Article II describes fundamental powers and responsibilities of the Chief Executive of the Administrative Branch of government: the Presidency.

Section 1

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:
2. • 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.
3. 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 chuse 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 chuse the President. But in chusing 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 chuse from them by Ballot the Vice President.
4. • The Congress may determine the Time of chusing the Electors,
   • and the Day on which they shall give their Votes;
   • which Day shall be the same throughout the United States.
5. • 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.
6. 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.
7. • 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.
8. 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

1. • 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 Offences against the United States, except in Cases of Impeachment.
2. • 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.
3. 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.

Section 10

(Clause 1)

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.

The power to make treaties is an Art II sec 2 cl 2 federal authority prohibited to the States. Nor are the States allowed to make Alliances or “private” Confederations with other states or countries.

Granting letters of Marque and Reprisal is an Art I sec 8 cl 11 federal authority denied to the States.

The power to coin money is an Art I sec 8 cl 5 federal power denied to the States.

No State shall:

States cannot “emit Bills of Credit“, meaning they cannot pass IOUs.

States cannot make any Thing but gold and silver Coin a Tender in Payment of Debts. This has become a contentious issue. Some conservatives want to use this to get rid of Federal Reserve Notes – and the Federal Reserve. But then they want to turn around and pass paper based on gold and silver coins. They want people to write checks from accounts based on these coins, which negates their argument for getting rid of Federal Reserve Notes in the first place. It is also something prohibited to the states – by this clause. Checks, money orders, credit cards, debit cards, all of it would have to go away. Economic apocalypse.

These are things that are also forbidden to the Federal government:

• pass any Bill of Attainder,
• ex post facto Law,
• or Law impairing the Obligation of Contracts,
• or grant any Title of Nobility.

(Clause 2)

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s 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.

The states cannot tax imports and exports to generate revenues.

(Clause 3)

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.

Without the permission of Congress:

The states cannot charge for shipping through their waterways.

The states cannot maintain warships or a standing army in times of peace, or wage war on their own except in defense of invasion.

The states cannot make legal compacts with other states or foreign nations.

The Constitution does not allow the states to form subgroups of states.

<== Article I sec 9
Article II ==>

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Section 9

(Clause 1)

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.

• Slavery cannot be abolished before 1808.
• The government can charge no more than $10/slave for importation.

This clause has become a moot point, with only historical value. It is a relic of the negotiations and compromises that took place in writing the Constitution.

(Clause 2)

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.

So what is “Habeas Corpus”?

A writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and justify the prisoner’s detention. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the court may order the prisoner’s release. Habeas corpus relief also may be used to obtain custody of a child or to gain the release of a detained person who is insane, is a drug addict, or has an infectious disease. Usually, however, it is a response to imprisonment by the criminal justice system.

The Free Dictionary

or, in other words (literally):

A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another’s detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error.

Habeas Corpus

or more simply put:

Habeas corpus is a Latin term meaning “you have the body”. It is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner in order to determine the legality of the prisoner’s confinement.

Habeas Corpus Law & Legal Definition

A writ of habeas corpus is a summons with the force of a court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. If the custodian does not have authority to detain the prisoner, then he must be released from custody.

When someone gets arrested and locked up, someone can demand that the incarcerating agent prove that the incarceration is lawful except for two specific conditions:

1. there is a rebellion in progress and the public safety would be threatened
2. there is an invasion in progress and the public safety would be threatened

Essentially, it means whenever the government loses or may lose control of “the streets”, when the continuation of the government is threatened.

(Clause 3)

No Bill of Attainder or ex post facto Law shall be passed.

A bill of attainder (also known as an act of attainder or writ of attainder) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.

An ex post facto law is a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law.

(Clause 4)

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

This is the part that banned an income tax until the 16th amendment was adopted. Before that, a direct tax would have to be based on population, not income. Very regressive.

(Clause 5)

No Tax or Duty shall be laid on Articles exported from any State.

I believe the original intent was that federal revenues would be derived from foreign trade, not domestic trade between states. The concern being that the states would not be treated equally, given the variations in trade goods from each state. Some states were more industrial, some more agricultural, and each had a unique mix of natural resources. Still do. Applying the same Tax or Duty on all states would not guarantee equal treatment. The original free-trade zone.

(Clause 6)

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 favoritism for states or ports. No interference, between states, of shipping.

(Clause 7)

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.

All expenditures must be agreed to by the legislative process. The expenditures must also be made public.

(Clause 8)

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.

The Founders rejected both the institutions and titles of aristocracy, and prohibited the same.

<== Article I sec 8
Article I sec 10 ==>

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Section 8

(clause 1)

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Congress has the power to raise revenue by imposing and collecting:

• Taxes,
• Duties,
• Imposts,
• and Excises.

Note that Taxes were not included in the uniformity requirement. As the word “Excises” is followed by a comma instead of a semicolon, I take it to mean that this power to raise revenues is only for the purpose of:

• Paying the Debts of the United States.
• Funding the common Defense of the United States.
• Funding the general Welfare of the United States.

The big question here is just what falls under the umbrella of “general welfare”?

(clause 2)

To borrow Money on the credit of the United States;

Congress must authorize the borrowing of money. Pretty straightforward stuff. Of course, it comes with the implied mandate to maintain the credit-worthiness of the United States, and to repay borrowed money. The Framers would have known, they had the debt accumulated from the Revolutionary War to repay. One of the reasons for a strong central government was the inability of a weak central government to repay that debt.

(clause 3 – the Commerce Clause)

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

While simple enough, this is arguably the most contentious clause in the Constitution. Simply put, it gives Congress the power to regulate any Commerce that crosses state or national borders. Part of the question is: what constitutes “commerce”? Is it limited to business activities that cross state lines or does it include businesses that have effects that cross state lines?

(clause 4)

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

• Congress has the power to establish the rules of immigration,
• Congress has the power to establish uniform laws concerning bankruptcies, even within the States.

Immigration laws relate directly to matters of sovereignty.
Obviously, they considered the process of bankruptcy very serious.

(clause 5)

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Congress has the power to

• make our own currency.
• regulate the value of our currency,
• regulate the exchange rate for foreign currency,
• and set standards of weights and measures.

(clause 6)

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

As Congress makes our physical currency, it is logical for them to protect it from forgery. I imagine that “securities” refers to what is issued in exchange for borrowed money. Interestingly, the counterfeiting of private securities and foreign money are not covered here.

(clause 7)

To establish Post Offices and post Roads;

Initially, postal service was critical to communication and commerce. Mail contracts also helped subsidize things from the Pony Express to the aviation industry. While the need for traditional postal services is waning, the need for reliable methods of transferring official communications (and the essence of Post Offices and post Roads) will continue to exist. Postal mail carries privacy and security protections by law that alternatives do not.

(clause 8)

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;

Copyrights and Patents. Note that the purpose is to promote progress, not protect profits.

(clause 9)

To constitute Tribunals inferior to the supreme Court;

Congress, not the Supreme Court, creates the lesser courts.

(clause 10)

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Congress has the power to make laws regarding crimes committed on our territorial waters.
Congress has the power to make laws regarding the behavior of other countries toward us, and our behavior toward them. Think “Act of War” and rules of diplomacy.

(clause 11)

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Congress has the power to declare war.
Congress has the power to grant Letters of Marque and Reprisal.

A Letter of Marque and Reprisal in effect converted a private merchant vessel into a naval auxiliary. A commissioned privateer enjoyed the protection of the laws of war. If captured, the crew was entitled to honorable treatment as prisoners of war, while without the license they were deemed mere pirates “at war with all the world,” criminals who were properly hanged.

Congress has the power to make Rules concerning prisoners and captured material (like ships, tanks, and weapons).

(clause 12)

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Congress has the power to raise and support military land forces, but this does not necessarily mean a standing army is required. The limitation on the duration of military appropriations implies that our armed forces were not intended to be a standing army. This restriction has been defeated by annual reiterations of the military appropriations.

The plans to rely on the state militias as the first line of defense ended with their poor showing in the War of 1812. It became clear that a standing army was required.

(clause 13)

To provide and maintain a Navy;

Congress has the power to raise and support military naval forces. This does not carry the same limitation of appropriations as the land forces. This could be a consequence of the importance of waterways in transportation and commerce, or a recognition that the ocean was (and still is) our first line of defense against invasion.

(clause 14)

To make Rules for the Government and Regulation of the land and naval Forces;

Congress has the power to make uniform rules regulating military forces in the United States.
The Constitution was signed on September 17, 1787. The first manned flight, a hot air balloon, happened in Paris only 4 years earlier – November 21, 1783. It is not surprising that the Framers did not anticipate the need for armed forces in the air.

(clause 15)

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for. To make laws setting the procedure for activating the militias:

• to execute the Laws of the Union
• to suppress Insurrections
• to repel Invasions

I interpret “Laws of the Union” to mean federal laws, but it could include state laws.

(clause 16)

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;

The federal government sets the rules for organization, conduct, and training. It also supplies the weapons for the militia (National Guard).
The federal government only governs the part of the militia that has been activated under clause 15.
The states appoint the officers of their own militias, and perform the training defined by Congress.

(clause 17)

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, dock-Yards, and other needful Buildings;–And

Congress performs the function of a state legislature in the District of Columbia, and all military property purchased from (and existing within) the individual states.

(clause 18)

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.

Congress has the power to make the laws necessary to carry out:

• the powers enumerated in this section
• the powers vested in all parts of the government
• the powers vested in any department or officer (office holder) in the government

<== Art I sec 7
Art I sec 9 ==>

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• Whereas the election of government Officials is an exercise of sovereignty over a representational form of Government;
• Whereas the authority of our Government derives from the consent of its Citizens;
• Whereas petitioning elected Officials is an exercise of sovereign power;
• Whereas the success of a democracy – and a representational form of government – depend on a well-informed electorate, and thus influencing their judgment;
• Whereas money is a decisive factor in controlling the information presented to the electorate;
• It is a natural conclusion that money from sources other than Citizens, when applied to the political process, interferes with our natural Sovereignty.

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States protecting the political sovereignty of the Citizens of the United States of America.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States of America, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:

Article

Section 1

All references to “persons” made in the Constitution and the Amendments thereof, shall mean only natural born persons.

Section 2

The rights of “artificial persons” shall be inferior to the rights of natural persons, and consist only of those rights granted by United States Code and the laws of the several States.

Section 3

The exercise of sovereign authority is a right reserved exclusively to the Citizens and Nationals of the United States.

Section 4

This is a preliminary draft.

The concept here is not to revoke corporate rights, but to deny them constitutional protections. Corporations are neither human beings nor citizens, and should not have equal rights.

Shortlink

• Voters Can Fix the Court’s Citizens United Mistake
• We The People, part 1
• The GOP and the Banks: Cutting the Garlic Budget as the Vampires Attack
• The Ties that Blind: How the Most Powerful American Entities Have Brought the Country to Its Knees
• CITIZENS UNITED v. FEDERAL ELECTION COMMISSION
• Corporate Citizenship: How Public Dissent In Paris Sparked Creation Of The Corporate Person

Thom Hartmann: SCOTUS says corporations are people but women are not

Related articles

• Summary of Politics (socyberty.com)
• A checklist for our sovereignty (sanasaleem.com)
• Miwok Tribe Settles Lengthy Sovereignty Dispute (indiancountrytodaymedianetwork.com)
• Pleading the 10th – Tea Party Nation (gds44.wordpress.com)
• Do you Really have Rights? (yumaprogressive.wordpress.com)

Section 7

(clause 1)

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.

The House of Representatives is the House most closely tied to the citizens. Direct election and a two-year “short leash” make them the most accountable to the voters. As such, they are the ones responsible for initiating the raising of revenues. This means Taxes, Duties, Imposts, Excises, and borrowing. This does not mean spending Bills must originate in the House of Representatives.

(clause 2)

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become 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 Bill agreed to by Congress is presented to the President for approval.

1. If the President signs it, it becomes a law.
2. If the President disapproves, he/she returns it to the originating House with his objections. That House must record the objections and reconsider it. If 2/3 of that House vote to override the veto (disapproval), it is sent to the other House for reconsideration. If the other House also votes by 2/3 majority to override the veto, it becomes a law.
3. If the President neither signs it or returns it for more than 10 days (not counting Sundays), it becomes a law unless Congress adjourned before the 10 days are up.

All votes to override a veto are done by roll-call.

(clause 3)

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 re-passed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Generally, the President has the power of approval or disapproval over every “Order, Resolution, or Vote” that requires agreement between the Houses. This provides a check on the legislative process. To keep this power from being abused, Congress can override administrative disapproval with an overwhelming (2/3) vote by each House.
But that’s not the whole story. For one thing, the adjournment of Congress is given an exemption to this, though Art. II, sec. 3 gives the President certain authority over the convening and adjourning Congress.
For another thing, there are implications tied to the undefined terms.

Congressional bills are legislative proposals from the House of Representatives and Senate within the United States Congress. There are six different types of bills.

House bills (H.R.) and Senate bills (S.) require the approval of both chambers (ie House and Senate) and the signature of the President to become law.

House Joint Resolutions (H.J. Res.) and Senate Joint Resolutions (S.J. Res.) require the approval of both chambers and the signature of the President. Joint resolutions generally are used for limited matters, such as a single appropriation for a specific purpose and to propose amendments to the Constitution.

House Concurrent Resolutions (H. Con. Res.) and Senate Concurrent Resolutions (S. Con. Res.) require the approval of both chambers but do not require the signature of the President and do not have the force of law. Concurrent resolutions generally are used to make or amend rules that apply to both chambers.

House Simple Resolutions (H. Res.) and Senate Simple Resolutions (S. Res.) address matters entirely within the prerogative of one chamber or the other. They do not require the approval of the other chamber or the signature of the President, and they do not have the force of law.

My rule of thumb: if it affects more than Congress itself, it requires Presidential approval – unless a super-majority of Congress wants it badly enough.

<= Article I, sec. 6
Article I, sec 8 =>

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Section 6

(clause 1 – AKA the Speech or Debate Clause)

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.

• The Members of Congress are compensated for their service. Note: compensation does not specifically mean salary, it can also include things like health care and official expenses.
• The manor of compensation must be defined (and therefore limited) by law.
• The money for their pay comes from the Treasury, not their respective State.
• Members of Congress enjoy a degree of immunity from arrest while attending a session of Congress. This is not the same as Governmental Tort Immunity or Sovereign immunity. This is a recognition that arresting a Member of Congress while Congress is in session, interfering with the Member’s ability to do the business of Congress, could have national consequences that far exceed the value of immediately arresting someone for a misdemeanor offense. It also prevents the President from arresting Members of Congress in order to manipulate a particular vote. When contemplating the meaning of “during their Attendance” and “going to and returning from the same”, consider the state of travel and communication at the time.
• The ability to speak in an uninhibited manor is necessary to political debate. As such, Members of Congress cannot have their words or intentions questioned outside of chambers. Disagreement is to be expected, but threats, intimidation, and defamation are forbidden.

(Clause 2 – AKA: Ineligibility Clause, Incompatibility Clause, or Sinecure Clause.)

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 encreased 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.

1. No Member of Congress can be appointed to a federal Office for which:
   • the office was created during the Member’s term of office, or
   • the Office existed and the compensation for it was increased during the Member’s term of office’
2. No person holding a federal Office can keep that Office and still be admitted as a Member of Congress. I presume that this goes back to Article I sec 5, where each House is the Judge of Qualifications of its own Members .

<= Article I, sec 5
Article I, sec 7 =>

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Section 5

(clause 1)

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 the final judge of the election of their members; whether they were legitimately elected and meet the qualifications.
• A chamber of Congress cannot do business without a simple majority of the members present, except:
  • for the business of adjournment or
  • to compel its members to show up to do business.
• Each house can determine the methods and penalties that can be used to compel attendance.

(clause 2)

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House can write their own rules:

• for doing its business (Parliamentary Procedures),
• for punishing disorderly Members, and
• expelling a Member – if 2/3 of the Members agree.

(clause 3)

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.

Each House must keep a record of what it does, and publish it periodically. Portions they believe require secrecy need not be published (publicly).

1/5 of the Members can require that the vote of each Member, on a particular question, be entered into the record.

(clause 4)

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.

Neither House can adjourn for more than 3 days without the consent of the other House. Nor can either House convene at a separate location. House Concurrent Resolution 1 (H. Con. Res. 1) attempts to establish this consent with the Senate, under certain conditions, to convene someplace outside of D.C. – if, in their (Speaker and Senate Leader)  opinion, the public interest shall warrant it.  Not due to attack or natural disaster, but “public interest”, whatever that may be. The resolution died without action in the Senate.

House Concurrent Resolutions (H. Con. Res.) and Senate Concurrent Resolutions (S. Con. Res.) require the approval of both chambers but do not require the signature of the President and do not have the force of law. Concurrent resolutions generally are used to make or amend rules that apply to both chambers.

<= Article I sec 4
Article I sec 6 =>

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Section 4

(Clause 1)

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 chusing Senators.

The state legislatures determine the details of holding an election, but Congress can overrule them – except for where to select a Senator. I assume that the last little detail was due to the state legislature selecting the Senators, which would make this an oversight in the 17th amendment, which changes the selection of Senators to a direct popular vote.

(Clause 2)

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.

I find this to be one of the more curious clauses.

Congress must meet at least once every year, starting on the first Monday in December. What makes this so curious is that section 2 of the 20th amendment changes the starting date. This clause states that Congress can change the date through legislation, which means that an amendment was not needed to make the change. Granted, the 20th amendment is about presidential term limits and the succession, but they did throw in a change to the starting date for a Session of Congress. Furthermore, they kept the “unless they shall by Law appoint a different Day” wording. This tells me that the people who wrote the 20th amendment understood that this part of the amendment could have been done with a simple law. Curious.

<= Article I sec 3
Article I sec 5 =>

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Section 3

(clause 1)

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.

Where the House represents each State according to its population, the Senate represents the States on an equal basis. This keeps the more populous states from drowning the voice of the less populous states.

Senators are also elected for a longer term than Representatives. This allows for the greater accumulation of experience among Senators. More expertise is asked and expected of them.

With equal representation between states, and being chosen by the state Legislature, Senators are apparently intended to be the professionals of Congress and represent their states at the governmental level rather than directly represent the citizens.

(clause 2)

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.

Senators are divided into three classes, which are elected for overlapping terms. This allows for greater stability in the Senate than might be realized in the House.

(clause 3)

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.

Someone cannot be a Senator unless they:

• have attained at least thirty years of age; and
• have been a citizen of the United States for at least nine years; and
• are, at the time of election, a resident in the state in which elected

As with the Representatives, the double-negative means that this is not an exhaustive list of qualifications. Other requirements can be added, but these must also be met. The minimum age for a Senator is higher, and the minimum time as a Citizen is longer. The higher standards for a Senator implies that the Senate is intended to be a more deliberative and far-sighted forum.

(clause 4)

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

This is the Vice President’s only constitutionally defined responsibility.

(clause 5)

The Senate shall chuse 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.

Like the House of Representatives, the Members of the Senate organize their own internal bureaucratic structure, other than President of the Senate. Notice that the constitution assumes that the Vice President will be absent from his roll as President of the Senate. The President pro tempore is not listed as a formal officer of the Senate, but is described as an ad hoc position.

(clause 6)

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.

The power of impeachment is divided between the House and the Senate, creating a check on that authority. The House can make the charges, but cannot prosecute them. The Senate can prosecute only the charges made by the House.

For trying impeachments, there is a requirement for an oath above and beyond the oath of office.

When the President is impeached, the third branch of government gets involved. I assume this is as a further check on partisan politics controlling the case.

(clause 7)

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.

Public officials and public servants enjoy a degree of immunity from prosecution, called “Governmental Tort Immunity” or “Sovereign Immunity“. Under this clause, Impeachment accomplishes two things:

• It strips the convicted party of sovereign immunity.
• It bans the convicted party from any kind of future public service.

After a successful impeachment, the party is subject to the usual process of prosecution under civil and criminal law.

<= Article I, sec 2
Article I, sec 4 =>

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