The Constitution of The United States of America »
Posted by: truthiness 8 months agoThere is a lot of debate going on about this document which is the basis for our nation. So I thought, perhaps, it was time to reference the document itself.
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capecoralM8 months ago
It is not a substantive general power to provide for the welfare of the United States, but is a limitation on the grant of power to raise money by taxes, duties, and imposts. If it were otherwise, all the rest of the Constitution, consisting of carefully enumerated and cautiously guarded grants of specific powers, would have been useless, if not delusive. It would be impossible in that view to escape from the conclusion that these were inserted only to mislead for the present, and, instead of enlightening and defining the pathway of the future, in involve its action in the mazes of doubtful construction. Such a conclusion the character of the men who framed that sacred instrument will never permit us to form. Indeed, to suppose it susceptible of any other construction would be to consign all the rights of the States and of the people of the States to the mere discretion of Congress, opinion of Mr. Justice McREYNOLDS on Social Security He could not have been more correct
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truthiness8 months ago
Article. I.
Section. 1.
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.
Article. II.
Section. 1.
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:
Article III.
Section. 1.
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
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truthiness8 months ago
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.
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truthiness8 months ago
forget Bush, forget Clinton, forget the cult of personalities for a moment and remember that they are just players in larger organizations with stated and ulterior objectives.
This is the contract of our nation. Where do we stand today against the backdrop of what we are supposed to be? What does it mean to be a citizen in a representative democracy that is designed to empower the individual over the state and the state over the federal? Do we live in that nation anymore? if not, whose fault is that?
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natashas8 months ago
Great submission!
People have stood by for years watching there civil rights be thrown away and given to them.
No one knows what rights they have or do not have.
And each lawyer interprets the Constitution differently and will continue to argue it as long as people do not research the Constitution themselves.
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abntv8 months ago
People so eager to refer to this document when bashing one person or the other should stop and at least read this document first. They may find that their complaint is best directed in some other direction.
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jordan118 months ago
From the original, in which Senators were to be appointed by state legislators;
This became a problem in the mid 1800's, leaving some state's unrepresented. Hence the change to election by voters.
http://www.senate.gov/artandhistory/history/com...
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truthiness8 months ago
ection. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
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truthiness8 months ago
Article. V.
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.
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truthiness8 months ago
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.
No Tax or Duty shall be laid on Articles exported from any State.
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.
AMENDMENT XVI
Passed by Congress July 2, 1909. Ratified February 3, 1913.
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.
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truthiness8 months ago
he U.S. Constitution still requires that federal direct taxes must be apportioned among the 50 States of the Union. Thus, if California has 10 percent of the nation's population, then California's "portion" would be 10 percent of any direct federal tax. In the Brushaber decision, the Supreme Court concluded that income taxes are excises which fall into the category of indirect taxes, not direct taxes. From the beginning, the U.S. Constitution has made an explicit distinction between the two types of taxation authorized to the Congress, with separate limitations for each type: indirect taxes must be uniform across the States; direct taxes must be apportioned. Writing for the majority in one of his clearer passages, Chief Justice Edward Douglass White explained it this way:
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truthiness8 months ago
T]he conclusion reached in the Pollock Case did not in any degree involve holding that income taxes generically and necessarily came within the class of direct taxes on property, but on the contrary recognized the fact that taxation on income was in its nature an excise entitled to be enforced as such ....
[Brushaber v. Union Pacific Railroad Co.]
[240 U.S. 1 (1916), emphasis added]
http://www.supremelaw.org/fedzone11/htm/chapter...
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truthiness
Determine, each day, to live according to what you believe.
-Dalai Lama
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