Archive for Constitution
Severability and Obamacare
Posted by: | CommentsSeveral state legislators have reached out to me recently with questions about the nature of severability and Obamacare. Since some Redstaters seem to have questions as well, I thought I’d explain a bit about what this means.
Most laws of large size and scope have something called a “severability clause” attached to them. Essentially, this means that if one part of a piece of large legislation is ruled unconstitutional by a court, that unconstitutional portion is “severed” from the rest of the bill — the ruling doesn’t stop the rest of the law from being enforced.
The trouble for Obamacare is that it doesn’t have a severability clause. If you’re an opponent of Obamacare, this all sounds pretty good — it indicates that if Attorney General Ken Cuccinelli is successful in his Virginia case against the individual mandate, the entire legislation could collapse. But the answer isn’t that simple.
As I discuss with Maureen Martin in our latest podcast, what’s more likely is that the Supreme Court would just eliminate the portions of the bill which are tied directly to the individual mandate.
Some people have claimed the severability clause is absent from Obamacare because the writing process of the bill was such a cluster, the clause was just forgotten. But the reality, I’m told, is that a severability clause would’ve been added in conference between the House and Senate. Except that as you know, no such conference happened — everything had to be done via reconciliation after the House passed the Senate bill. Hence, no severability clause.
But the lack of a severability clause wouldn’t necessarily result in the overrule the rest of the legislation, which mostly have to do with spending and rationing — the expansion of Medicaid, Medicare cuts, and sweeping regulatory authority — and isn’t wrapped up in the mandate. This has been the Court’s approach to other issues, such as the recent Sarbanes-Oxley ruling, another law which lacked a severability clause, where they invalidated a portion of the law and allowed the rest to stand.
Some things that the Court would likely leave unaffected would include the expansion of Medicaid, reporting obligations for businesses and hospitals, expansion of the Children’s Health Insurance Program, funds for “family planning,” expansion of state aging and disability resource centers, expanded funding for prevention programs and workplace education, reforms to inpatient rehabilitation and hospices, the addition of value-based payments for physicians and hospitals, and many provisions relating to Medicare services in rural areas… And that’s just for starters. The point is that the overwhelming portion of this legislation is not tied directly to the individual mandate.
Yet even if the Court behaved in the same way when deciding the constitutionality of the individual mandate, in practical terms, judging the mandate unconstitutional would set off a domino effect throughout the insurance industry. The mandate is the only thing which made other anti-market regulatory demands (such as guaranteed issue and community rating) workable for the industry. Despite Howard Dean’s argument that the individual mandate is unimportant (the reality is that Dean agrees with me — people will simply game the mandate) in the larger scheme of things, removing it and leaving other requirements intact would bring the entire insurance industry to the point of collapse.
So even if the lack of a severability clause doesn’t turn out to matter, elimination of the individual mandate as unconstitutional will create an untenable situation for insurers and eliminate many of the aspects of the legislation President Obama has touted. The push for further reform, at that point, would be inevitable.
Benjamin Domenech is managing editor of Health Care News and a research fellow at the Heartland Institute. Follow him on Twitter.
A Vote for Kagan is a Vote Against the Constitution
Posted by: | CommentsIf you don’t believe that, then you are simply ignoring reality and you are part of the problem.
Elena Kagan is an avowed leftist who, while Dean of the Harvard Law School, refused to extend to the U.S. Military the kind of recruiting facilities offered to others in direct contradiction of the federal law - all because she disagreed with the military’s “Don’t Ask, Don’t Tell” policy. She couldn’t tell Dr. Coburn during her Senate Judiciary hearing that there is any appreciable limit to the Commerce clause and she all but admitted she thinks the Constitution is whatever the judges believe it to be.
The Constitution has been abused for years by activist judges and the politicians who either appoint them or vote to confirm them, and as a result it is barely recognizable today. The courts have decided policy on matters of life and death (abortion and the death penalty), on the definition of marriage, on the rules of golf, on prayer in school and countless other issues on which the Constitution actually is silent and thus, should be left to the people.
Kagan will absolutely, unequivocally follow the mold of her mentor Thurgood Marshall who believed that “you do what you think is right and let the law catch up.” We know that. Therefore - if you vote for her, you do not believe in the U.S. Constitution. Period.
Republicans for too long have hidden behind the misguided idea that so long as a nominee has a fancy diploma and an impressive resume, he is “qualified” to be a judge. The idea that the nominee must demonstrate fidelity to the Constitution was perceived as a luxury, not a requirement. Fortunately since the days of Republicans only mustering 3 “no” votes against ACLU leftist Ruth Bader Ginsburg, the vast majority of Republicans will oppose Kagan as they did Sotomayor.
But not Judd Gregg. Not Lindsey Graham. Not Dick Lugar. Not the Bobbsey twins from Maine. No sir - they are perfectly content watching the Constitution get shredded right in front of their eyes while they go home and talk about how fair and objective they are.
Well rest easy good Senators… Today, you violate your oath to defend the Constitution of the United States.
Democrats Underestimate the American People Once Again
Posted by: | CommentsClearly, the Democrats think they have something here tying together the Republican Party and the Tea Party. However, it seems to me that this political miscalculation is exactly why Congress’ approval rating is at 11%.
What the Democratic Leadership doesn’t seem to understand is that the Tea Party isn’t a political party; it’s a set of ideas shared by the overwhelming majority of Americans.
The Tea Party is made up of Democrats, Republicans, Independents, Libertarians, Constitution Party members, and apolitical Americans.
They are mainstream folks who love our nation and who wish to see America return to policies of limited government, fiscal responsibility, and strictly adhere to our Constitution. After all, these are the fundamental principles of our founding and represent the character of America.
For the Democrats to portray these fundamental principles as radical and a hindrance to public policy shows just how far out of touch they are from the political pulse of this country.
I hope the Democrats’ latest messaging campaign reaches far and wide because it will do nothing but distance them further from Main Street America.
anti-Tea Party cartoon reveals ignorance
Posted by: | CommentsIn today’s Washington Post, cartoonist Tom Toles argues that the tea party movement reveals itself to be racist by “want[ing] to go back to the Constitution as it was written,” despite the document’s acquiescence in the continuation of slavery. Toles’s cartoon is a particularly hateful variant of a misleading, but all too common, argument that tries to vilify critics of a “living Constitution” and justify judicial activism by pointing out that the Constitution was written in a different and less tolerant time.
Whether ignorant or intentionally misleading, this line of argument ignores the fact that 1) the Founding Fathers provided for constitutional evolution through the democratic process of constitutional amendment, and 2) what conservatives, libertarians, and the tea party movement favors is a strict constructionist or originalist interpretation of the Constitution and its amendments, not “go[ing] back to the Constitution as it was written” sans amendments.
Toles and other critics of strict construction would benefit from reviewing the Constitution and the history of the civil rights movement. They would learn that constitutional amendments and legislation, rather than a “living Constitution,” are responsible for the greatest advances in civil rights, including the elimination of slavery and the enfranchisement of African Americans and women.
Bob Bennett Explains Republican Demise and Path Back in One Simple Line
Posted by: | CommentsOn Wednesday night, PBS aired a special in which Bob Bennett gave us all a glimpse into 1) why he’s been given an early retirement by the people of Utah, 2) why Republicans fell on their collective faces in the last two elections, and 3) what Republicans can do to get power back and hold it.
Now, keep in mind that this is the same Bob Bennett who has a seat at the Senate Republican leadership table and has had enormous influence on Republican policy and decision-making from the inside. He is the establishment’s establishmentarian. His family is nothing short of a Utah political dynasty.
Yet he was roundly defeated in the Utah Republican primary, failing even to make the run-off. If you have ever wondered why, check out his statement during the PBS special:
SEN. ROBERT BENNETT: I found that a good many of the delegates simply wouldn’t talk to me. They were so angry, so determined to — quote — “send Washington a message” — close quote — that coming to one of my events to hear what I had to say on any of these things was — simply, they wouldn’t do.
And many of them who did come, they would hold up their copy of the Constitution, and they would say, if it’s not in the Constitution, you shouldn’t do it.
Well, I’m not quite ready to go that far in my conservative views.
Really? The fact you said that out loud automatically disqualifies you from being a Senator and begs the question why you continue to call yourself conservative. You are not - I don’t care what voting record you tout. Who cares? Because we know that behind the scenes, you are on your best days nothing more than an establishment Republican - and on your bad ones, a Ron Wyden-loving promoter of government-run health care.
Indeed, those of us who actually hold conservative views are QUITE ready for you to go… back to Utah. Because in that one line, you just revealed in a nutshell what has been dragging Republicans down for too long - and that is electing unprincipled moderates like you who fancy themselves conservative yet refuse to actually defend the Constitution.
The good news is that you also make clear that the path back to success is electing Senators and Congressman who recognize that it is their job to preserve, protect and bring back a limited government based on the Constitution.
Bob Bennett Explains Republican Demise and Path Back in One Simple Line
Posted by: | CommentsOn Wednesday night, PBS aired a special in which Bob Bennett gave us all a glimpse into 1) why he’s been given an early retirement by the people of Utah, 2) why Republicans fell on their collective faces in the last two elections, and 3) what Republicans can do to get power back and hold it.
Now, keep in mind that this is the same Bob Bennett who has a seat at the Senate Republican leadership table and has had enormous influence on Republican policy and decision-making from the inside. He is the establishment’s establishmentarian. His family is nothing short of a Utah political dynasty.
Yet he was roundly defeated in the Utah Republican primary, failing even to make the run-off. If you have ever wondered why, check out his statement during the PBS special:
SEN. ROBERT BENNETT: I found that a good many of the delegates simply wouldn’t talk to me. They were so angry, so determined to — quote — “send Washington a message” — close quote — that coming to one of my events to hear what I had to say on any of these things was — simply, they wouldn’t do.
And many of them who did come, they would hold up their copy of the Constitution, and they would say, if it’s not in the Constitution, you shouldn’t do it.
Well, I’m not quite ready to go that far in my conservative views.
Really? The fact you said that out loud automatically disqualifies you from being a Senator and begs the question why you continue to call yourself conservative. You are not - I don’t care what voting record you tout. Who cares? Because we know that behind the scenes, you are on your best days nothing more than an establishment Republican - and on your bad ones, a Ron Wyden-loving promoter of government-run health care.
Indeed, those of us who actually hold conservative views are QUITE ready for you to go… back to Utah. Because in that one line, you just revealed in a nutshell what has been dragging Republicans down for too long - and that is electing unprincipled moderates like you who fancy themselves conservative yet refuse to actually defend the Constitution.
The good news is that you also make clear that the path back to success is electing Senators and Congressman who recognize that it is their job to preserve, protect and bring back a limited government based on the Constitution.
Utopian Statists vs. Optimistic Realists
Posted by: | CommentsI’ve been studying the Progressives the last few months, and I think this post will be the beginning of a series, or at least a conversation starter for another post or two. It’s struck me in my studies that the Progressives and America’s Founding Fathers are on the polar extremes of two very important issues: the nature of man and the role of government. And if you’re coming from two diametrically opposite worldviews, it of course leads to opposite conclusions. The problems we face today are a direct result of the fact that Progressive beliefs and the Founders’ beliefs, as found in the Declaration and Constitution, are like oil and water: they will never mix.
Progressives view man as perfectable, essentially good, and see centralizing power in national government as necessary for the advancement of society. You might even say the Progressives thought the state in the hands of an educated elite was, and is, a benevolent force for good. Because of their views on man, and government, the Progressives were, and are, utopian statists. By that I mean they believe in the goodness of the state for the advancement of society; but such beliefs, and the belief that man is essentially good, are utopian: such beliefs are not rooted in reality. For empirical evidence, look no further than the 20th century, which is full of evidence as to why virtually every form of statism attempted not only did not work, but also eventually resulted in the deaths of hundreds of millions. The word “utopia” literally means “nowhere,” and utopian statism has never worked anywhere. It never will because those who hold to such ideas fail each time to understand the actual nature of man and the proper role of government.
The Founders’ views on man and government were diametrically opposed to the Progressives: they knew man is not essentially good, nor should a government made by man, and ruled by men, have great centralized powers. Why? Alexander Hamilton wrote in the Federalist Number 6 that: “Men are ambitious, vindictive and rapacious,” with James Madison writing in Federalist 51, “But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Nor did the Founders view centralized power, even government, in the most positive of lights: Washington would write, “Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.”
This is not to say the Founders were cynics. Instead, they were optimistic realists. While they believed that man is capable of great good, they also felt that he is not capable of sustained good; in their view, man is an imperfect creature in an imperfect world. So how could one realistically provide for the greatest amount of freedom and prosperity in this imperfect world? That was the challenge of the Founders when writing our founding documents. They were ultra-realistic about the nature of man and the nature of man’s governments–and yet created a form of government that was able to give America the most freedom and prosperity any nation has ever seen by limiting the role of government and providing for, and protecting, individual freedom.
One of the great tensions we are seeing today in America is that of the worldview of Progressives coming up against the worldview of the Founders. The American people are awakening, via tea party protests and the growth of 9.12 groups, because I believe that deeply engrained in the American people are the beliefs of the Founders with regard to human nature and government. The protests we’ve seen over the last two years are a natural reaction to the false god of statism being foisted upon them, and not just by the current administration and unpopular Congress. While the Bush administration was not as egregious as the current White House (nor was the attendant Republican Congress) both those entities were statists with a small ‘s,’ preferring to not make the truly difficult choices, and instead, growing the size and role of government in our lives. That’s why I virtually ignore party affiliations, and even find the terms “conservative” or “liberal” to be almost meaningless. I choose to evaluate candidates in light of whether they are statist or non-statist: do they believe in expanding the role, scope, and size of the state in the lives of the individual, or in limiting the power of the state (government) so as to provide for the greatest freedom within the bounds of ordered liberty? Government has a role in our society: national defense to provide for protected space within which a free people can flourish, the enforcement of the rule of law and the right of contract to provide for a just society, the protection of private property, etc. But the list of where government should be is a very short one, and the rest of society should be left to the private sphere.
Americans are seeking non-statists to govern this country, and though I think this fall’s elections will be “progress in the right direction,” but let me say that simply electing Republicans is not the solution because there are plenty of Republican statists parading about. The way toward ensuring liberty is in electing men and women who have deeply held views on the role of government, individual freedom, and the free enterprise system. Some will happen to run as Republicans, but dare I say, even as Democrats in some locations—but it is only this originalist worldview (shared by the Founders) that will turn our country around and put us back on the path of prosperity and freedom.
The Constitution: Original Intent or ‘Living Document’?
Posted by: | Comments(First published in the October 2004 issue of The American Legion magazine)
The subject of constitutional interpretation may seem like a topic best fitted for an ivory-tower debate, but it actually has a very real and dramatic impact on daily life (as will be demonstrated shortly). In recent years, two competing viewpoints have emerged.
Probably the first exposure most citizens had to the two views came during the 2000 presidential debates. When asked what type of judges should be placed on the bench, candidate Bush responded: “I believe that the judges ought not to take the place of the legislative branch of government … and that they ought to look at the Constitution as sacred.… I don’t believe in liberal, activist judges; I believe in strict constructionists.”1 Candidate Gore countered, “The Constitution ought to be interpreted as a document that grows.”2 Gore later stated, “I believe the Constitution is a living and breathing document.… We have interpreted our founding charter over the years, and found deeper meanings in it in light of the subsequent experience in American life.”3 So, the two choices are … follow original intent, or construct a living constitution.
United States Constitution With Signers
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G°. Washington
Presidt and deputy from Virginia
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Delaware
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New Hampshire
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Geo: Read
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John Langdon
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Gunning Bedford jun
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Nicholas Gilman
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John Dickinson
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Richard Bassett
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Massachusetts
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Jaco: Broom
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Nathaniel Gorham
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Rufus King
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Maryland
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James McHenry
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Connecticut
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Dan of St Thos. Jenifer
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Wm. Saml. Johnson
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Danl. Carroll
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Roger Sherman
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Virginia
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New York
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John Blair–
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Alexander Hamilton
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James Madison Jr.
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New Jersey
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North Carolina
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Wil: Livingston
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Wm. Blount
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David Brearley
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Richd. Dobbs Spaight
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Wm. Paterson
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Hu Williamson
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Jona: Dayton
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South Carolina
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Pennsylvania
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J. Rutledge
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B Franklin
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Charles Cotesworth Pinckney
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Thomas Mifflin
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Charles Pinckney
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Robt. Morris
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Pierce Butler
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Geo. Clymer
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Thos. FitzSimons
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Georgia
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Jared Ingersoll
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William Few
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James Wilson
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Abr Baldwin
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Gouv Morris
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United States Constitution
Posted by: | CommentsThe Constitution of the
United States of America
Preamble to the Constitution of the United States
We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE I
Section 1. All legislative powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
No person shall be a Representative who shall not have attained to the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.
[Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons.] The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six; New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
(The preceding portion in brackets is amended by the Fourteenth Amendment, Section 2).
When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.
Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty years and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
The Vice-President of the United States shall be President of the Senate but shall have no vote unless they be equally divided.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to Law.
Section 4. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
Section 5. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
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.
Each House shall keep a journal of its proceedings and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the Journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days nor to any other place than that in which the two Houses shall be sitting.
Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created or the emoluments whereof shall have been 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. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he approve, he shall sign it, but if not he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect shall be approved by him, or, being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives according to the rules and limitations prescribed in the case of a bill.
Section 8. The Congress shall have power 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;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations and among the several States and with the Indian tribes;
To establish an uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas and offences against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a Navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
To provide for organizing, arming, and disciplining the militia and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;—and
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof.
Section 9. The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation not exceeding ten dollars for each person.
The privilege of the writ of Habeas Corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation or other direct tax shall be laid unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any State.
No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another.
No money shall be drawn from the Treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign State.
Section 10. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money, emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No State shall, without the consent of the Congress, lay any imposts of duties on imports or exports except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II
Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years and, together with the Vice-President chosen for the same term, be elected as follows:
Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative or person holding an office of trust or profit under the United States shall be appointed an elector.
[“The electors shall meet in their respective States and vote by ballot for two persons of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for and of the number of votes for each; which list they shall sign and certify and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The person having the greatest number of votes shall be the President if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.”]
(The preceding section has been superseded by the Twelfth Amendment).
The Congress may determine the time of choosing the electors and the day on which they shall give their votes; which day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years and been fourteen years a resident within the United States.
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected.
The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.”
Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose appointments are not herein otherwise provided for and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the Courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting commissions which shall expire at the end of their next session.
Section 3. He shall from time to time give to the Congress information of the state of the Union and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Section 4. The President, Vice-President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
ARTICLE III
Section 1. The judicial power of the United States shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority:—to all cases affecting Ambassadors, other public Ministers and Consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more States;—between a State and citizens of another State;—between citizens of different States,—between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects.
In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact with such exceptions and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
Section 3. Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted.
ARTICLE IV
Section 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Section 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
A person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime.
No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
Section 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States or parts of States without the consent of the legislatures of the States concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State.
Section 4. The United States shall guarantee to every State in this Union a republican form of government and shall protect each of them against invasion; and on application of the legislature, or of the Executive (when the legislature cannot be convened), against domestic violence.
ARTICLE V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution or, on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments which, in either case, shall be valid to all intents and purposes as part of this Constitution when ratified by the legislatures of three fourths of the several States or by conventions in three fourths thereof as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
ARTICLE VI
All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation.
This Constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
ARTICLE VII
The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.
DONE in convention by the unanimous consent of the States present the seventeenth day of September in the Year of our Lord one thousand seven hundred and eighty seven, and of the independence of the United States of America the twelfth.
David Barton, Original Intent : The Courts, the Constitution & Religion, 1st ed. (Aledo, TX: WallBuilder Press, 1996), 355.