Considering the Constitution, Article One

The first article of the U.S. Constitution concerns the Legislative Branch.  All legislative powers are established in the Congress, and may not be delegated to others.  This means that the Executive and Judical branches may not make laws.  The Executive Branch may suggest laws, but primarily enforces laws.  The Judicial Branch interprets laws, and applies them to specific cases heard before them.

The Congress is composed of the House of Representatives and the Senate.  The number of Representatives is based on a census to be taken every 10 years, and you may have one representative in the House  for every 30,000 citizens (clause 3).  Initially, a direct tax was placed on states in proportion to the number of citizens.  The 16th Amendment eliminated this in favor of an Income Tax.

Impeachment begins in the House of Representatives which determines what is an impeachable offense, and whether grounds for impeachment exist.  The Senate tries the impeachment.  An impeached person may be removed from governmental office, and is still liable to be charged in either civil or criminal court.  2/3 of the members present must find the accused officer guilty.

The speech of Representatives and Senators during debate is protected from legal action outside of the Congress (Section 6).  Congress may discipline its members for speaking slander, for instance.  But one Senator may not take another to civil court.  This is intended to protect their rights to argue their side of the case without fear of legal action.

Section 7 covers bills.  If a law is passed by the House and Senate, it must then be approved by the President.  If vetoed, he noted objections are brought to the body that originated the Bill.  If 2/3 vote to approve said bill, it passes to the other body.  If 2/3 of that body approves the Bill, it becomes law.  This provides a check on the legislature, so bare majorities may not tyrannize the populace.  All revenue bills are to originate in the House, though the Senate may propose amendments (those dreaded earmarks).

Here are the powers of Congress:

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 a 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 right 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 offenses 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.

You wouldn’t think too much is controversial there.  It provides for the arts and sciences by enforcing copyrights and patents.  To fund the arts, that would be another story which seems out of touch with the language and intent of the framers.

Congress declares war.  The President may request that war be declared, but the final decision rests on Congress.  So …. the contention that the War in Iraq is Bush’s war is fairly disingenuous.  Congress agreed with the President on the basis of the intelligence reports (which agreed with the intelligence reports of our allies).  President Bush did not violate the Constitution in this matter.  Noticeable by its absence is “oversight of the executive branch”.  This phrase, used by Nancy Pelosi, has no grounding in the Constitution.

The main problem we find here is defining the “general welfare”.  Some define this narrowly, and others use this to increase the power of the State and move us toward socialism.  Yes, you can probably figure I am for smaller government and a narrowly defined “general welfare”. 

Article 10 places the limits on states’ rights.  We are united in terms of military, treasury, treaties with foreign governments and trade between the states.  Texas can’t have a trade agreement with Mexico, nor can Florida raise an army to invade Cuba.  Montana is not free to issue their own currency either.