Some Of The Many Reasons I Support Dennis Kucinich
I really like Dennis Kucinich, I voted for him last time, I will vote for him again this time. He is the only candidate that really lines up with me on almost every issue. Given my world view I would be foolish to vote for anyone else. I could go on and on about how great this strange little man is, but I figure I would let him speak for himself.
On Health Care
On Immigration
On Peace
much more after the jump
Read the rest of Some Of The Many Reasons I Support Dennis Kucinich
DNA Is Not Public Property
Take one British appeal court judge with time on his hands, add a police force that already has the largest DNA database in Europe, mix in some American-style biometric coercion and, finally, invite an excited media to listen to some far-fetched idea that surely, surely could never come true. What do you get? Another wedge hammered into the already widening cracks of our human rights.
I cannot be certain, but this story sounds like something that the current UK government - and certainly the US, Russian, Indian and Chinese governments - would be more than happy to get into the open. It is a simple form of haggling: get an authority figure to make a controversial statement, with an idea that is going to be initially rejected, and then just stand back and wait.
After a while people will have ostensibly forgotten that someone suggested an entire country’s population, along with every single visitor to that country, would have to have their DNA forcibly removed and stored. But then someone, in a couple of years time, comes along with the idea that anyone wishing to take out life insurance or perhaps have a driving licence would have to submit a DNA sample for “legal” reasons. That amounts to almost the entire population of the country, but it’s “voluntary”, so how many people will really object to this uncontentious piece of legislation?
Read the rest of DNA Is Not Public Property
The Constitution Article I Section 8 Clauses 1-4
Article I Section 8 Clauses 1-4
Section 8 of our constitution lays out in great detail the powers of the Congress. These powers are limited to the ones listed, and those that are “necessary and proper” to carry them out. The states are in charge of everything else. (The Tenth amendment lays this point out in more detail)
Over time the Congress has slowly crept into the realm of what used to be considered “state matters” they most often do this by sighting clause three often called the “commerce clause.” They do this because so much of today’s business crosses state lines. In recent years however the supreme court has been in favor of states rights, limiting what Congress can do by sighting the commerce clause.
[1]The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
[2]To borrow money on the credit of the United States;
[3]To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
[4]To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
Read the rest of The Constitution Article I Section 8 Clauses 1-4
Bush Authorizes Opening Of Americans Mail
Bush has given himself the power to read our mail. In a December bill he added a signing statement that he claims gives him the power to read anyone’s mail so long as its “an emergency” which conveniently he gets to define the terms of. Seems the American people should be shopping around for a new president.
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The Constitution Article I Section 7 Clauses 1-3
Article I Section 7 Clauses 1-3
[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.
[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.
[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.
If there is one thing our government does well (or poorly depending on how you look at it) is spend money. And when it comes to raising or spending money it all starts in the House. The Senate can offer changes, and must ultimately approve of the bills before they go to the president, but its the House that gets the ball rolling.
If the president signs the bill then it becomes law. If he waits for ten days not including Sunday the bill also becomes law, except during the last few days of a congressional session. During this period the president can use the “pocket veto.” Basically the President just has to sit on his/her ass and the bill gets vetoed. This is a sneaky tactic. When the president vetoes a bill with objections it goes back to congress a 2/3 majority vote in the House and Senate can override the veto. However during the end of the session the ten day period may overlap into the time when the congress is not in session. The president is able to “put the bill in there pocket” until Congress adjourns is thus called a pocket veto. Since Congress cannot vote while in adjournment, a pocket veto cannot be overridden.
The pocket veto is almost as popular as the normal veto.
regular vetoes 1485
pocket vetoes 1066
total vetoes 2551
overwritten 106
Congress can also take the vetoed bill and change it to make it more acceptable to the president. For political reasons this sort of thing goes on all the time (or usually does Bush has been very bad at this). The threat of presidential veto and congressional override is supposed to prevent the rampant passing of laws that any one branch of government wants passed. Current lack of this check and balance system has lead to the president dictating what laws will be passed, and the congress rubber stamping everything. With the recent shift in party majority to the Democratic party this should change.
George Washingtons first veto to the congress read.
United States [Philadelphia] April 5 1792.
Gentlemen of the House of Representatives
I have maturely considered the Act passed by the two Houses, intitled, “An Act for an apportionment of Representatives among the several States according to the first enumeration,” and I return it to your House, wherein it originated, with the following objections.
First—The Constitution has prescribed that representatives shall be apportioned among the several States according to their respective numbers: and there is no one proportion or divisor which, applied to the respective numbers of the States will yield the number and allotment of representatives proposed by the Bill.
Second—The Constitution has also provided that the number of Representatives shall not exceed one for every thirty thousand; which restriction is, by the context, and by fair and obvious construction, to be applied to the seperate and respective numbers of the States: and the bill has allotted to eight of the States, more than one for thirty thousand.
George Washington.
The Constitution Article I Section 6 Clauses 1-2
Article I Section 6 Clauses 1 and 2
[1] 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.
[2] 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 increased 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 U.S. Treasury and get to vote for there own salaries. A fairly stupid setup if you ask me, but I was not at the convention when this was getting put down on paper.
Salaries of Members of Congress, 1789-2006 (from here pdf)
Payable Salary Effective Date
$1,500 March 4, 1789
$1,500 March 4, 1795
$1,500 March 3, 1796
$1,500 December 4, 1815
$1,500 March 3, 1817
$2,000 March 3, 1817
$3,000 December 3, 1855
$3,000 December 23, 1857
$5,000 December 4, 1865
$7,500 March 4, 1871
$5,000 January 20, 1874
$7,500 March 4, 1907
$10,000 March 4, 1925
$9,000 July 1, 1932
$8,500 April 1, 1933
$9,000 February 1, 1934
$9,500 July 1, 1934
$10,000 April 4, 1935
$12,500 January 3, 1947
$22,500 March 1, 1955
$30,000 January 3, 1965
$42,500 March 1, 1969
$44,600 October 1, 1975
$57,500 March 1, 1977
$60,662.50 October 1, 1979
$69,800 December 18, 1982, for Representatives July 1, 1983, for Senators
$72,600 January 1, 1984
$75,100 January 1, 1985
$77,400 January 1, 1987
$89,500 February 4, 1987
$96,600 (Representatives) February 1, 1990
$98,400 (Senators) February 1, 1990
$125,100 (Representatives) January 1, 1991
$101,900 (Senators) January 1, 1991
$125,100 (Senators) August 14, 1991
$129,500 (Reps. and Sens.) January 1, 1992
$133,600 (Reps. and Sens.) January 1, 1993
$136,700 (Reps. and Sens.) January 1, 1998
$141,300 (Reps. and Sens.) January 1, 2000
$145,100 (Reps. and Sens.) January 1, 2001
$150,000 (Reps. and Sens.) January 1, 2002
$154,700 (Reps. and Sens.) January 1, 2003
$158,100 (Reps. and Sens.) January 1, 2004
$162,100 (Reps. and Sens.) January 1, 2005
$165,200 (Reps. and Sens.) January 1, 2006
However we are lucky as the 27th amendment (ratified in 1992) made it so that the pay raise takes place only after the next election. This (in theory) gives us, the poor voters, the ability to vote anyone out of office we feel may be giving themselves a bit too much money. However because most people don’t pay a lick of attention to what the people who lead them do, this rarely if ever happens.
This part of the Constitution also protects legislators from arrests in civil lawsuits while they are in session, they may however be arrested in criminal matters. Congress members are granted immunity from lawsuits for the things they say and do as legislators. While this allows them to make statements without the fear of a libel or slander lawsuit it also lets them get away with saying some of the dumbest shit.
“There is no one person in the Bush administration who is indispensable — with the exception of the president,” Rick Santorum
“The Internet is not a big truck…it’s ah, ah, it’s a series of tubes!” Ted Stevens
We the voters are supposed to serve as the check on this branch of government. We are supposed to be watching what they say, and if its a crock, voting them out of office.
To ensure the separation of powers between the three branches, senators and representatives are prohibited from holding any other federal office during their service in Congress. They are however allowed to run for another office (say run for president while you are a senator) and simply step down from being a congressperson if they get the new job.
The Constitution Article I section 5 Clauses 1-4
Article I section 5 Clauses 1 through 4
[1] 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.
[2] Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.
[3] 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.
[4]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.
Another simple yet effective bit of text. Both houses are in charge of determining if elections are fair, they are in charge of making there own rules, and they need a Quorum to do business.
A quorum means that a majority of members must be present. If at any time a member realizes that they do not have a quorum then they can alert the speaker and bells ring all over the capital and people rush to form one. (really bells actually ring) Each house may authorize its sergeants at arms to arrest absent members and compel their attendance to establish a quorum to do business.
Each house keeps a journal which you can read online at www.gpoaccess.gov/crecord
To keep both houses on a similar schedule they are not allowed to go to another place or close for more than three days. To keep things moving forward when only one house is working members of the other house will often send a single senator or rep and have them gavel the session open and shut. Often these members will attempt to open and shut the session as fast as possible as a sort of game.
The Constitution Article I Section 4 Clauses 1-2
Article I Section 4 Clauses 1 and 2
[1] The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the places of choosing Senators.
[2] The Congress shall assemble at least once in every Year, and such Meeting shall [be on the first Monday in December,]* unless they shall by Law appoint a different Day.
* Changed by the Twentieth Amendment
Now this is seat of your pants action packed law right here. I will give you a second to wipe the sweat from your brow over the sweeping advances in world of legal craft work presented here. (go ahead wipe away) But seriously not all parts of the Constitution are very exciting, this being one of them…
The state legislatures have the task of figuring out how congressional elections are held. The determine the schedule, how voters register, where they can vote. But congress has the right to change these state rules to set a uniform date for federal elections and to provide national protection for the right to vote. Wait a minute! This is not so dull after all!
When taken in the context of the civil rights movement this section along with several amendments are very important for understanding who can vote and when they can vote and how they vote. The first federal election law prohibited false registrations, bribery of election officials, and reporting false election returns. Congress passed this law after the Civil War with the goal of enforcing the prohibitions against racial discrimination in voting contained in the 15th amendment.
Later the Civil Rights Act of 1957 and 1964 and the Voting Rights Act of 1965, Congress added even greater protection for the right to vote.
Generally Congress sets its own schedule for how often it meets. The Constitution says it has to meet once a year. Originally it was on the first Monday in December, one year and one month AFTER the election (leading to all sorts of problems), the 20th amendment fixed that small oversight and moved the date to January 3rd unless the members pick another date.
The Constitution Article I Section 3 Clauses 4-7
Article I Section 3 Clauses 4, 5, 6, 7
[4] The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
[5] The Senate shall choose their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.
[6] The Senate shall have sole Power to try all Impeachments. When sitting for the Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.
[7] Judgement in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial Judgment and punishment, according to Law.
This is a big one, sets out what role the VP will have in the senate (a tie breaker role), when the VP is not around the President pro tempore (meaning literally “for the time being”) runs the joint. The President pro tempore also is in line to become president if something were to happen to the President and VP. Modern custom dictates that the President pro tempore will be the senior member of the majority party.
The House votes to impeach someone, its the Senates job to convict them (or not to convict them). If the President is the one put on trial the Chief Justice runs the show. This is because the VP has too much to gain and could be tempted to axe the President just so she/he could get the job.
A two thirds majority is required to (67 if all 100 senators are present) remove someone from office. When Clinton was on trial, two votes were held one of 55 not guilty 45 guilty, and one of 50 not guilty and 50 guilty. Nowhere near what is needed to remove him from office. As such successful impeachments tend to be political in nature. If one party is in control of the house and senate it is unlikely that any of there party members will be impeached or removed from office (even if like GW they seem to have broken many laws).
Those convicted by the Senate are removed from office, and can be barred from holding further office. The Congress can’t do anything else to them, but they are still able to be prosecuted criminally or sued, just like any other citizen.
The Constitution Article I Section 3 Clauses 1-3
Article I Section 3 Clauses 1, 2, 3
[1] The Senate of the United State shall be composed of two Senators from each state, [chosen by the Legislature] thereof*, for six Years; and each Senator shall have one Vote.
[2] Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into thee Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Years, and of the third Class at the Expiration of the sixth Year; so that one-third may be chosen every second Year; [and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies],**
[3] No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
*changed by the Seventeenth Amendment
**changed by the Seventeenth Amendment
This part lays out the basic membership of the Senate. How many there should be (two per state), that they only get one vote, how old they have to be, and residency requirements.
It also lays out a rotating election cycle so that only 1/3 of the Senate is ever up for re-election at a time. Pretty smart, as it makes sure that only 1/3 of the Senators are ignoring there Senate duties to go to fundraisers at any one time. When a state enters the union the Senators from that state actually just flip a coin to determine with of that states two Senators will be in which class. With the winner getting a slightly longer term before re-election.
If Senators leave office for any reason before there term is up the state legislature may authorize the governor of their state to appoint someone to fill the vacant seat until the next election.
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