The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of the new government too much power.
Historically, the concept of Separation of Powers dates back as far as ancient Greece. The concepts were refined by contemporaries of the Framers, and those refinements influenced the establishment of the three branches in the Constitution.
Section 1 - The Legislature
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Pretty simple, one sentence. And with todays political weather, does it hold up? I'm keeping to this one section because of the lenghth of the remaining sections. Any takers? Remember this is open for all. Your thoughts on each item, no rights no wrongs, just your opinion. Thank you for your input. sharky
7 comments:
I like to remind people the General Welfare clause isn't in Article I.
Of course it is.
Article 1 - The Legislative Branch
Section 8 - Powers of Congress
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 Offenses 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;
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;
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.
I hope people have the good sense not to pay much attention to your attempts at 'reminding' them Bill.
Based upon this simple statement it is declaring that Congress alone has the power to enact the laws that the federal government is permitted to enforce. we would thus recognize that the other two branches of this newly formed government were without power to enact laws.
and it recognizes what the legislative body of this new government was to consist of, two houses. Each house representing a particular aspect of each state within the Union.
Considering that this is part of a constitution (a contract) we must acknowledge that any laws enacted would be restricted to those areas of governing as designated to the federal government.
Griper -- Agree thru and thru.
"Considering that this is part of a constitution (a contract) we must acknowledge that any laws enacted would be restricted to those areas of governing as designated to the federal government" nails that.
Just for giggles and off subject, N.O. or Indy, over/under at 56, or poimts?
i haven't been keeping up with the football scene lately, sharky.
but, heads up i have to go with indy but only because of the quarterbacks.
and never was a fan of the handicap system even in horse racing. tho, from a businessman's point of view i can understand why it is used.
Griper -- I like your style. I've always been a NFC'er and love the town of Nawlerns, so I have a soft spot for them, although Johnny Unitas is still me hero, a true feild general and warrior. So you see me problem with a winner. But since ya like Manning I havr to go with his home town,
Thank you my friend (I mean that) for your input on this blog. Your insight is truely helpfull to me. sharky
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