ZeraLand, USA

On the Nature of "Nation"

Constitution of the United States – Article II


Article II

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:
    • 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.
  2. 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.
    • 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.
    • 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.
  3. 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.
  4. 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 Offences 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.
  1. 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.

February 10, 2012 Posted by | Article II, Const. First Reading, Const. Review | , , , | 1 Comment

United States Constitution – Article I sec 10


Section 10 lists restrictions on the States.

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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February 6, 2012 Posted by | Article I, Const. Review, Const. Second Reading | , , , , , , | Leave a comment

   

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