johnwk
08-04-2011, 12:46 PM
A couple of days ago Judge Napolitano was on FoxNews and he indicated the committee of 12 established under the debt limit Act was unconstitutional Although he is correct, I found myself very upset that the Judge failed to mention those parts of the Constitution which would be violated. They are Article 1, Section 5 and Article 4, Section 4.
Under Article 1, Section 5 it is required that a “Majority” of members of both houses must be present “to do Business“. This provision was specifically debated during the framing of our Constitution and it was intended by our founding fathers to forbid “a small number of members of the two Houses to “make law”. SEE for example: MADISON’S NOTES, AUGUST 10TH (http://avalon.law.yale.edu/18th_century/debates_810.asp)
Col. MASON
“This is a valuable & necessary part of the plan. In this extended Country, embracing so great a diversity of interests, it would be dangerous to the distant parts to allow a small number of members of the two Houses to make laws. The Central States could always take care to be on the Spot and by meeting earlier than the distant ones, or wearying their patience, and outstaying them, could carry such measures as they pleased. He admitted that inconveniences might spring from the secession of a small number: But he had also known good produced by an apprehension, of it. He had known a paper emission prevented by that cause in Virginia. He thought the Constitution as now moulded was founded on sound principles, and was disposed to put into it extensive powers. At the same time he wished to guard agst. abuses as much as possible. If the Legislature should be able to reduce the number at all, it might reduce it as low as it pleased & the U. States might be governed by a Juncto- A majority of the number which had been agreed on, was so few that he feared it would be made an objection agst. the plan.”
Under the 12 member committee the largest possible number of States that would be represented in the making of law would be a mere12 States. And, of the hundreds of Congressional Districts across America, 12 is the highest number that would be represented in the making of law. This 12 member committee which is designed to “make law” is exactly what the founders intended to prevent by requiring at a minimum a “Majority” of the members of both houses “shall constitute a Quorum to do Business”
Quorum is a legal term and is the number of the officers or members of any body as is competent by law or constitution to transact business. The Constitution by its very wording requires at a minimum 50 Senators and 218 Representatives to do business. Col. MASON‘S above quote tells us that the committee of 12 would be dangerous to “make law”, and keep in mind making law is significantly different from voting to approve a law which has already been “made“.
As to Article 4, Section 4, we are guaranteed a “Republican Form of Government” and the very essences of a Republican Form of Government is that the people’s representatives are to be directly involved in the law making process. So, are the unique interests of the various united States represented in the law making process in this committee? No! Are the people’s interests of each of the hundreds of State Congressional Districts represented in the law making process of under this committee? No!
Do we understand the important difference between the making of law and voting upon a law which is already made?
This act is a direct assault upon the very essence of our “Republican Form of Government” as our founders intended it to operate, and if allowed to take effect, it would be a devastating and fundamental transformation of our system of government in that is excludes both the people’s interests and the various State unique interests in the sausage making process and only allows them an up or down vote on a law made in secret and behind closed doors, just as occurred with Obamacare!
As I have said elsewhere, every member in the Senate who voted YEA to establish this “committee“, is complicit in a subversive act of tyranny designed to fundamentally transform and dissolved our guarantee to a Republican Form of Government!
But tell me, why are our “conservative” talk show hosts [Rush Limbaugh, Sean Hannity, Glenn Beck, Laura Ingraham, Schnitt, Mark Levin, Dennis Prager, Bill O'rielly, Mike Gallagher, Doc Thompson, Lee Rodgers, Neal Boortz, Mike Huckabee, Tammy Bruce, Monica Crowley, Herman Cain …. etc.] ignoring this attack upon our “Republican Form of Government”? Is there no outraged among them that Article 1, Section 5 will be subverted by the 12 member committee making law?
JWK
America we have a problem! We have a group of DOMESTIC ENEMIES (http://republicmainstreet.wordpress.com/2010/11/11/members-of-the-congressional-progressive-caucus-is-your-representative-a-member/) who have managed to seize political power and whose mission is in fact to bring “change” to America ___ the dismantling of our military defensive power; the allowance of our borders to be overrun by foreign invaders, the diluting of our election process by allowing ineligible persons to vote; the circumvention of our Republican Form of Government which is now replace with a 12 member committee vested with power to make law; the destruction of our manufacturing capabilities; the transferring of America’s technology to hostile foreign nations; the strangulation of our agricultural industry and ability to produce food under the guise of environmental necessity; the destruction of our nation’s health care delivery system, the interference with our ability to develop our natural resources, namely oil, to fuel our economy; the looting of both our federal treasury and a mandatory retirement pension fund; the brainwashing of our nation’s children in government operated schools; the trashing of our nation’s traditions and moral values; the creation of an iron fisted control unauthorized by our written Constitution over America’s businesses and industries; the devaluation of our nation’s currency, and, the future enslavement of our children and grand children via unbridled debt and inflation, not to mention an iron fisted government which intends to rule their very lives!
Under Article 1, Section 5 it is required that a “Majority” of members of both houses must be present “to do Business“. This provision was specifically debated during the framing of our Constitution and it was intended by our founding fathers to forbid “a small number of members of the two Houses to “make law”. SEE for example: MADISON’S NOTES, AUGUST 10TH (http://avalon.law.yale.edu/18th_century/debates_810.asp)
Col. MASON
“This is a valuable & necessary part of the plan. In this extended Country, embracing so great a diversity of interests, it would be dangerous to the distant parts to allow a small number of members of the two Houses to make laws. The Central States could always take care to be on the Spot and by meeting earlier than the distant ones, or wearying their patience, and outstaying them, could carry such measures as they pleased. He admitted that inconveniences might spring from the secession of a small number: But he had also known good produced by an apprehension, of it. He had known a paper emission prevented by that cause in Virginia. He thought the Constitution as now moulded was founded on sound principles, and was disposed to put into it extensive powers. At the same time he wished to guard agst. abuses as much as possible. If the Legislature should be able to reduce the number at all, it might reduce it as low as it pleased & the U. States might be governed by a Juncto- A majority of the number which had been agreed on, was so few that he feared it would be made an objection agst. the plan.”
Under the 12 member committee the largest possible number of States that would be represented in the making of law would be a mere12 States. And, of the hundreds of Congressional Districts across America, 12 is the highest number that would be represented in the making of law. This 12 member committee which is designed to “make law” is exactly what the founders intended to prevent by requiring at a minimum a “Majority” of the members of both houses “shall constitute a Quorum to do Business”
Quorum is a legal term and is the number of the officers or members of any body as is competent by law or constitution to transact business. The Constitution by its very wording requires at a minimum 50 Senators and 218 Representatives to do business. Col. MASON‘S above quote tells us that the committee of 12 would be dangerous to “make law”, and keep in mind making law is significantly different from voting to approve a law which has already been “made“.
As to Article 4, Section 4, we are guaranteed a “Republican Form of Government” and the very essences of a Republican Form of Government is that the people’s representatives are to be directly involved in the law making process. So, are the unique interests of the various united States represented in the law making process in this committee? No! Are the people’s interests of each of the hundreds of State Congressional Districts represented in the law making process of under this committee? No!
Do we understand the important difference between the making of law and voting upon a law which is already made?
This act is a direct assault upon the very essence of our “Republican Form of Government” as our founders intended it to operate, and if allowed to take effect, it would be a devastating and fundamental transformation of our system of government in that is excludes both the people’s interests and the various State unique interests in the sausage making process and only allows them an up or down vote on a law made in secret and behind closed doors, just as occurred with Obamacare!
As I have said elsewhere, every member in the Senate who voted YEA to establish this “committee“, is complicit in a subversive act of tyranny designed to fundamentally transform and dissolved our guarantee to a Republican Form of Government!
But tell me, why are our “conservative” talk show hosts [Rush Limbaugh, Sean Hannity, Glenn Beck, Laura Ingraham, Schnitt, Mark Levin, Dennis Prager, Bill O'rielly, Mike Gallagher, Doc Thompson, Lee Rodgers, Neal Boortz, Mike Huckabee, Tammy Bruce, Monica Crowley, Herman Cain …. etc.] ignoring this attack upon our “Republican Form of Government”? Is there no outraged among them that Article 1, Section 5 will be subverted by the 12 member committee making law?
JWK
America we have a problem! We have a group of DOMESTIC ENEMIES (http://republicmainstreet.wordpress.com/2010/11/11/members-of-the-congressional-progressive-caucus-is-your-representative-a-member/) who have managed to seize political power and whose mission is in fact to bring “change” to America ___ the dismantling of our military defensive power; the allowance of our borders to be overrun by foreign invaders, the diluting of our election process by allowing ineligible persons to vote; the circumvention of our Republican Form of Government which is now replace with a 12 member committee vested with power to make law; the destruction of our manufacturing capabilities; the transferring of America’s technology to hostile foreign nations; the strangulation of our agricultural industry and ability to produce food under the guise of environmental necessity; the destruction of our nation’s health care delivery system, the interference with our ability to develop our natural resources, namely oil, to fuel our economy; the looting of both our federal treasury and a mandatory retirement pension fund; the brainwashing of our nation’s children in government operated schools; the trashing of our nation’s traditions and moral values; the creation of an iron fisted control unauthorized by our written Constitution over America’s businesses and industries; the devaluation of our nation’s currency, and, the future enslavement of our children and grand children via unbridled debt and inflation, not to mention an iron fisted government which intends to rule their very lives!