Joseph Scott

Article II - 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.

Treason, bribery and misdemeanors are reasonably well defined terms, but I’m curious about the ‘other high crimes’ text. Is this wiggle room that essentially allows Congress determine on their own what constitutes an impeachable offense?

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Article II - 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.

Funny the number of things that I figured came about over time as the country and the government evolved but in reality have been there since the beginning. I’ve seen my fair share of State of the Union addresses, but didn’t realize that this was Constitutional requirement. I knew the President could call special sessions of Congress, but not that he could adjourn them as well.

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Article II - 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.

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.

I wonder if the “and of the Militia of the several States” text is what gives the President the power to call on State run National Guard units to deploy with Federally run military units.

Here also is where the Senate gets level of control over what the President can do. Next time you hear about the Senate having to approve a Supreme Court Justice or any other Presidential appointee you’ll be able to say, a ha! There’s Article II, Section 2, Paragraph 2 in action!

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Article II - Section 1, paragraphs 1-2:

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.

Ever wonder how many votes your state gets in the Electoral College? Take the number of Senators for your state (always 2) and the number of Representatives and add them together. Utah currently has 3 Representatives so we get a total of 5 votes in the Electoral College. Under this system every state gets at least 3 votes and California currently has the most at 55.

Paragraph 3 -

[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.]¹

1- This whole paragraph has been superseded by the 12th Amendment.

The technicalities of who gets to count the votes and what constitutes a winner of the Presidential election and what happens if no ones gets a majority. The exact nature of this process has changed a few times.

Paragraphs 4-5:

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.

So we can change the date of the Presidential elections, but it has to be the same day for the whole country.

I’m not announcing any intentions, but I am Constitutionally qualified to be President of the United States.

Paragraph 6:

[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.]²

2- Replaced by the 25th Amendment.

Before the 25th Amendment if both the President and the Vice-President were removed from their position, then Congress had the power to pick a replacement.

Paragraphs 7-8:

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.

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.”

The President’s salary can’t be changed for the term being served, only afterwards. The specified salary is the only payment they are allowed to accept while serving.

I’d never really thought about where the oath of office for the President came from, makes sense that it would be right there in the Constitution. Interesting that the oath is to serve in the office and “preserve, protect and defend the Constitution”. Doesn’t say anything about serving the people, working with Congress or anything else, it completely focuses on the Constitution.

Other Constitution posts.

Article I - Section 10, paragraph 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.

States don’t get to entire into their own treaties or print their own money. Makes sense, would have been really bad if a state had decided to align themselves with Germany during WWII on their own.

Paragraph 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 Controul of the Congress.

States can only tax imports or exports to cover their costs and even then Congress gets over sight of such taxes.

Paragraph 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.

States don’t get to keep their own troops during times of peace. I wonder what allows for states run National Guard units then.

That completes Article I of the Constitution.

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Article I - Section 9, paragraph 1:

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, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Seems before 1808 we had a very open immigration policy.

Paragraphs 2-5:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, [unless in Proportion to the Census or enumeration herein before directed to be taken]¹.

No Tax or Duty shall be laid on Articles exported from any State.

1- Changed by the 16th Amendment in the early 1900s.

There’s certainly a lot we could talk about when it comes to Habeas Corpus. I wonder who gets to define when a rebellion or invasion has happened? The phrase public safety is also pretty wide. I’m not sure if trying to spell out what situations would trigger those clauses would help or not.

Paragraphs 6-8:

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Ships can move from state to state without having to pay fees, and money only leaves the treasury if a law says so. Not sure that ‘time to time’ tells me much. Every year, two years, decade?

Simply by observation I’ve known that we don’t grant titles (like knight/sir) to people in the US, but I didn’t realize that it was specifically not allowed under the Constitution. And beyond that we aren’t even allowed to accept such titles from other countries.

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Article I - Section 8, paragraphs 1-15:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Spells out a number of items that Congress is allowed to do. One section that I’d like to point out is paragraph 3:

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Regulating commerce between the states has been used in all sorts of things. When you see federal regulation it is often brought into force under this clause. Just something to keep an eye on.

Paragraph 16:

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Congress gets to manage the military. I think this is part of the odd balance between Congress and Commander in Chief (the President).

Paragraphs 17-18:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

If I’m reading this right, this puts Congress in charge of Washington, D.C. under this district clause. I’ve often thought that Washington, D.C. was in a rather odd situation. Good to know there was a specific clause early on to take care of that situation.

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Article I - Section 7, paragraph 1:

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Are there are any other means for the government to raise revenue besides taxes?

Paragraph 2:

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

The Presidential power of veto and the 2/3 vote required by Congress to over come said veto. Then there’s the so-called “pocket veto” clause.

Paragraph 3:

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Probably important that explicitly state everything (except adjournment) passed by Congress goes to the President for approval or veto.

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Article I - Section 6:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Members of Congress get paid from the US Treasury and are generally exempt from being detained for legal violations while Congress is in session. While serving they aren’t allowed to be hold any other offices. I’d never heard of the word emoluments before, so I took another trip to merriam-webster.com to look up emoluments:

the returns arising from office or employment usually in the form of compensation or perquisites

It’s a fancy word for salary. Good idea to not allow them to vote themselves raises for their current term.

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Article I - Section 5:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

So both the Senate and the House get to essentially make their own rules and judge each other when they are broken, but it takes a 2/3rds vote to expel someone. With no third party specifically granted power to over see the actions of Congress that leaves the citizens themselves with that responsibility.

A record of the events in each House is required. I didn’t realize that it wasn’t required to record the individual votes unless one fifth of those present request it. I wonder why they didn’t make entering the individual votes the record required.

Nice move on not allowing Congress to try and hold sessions in other locations. I hadn’t initially thought about, but I could see groups trying to hijack the process by gathering in a different place which Congress was supposed to be in session.

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