the chance came, the one who first seized it boldly, catching his enemy off his guard, enjoyed a revenge that was all the sweeter from having been taken, not openly, but because of a breach of faith.  It was safer that way, it was considered, and at the same time a victory won by treachery gave one a title for superior intelligence.  And indeed most people are more ready to call villainy cleverness than simple-mindedness honesty.  They are proud of the first quality and ashamed of the second.      Love of power, operating through greed and through personal ambition, was the cause of all these evils.  To this must be added the violent fanaticism which came into play once the struggle had broken out.  Leaders of parties in the cities had programmes which appeared admirable -- on one side political equality for the masses, on the other the safe and sound government of the aristocracy -- but in professing to serve the public interest they were seeking to win the prizes for themselves.  In their struggles for ascendancy nothing was barred; terrible indeed were the actions to which they committed themselves, and in taking revenge they went farther still.  Here they were deterred neither by the claims of justice nor by the interests of the state; their one standard was the pleasure of their own party at that particular moment, and so, either by means of condemning their enemies on an illegal vote or by violently usurping power over them, they were always ready to satisfy the hatreds of the hour.  Thus neither side had any use for conscientious motives; more interest was shown in those who could produce attractive arguments to justify some disgraceful action.  As for the citizens who held moderate views, they were destroyed by both the extreme parties, either for not taking part in the struggle or in envy at the possibility that they might survive.      As the result of these revolutions, there was a general deterioration of character throughout the Greek world." --Thucydides 3:82-83.

#833

Saturday, March 05, 2011

#818 Tax Disparity? You tell me.


Income gaps in the workplace have become increasingly outrageous, as seen in the growing gap between worker pay and CEO pay. We can demonstrate it with a pile of chocolate. Give one piece of chocolate to your worker stand-in and 44 pieces to your CEO stand-in. That was the 1980 ratio of average full-time worker pay to average pay among CEOs in Business Week's survey of major corporations. For the equivalent 2004 ratio, give one piece of chocolate to the worker and 362 to the CEO.


As the Center on Budget and Policy Priorities reports, federal policy is contributing "''to a further widening of income disparities between the most affluent households and other Americans.'"Households with incomes over $1 million will receive an average tax cut of $103,000 this year -- an increase of 5.4 percent in their after-tax income.
The congressional majority is done crying crocodile tears over Katrina and the shameful inequality it exposed.


They're working overtime to stiff the have-nots with more budget cuts so they can keep stuffing the pockets of the haves with more tax cuts. The budget knife is dropping on Medicaid, education, child care, food assistance and more -- even public health, despite loud warnings we are unprepared for bird flu and other threats.


Tell your senators and members of Congress what you think about their priorities, and make your voice count when you vote next November."

(Borrowed from Rob Whitman) Too important to keep to oneself.

#818

Tuesday, July 20, 2010

#738 Amendments Twenty-one through Twenty-seven




Amendment 21 - Amendment 18 Repealed. Ratified 12/5/1933. History
1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.


2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.


3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment 22 - Presidential Term Limits. Ratified 2/27/1951. History
1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.


2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Amendment 23 - Presidential Vote for District of Columbia. Ratified 3/29/1961. History
1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.


2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment 24 - Poll Tax Barred. Ratified 1/23/1964. History
1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.


2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment 25 - Presidential Disability and Succession. Ratified 2/10/1967. Note History
1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.


2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.


3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.


4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.


Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment 26 - Voting Age Set to 18 Years. Ratified 7/1/1971. History
1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.


2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment 27 - Limiting Changes to Congressional Pay. Ratified 5/7/1992. History
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.


#738

Sunday, July 18, 2010

#737 Amendments Sixteen through Twenty

Amendment 16 - Status of Income Tax Clarified. Ratified 2/3/1913. Note History
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Notice when this amendment was ratified.



Amendment 17 - Senators Elected by Popular Vote. Ratified 4/8/1913. History
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Amendment 18 - Liquor Abolished. Ratified 1/16/1919. Repealed by Amendment 21, 12/5/1933. History
1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Could this have been caused by well-intended folks who were too centered on having others see the world as they did? Just a thought.



Amendment 19 - Women's Suffrage. Ratified 8/18/1920. History
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.

Amendment 20 - Presidential, Congressional Terms. Ratified 1/23/1933. History
1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.



#737

Thursday, July 15, 2010

#735 Amendments Eleven through Fifteen

Amendment 11 - Judicial Limits. Ratified 2/7/1795. Note History

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Amendment 12 - Choosing the President, Vice-President. Ratified 6/15/1804. Note History The Electoral College

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing 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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Apparently the author(s) of these amendments took delight in writing run-on sentences.  Be that as it may, this amendment establishes the electoral college. The electoral college has the responsibility to vote for the President and Vice-President. Its vote is based upon the popular vote. It also addresses the potential for close races. The need to have a majority make the decision is paramount. The need for majority rule is meant to insure the people have the say in how the government is run. The people just have to make sure that honest and forthright representatives are elected.


Amendment 13 - Slavery Abolished. Ratified 12/6/1865. History

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

While slavery was abolished in 1865, it has taken a long time to overcome the effects of it. There is a larger socio-psychological issue to be overcome, and that is the dealing with the obvious differences among people. Skin color and language are the primary ones.  The more obvious the difference the more difficulty can arise.

Amendment 14 - Citizenship Rights. Ratified 7/9/1868. Note History

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

This amendment establishes the rights of citizens to vote and participate in the government. When it was written only men over the age of twenty-one were considered citizens. (In my lifetime women and children were considered chattel.)

This amendment establishes also delineates disqualifiers for citizenship.

Amendment 15 - Race No Bar to Vote. Ratified 2/3/1870. History

1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

2. The Congress shall have power to enforce this article by appropriate legislation.

This amendment allows for all males over age twenty-one to be able to vote. (In my lifetime people of color were prevented from voting. The steps to gain that right were so difficult that it was impossible for most of them to vote.) We have come a long way to insuring this right.


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Tuesday, July 13, 2010

#733 Amendments Six Through Ten



Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.


Apparently this was sorely lacking or the framers would not have thought about writing it into the Constitution. Think about this. How would you be affected were you to be wrongly accused?

Amendment 7 - Trial by Jury in Civil Cases. Ratified 12/15/1791.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Here is another example of insuring that the people have the power to control their lives. The rules of law are to be applied to all for the benefit of all.

Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What constitutes excessive bail, fines or cruel and unusual punishment?

Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

This is the amendment that has established the requirement for a census.


Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

This amendment further delineates the power to the States and the people that is not maintained by the federal government.


#733

Monday, July 12, 2010

#732 Amendments One Through Five


Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
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.


This one seems clear enough. No matter how much some folks would like it to happen, there is a clear separation of church and state. There is no, and should be no, state religion. Our ancestors came here to escape religious persecution among other things. Regardless of Whom you choose to pray to, should you so choose, do not require everyone else to do the same. You have the right to say it, but not the right to enforce it.


Amendment 2 - Right to Bear Arms. Ratified 12/15/1791. Note
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
This one is clear and straight-forward. At the time it was written it seemed appropriate for the citizenry to be able to secure its freedom with its own arms if necessary. History shows us it was a necessity. Recent history shows us that there are folks who exercise this right and for the same reason - to protect their turf. It is at this point where we might have some problems. In protecting their "turf" innocents get caught in the cross-fire. Not a good move. This is an issue that will be addressed, hopefully, by people of good sense and principles.


Amendment 3 - Quartering of Soldiers. Ratified 12/15/1791. Note
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
I wonder how this amendment was followed during the Civil War?


Amendment 4 - Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fortunately, there don't seem to be too many challenges to this amendment. Or, are there?

Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
This one has been re-interpreted lately. Apparently, the courts have ruled that business entities can be considered a person. That doesn't seem fair. In fact, it seems to fly in the face of the amendment's original intent.


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Saturday, July 10, 2010

#730 Article V - Amendment


Amendment Note1 - Note2 - Note3


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.


Apparently, the framers realized the potential for changes.  Little did they know about technological advances. However, they did suspect that people wouldn't change that much. Ergo, the possibility of keeping the Constitution up-to-date.

#730