Saturday, January 16, 2010

THE AMERICAN CONSTITUTION 101


The Constitution as we know it has been hijacked by the Congress and by the White House. Even the Courts have now taken the opportunity to provide their own definitions of the law, which often are in total conflict with Constitutional provisions.

Most recently, President Obama has expressed dismay and disagreement with the provisions of the Constitution and has alluded to his belief that the Constitution has continuous evolvement and change as times change. This is all hocus pocus. The Constitution is the law of the land; it does not change. If you want to change it, you amend it, just like a set of bylaws in your condo association. Otherwise, it means what it says.

Everyone should read and understand our Constitution. Article V in particular describes the only legal method for changing our Constitution:  


The Congress, whenever two thirds of both Houses shall deem it  necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. “

WHAT DOES THAT MEAN?
To Propose Amendments
• Two-thirds of both houses of Congress vote to propose an amendment, or
• Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.)
To Ratify Amendments
• Three-fourths of the state legislatures approve it, or
• Ratifying conventions in three-fourths of the states approve it. This method has been used only once -- to ratify the 21st Amendment -- repealing Prohibition. 

The Supreme Court has stated that ratification must be within "some reasonable time after the proposal." Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification. In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was 7 years, but there has been no determination as to just how long a "reasonable time" might extend.

Of the thousands of proposals that have been made to amend the Constitution, only 33 obtained the necessary two-thirds vote in Congress. Of those 33, only 27 amendments (including the Bill of Rights) have been ratified.  

That’s the law of the land. It has been in place since 1789. It has guided us through many perils. If Obama, or Reid, or Pelosi want to change it, they either have to follow the rules or overthrow the government of the United States. The question is: Have they taken covert steps to do the latter? 

That’s MY AMERICAN OPINION, respectfully submitted. 

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