Constitution Day—Answers to the author’s questions
Answers, as given by the writer of the original questions, to the Constitution quiz as well as my comments where I considered it appropriate:
From: http://www.personalliberty.com/conservative-politics/liberty/do-you-really-know-the-constitution/?eiid=&rmid=2010_09_17_PLA&rrid=387097743
“01) Has the Constitution always guided our country?
Answer: 01) No. Originally the nation functioned under the Continental Congress and the Articles of Confederation. Eleven years after the Declaration of Independence the Constitution was written, agreed to and sent to the states for ratification. When ratified by nine states (as the document itself prescribed), the Constitution was declared to be the new governmental system. That occurred on Sept. 13, 1788. The new government was ordered to be convened on March 4, 1789.
02) What are the three branches of government named in the Constitution?
Answer: 02) Legislative, Executive and Judicial.
03) Does the Constitution allow the Supreme Court to make law?
Answer: 03) No. The very first sentence in the Constitution states: ‘All legislative powers herein granted shall be vested in a Congress of the United States….’ Any Supreme Court decision is the law of the case that binds only the plaintiff and the defendant. The meaning of the word ‘all’ has not been changed.”
MY Answer: 03) Actually, the above is the first sentence of Article I, Section 1. The Constitution does have a preamble that begins “WE THE PEOPLE of the United States, in order to form a more perfect union ….’
“04) Does the Constitution empower the President to make law?
Answer: 04) No. Executive Orders issued by the President that bind the entire nation are illicit because, as noted above, ‘All legislative powers’ are possessed by Congress. An Executive Order that binds only the employees of the Federal government (such as granting a holiday) is proper because the President should be considered to be the holder of power much like that possessed by the CEO of a company. But the entire nation is not in the employ of the President.
The President does have a role in lawmaking with his possession of a veto. He can veto a measure approved by Congress (which can be overturned by a two-thirds vote in each house of Congress), or simply allow it to become law by doing nothing within 10 days, ‘Sundays excepted.’”
MY Answer: 04) Of course, the President may also sign the bill approving the new law.
“05) Does the Constitution give the Federal government any power in the field of education?
Answer: 05) No. The Constitution contains no mention of any power ‘herein granted’ in the field of education.
06) Where in the Constitution is there authorization to dispense foreign aid?
Answer: 06) No such authorization appears in the Constitution.
07) Did the Constitution give the Federal government power to create a bank?
Answer: 07) No. Congress was granted power to ‘coin money,’ meaning it was to have the right to create a mint where precious metal could be stamped into coinage of fixed size, weight and purity. There is no Constitutional authority for the Federal government to have created the Federal Reserve.”
MY Answer: 07) I believe the author is ignoring history and trying, perhaps, to redefine the concept of “coin money” as meant by the writers of the Constitution. The following is from http://www.ronscurrency.com/
“The History of U.S. Paper Money
In the early days of the nation, before and just after the revolution, Americans used English, Spanish, and French money.
1690 Colonial Notes
The Massachusetts Bay Colony issued the first paper money in the colonies which would later form the United States.
1775 Continental Currency
American colonists issued paper currency for the Continental Congress to finance the Revolutionary War. The notes were backed by the ‘anticipation’ of tax revenues. Without solid backing and easily counterfeited, the notes quickly became devalued, giving rise to the phrase ‘not worth a Continental.’
1781 Nation’s First Bank
Also to support the Revolutionary War, the continental Congress chartered the Bank of North America in Philadelphia as the nation’s first ‘real’ bank.
1785 The Dollar
The Continental Congress determined that the official monetary system would be based on the dollar, but the first coin representing the start of this system would not be struck for several years.
1791 First U.S. Bank
After adoption of the Constitution in 1789, Congress chartered the First Bank of the United States until 1811 and authorized it to issue paper bank notes to eliminate confusion and simplify trade. The bank served as the U.S. Treasury’s fiscal agent, thus performing the first central bank functions.
1792 Monetary System
The federal monetary system was established with the creation of the U.S. Mint in Philadelphia. The first American coins were struck in 1793.
1816 Second U.S. Bank
The second Bank of the United States was chartered for 20 years until 1836.”
From this history, it is obvious that the writers of the Constitution and we the people during this time period had a different interpretation of this phrase than does the author.
“08) Can the provisions of a treaty supersede the Constitution?
Answer: 08) Absolutely not. Thomas Jefferson responded to those who consider treaty-making power to be ‘boundless’ by stating, ‘If it is, then we have no Constitution.’”
MY Answer: 08) The author is WRONG! Thomas Jefferson is not the authority on this issue. He was not a signer of the Constitution—only two citizens from Virginia signed the Constitution. These were John Blair and James Madison Jr. The same Jefferson was used by Supreme Court Justices to rationalize the separation of church and State which is NOT in the first Amendment.
This is what the Constitution says on this issue in Article VI, ¶ 2: “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.”
This is known as the Supremacy Clause. Note that three items are considered the supreme law of the land—the U.S. Constitution and U.S. law and U.S. treaties. That is the writing of this paragraph. Note also, that nowhere is the Supreme Court or any other federal court given the authority and/or power to interpret the U.S. Constitution, U.S. law, and/or U.S. treaties. The federal courts are simply not given that power ANYWHERE!
So, why didn’t the writers identify the U.S. Constitution alone as the Supreme Law of the land? I can’t say for certain. My guess is that the writers believed the “checks and balance” system built into the Constitution would prevent contradictions. The President would veto laws passed by Congress that were unconstitutional. If the veto was overridden, the people or the States would remove the culprits who dared to violate the Constitution. Treaties had to be agreed to by the President and by 2/3rds of the Senate which should prevent treaties in violation of the Constitution. If not, again, the violators could be removed from office. What is NOT provided is: the federal courts as interpreter of the Constitution, laws passed by Congress, and/or U.S. treaties. The courts DO NOT HAVE THAT AUTHORITY!
“09) Does the Constitution allow a President to take the nation into war?
Answer: 09) It does not. The sole power to declare the nation at war is possessed by Congress. Congress last used this power at the beginning of World War II, when war was declared on Japan after the attack on Pearl Harbor. (Germany declared war on the U.S. the next day.) A congressional vote to authorize the President to enforce United Nations Security Council resolutions should never be considered a substitute for a formal declaration of war.”
MY Answer: 09) The question does not ask who has the power to declare war. The statement is true but incomplete.
In the Constitution, Article II, Section 2: “The President shall be Commander in Chief of the Army and Navy of the United States, and the Militia of the several States, when called into the actual Service of the United States ….”
The following is from “A Patriot’s History of the United States” by Larry Schweikart and Michael Allen, Sentinel, © 2004, page 168.
“America’s First Preemptive War
Throughout the 1790’s, Republicans had leveled a number of highly critical attacks at Federalist foreign policy makers. Now, at last, the party of Jefferson was free to mold its own foreign policy. Jefferson dealt with some of North Africa’s Barbary pirates, sea-going Muslim outlaws from Morocco, Tunis, Algiers, and Tripoli who regularly plundered 1790s American Mediterranean shipping. Washington and Adams had paid some small bribes at first—the trade was not sufficient to warrant military expedition—and it could be rationalized as the way of doing business in that part of the world. But when the pasha of Tripoli chopped down the flagpole at the U.S. consulate there, it was a direct affront and an act of war. (An act of war because the U.S. consulate is U.S. territory—my addition.) In 1801, Jefferson slow downed his mothballing of the naval fleet and sent ships to blockade the port. Operating only under a set of joint resolutions, not a declaration of war, Jefferson nevertheless informed all the Barbary States that the United States was at war with them.”
Note: The same Jefferson who is quoted by the author used the military for the good of the nation WITHOUT a declaration of war. That, again, was in 1801 long before the Korean Conflict, the Vietnam Conflict, and today’s conflicts.
“10) Can you name any of the four crimes mentioned in the Constitution?
Answer: 10) The four crimes mentioned are: Treason, bribery, piracy and counterfeiting.
11) Should the Bill of Rights be considered part of the original Constitution?
Answer: 11) Many do hold that view because if the promise to add a Bill of Rights had not been made during the ratification process, some states would not have ratified the Constitution.”
MY Answer: 11) The author didn’t answer the question. The answer is: NO, the Bill of Rights is not part of the original Constitution. That is why they are also referred to as the first ten Amendments which they are. Actually, twelve Amendments, if I remember correctly, were considered and only ten were enacted.
“12) According to the Constitution, how can a President and other national officers be removed from office?
Answer: 12) The President and other high officers of the Federal government can be impeached by a majority in the House and tried by the Senate. Impeachment does not constitute removal; it should be considered the equivalent of an indictment that must be followed by a trial. Two-thirds of the Senators ‘present’ must approve removal at the subsequent trial to effect removal.
13) How many amendments have been added to the Constitution?
Answer: 13) There are 27. The first 10 (the Bill of Rights) can be considered part of the original Constitution. Amendment 18 was repealed by Amendment 21. This means that, in 223 years, only 15 other amendments have been added.”
MY Answer: 13) The answer is, of course, 27. The remainder of his comment is unnecessary and somewhat misleading.
“14) How is an amendment added to the Constitution?
Answer: 14) The process was deliberately made difficult to keep anything dangerous or silly from being added to the Constitution in the heat of passion. Congress can propose an amendment when two-thirds of both Houses of Congress vote to do so. Any proposed amendment must then by ratified by the legislature or a convention in three-quarters of the States. Amendments can also be proposed by a Federal Constitutional convention called by two-thirds of the States. Any amendment arising from a Constitutional convention must also be ratified by the legislature or a convention in three-quarters of the states.
15) Does the Constitution say anything about illegal immigration?
Answer: 15) Not directly. But Article IV, Section 4 assigns to the Federal government the duty ‘to protect each of them [the States] from invasion.’ It does not specify that the invasion must be military. When 12 million people enter our nation illegally, it is an invasion that should be repelled by the Federal government.”
MY Answer: 15) Illegal immigration is not in the Constitution. I would suggest that the use of the “Invasion Clause” may be a stretch. However, there are two portions of the Constitution that seem to provide that both the States and the federal government may have jurisdiction over illegal immigration.
The first from Article I, Section 8, ¶ 4 states the Congress has the power “To establish an uniform Rule of Naturalization ….”
The second from Article I, Section 9, ¶ 1 says “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 ….”
Therefore, it seems that the States may establish rules for migration and importation of persons (the above provision of course is concerned with Blacks/slaves) within their States and the federal government may set rules to cover the entire nation which supercede those State rules. However, NOTHING prevents a State from regulating the people by law once any person, including illegal immigrants, is living within that State.
“16) Is the term of a President limited by the Constitution?
Answer: 16) Yes. In 1951, Amendment 22 was added to the Constitution to limit any President to two terms. The only President who served longer than two terms was Franklin Delano Roosevelt, who held office during a fourth four-year term. He died in April 1945 shortly after beginning his 13th year in office.
17) Which part of the Federal government holds ‘the power of the purse’?
Answer: 17) The House of Representatives. Article I, Section 7 states: ‘All bills for raising revenue shall originate in the House of Representatives….’ If a majority in the House (218 of its 435 members) refuses to originate a bill to raise revenue for something, then no funds can be spent on that activity.”
MY Answer: 17) Part of the author’s explanation is incorrect. It is a majority of the members of the House voting NOT an absolute majority (218 of its 435 members) that is necessary.
“18) Does the Constitution provide a method for expelling a member of Congress?
Answer: 18) Two-thirds of each House has the authority to expel any of its members for cause even though the member has been elected by voters.
19) How many times is the word ‘democracy’ mentioned in the Constitution?
Answer: 19) The word ‘democracy’ does not appear in the Constitution. Our nation is a Constitutional Republic, not a Democracy. The Founders feared Democracy (unrestricted rule by majority) and favored a Republic (rule of law where the law limits the government). James Madison wrote: ‘…. Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.’”
MY Answer: 19) The author is incorrect in his assertion that the U.S. is not a democracy. There are two forms of a democracy. 1) a pure or direct democracy in which the eligible citizens gather together as a group to govern, such as the New England townhall meetings and 2) a republic or indirect democracy in which the eligible citizens select/elect representatives to represent them in governance. The U.S. is a republic. The U.S is also a democracy since a republic is a form of a democracy.
However, the author is correct that many of the Founding Fathers did have some fear of a democracy including a republic. That is why so many checks and balances are built into the Constitution, that is why there is a Constitution, and that is why, in part, that the Senate exists and is made up of only two representatives per State regardless of the population of the State and why originally the members of the Senate were selected by the State rather than the people of the State.
“20) Does the Bill of Rights grant the people free speech, freedom of the press, the right to possess a weapon, etc?
Answer: 20) No. The Declaration of Independence, which provides the philosophical base of our nation, states very clearly that our rights are granted to us by our Creator. The various rights noted in the Bill of Rights were not granted by government. The purpose of the Bill of Rights is to prevent the Federal government from suspending any of those God-given rights, including the right to possess a weapon. Those who claim ‘Second Amendment rights,’ for instance, make a big mistake with such a statement. If the right is granted by the Second Amendment, meaning by government, it can be taken away by government. If the right is granted by God, only He can take it away.”
MY Answer: 20) Yes, the author is both wrong and inconsistent in his logic. The Declaration of Independence does correctly say our rights come from God. However, the only rights specifically listed are life, liberty, and the pursuit of happiness.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
The only way to identify any other unalienable Rights other that life, liberty, and the pursuit of happiness is to identify said rights, which is exactly what most of the first ten Amendments accomplishes. And yes, the right to keep and bear arms may be removed as can any other right listed in the Constitution by means of Constitutional Amendment. If this is not true, then there would have been no need to include the first ten Amendments which is exactly what he said in an earlier comment about the first ten Amendments.
“While every politician pays lip service to the Constitution (the President, Vice President, and every member of Congress take an oath to ‘preserve and protect’ it), the sad truth is that vast majority of actions taken by the Federal government are not authorized by the Constitution.
I have heard it said that, if the Constitution were fully and honestly enforced today, the Federal government would be 20 percent of its present size and would cost 20 percent of its present budget. I think those numbers are an exaggeration; I suspect the truth would be closer to 10 percent.
Just imagine: No foreign aid, no Departments of Education, Housing, Health, Agriculture or Homeland Security. No commissions, bureaucratic monstrosities or other meddlesome agencies that ‘harass our people and eat out their substance.’ (That’s an actual indictment of King George from the Declaration of Independence.)
What would this country be like if the Constitution were fully and honestly enforced? I hope some day we’ll find out.
Until next time, keep some powder dry.
—Chip Wood”
Answers, as given by the writer of the original questions, to the Constitution quiz as well as my comments where I considered it appropriate:
From: http://www.personalliberty.com/conservative-politics/liberty/do-you-really-know-the-constitution/?eiid=&rmid=2010_09_17_PLA&rrid=387097743
“01) Has the Constitution always guided our country?
Answer: 01) No. Originally the nation functioned under the Continental Congress and the Articles of Confederation. Eleven years after the Declaration of Independence the Constitution was written, agreed to and sent to the states for ratification. When ratified by nine states (as the document itself prescribed), the Constitution was declared to be the new governmental system. That occurred on Sept. 13, 1788. The new government was ordered to be convened on March 4, 1789.
02) What are the three branches of government named in the Constitution?
Answer: 02) Legislative, Executive and Judicial.
03) Does the Constitution allow the Supreme Court to make law?
Answer: 03) No. The very first sentence in the Constitution states: ‘All legislative powers herein granted shall be vested in a Congress of the United States….’ Any Supreme Court decision is the law of the case that binds only the plaintiff and the defendant. The meaning of the word ‘all’ has not been changed.”
MY Answer: 03) Actually, the above is the first sentence of Article I, Section 1. The Constitution does have a preamble that begins “WE THE PEOPLE of the United States, in order to form a more perfect union ….’
“04) Does the Constitution empower the President to make law?
Answer: 04) No. Executive Orders issued by the President that bind the entire nation are illicit because, as noted above, ‘All legislative powers’ are possessed by Congress. An Executive Order that binds only the employees of the Federal government (such as granting a holiday) is proper because the President should be considered to be the holder of power much like that possessed by the CEO of a company. But the entire nation is not in the employ of the President.
The President does have a role in lawmaking with his possession of a veto. He can veto a measure approved by Congress (which can be overturned by a two-thirds vote in each house of Congress), or simply allow it to become law by doing nothing within 10 days, ‘Sundays excepted.’”
MY Answer: 04) Of course, the President may also sign the bill approving the new law.
“05) Does the Constitution give the Federal government any power in the field of education?
Answer: 05) No. The Constitution contains no mention of any power ‘herein granted’ in the field of education.
06) Where in the Constitution is there authorization to dispense foreign aid?
Answer: 06) No such authorization appears in the Constitution.
07) Did the Constitution give the Federal government power to create a bank?
Answer: 07) No. Congress was granted power to ‘coin money,’ meaning it was to have the right to create a mint where precious metal could be stamped into coinage of fixed size, weight and purity. There is no Constitutional authority for the Federal government to have created the Federal Reserve.”
MY Answer: 07) I believe the author is ignoring history and trying, perhaps, to redefine the concept of “coin money” as meant by the writers of the Constitution. The following is from http://www.ronscurrency.com/
“The History of U.S. Paper Money
In the early days of the nation, before and just after the revolution, Americans used English, Spanish, and French money.
1690 Colonial Notes
The Massachusetts Bay Colony issued the first paper money in the colonies which would later form the United States.
1775 Continental Currency
American colonists issued paper currency for the Continental Congress to finance the Revolutionary War. The notes were backed by the ‘anticipation’ of tax revenues. Without solid backing and easily counterfeited, the notes quickly became devalued, giving rise to the phrase ‘not worth a Continental.’
1781 Nation’s First Bank
Also to support the Revolutionary War, the continental Congress chartered the Bank of North America in Philadelphia as the nation’s first ‘real’ bank.
1785 The Dollar
The Continental Congress determined that the official monetary system would be based on the dollar, but the first coin representing the start of this system would not be struck for several years.
1791 First U.S. Bank
After adoption of the Constitution in 1789, Congress chartered the First Bank of the United States until 1811 and authorized it to issue paper bank notes to eliminate confusion and simplify trade. The bank served as the U.S. Treasury’s fiscal agent, thus performing the first central bank functions.
1792 Monetary System
The federal monetary system was established with the creation of the U.S. Mint in Philadelphia. The first American coins were struck in 1793.
1816 Second U.S. Bank
The second Bank of the United States was chartered for 20 years until 1836.”
From this history, it is obvious that the writers of the Constitution and we the people during this time period had a different interpretation of this phrase than does the author.
“08) Can the provisions of a treaty supersede the Constitution?
Answer: 08) Absolutely not. Thomas Jefferson responded to those who consider treaty-making power to be ‘boundless’ by stating, ‘If it is, then we have no Constitution.’”
MY Answer: 08) The author is WRONG! Thomas Jefferson is not the authority on this issue. He was not a signer of the Constitution—only two citizens from Virginia signed the Constitution. These were John Blair and James Madison Jr. The same Jefferson was used by Supreme Court Justices to rationalize the separation of church and State which is NOT in the first Amendment.
This is what the Constitution says on this issue in Article VI, ¶ 2: “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.”
This is known as the Supremacy Clause. Note that three items are considered the supreme law of the land—the U.S. Constitution and U.S. law and U.S. treaties. That is the writing of this paragraph. Note also, that nowhere is the Supreme Court or any other federal court given the authority and/or power to interpret the U.S. Constitution, U.S. law, and/or U.S. treaties. The federal courts are simply not given that power ANYWHERE!
So, why didn’t the writers identify the U.S. Constitution alone as the Supreme Law of the land? I can’t say for certain. My guess is that the writers believed the “checks and balance” system built into the Constitution would prevent contradictions. The President would veto laws passed by Congress that were unconstitutional. If the veto was overridden, the people or the States would remove the culprits who dared to violate the Constitution. Treaties had to be agreed to by the President and by 2/3rds of the Senate which should prevent treaties in violation of the Constitution. If not, again, the violators could be removed from office. What is NOT provided is: the federal courts as interpreter of the Constitution, laws passed by Congress, and/or U.S. treaties. The courts DO NOT HAVE THAT AUTHORITY!
“09) Does the Constitution allow a President to take the nation into war?
Answer: 09) It does not. The sole power to declare the nation at war is possessed by Congress. Congress last used this power at the beginning of World War II, when war was declared on Japan after the attack on Pearl Harbor. (Germany declared war on the U.S. the next day.) A congressional vote to authorize the President to enforce United Nations Security Council resolutions should never be considered a substitute for a formal declaration of war.”
MY Answer: 09) The question does not ask who has the power to declare war. The statement is true but incomplete.
In the Constitution, Article II, Section 2: “The President shall be Commander in Chief of the Army and Navy of the United States, and the Militia of the several States, when called into the actual Service of the United States ….”
The following is from “A Patriot’s History of the United States” by Larry Schweikart and Michael Allen, Sentinel, © 2004, page 168.
“America’s First Preemptive War
Throughout the 1790’s, Republicans had leveled a number of highly critical attacks at Federalist foreign policy makers. Now, at last, the party of Jefferson was free to mold its own foreign policy. Jefferson dealt with some of North Africa’s Barbary pirates, sea-going Muslim outlaws from Morocco, Tunis, Algiers, and Tripoli who regularly plundered 1790s American Mediterranean shipping. Washington and Adams had paid some small bribes at first—the trade was not sufficient to warrant military expedition—and it could be rationalized as the way of doing business in that part of the world. But when the pasha of Tripoli chopped down the flagpole at the U.S. consulate there, it was a direct affront and an act of war. (An act of war because the U.S. consulate is U.S. territory—my addition.) In 1801, Jefferson slow downed his mothballing of the naval fleet and sent ships to blockade the port. Operating only under a set of joint resolutions, not a declaration of war, Jefferson nevertheless informed all the Barbary States that the United States was at war with them.”
Note: The same Jefferson who is quoted by the author used the military for the good of the nation WITHOUT a declaration of war. That, again, was in 1801 long before the Korean Conflict, the Vietnam Conflict, and today’s conflicts.
“10) Can you name any of the four crimes mentioned in the Constitution?
Answer: 10) The four crimes mentioned are: Treason, bribery, piracy and counterfeiting.
11) Should the Bill of Rights be considered part of the original Constitution?
Answer: 11) Many do hold that view because if the promise to add a Bill of Rights had not been made during the ratification process, some states would not have ratified the Constitution.”
MY Answer: 11) The author didn’t answer the question. The answer is: NO, the Bill of Rights is not part of the original Constitution. That is why they are also referred to as the first ten Amendments which they are. Actually, twelve Amendments, if I remember correctly, were considered and only ten were enacted.
“12) According to the Constitution, how can a President and other national officers be removed from office?
Answer: 12) The President and other high officers of the Federal government can be impeached by a majority in the House and tried by the Senate. Impeachment does not constitute removal; it should be considered the equivalent of an indictment that must be followed by a trial. Two-thirds of the Senators ‘present’ must approve removal at the subsequent trial to effect removal.
13) How many amendments have been added to the Constitution?
Answer: 13) There are 27. The first 10 (the Bill of Rights) can be considered part of the original Constitution. Amendment 18 was repealed by Amendment 21. This means that, in 223 years, only 15 other amendments have been added.”
MY Answer: 13) The answer is, of course, 27. The remainder of his comment is unnecessary and somewhat misleading.
“14) How is an amendment added to the Constitution?
Answer: 14) The process was deliberately made difficult to keep anything dangerous or silly from being added to the Constitution in the heat of passion. Congress can propose an amendment when two-thirds of both Houses of Congress vote to do so. Any proposed amendment must then by ratified by the legislature or a convention in three-quarters of the States. Amendments can also be proposed by a Federal Constitutional convention called by two-thirds of the States. Any amendment arising from a Constitutional convention must also be ratified by the legislature or a convention in three-quarters of the states.
15) Does the Constitution say anything about illegal immigration?
Answer: 15) Not directly. But Article IV, Section 4 assigns to the Federal government the duty ‘to protect each of them [the States] from invasion.’ It does not specify that the invasion must be military. When 12 million people enter our nation illegally, it is an invasion that should be repelled by the Federal government.”
MY Answer: 15) Illegal immigration is not in the Constitution. I would suggest that the use of the “Invasion Clause” may be a stretch. However, there are two portions of the Constitution that seem to provide that both the States and the federal government may have jurisdiction over illegal immigration.
The first from Article I, Section 8, ¶ 4 states the Congress has the power “To establish an uniform Rule of Naturalization ….”
The second from Article I, Section 9, ¶ 1 says “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 ….”
Therefore, it seems that the States may establish rules for migration and importation of persons (the above provision of course is concerned with Blacks/slaves) within their States and the federal government may set rules to cover the entire nation which supercede those State rules. However, NOTHING prevents a State from regulating the people by law once any person, including illegal immigrants, is living within that State.
“16) Is the term of a President limited by the Constitution?
Answer: 16) Yes. In 1951, Amendment 22 was added to the Constitution to limit any President to two terms. The only President who served longer than two terms was Franklin Delano Roosevelt, who held office during a fourth four-year term. He died in April 1945 shortly after beginning his 13th year in office.
17) Which part of the Federal government holds ‘the power of the purse’?
Answer: 17) The House of Representatives. Article I, Section 7 states: ‘All bills for raising revenue shall originate in the House of Representatives….’ If a majority in the House (218 of its 435 members) refuses to originate a bill to raise revenue for something, then no funds can be spent on that activity.”
MY Answer: 17) Part of the author’s explanation is incorrect. It is a majority of the members of the House voting NOT an absolute majority (218 of its 435 members) that is necessary.
“18) Does the Constitution provide a method for expelling a member of Congress?
Answer: 18) Two-thirds of each House has the authority to expel any of its members for cause even though the member has been elected by voters.
19) How many times is the word ‘democracy’ mentioned in the Constitution?
Answer: 19) The word ‘democracy’ does not appear in the Constitution. Our nation is a Constitutional Republic, not a Democracy. The Founders feared Democracy (unrestricted rule by majority) and favored a Republic (rule of law where the law limits the government). James Madison wrote: ‘…. Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.’”
MY Answer: 19) The author is incorrect in his assertion that the U.S. is not a democracy. There are two forms of a democracy. 1) a pure or direct democracy in which the eligible citizens gather together as a group to govern, such as the New England townhall meetings and 2) a republic or indirect democracy in which the eligible citizens select/elect representatives to represent them in governance. The U.S. is a republic. The U.S is also a democracy since a republic is a form of a democracy.
However, the author is correct that many of the Founding Fathers did have some fear of a democracy including a republic. That is why so many checks and balances are built into the Constitution, that is why there is a Constitution, and that is why, in part, that the Senate exists and is made up of only two representatives per State regardless of the population of the State and why originally the members of the Senate were selected by the State rather than the people of the State.
“20) Does the Bill of Rights grant the people free speech, freedom of the press, the right to possess a weapon, etc?
Answer: 20) No. The Declaration of Independence, which provides the philosophical base of our nation, states very clearly that our rights are granted to us by our Creator. The various rights noted in the Bill of Rights were not granted by government. The purpose of the Bill of Rights is to prevent the Federal government from suspending any of those God-given rights, including the right to possess a weapon. Those who claim ‘Second Amendment rights,’ for instance, make a big mistake with such a statement. If the right is granted by the Second Amendment, meaning by government, it can be taken away by government. If the right is granted by God, only He can take it away.”
MY Answer: 20) Yes, the author is both wrong and inconsistent in his logic. The Declaration of Independence does correctly say our rights come from God. However, the only rights specifically listed are life, liberty, and the pursuit of happiness.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
The only way to identify any other unalienable Rights other that life, liberty, and the pursuit of happiness is to identify said rights, which is exactly what most of the first ten Amendments accomplishes. And yes, the right to keep and bear arms may be removed as can any other right listed in the Constitution by means of Constitutional Amendment. If this is not true, then there would have been no need to include the first ten Amendments which is exactly what he said in an earlier comment about the first ten Amendments.
“While every politician pays lip service to the Constitution (the President, Vice President, and every member of Congress take an oath to ‘preserve and protect’ it), the sad truth is that vast majority of actions taken by the Federal government are not authorized by the Constitution.
I have heard it said that, if the Constitution were fully and honestly enforced today, the Federal government would be 20 percent of its present size and would cost 20 percent of its present budget. I think those numbers are an exaggeration; I suspect the truth would be closer to 10 percent.
Just imagine: No foreign aid, no Departments of Education, Housing, Health, Agriculture or Homeland Security. No commissions, bureaucratic monstrosities or other meddlesome agencies that ‘harass our people and eat out their substance.’ (That’s an actual indictment of King George from the Declaration of Independence.)
What would this country be like if the Constitution were fully and honestly enforced? I hope some day we’ll find out.
Until next time, keep some powder dry.
—Chip Wood”
posted by Christian Gunslinger at 5:18 PM
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