PolitiCook.net

A New Constitition IV, with Respect to the other One

Written by Translator on July 11, 2008 – 8:04 pm -

Crossposted at Dailykos.com

Last time we got through Article I, Section 3. This time we shall begin with Article I, Section 4 and keep going to the point that the diary begins to get too long.

I have gotten so many comments that I shall make a complete update after the end of this series, incorporating many of the great thoughts that folks have contributed. This series is designed to get readers to think, not to make my ideas the be all and end all. As always, the original text is blockquoted, my simpleminded rewrite is in normal text, and my harebrained logic in italics.

Article I, Section 4 (Paragraph 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 chusing Senators.

The times, places, and manner of holding elections for all Federal offices shall be set by a standard by the Congress as law. This applies for primary elections as well as tertiary ones. States are free to set their own regulations for statewide elections.

This not only cleans up the archaic language, but also sets a mandatory standardization for elections. It also gets rid of the primary wars, since each state would have the same election day. I would suggest that sometime in May would be a good time, but that is certainly open for discussion.

Article I, Section 4 (Paragraph 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.

The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they pass a law favoring a different date.

All this does is clean up the archaic language.

Article I, Section 5 (Paragraph 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.

Each house shall determine the legitimacy of of its members by a two-thirds vote. Each house shall require at least one-half plus one member be present to perform any business, and may utilize its inherent powers to compel absent members to the floor. Each house is authorized to make rules in this respect.

This one is hard to read, and difficult even to follow. My jab at making it more clear is not very good, but I believe it is better than the original language. Help needed!

Article I, Section 5 (Paragraph 2)

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each house shall determine the rules of its proceedings, punish its members for disorderly behavior, and, with a vote of two-thirds, expel a member. If a member be expelled, the procedure described above will be used to fill the vacancy. An expelled member of either house is not eligible for election or appointment to a Federal position of trust until five year have elapsed from the time of expulsion to the time of taking a new oath of office.

This is pretty much in keeping with past practice, but cleans up the language and makes it clear that an expulsion is similar to a death insofar as fast elections are required. It also prevents a Representative from becoming a Senator, or any other Federal official for five years. Expulsion should carry some teeth.

Article I, Section 5 (Paragraph 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.

Each house shall record by digital means, video, audio, and stenography every moment of its proceedings, and post those proceedings on a dedicated internet site in real time. The votes of each member of each house shall be published in a similar manner, regardless of the sensitivity of the subject. The only exception is when either house is considering information that it believes should be held as a secret, and that definition shall be binding only upon the vote of two-thirds.

This modernizes the way that the Congress provides information. I think that it is appropriate. Secrets can still be, but a bunch of folks have to agree. Open government is the goal, but I understand that some information should be withheld. However, all votes should be reported, even it the issues are not fully displayed.

Article I, Section 5 (Paragraph 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.

Neither of the houses may adjourn without the consent of the other house for more than three days. Neither of the houses can meet anywhere else than the designated places in the Capitol except by law, and both houses must meet in the same place.

This cleans up the archaic language and specifies that both houses of Congress must meet in near locations. It does allow a disaster exception if DC is not habitable.

Article I, Section 5 (Paragraph 5)

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.

The Senators and Representatives shall receive a salary for their services, under law passed, directly from the Treasury of the United States. They shall be in all cases be privileged from arrest during their attendance at the session of their respective house, and in going to and returning from their duties. In no case will their words, uttered in their houses, be a cause for arrest or detention. Nor can they be called by any court to defend their comments. However, if any member of either house is accused of a felonious crime, local laws shall prevail. For this document, a felonious crime is defined as a criminal act of violence against another person.

This cleanup is difficult. It was the standard long ago just to arrest members of Parliament so they could not vote, regardless of the reason. This wording is designed to prevent that, but to allow the law to be followed for criminal acts.

Article I, Section 5 (Paragraph 6)

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 encreased 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.

No elected person shall, during the time of his or her term, may be appointed to any civil office under the authority of the United States. If that appointment is chosen, the elected person immediately is expelled from the house from he or she served. No one can be an elected official and simultaneously a member of any other Federal position.

This clears up the archaic language, and also makes simpler the difference between elected and appointed.

This a long enough. More next time. Tips, comments, recommends, and trolls are always welcome, but I do not like the trolls very much. Warmest regards, Doc.

Tags: Constitution, House, Raves of Translator, Senate, Teaching
Posted in Diaries |