Saturday, June 20, 2020

The Constitution of the United States Part 7: "State relationships"

Article IV of the Constitution lays out how states will interact with each other. Under the Articles of Confederation, States were held in "loose friendships" and almost acted as small, independent countries with various rules governing how states would interact with each other. As with most issues under the Articles of Confederation, the States needed a "mom" or "dad" to help settle disputes. Enter the U.S. Constitution, 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.
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This basically says that each state must recognize laws, records, and court decisions that were made in other states. This doesn't mean that they have to be enforced the same, nearly recognized. For instance, a person who has a Michigan driver's license will be allowed to drive in all other states. Each state recognizes that Michigan drivers license as a public record and honors it. 

However, a Michigan hunting license will not have the same effect in Wisconsin. Although Wisconsin will recognize that a person has the right to hunt as in every other state, they have their own licensing procedure that individuals must adhere to.
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 Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
 This section lays out the rights of citizens as they travel. The first clause states that citizens can travel from state to state and still have all the rights of every other citizen. The best way I can illustrate this is to think of Europe. If you travel from Germany to France, you will not be subject to the same set of rules and rights. They are two independent countries that operate as such, much like how states functioned under the Articles of Confederation. Under the United States, there are rules and rights that are granted to all Americans, regardless of state. Clause one of section two makes that clear.

Claus two goes in the other direction. You have rights that are prevalent in all states, but if you commit a crime in one state and try to go to another state in order to escape from the consequences, you will be returned. For example: If you rob a bank in Iowa, then travel to Colorado and get caught, clause two states that if Iowas ask for you back, you will be sent back to Iowa, because they have jurisdiction of the crime.

Clause three is known as the "Fugitive Slave Clause" and provides a way for slave owners to recover escaped slaves who cross into non-slave states. If a slave from Missouri (A Slave State) escaped into Illinois (A Free State), that slave would be considered "free" unless the slave owner were to find that slave and provide a certificate of ownership, then the slave would be taken back to their owner in Missouri. This was a fine-line walked by the Constitutional convention, allowing for escaped slaves to be free as in clause one, while allowing for extradition as in clause two.

Ratification of the 13th Amendment on December 6, 1865, rendered clause three obsolete.
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.
With only 13 states ratifying the Constitution, the founders knew that America would expand. The first sentence lays it all out. Congress may admit new states! Notice that there is no indication of how they are to do this! It was decided at the convention to let the elected congress figure it out. Most of the time, a state was admitted after being a territory for a while, but not always. California for instance was never a U.S. territory. 

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The second part of clause one is very interesting. Living in the Upper Peninsula of  Michigan, there are always people that think we should become the 51st state. Not a bad idea! But what does the constitution say about it? 

In order to become the 51st state, the U.P. would have to get the content of the states concerned, Michigan for sure, and also Wisconsin. Wisconsin because they would no longer share a border with Michigan. What about states that share the border of Lake Superior and Lake Michigan? My guess is that their state legislators would have an opinion. Once it was okayed by all the states involved, the U.S. Congress would also have to agree. Although possible, the founders wanted to make it difficult on purpose noting that a state could only be divided into multiple states with the content of everyone involved. This limited congress while empowering the states. 

Clause two of section three sets up the development of U.S. territories. This was widely used in the Americas early days when it was expanding. Basically, it states that Congress can set up a government for territories and rule them at the federal level, but until they achieve statehood, they will have no representatives at the federal level. This allowed for territories to achieve a "rolling start" into statehood by establishing a governing body and following federal guidelines until they were admitted as a state and could send representatives to congress.
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.
This section sets a limitation on the states that they must have a Republican form of government. That means that they must choose state and local governments by some form of election. It is not specified how they do this, only that it be done. This gave the states flexibility in how they set up their governments as long as they fit within the guidelines of a republic, meaning that leaders are elected and that the state is ruled by laws. 

The second part of section four spells out two of the principals laid out in the preamble, "Provide for the Common Defense" and "Promote Domestic Tranquility." Basically, it is the job of the federal government to protect the states from foreign governments and from each other.





~~~
Here is a link to the U.S. Constitution.


Leave a comment and share this post!


Resources:

Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.

Other various sources.

Monday, June 8, 2020

The Constitution of the United States Part 6: "The Judicial Branch"

Article III of the U.S. Constitution lays out the Judicial branch. Article III is fairly short for the complexity of our court system. Remember as you read that this is strictly the federal court system that leads to the U.S. Supreme court. There is no higher court. If a case makes it to the Supreme court, their decision is final.
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 Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Although this section establishes the Supreme court, the number of justices is not defined! This is left up to Congress, and the number has changed over the years. Remember back to Article II that the President of the United States appoints justices, with congressional approval. Separation of Power at it's finest! In the table below you will see that in 1866 the number of Justices decreased by three. Congress did this in order to prevent President Andrew Johnson from appointing anyone new.

 Year   Number of Justices
 1789  6
 1807 7
 1837 9
 1863 10
 1866 7
 1869 9

If you remember in Article I and II of the Constitution, there were guidelines for becoming a representative, senator, and President. They involved age as well as citizenship. Note the lack of any qualification here. There are none! I think that our founding fathers assumed that if someone was appointed by the President, and approved by the Congress, that would be qualification enough.

Inferior, or lower, courts can be established and abolished by congress as they see fit. Nothing fancy there. 

The last part lays out that Supreme court justices and other federal judges will keep their jobs for as long as they want them. They can not be fired, but provisions set up in Article II allows for their impeachment. Also, the constitution lays out that they will receive a paycheck, and can never take a pay-cut.

Section two is a bit more robust, so we will break it down into its three parts.
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.
This clause is stating where the judicial power of the Supreme court will reign. The things that must be determined by the Supreme court or it's inferior courts, such as when the United States is against someone when two states have a dispute, and when a foreign country is involved, are all outlined here. It makes sense too. If North Carolina wanted to take South Carolina to court over a dispute on where the border between them was, they would need a "big brother" to step in and make a decision.
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 appellateJurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
This clause is identifying when the Supreme court will have original jurisdiction, which means when it will take the lead and when it will have appellate jurisdiction, in which an inferior court will take the lead, with the supreme court taking on the case if necessary. 
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.
This language comes right out of the mouths of men who saw the opposite happen. Under the rule of King George, trials were not by a jury, and they were often not held where the crime was committed. The King would force the accused to travel to England and the accused would be found guilty. In the Preamble, the founding fathers' first point was to, "establish justice." You will see this get spelled out again in the 4th, 5th, 6th, 7th, and 8th amendments. 

Section three really focuses on the crime of Treason.
Treason is defined as: "the crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government." Here's hat section three of Article III in the U.S.  Constitution says about it.
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.
Again, the founders use their experiences with a tyrant to set up their ways of dealing with treason. Prior to the Declaration of Independence (Start my five-part series here!) representatives sent King George the, "Olive Branch Petition" asking, almost begging him to leave the colonists alone. Instead, he called: "TREASON!"  

When the founders had enough and drafted the Declaration of Independence, logically laying out human rights, the ways the king had been oppressing them, how the government had failed, and eventually declaring themselves independence the king called: "TREASON!"

Instead, the founders were very precise in how they defined treason and how someone would be found guilty of it to protect its citizens from being falsely accused. That is the reason for the two witnesses and the overt act, or congestion in open court. You can't be accused of treason secretly!

The last sentence gives Congress the power to declare the punishment but does not allow for any family members ("blood") to inheriting the property of someone convicted of treason for the course of a convicted persons' life. 

That's it: The Judicial branch.
It seems like it would be more complicated, but it's not!

I hope you learned something and I would appreciate any comments you might have.
Next week we will cover relations between states.

~~~

Here is a link to the U.S. Constitution.


Leave a comment and share this post!


Resources:

Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.
Other various sources.

Tuesday, June 2, 2020

The Constitution of the United States Part 5: "The Executive Branch"

Article II of the U.S. Constitution lays out the guidelines for the executive branch.  Let's dive right in!

Section 1: The President
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
 Recommending that there be one person in charge of the executive branch drew a lot of groans from members of the constitutional convention who remembered the tyrannical leadership of King George II. James Wilson explained that clear, timely, and responsible leadership would only be available if there were a single person in charge. 

Edmund Randolph of Virginia suggested that there be thee people in charge of the executive branch, all from different parts of the country. Benjamin Franklin was against the single executive idea stating that, "The first man put at the helm will be a good one, nobody knows what sort may come afterward."

After rigorous debate, it was decided that there would be a single person in charge of the executive branch, but that person would only hold the position for four years. Note that it says nothing about limits on re-election. That won't come about until 1951 with the ratification of the 22nd Amendment. 

As you can imagine, there was also much debate on what to call this single point of contact in charge of the executive branch. They settled on, "President of the United States of America," then tried to figure out how this person should be elected.

The Electoral College

Three big ideas were debated on how to elect the President. One idea was to have the Congress elect a president. However, this went against the principle of separating powers that the founders were trying to achieve. Another idea was to have the President elected by popular vote. This idea was shot down by James Madison. He argued that people would most likely vote for candidates from their home state, making it unfair to candidates from smaller states. James Madison was from a large state, Virginia.

The third option suggested that a special group of people called, "electors" be responsible for choosing the president. It was believed that this group of people would be able to look at more than just state interests and make a decision based on the needs and wants of the entire country. Before 1820, state governments chose electors, but since 1820 the people choose the electors based on their vote for President. It's important to note that the number of electors for a particular state is equal to their number of Representatives and Senators combined.
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.
This seems pretty straight forward unless more than two people are running for President. This was exposed in the election fo 1860 when Abraham Lincoln had the most electoral votes which equaled 40%. Lincoln wasn't even on the ballot of 10 states in the South! More on that later. This section then goes into how a President is chosen if no candidate has a majority of the electoral votes. I'll save you some reading; Congress chooses.
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.




Hillary and the Electoral College | GilaValleyCentral.Net
2016 Electoral Map (Gila Valley Central)
In the next part, the method in which the electors operate is pretty confusing. I'll post small parts to break it down.
This is to stick with the idea that electors would be thinking of the country as a whole and not just their state.
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;
This part is very interesting:
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.
This was changed by the 12th amendment so that each President and Vice President is voted on separately. Can you imagine a President Trump and Vice President Clinton? Or a President Obama with a Vice President McCain? 

Qualifications

Article II then explained who is allowed to be the President of the United States. The founders were adamant that this government be of, by, and for the people. The President, they believed, should be a citizen of "The People" that was elected by "The People", not a King or Dictator that received their position because of family ties or military might. Here are the criteria.
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.
1) Must be a natural-born citizen: Each President must be born as a U.S. citizen. Naturalized citizens may serve in Congress, but they may not serve as President.
2) Must be at least 35 years old: Representatives must be 25, Senators must be 30, and the President must be 35.
3) Must have lived in the U.S. for 14 years: Again, compared to Representatives at seven years a U.S. resident and Senators at nine.

Defending the Constitution

The next part explains how to replace the President in the event he is unable to fulfill his obligation, which has been modified by the 20th and 25th Amendments. It then states that the President shall receive payment, which will not be increased or decreased while they are in office. Along with this, it states that they are not to make any other money while serving as President.

Reagan delivers his second inaugural address, Jan. 21, 1985 - POLITICO
President Regan; 1985 (Politico)
The last paragraph of section one states the oath of office that the President takes as they are sworn in.
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.”
Note that the President is swearing to preserve, protect, and defend the Constitution and not the people, the congress, etc. The founders always wanted the government to be grounded in principle and that principle was laid out in the document they were creating.

Section 2: Duties

Command

Section two outlines the duties that the President holds as Commander of all the armed forces, set up his advisors, 
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; 
Is states that the President is the Commander in Cheif of the Army and the Navy all the time, but says that he only has that authority over state militias when they are called into service of the United States. Those militias are commanded by their state governors on an everyday basis.

Advisors
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, 
This is referring to the Presidents advisors or, Cabinet. The first President, George Washington, established the Secretary of War, Secretary of the Treasury, and the Post Master General. As of this writing, there are 15 executive departments in President Trump's cabinet, which must be confirmed by the senate.

Pardon

and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
This gives the President the power to forgive certain crimes against the United States. This may be done for a wide variety of reasons. Sometimes is it to allow the country to move on. For instance, President Washington pardoned two men for their role in the Whiskey Rebellion. President John Adams also pardoned men for their role in the Whisky and Fries Rebellion. 

One of the most famous pardons was granted to President Richard Nixon by President Gerald Ford after Nixon resigned from the Presidency following the Watergate scandal. President Nixon was under investigation and was headed for removal from Impeachment when he resigned. President Ford graded him a full and unconditional pardon in the only pardon ever grated to a former President.

Treaties and Appointments
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.
In the Articles of Confederation, states could make their own deals with other countries. You can imagine that countries would pit states against each other to try and make the best deal for themselves. The constitution put treaties in a single point of contact so that the President could make the best deal for the United States instead of having individual states being taken advantage of. 

The President also makes their pick for other positions, including ambassadors and judges for the Supreme court. In a beautiful balance of power, these appointments are not absolute until confirmed by the senate.
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.
This is an interesting power that gives the President flexibility when the Senate is in recess and unavailable to confirm an appointment. If there is a position that needs to be filled while the Senate is away, the President may fill it, without Senate approval. That appointment may last until the Senate comes back and leaves again. Sometimes the Senate will approve the "recess" appointment, and sometimes they will not. It allows the President to keep a full complement of advisors in a "take it now, pay for it later" kind of system.

Section 3: Interacting with Congress

State of the Union
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;
Trump's State of the Union address 2019 transcript annotated
2019 State of the Union (Financial Times)
Presidents use to simply provide Congress with a written report of how the country was doing and the priorities they wanted to see during the next calendar year. Every President since Woodrow Wilson in 1913 has gathered both houses and given the address orally. First on the radio, and now on television and streaming, the President gives the State of the Union not only to Congress but to the world.
 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;
Basically, if Congress is not getting along, the President can call them together, or adjourn them. He can not make laws or do their job for them, but he can force them to do their job.

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.
Along the same lines as having a single point of contact for treaties, the President may also meet with foreign leaders on behalf of the United States. It clears up confusion in foreign affairs. If you are meeting with the President of the United States; You are meeting with the United States.

Section 4: Removal

The Founders understood that people were flawed and that giving one person the power of the presidency without the ability to remove them could be disastrous. After all, Cesar was elected with no way of removal other than by force.
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.
This is a two-part process. If you go back to the sections on the House of Representatives and the Senate, it will explain further. To be removed from office, the President must be impeached by the House of Representatives. This is done by a simple majority. Think of this part as the investigation leading up to a trial. Then the Senate, who "has the sole power to try all impeachments" will place the President (or other officials) on trial. Each senator casts one vote as either guilty or non-guilty. To remove the President 2/3 of the Senators must vote guilty. 

The founders knew that there needed to be a process to remove the President, but they also knew that it must be thorough. Again we see the separation of power in that both houses of Congress take part in an Impeachment. The judicial branch gets involved as well when a President is on trial. The Chief Justice will preside over the proceedings when the President of the United States is being impeached. 

As for the crimes, the founders also knew that a President shouldn't be impeached for frivolous actions. Treason against the United States; That's pretty serious. Bribery from the position of the Presidency; That's pretty serious. "Other high Crimes and Misdemeanors" allow this clause to change with the times.

There it is. The Executive Branch.
I would really appreciate comments and/or questions that you may have!


Next week we will dive into the Judicial branch!


~~~

Here is a link to the U.S. Constitution.


Leave a comment and share this post!


Resources:

Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.

Other various sources.