Commentary on the Unites States Constitution Article 1 Section 4

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 3^rd of January by Section 2 of the 20^th 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. 

Commentary on the Unites States Constitution Article 1 Section 2

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.

Commentary on the Unites States Constitution –Article 1 Section 1

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.

Governor Perdue, of North Carolina Suggests Suspending 2012 Elections

While speaking recently at the Cary Rotary Club Democrat North Carolina Gov. Beverly Perdue, suggested suspending congressional elections for two years to allow Congress can focus on economic recovery rather than the next election.

This notion besides being a violation of the governor’s oath of office to up hold the Constitution would not legally work the way she implied.

First of all elections are run by the individual states and not the Federal Government and there is no way to enforce a federal suspension of elections. The only way they could try would be to send armed troops and shoot any one who tries to vote or operate the poles.

Let’s say they some how succeeded in stopping the elections then the Constitution still makes what her proposal illegal. According to the 20^th Amendment U.S. Constitution the terms of all current house members and 1/3 of the senate end January 3 2013 period. If this dies not change if the election does not occur their offices would simply be vacant. Furthermore Obama’s term as President ends at noon on January 20^th 2013 with or with out an election. Therefore without an election Obama would no longer be president as of noon on January 20^th 2013. The only legal way a new president could be selected would be for the remaining 2/3 of the senate to elect a new vice president who in the absence of a newly elected president the new vice president would be come President on noon on January 20^th 2013. That 2/3 of the senate would be mostly Republicans and so the new President would be a Republican.

The result is that there is no legal way for a federal suspension of congressional elections would produce the results described by Governor Perdue. It would take a conspiracy of unprecedented proportions to pull off such a stunt, with governments of 50 states going along with it. The result of which would be that there would no longer be a legally constituted federal government and any action take by it would be null and void.