"A wise and frugal government which shall restrain men
from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government."
(Thomas Jefferson)

Wednesday, January 5, 2011

Today at Noon Order will be Restored in the House of Representatives

January 5th at noon est the new House will be sworn in and the election of the Speaker of the House will take place.  Nancy Pelosi will be history as Speaker and if Heath Schuler (D-NC) has his way, she will be history as Minority Leader.  The first session of the Congress is now getting ready to take a quorum by state before swearing in the members of the House.

We have seen some pundits criticize the new leadership for the House Rules because it gives some power back to the Minority.  They are doing the right thing and returning to the Rules that should be in place instead of the Rules Pelosi and her progressives put in place to strip the minority party of their rights and voices for the most part.  That was no way to run Government and disenfranchised millions of us with a Republican Congressman.  To us, it shows leadership on the part of Republicans to ensure that everyone is heard and not silenced.  Retribution is not the name of the game and never should be.  Every American has a right to have their voices heard through their Representative and NOTHING rammed through the House like was done with Pelosi and the Progressives to get the Obama agenda passed.   Many times the bills were written and passed out of Committee without Republican participation.  That has to stop.

The Constitution of the United States  will be read to the Members of the 112th Congress.  The link will take you to the translation of the original Constitution with links to Amendments that affect that particular item.  Article I, Sections 1-10 deal specifically with the powers of the House and Senate.  Time the Congress pays attention to what our founding fathers wrote in the Constitution and the amendments that have been passed since the first Constitution was ratified.  The powers of the Congress are enumerated very well in this document with only Sections 2, 3, 4, and 9 affected by amendments:

AMENDMENT XIV (Census following the Civil War)

Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

AMENDMENT XVI (Direct Election of Senators and how vacancies are filled)
Passed by Congress May 13, 1912. Ratified April 8, 1913.
Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

AMENDMENT XX  (Date for Congress Convening)
Passed by Congress March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

AMENDMENT XVI (Levied Taxes)

Passed by Congress July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9, of the Constitution was modified by amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
When you stop to think about the few changes that have been made to the Constitution concerning the Congress, you realize vision the founders of this Country had when they wrote the Constitution. This is a document that has stood for over 200 years and it is as germane today as it was on September 17th, 1787, when the Constitution was signed.

The founders were smart enough to know that certain items left out of the main document had to be dealt with and those became the first 10 amendments to the Constitution known as The Bill or Rights:

On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first ten amendments of the Constitution, known as the Bill of Rights.
After over 200 years, these first ten Amendments stand as strong today as they did when the states ratified them. Only 17 amendments have been added to the Constitution since these first ten and two of those dealt with banning of liquor and its repeal.

Bill of Rights:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Today we begin a new era for the Congress as the members take their oath.  We believe that this House will have the transparency that the Democrats promised and didn't deliver. 

As required by Article 6 of the U.S. Constitution, Members of Congress shall be bound by oath or affirmation to support the Constitution. Representatives, delegates, and the resident commissioner all take the oath of office on the first day of the new Congress, immediately after the House has elected its Speaker. The Speaker of the House administers the oath of office as follows:
"I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
Representatives elected in special elections during the course of a Congress generally take the oath of office on the floor of the House Chamber when the Clerk of the House has received a formal notice of the new Member's election or appointment from State government authorities. On rare occasions, because of illness or other circumstances, a Member-elect has been authorized to take the oath of office at a place other than the House. In those circumstances, the Clerk of the House sees to the proper administration of the oath.

God Bless America and be with the men and women of the House and Senate as they take their oaths today.

No comments: