Saturday, November 12, 2011

Commentary on the Unites States Constitution Article 1 Section 5


This section deals with the membership, rules, journals, and adjournment. It gives each House the authority to judge their elections, returns and member qualifications.

It establishes a majority of members of each house has to do present to conduct and business other than adjourning for the day. A minority can also be allowed to compel absent members to attend meetings by appropriate penalties.

The House and Senate are allowed to set there own rules and punish members as needed up to expelling a member by a 2/3 vote. They are also required to keep a record of their, meetings that has to be publish with the exception of parts that more than 4/5 those members present are deemed should remain secret. This was allowed because national security some times requires secrecy.

Both the House and Senate need each others consent to adjourn for more than three days, or to a place other than there normal meeting place.

This system has been proven to generally work well but it has from time to time been abused, For example Obama Care was passed through the House of representatives by way by passing all normal procedures to pass the senate version it would have failed to pass the senate again following a special election to fill a vacancy,   

Friday, November 11, 2011

Commentary on the Unites States Constitution Article 1 Section 4


This places the details electing Senators and Representatives in the hands of the states such as timing and place of elections. However it gives congress the authority to set uniform rules for their elections.

It also sets the first day of congresses session as the first Monday in December but this was change to the 3rd of January by Section 2 of the 20th Amendment.

While this section is short it is important for setting the rules and timing of elections. While it is a relatively minor section it is important to the proper functioning of elections in the United State. 

Thursday, November 10, 2011

Commentary on the Unites States Constitution Article 1 Section 3


This part of the constitution establishes the U.S Senate. In this part of the legislature the states all have equal representation. As representatives of states Stators originally elected by the state legislatures but it was changed to being elected by the people of the state by the 17th Amendment. This actually seems to have been a mistake since it has left the states with out actual representation and has done great damage to federalism.

The Vice President serves as President of the Senate, but only votes in the case of a tie vote in the senate. This was done mainly to give the Vice President something to do other than sitting around waiting for the president to die.

The senate also has the duty of trying impeachments made by the house. This process was seen in action for the first time when President Clinton was tried after being impeached on perjury charges by the house. We also saw partisanship at its worst as every democratic Senator went in to the trial already determined not to vote to convict. The fact that some demarcates were needed to get the 2/3 majority required by this section to convict prevented

Wednesday, November 9, 2011

Commentary on the Unites States Constitution Article 1 Section 2


This section establishes the U.S. House of Representatives. It establishes representation in the House of Representatives based on the population of each state. The purpose of this is so that each American is equally represented in this body.

It establishes that a census should be taken every ten years to count the population. This brings up the increasingly intrusive questions that come with the census, Note that all that the only question they are empowered to ask is the number of people living in a home. Not one other question is authorized while unwarranted searches are forbidden. In the past two censuses (2000 and 2010) the only answer they got from my family is the number people living in the house and that is all they have any right to know.

There is also a myth about this section that claims that blacks were only counted as three fifths a person. This myth is almost as old as the Constitution but it is totally false. Yes it only counted as three fifths of slaves but there was no racial component to it since all free blacks would be counted.  The reality is that this was actually an anti slavery measure.

Anti-slavery delegates to the constitutional convention did not want any slave counted because the salve population would have given most of the representatives in the house to slave holding states making it impossible to ever abolish slavery. The slave holding slave holding states wanted all of the slaves counted precisely so as to have increased representation in congress. The three fifths compromise was the solution to this problem and it benefited the anti-slavery side.

Tuesday, November 8, 2011

Commentary on the Unites States Constitution –Article 1 Section 1


This section give the exclusive power to make laws to a bicameral Congress of the United States, The congress consists of the Senate and the House of Representatives.

Note the law making power of the United States is bested in congress not the president and not the courts. Sadly congress has from time to time passed laws that given discretionary regulatory power to the president on various issues and they have refused to rain in judges that legislate from the bench.

Congress could reign in both judicial and presidential power grabs by way of impeachment but never have.  As the law making branch the other two can do nothing with out their consent.

Monday, November 7, 2011

Commentary on the Unites States Constitution - Preamble

The preamble to the Unites States Constitution is the Constitution’s introduction and  while purely introductory it shows a lot about the intent of the founding fathers.

They wanted to establish Justice for all which you don’t get form the arbitrary informant with see in the modern federal bureaucracy. 

They wanted to insure domestic Tranquility which is not accomplished by efforts to drive a wedge through society based income for political gain rather than encourage economic conditions that allow people to increase their income.

They wanted to provide for the common defense which the Government is failing to do by letting milling of illegal immigrants enter the country unchecked while not dealing properly with treats from abroad.  For example the failure to realize the Islam is the source of the theorist problem and not just a few crazies.

They wanted to promote the general Welfare but Obama is failing to do by running the national debt at an unprecedented rate while burdening job creators with harmful regulation,

They wanted to secure the Blessings of Liberty for all Americans which Obama and three democrats hostilely attacked by passing an unconstitutional individual mandate of Obama Care which nothing short of declaring every American a slave of  the Federal government by declaring the authority to exercise total control the fruits of labor, because if they can mandate that you buy one product by extension they can mandate how you spend every dime you make and  there by effectively taking all of the fruits of our labor which is by definition slavery.

Saturday, November 5, 2011

Commentary on the Unites States Constitution

The Unites States Constitution was ratified by the 13 original states in 1788 and it establish the federal Government. It is the supreme law of the land such that every law, regulation and treaty made by the Federal Government must be consistent with it. If it does not the act is null and void as though it never existed. If a state law, regulation or other action violates those sections of the U.S. Constitution that apply to the stares it is likewise null and void.

If the U.S. Constitution strictly adhered to the Federal Government would be a lot smaller than it is today but sadly this has not been the case. The notion that the U.S. Constitution is a living document has been used to justify ignoring part of it while insisting that things are there that are not. A classic example of this is abortion. The Supreme Court decision that forced abortion down the throats of all 50 states was based on nothing in the U.S. Constitution actually violates the fifth Amendment which for bids the Government from depriving a person of life without due process of law. Supreme Court decision should be based on the original intent of that section of the Constitution and not manipulated to mean what ever the judge wants it to mean.

Friday, November 4, 2011

Why Mitt Romney is the Worst Possible GOP Nominee

The reason why Mitt Romney would be the worst possible GOP nominee in 2012 is that he is the most likely to looses to Barack Obama. There are several reasons why this is the case.

The first reason is that because he is not a real conservative the conservative bases we not be excited with the only reason to vote for him being to get rid of Obama. That may not be enough motivation to get enough out to the polls or actively campaign on his behalf. A depressed GOP voter base was one of the contributing factors to Obama victory in 2008. Furthermore a significant part of the GOP voter base has indicated that they simply can not vote for Romney because he is not a real conservative.   

There are some people who will not vote for Romney just because he is a Mormon. Mormons believe a lot of things that spook some people and this would reduce the percentage of the GOP voter base and even some independents that would actually vote for him.

Finally as Governor of Massachusetts Mitt Romney he signed into law a bill that was used as a template for Obama Care. On these bases there is an even larger portion of the GOP voter base will not vote for him.

Mitt Romney is the only GOP Presidential candidate that people are saying they can’t vote for him.

Thursday, November 3, 2011

Presidential Candidate Herman Cain’s 999 Economic Plan

The essence of the 999 plan is to scrap the current tax code and replace it with a simpler system that removes most of the excess expenses of complying with the current code. It replaces all current taxes with simpler flat tax system of a 9% Business income tax, individual income tax and sales tax.

The 9% Business tax deducts purchases capital investments and exports. The 9% individual income tax has a deduction for charitable donations. Further more both of these have additional deductions for opportunity zones, which also has the effect of reducing individual income tax for those in poverty to zero.

This would relieve most of the burden of complying with the current tax code and as such it would be a huge boost to the economy. The resulting increase in economic activity would create millions of jobs and actually increase Federal revenue over the current system. It is a bold plan that would reveres the economic downturn of the last three years. The result would that the economy would bounce back like never before with more people working and keeping more of what they earn the economy would take off and thrive once again.

Wednesday, November 2, 2011

Proof that Mitt Romney is not a Conservative.

The darling of the GOP establishment Mitt Romney, despite claims that he’s a conservative is clearly not conservative.  This should be obvious to any one that is paying attention to the presidential campaign.

The fact that Mitt Romney got elected Governor of Massachusetts is not a real conservative is. These are the same people that kept electing Ted Kennedy as Senator until his death. The fact is that a real conservative can’t get elected to dogcatcher in Massachusetts let alone Governor.

The Massachusetts health care law that has come to be called Romney Care is solid proof that Romney is not a conservative. This plane was with its individual mandate was used as a model for Obama Care. This type mandate shows a statist mindset that sees the state as master of citizen surfs. It based on the elitist idea that the government knows better how to run your life than you do. As a result Mitt Romney can not be a conservative.

Tuesday, November 1, 2011

The Hunt for Barack Obama’s Birth Certificate.

During the 2008 presidential Election rumors surfaced that Barack Obama had actually been born in Kenya making him constitutionally unqualified to be president. This started a movement among some of Obama’s opponents to push the issue; they have come to be called birthers. The issue is important because if Obama really was born in Kenya he needs to be removed from office.

Obama’s response was to release a copy of a short form Certificate of Live Birth which while it has proven authentic actually proves nothing about Obama’s place of birth because obtaining one does not require showing the birth occurred in Hawaii. This started the call that Obama provide a long form birth certificate which would prove he was born in Hawaii but he did not. The issue should have been settled when congress counted the electoral votes in January of 2009 by congress demanding that Obama provide his long form birth certificate before they certified the election but they never did.

After this several law suits were filed to force the release of Obama’s his long form birth certificate but the white house fought every one of them getting them dismissed for lack of a standing. When a shoulder being deployed to Afghanistan questioned the lawfulness of Obama’s orders he court marshaled with out being allowed to raise the issue in his defense. Being unable to defend himself since his defense was disallowed he was naturally convicted and spending time in a military prison he was dishonorably discharged. As a result all courts have refused to hear any case on this issue and Obama fought all efforts to have it reviewed in court even to the point of ruining people to protect it.

Another way the truth could be found was to check Obama’s mother’s passport records to see if she had been in the U.S. or Kenya at the time of Obama’s birth. That would have settled the issue once and for all but when a Freedom of information act request was filed to get those records they were told that here records had been destroyed.

Eventually several states started perusing laws that would requires some one running for president to present a birth certificate to prove they were qualified to be president. Obama’s first response was to challenge the first such law but then eventually released the long awaited long form birth certificate.  While it has the intended affect of stifling the passage of laws requires some one running for president to present a birth certificate it did not end the issue.

The long form birth certificate has been examined and there are question about it that suggest that it is fake. One is that the certificate was clearly digitally inserted on the back ground as is evident by the white surrounding the letters. The second “1” in the certificate’s number is clearly inserted and not part of the original number. Questions have also been raised about the number it self by comparing it to numbers from other people born on the same island at about the same time. One other issue is that Obama’s father’s race is listed as African which would not have been used in 1961. In 1961 Obama’s father’s race would have been listed as Negro. This looks like a mistake that would be made by a politically correct forger. 

What makes this even worst is that it is such an obvious fake that it could only be more obvious if they had place Fake Birth Certificate at the top. This raises the issue of why? There are two possibilities both of which are disturbing. One is that Obama was born in Kenya and is perpetrating a humongous fraud and is arrogant enough to think he get away with such an obvious forgery. The second is the Obama was born in Hawaii and is deliberately keeping this issue alive by needlessly playing games in hopes of distracting opponents.

In my opinion the truth is the second option. The main reason is that it is the best explanation that explains the facts. This is particularly the fact that the released long form birth certificate is such an obvious fraud that it must have been intended to be discovered so as to perpetuate the myth as a distraction.

The sad thing is that the truth will never really be known because those with the authority to find the answers have refused to look investigate and find them.