Wednesday, February 24, 2010

A Theme for Valor Publishing Group?

Many people have suggested my publishing company, Valor Publishing Group, adopt this song as our theme. The best rendition I've ever heard of this song was sung by Brian Stokes Mitchell when he performed with the Mormon Tabernacle Choir and Orchestra. Awe inspiring, to say the least! As far as Valor Publishing Group is concerned, what are your thoughts?

(If you cannot see the video, click on http://www.youtube.com/watch?v=8QulZm9KID8 to view it directly on YouTube.)



The Impossible Dream
from MAN OF LA MANCHA (1972)
music by Mitch Leigh and lyrics by Joe Darion

To dream the impossible dream
To fight the unbeatable foe
To bear with unbearable sorrow
To run where the brave dare not go

To right the unrightable wrong
To love pure and chaste from afar
To try when your arms are too weary
To reach the unreachable star

This is my quest
To follow that star
No matter how hopeless
No matter how far

To fight for the right
Without question or pause
To be willing to march into Hell
For a heavenly cause

And I know if I'll only be true
To this glorious quest
That my heart will lie peaceful and calm
When I'm laid to my rest

And the world will be better for this
That one man, scorned and covered with scars
Still strove with his last ounce of courage
To reach the unreachable star

Deep within my heart, the mission and purpose of Valor Publishing Group is to seek out authors wherever they may be who have written manuscripts worthy of publishing and throwing our all into promoting. We adhere to standards in content and writing I have set for every author we accept. In addition, Valor Publishing Group has company policy that demands the best from each of us. I do not fear, nor have I ever, taking on a lion of immense proportions if I know my cause is just.

Because of this, it seems people who have come to know my company and me believe The Impossible Dream personifies everything in which I believe.

So what are your thoughts? Yes? No? And why?

Copyright 2009. All rights reserved by Candace E. Salima.

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Tuesday, February 23, 2010

Mike Lee Testifies Regarding Eminent Domain in Utah

Regular readers of this blog know how much it enrages me that 70% of Utah is controlled by the federal government and that Utahans do not have the right to use our lands and resources. You also know I have publicly and strongly endorsed Mike Lee in his bid for Bob Bennett's U.S. Senate seat.

Mike Lee Testifies Regarding Eminent Domain Authority Bill
February 23rd, 2010

Utah Republican Candidate for U.S. Senate supports assertion of state sovereignty

Salt Lake City, UT, February 23, 2010 — Testifying before the Utah House Natural Resources, Agriculture, and Environment Committee this morning, U.S. Senate Candidate Mike Lee discussed the importance of passing a bill introduced by Utah Representative Chris Herrod (R-Provo) that would codify as a Utah state statute the authority to exercise eminent domain authority over federally owned land within the state.

The bill in question is HB143, one of three bills being promoted by Rep. Herrod and Utah Representative Ken Sumsion (R-American Fork) that would begin the process of exercising this authority to take control of the land.

During his testimony, Mike Lee referred to the clause in the U.S. Constitution that requires that state legislatures consent to the federal acquisition of land, and said, "This is language that I believe has been ignored for a long time in this country, but it's time to revisit it, it's time to address it, and I believe this bill provides the state of Utah with the mechanism whereby it can address its own sovereign interests, and reclaim them."

Lee continued: "We are in fact being compelled into an undue obedience to the general government by virtue of the fact that they control 70% of our land, and on top of that tell us that we don't exercise the bundle of rights accompanied with state sovereignty. They're wrong."

The bill passed out of committee with a favorable recommendation by a unanimous vote, sending it to the full House.

Mike Lee is running for the seat currently held by three-term incumbent Senator Bob Bennett, who currently sits on the United States Senate Energy Subcommittee on Public Lands and Forests, which oversees public lands.

About Mike Lee: An attorney from Alpine, Utah, Lee has served as a law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, as a law clerk to Judge Samuel Alito of the U.S. Court of Appeals for the Third Circuit, as an Assistant U.S. Attorney, as General Counsel to Governor Jon Huntsman, and as a law clerk to Justice Samuel Alito of the U.S. Supreme Court. He has also held positions in private practice, and is currently a partner with the Washington, D.C.-based law firm of Howrey LLP.

###

I asked Utah's legislators, last year, to draw a strong and definable line in the sand to stop the ever encroaching federal government and to take back Utah's lands and resources. I've discussed many concerns issues with men such as Brad Daw, Carl Wimmer, Stephen Sandstrom and Ken Sumsion...I am delighted to see bill after bill being introduced and passing the Utah State Legislature. I am even more delighted to find Mike Lee, well-versed in the U.S. Constitution and defense of that great document, standing on the side of the U.S. Constitution and these men who are fighting for our state's rights.

Copyright 2009. All rights reserved by Candace E. Salima.

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ATTN: Utah Alpine School District Parents

The readers of my blog are aware that America is a republic and not a pure democracy. We've educated ourselves to the matter. But the Alpine School District in Utah County, Utah apparently doesn't know that and the school board must be swept out of office immediately. Read on...

Mary Mostert, a constitutional author, sent Alpine School District's board an email yesterday (among others) which she copied me (Oak Norton) on. For those of you that want a quick history lesson and a better understanding of the differences between a Republic and a Democracy, read this. It's excellent.

Leave comments on this post here:
http://www.utahsrepublic.org/education/mary-mostert-educates-asd-board/

To: Alpine School District:
American Fork, Utah

Superintendent Henshaw, and Board Members:

Because I am the author of books on the Declaration of Independence and the U.S. Constitution, recently I was contacted by some residents of the Alpine School district who are concerned about the District’s Mission statement: “Educating all students to ensure the future of our democracy”. (http://www.alpine.k12.ut.us/phpApps/genericPage.php?pdid=2789)

I wrote an e-mail to your public relations people, whose e-mails are listed below the mission statement pointing out that the Alpine School District is not IN a Democracy, but in a Republic which is clearly guaranteed by Article 4 Section 4 of the Constitution of the United States:
“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.”

The Constitution of the State of Utah in Article I, Section 2 says :

“The State of Utah is an inseparable part of the Federal Union and the Constitution of the United States is the supreme law of the Land .”

Article III paragraph 4 of the Utah Constitution, which lists four irrevocable ordinances unique to Utah, states:

“The Legislature shall make laws for the establishment and maintenance of a system of public schools, which shall be open to all the children of the State and be free from sectarian control.”
Sectarian Control not only pertains to control of the schools by any religious sect, but any other sect, i.e. any group, party or faction united by a specific doctrine or under a doctrinal leader. (Utah Constitution: http://le.utah.gov/~code/const/00I01.htm)

From the response I received from Michelle Gray and from other information on your website, it appears that the Alpine School District has violated both the precepts of the U.S. Constitution, and the precepts of the Utah Constitution by implementing sectarian support of a specific doctrine that is contrary to the precepts of a republican form of government guaranteed by the Constitution.

I realize that there are many people today who do not understand the Constitution or the differences between a democracy and a republic. Yet, I note that you yourselves run the Alpine School Board on republican, not democratic, principles. You have school board meetings, policies and decisions that are not democratically decided by all the people in your district. They are decided by you, who are elected representatives of the people living in your district. You appear to want to teach the children a doctrine you don’t practice yourselves.

I recently wrote the two paragraphs below to help some younger people who asked what the difference was between a democracy and a republic. I am somewhat surprised to learn that these differences are not very well understood by those who wrote and adopted your mission statement. Here’s the difference:

The following references are from my 1848 dictionary which explains more clearly than modern dictionaries the differences that the Founding Fathers were debating when they replaced the Articles of Confederation in 1787 because the nation was beginning to slide into anarchy, a common cause in the failure of democratic nations:

A democracy is government by the people; a form of government in which the supreme power is in the hands of the people.

A republic, from the Latin words les publica means “a public affair;” in which the sovereign power is exercised by representatives elected by the people.

In France and Quebec, Canada, Bastille Day is celebrated as “the birth of democracy.” The historic event celebrated on Bastille day is:

In France on July 14, 1789 a mob of 8,800 people stormed the Bastille, a fortress-prison in Paris built by and a symbol of the Bourbons. The mob freed the prisoners, seized the ammunition stored there, wrecked the building and killed the guards. The “law” and the prison were created by the Bourbon kings that ruled France from 1589 to 1793. The law and the prison were democratically demolished by the people of Paris.

There were no representatives. The people of Paris, having seized supreme power by force, removed the king, guillotined him, and took control of the city. This started the French Revolution, which actually was a civil war in which more than 17,000 men, women and children were seized by factional groups and beheaded.

In America, in 1776, a group of 55 men of the Second Continental Congress, who were elected by the people to represent the 2.5 million people of the 13 colonies, met in Philadelphia and wrote a document that declared the end of the rule of kings that inherited their position of power. Although not all the people in the colonies WANTED independence, they did not reject the document, though eventually many did move to Canada.

In 1777 the Continental Congress adopted the Articles of Confederation as its form of government. There was no judiciary or executive included in the Articles. There was a treasury and the Congress was given the right to decide matters of peace and war and other decisions. By 1787 the weakness and ineffectiveness and democratic lack of unity of the Articles of Confederation led to the new nation starting to slide into anarchy.

To save the country from anarchy, a Constitutional Convention made up of 55 men selected by their State Assemblies, met to write the Constitution. At no point in the founding of this nation was democracy ever part of the process.

I received a brief paragraph from Michelle Gray that didn’t address the issue, but simply re-enforced the confusion of the mission statement. I had written to point out that our nation was not founded as a democracy. In fact, a great deal of effort was put into writing a document that tried to make SURE that the nation never deteriorated to the level of a democracy.
She wrote back, on the same day (February 18) a paragraph I notice has been added on your website:

“The Mission Statement was drafted after meeting with a committee comprised of district administrators and Board of Education members. The mission statement is inclusive of the Moral Dimensions of Teaching (that echo the values of our district in addition to setting the performance standards and directing the implementation of our mission). It was adopted by the full Board of Education in an open board meeting and has been shared with the District Community Council as well as all School Community Councils in the district. It has been met with favorable comments with few exceptions.”

So, I gather you folks are the authors of the statement which proclaims the Alpine School District mission is to train students in your district to ignore both the US Constitution and the State of Utah Constitution? If you really believe so strongly that we need to become a democracy, don’t you think it would be appropriate to allow the parents of the Alpine School District to democratically follow the example of the founding of the French democracy and take direct physical action? Or, perhaps you could open this discussion up based on the current republican form of school board control and allow public discussion and a vote on what the school district’s mission is?

Mary Mostert
Author: A Hunger for Liberty Leads to the Declaration of Independence and The Threat of Anarchy Leads to the US Constitution

Please contact the Alpine School District on your own to express your concerns over what is being taught to the children in the Alpine School District.

Copyright 2009. All rights reserved by Candace E. Salima.

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Friday, February 19, 2010

Mitt Romney at CPAC 2010

I very much enjoyed Mitt Romney's speech at CPAC yesterday. Thought I'd share with all of you.

Mitt Romney, Part 1 (by the way, Part 2 is really Part 1, because Part 1 was Scott Brown introducing Mitt Romney)



Mitt Romney, Part 2



Mitt Romney, Part 3




Copyright 2009. All rights reserved by Candace E. Salima.

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Thursday, February 18, 2010

Brian Stokes Mitchell Singing "The Impossible Dream"

Doesn't matter how many times I listen to Brian Stokes Mitchell sing this song, I am blown away every single time. When I found it on YouTube I had to share it with my blogger friends. Stepping away from politics, business, writing, religion, history and for just this moment in time, we listen to greatness.



Copyright 2009. All rights reserved by Candace E. Salima.

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Sunday, February 14, 2010

Cleansing of America by Dr. Cleon Skousen to be Released

For the fans of the great Dr. Cleon Skousen's work, you are in for a HUGE treat. Dr. Skousen is well-known for two particular books Glenn Beck took a huge liking to: The 5,000 Year Leap and Making of America. So let me tell you a little bit about the exciting news we have in store for you.

There comes a moment in every person's life when a defining moment occurs. We can take that moment and fulfill it to the fullest, or we can let fear override us and walk away. I think it's safe to say that I have never been one to walk away.

Several months ago I caught wind of some unpublished manuscripts by a noted Constitutional scholar and theologian and started seeing what I could do to get Valor Publishing Group the publishing rights. Dr. W. Cleon Skousen has long been one of my favorites. The 5,000 Year Leap, Making of America, and The Living Christ, both volumes, are prominently displayed, and well read, in my home library. So I didn't give up, I kept chipping away and doing what I could to speak with the sons of W. Cleon Skousen.

In the meantime, I started researching Dr. Skousen and came to admire the man tremendously. Of course, I was a fan of his work--obviously--but until I learned more about the man I didn't understand how amazing he truly was.

Yesterday I signed a contract with the executors of C&J Investments, the legal entity for the Skousen family, to publish and distribute Dr. Cleon Skousen's Cleansing of America, which details the prophecies concerning America leading up to the latter days. Valor Publishing Group begins taking pre-orders today and Cleansing of America will be released, nationwide, on April 1, 2010. Those who reserve their copies of this incredible book in advance, will have it signed by Paul, Harry and Brent Skousen and shipped to your door one week prior to April 1st.

Dr. Cleon Skousen spent the majority of his life researching the gospel, the U.S. Constitution, the founding of America and writing numerous books and articles on the topic, and he is one of the most well-known, respected apologists of America and the gospel the world has ever known. At the time of his passing in 2006, his work was not yet finished. His book Cleansing of America, written in 1994 and given into the care and keeping of his sons, is now being brought forth for the first time ever.

Included in these pages are the events and stages the Lord has predicted, through his servants, the winding-up scenes of this world. It helps the reader understand: the nature of prophecy, the known chronology of prophetic events, and the importance of staying close to the Lord and his Prophets during the difficult and challenging years prior to the Second Coming. We are fast approaching those prophetic events. Some are upon us even now.

If we are prepared and obedient, we need not fear these events, but rather embrace them for the blessings they portend.

Price: $19.95 $17.96
Publisher: Valor Publishing Group, LLC (April 1, 2010)
Genre: Nonfiction
Binding: Hardback
Pages: 175
Language: English
ISBN-13: 978-1-935546-21-4
Product Dimensions: 6 x 9 inches



And here was what I learned about this great man:

W. Cleon Skousen (1913-2006), an ardent supporter of God, country, and the unlimited potential for greatness in all people, passed away at his Salt Lake City home on January 9, 2006, of natural causes incident to age, just eleven days shy of his ninety-third birthday. He was lovingly surrounded by many family members, and Jewel, his wife of sixty-nine years.

Dr. Skousen was the author of The Making of America, and was known by millions for his devoted understanding and support of the U.S. Constitution, his love of the gospel of Jesus Christ, his insights into politics, religion, good government, and human nature. He leaves behind an exhaustive work of scholarship created over three-quarters of a century and covering dozens of specialties. Among his 46 books he wrote are the bestsellers, The Naked Communist, The Naked Capitalist, So You Want to Raise a Boy, The Five Thousand Year Leap, and Fantastic Victory about the Israel-Arab war of 1967.

His books on religion, such as The First 2,000 Years, Prophecy and Modern Times, Isaiah Speaks to Modern Times, Treasures from the Book of Mormon, and Days of the Living Christ, reached millions of readers in the Christian, Jewish, and Islamic communities.

His speech entitled "A Personal Search for the Meaning of the Atonement" is perhaps the most widely distributed CD among members and missionaries of the Church of Jesus Christ of Latter-day Saints-a fact that made him smile in astonishment. "I've had missionaries tell me that speech has been translated into Russian, Spanish, Portuguese, and French, and has been passed around on every continent where missionaries serve."

Skousen served sixteen years in J. Edgar Hoover's FBI as an agent and the communications director during the waning years of the gangster era and WWII. He also was the editor of the nation's leading police magazine, "Law and Order."

He was a popular teacher of several thousand students at Brigham Young University for sixteen years, and a highly respected speaker across the country where he sometimes gave as many as 300 speeches a year. His devotion to America's Founding Fathers and the Constitution led to the creation of "The Freeman Institute," later known as the "National Center for Constitutional Studies," an organization through which his speeches and writings educated and united large segments of voters to elect senators, congressmen, governors and presidents who loved the Constitution.

Known for his untiring devotion to principle and integrity, he served as Salt Lake City's chief of police and created what Time Magazine called "A model police force." After four years of service, the city mayor created a firestorm of protest when he fired Skousen on trumped-up charges, an event the mayor later called the worst political mistake of his life.

Skousen and his wife maintained a modest home in Salt Lake City that became a stopover for any person with political aspirations in Utah and beyond. Friends and visitors included ecclesiastical leaders of all faiths, politicians from each major parties, students of all ages, and of course, the local missionaries, every Sunday night.

Skousen was born in Raymond, Alberta, Canada on Jan. 20, 1913, and was educated in Canada, Mexico and the U.S. He served a two-year mission for the LDS Church at age seventeen. He earned his PhD at George Washington University. He and Jewel are the parents of eight children, 50 grandchildren, and 100+ great-grand children.

Just before Dr. Skousen died, he completed the manuscript of Cleansing of America . He asked his sons to hold on to this manuscript until certain conditions were met. His sons feel the current climate of America meets their father's conditions and are thrilled to release this previously unpublished work of the man who was affectionately known as “a living national treasure.

We at Valor Publishing Group feel deeply honored to play a small part in releasing Cleansing of America to the world.

Reserve your copy now.

Please spread the word as far and as wide as you possibly can. This is likely the most exciting news I've had in a very long time.


Copyright 2009. All rights reserved by Candace E. Salima.

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Thursday, February 11, 2010

Six Things My Father Taught Me Never to Forget

My father lived the early part of his childhood in the Hitler occupied Netherlands. He suffered horribly. Starvation, attempted murder, bombings, illness, heart-stopping terror, a concentration camp and years of physical problems due to the wartime problems. When he came to America, he became the fiercest, most devoted patriot this nation has ever seen. He studied the U.S. Constitution, the Bill of Rights, the founding fathers, American history (as it was, not as it has been rewritten) and how a Republic form of government worked. As his children, he taught us the following six things to never, ever forget.

1. Freedom is precious, it must be guarded zealously and with great attention.

2. Hitler was elected into office.

3. Never, never, let happen in America what happened in Europe.

4. The U.S. Constitution is the greatest document in the history of the world. It provides protections and freedoms granted in no other nation.

5. Always be diligent. Always be attentive to moral and political climate of America, be a jealous guardian.

6. And remember…those who do not learn from history are doomed to repeat it. (Quote by George Santayana)


Copyright 2009. All rights reserved by Candace E. Salima.

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Wednesday, February 10, 2010

Utah: Call to Action on SB11 Utah State-made Firearms Protection Act

Representative Carl Wimmer, founder of the Patrick Henry Caucus emailed me the following:

We are in trouble. Today the Utah House of Representatives passed SB11 the Utah Firearms Freedom Act. It passed the House of Representatives overwhelmingly. It also passed the Senate with no Democrats and two Republicans, John Valentine and Lyle Hillyard, voting against it. I will post their email's below.

There is now a real movement to have Governor Gary Herbert veto the bill. The long and short of it is, that we MUST FLOOD the Governor's office with email's asking him to support the bill and to sign it immediately! He needs to received HUNDREDS if not THOUSANDS of email's telling him that you support this bill as a state sovereignty bill! We also need to flood the switch board at his office. We need to assure him that the people support him on this issue and ask him to stand tall for our state sovereignty.

Here is the contact info for both the Governor and his chief of staff.

John Valentine (jvalentine at utahsenate.org)

Lyle Hillyard (lhillyard at utahsenate.org)

Governor Herbert (gherbert at utah.gov) or (jperry at utah.gov)

Call Governor Herbert: 801-538-1000

My letter to Governor Gary Herbert, emailed at 5:35 p.m. on February 10th, 2010

Dear Governor Herbert,

It was a pleasure visiting with you briefly at the Utah County Lincoln Day Dinner last week. I wish to reiterate my thanks to you for standing strong on so many solid principles, including fiscal responsibility.

I am emailing you today about a matter of great import, SB11: Utah State-made Firearms Protection Act (http://le.utah.gov/~2010/bills/sbillint/sb0011.htm) introduced and sponsored by Senator Margaret Dayton. I understand it passed the House of Representatives overwhelmingly today and, in addition, also passed the Senate earlier with only 2 dissenting votes: John Valentine and Lyle Hillyard. I strongly support SB11 as a state sovereignty bill and wish it to be promptly signed into law.

I know there is a strong initiative in place to encourage you to veto this bill. I am asking you to please ignore this initiative and realize that the larger portion of Utah does indeed support SB11 with everything in us. The federal government increasingly encroaches on states’ rights, violating the U.S. Constitution with every move. We, as citizens of this great state, want our legislature and our Governor to stand with us in announcing: Any law which violates the U.S. Constitution will not be recognized in the state of Utah. SB11, takes that stand in defense of the 2nd , 9th and 10th Amendment rights of the state of Utah and her citizens. While the legislation limits Utah citizens to the exercising of our 2nd Amendment rights within the borders of the state, it is still a step in the right direction in securing our Constitutional rights should the unthinkable happen and the Bill of Rights completely stripped from the American people.

As such, I ask that you not delay, nor do you entertain the complaints of a small minority, in signing SB11 into law.

Thank you, Governor Herbert. I am available for any questions or comment at (Cell Number Redacted).

Candace E. Salima
Precinct Chair OR28
http://candacesalima.blogspot.com

CC: CES Political Email List
Posted on: Facebook, Twitter and Dream a little dream… Blog


Copyright 2009. All rights reserved by Candace E. Salima.

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Sunday, February 7, 2010

Religious: Coping With Those Who Leave the Fold

One of the most painful things any family member can face is watching a loved one make a decision which will utterly destroy their eternal salvation. So desperately we want to gather them close and hold them until they come to their senses, but it is impossible. We cannot, nor should we, force others to do what we know is right for them.

Today, while I was studying my Sunday School lesson, I happened to catch the end of the last lesson. Because of things which happened in my own family are so fresh in my heart and mind, Elder Richard G. Scott's words particularly struck a chord in me:

"Many of you have heavy hearts because a son or daughter, husband or wife, has turned from righteousness to pursue evil. My message is for you.

"Your life is filled with anguish, pain, and, at times, despair. I will tell you how you can be comforted by the Lord.

"First, you must recognize two foundation principles:

"1. While there are many things you can do to help a loved one in need, there are some things that must be done by the Lord.

"2. Also, no enduring improvement can occur without righteous exercise of agency. Do not attempt to override agency. The Lord himself would not do that. Forced obedience yields no blessings (see D&C 58:26-33).

"I will suggest seven ways you can help.

"First, love without limitations . . . Second, do not condone the transgressor, but extend every hope and support to the transgressor . . . Third, teach truth . . . Fourth, honestly forgive as often as is required . . . Fifth, pray trustingly. The . . . fervent prayer of a righteous man availeth much (James 5:16).

"Sixth, keep perspective . . . When the things you realistically can do to help are done, leave the matter in the hands of the Lord and worry no more. Do not feel guilty because you cannot do more. Do not waste your energy on useless worry . . . In time, you will feel impressions and know how to give further help. You will find more peace and happiness, will not neglect others who will need you, and will be able to give greater help because of that eternal perspective . . .

"One last suggestion--Never give up on a loved one, never!" (in Conference Report, April 1988, 69-71; or Ensign, May 1988, 60-61)

What loving and astoundingly simple advice from an apostle of God. Because of what we have so recently faced in our own family, these words struck to the very center of my soul. We cannot force another to make righteous decisions, that would be Satan's way. The Lord of Hosts insists upon free agency. He cannot free of us of the consequences of our actions, but He does free us from being forced to choose right.

What a beautiful and eternal concept. Do not condone the transgression, but love with our whole hearts, the transgressor. Never surrender our principles, values, morals or knowledge of truth, but do allow that person to make those decisions which cause so much grief in the hearts of those who love them.


Copyright 2009. All rights reserved by Candace E. Salima.

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Thursday, February 4, 2010

A Reminder to Barack Obama and the 111th Congress

From the U.S. government archives:

The Constitution of the United States: A Transcription

Note: The following text is a transcription of the Constitution in its original form.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

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.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4.

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 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.

Section. 5.

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 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 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.

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.

Section. 6.

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.

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.

Section. 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

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 Offences 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.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

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.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

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:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

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.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 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.

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.

Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

# # #

During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

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 10 amendments of the Constitution, known as the Bill of Rights.

The Bill of Rights: A Transcription

The Preamble to The Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "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.

AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

*Superseded by section 3 of the 20th amendment.

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XIV

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.

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*Changed by section 1 of the 26th amendment.

AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.

AMENDMENT XVI

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.

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

Section 1.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XX

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.

Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.
The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XXII

Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

AMENDMENT XXIII

Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1.
The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXIV

Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1.
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

AMENDMENT XXVI

Passed by Congress March 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.

Section 1.
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXVII

Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

# # #

Please take special note of the Bill of Rights, rights inviolate, and especially note the 10th Amendment.

Copyright 2009. All rights reserved by Candace E. Salima.

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Wednesday, February 3, 2010

Utah HB67: Health System Amendments

On Tuesday morning, February 2, 2010, Carl Wimmer presented HB67 to the Utah House Health and Human Services Committee and was passed through the floor with only one dissenting vote, Representative Phil Riesen.

Representative Carl Wimmer proposes the following substitute bill:

HEALTH SYSTEM AMENDMENTS
2010 General Session
State of Utah
Chief Sponsor: Carl Wimmer

LONG TITLE

General Description:

This bill prohibits a state agency or department from implementing federal health care reform passed by the United States Congress after March 1, 2010, unless the state Legislature specifically authorizes the implementation by statute.

Highlighted Provisions:

This bill:

- makes legislative findings;

- prohibits a state agency or department from implementing any provision of the federal health care reform unless the Legislature approves the implementation in statute after receiving a report regarding:

- whether the federal act compels the state to adopt the particular federal provision;

- consequences to the state if the state refuses to adopt the particular federal provision; and

- impact to the citizens of the state if reform efforts are implemented or not implemented.

Monies Appropriated in this Bill:

None

Other Special Clauses:

This provides an immediate effective date.

Utah Code Sections Affected:

ENACTS:

63M-1-2505.5, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 63M-1-2505.5 is enacted to read:

63M-1-2505.5. Freedom from federal health reform effort -- Preservation of state reform efforts.

(1) The Legislature finds that:

(a) the state has embarked on a rigorous process of implementing a strategic plan for health system reform pursuant to Section 63M-1-2505.5;

(b) the health system reform efforts for the state were developed to address the unique circumstances within Utah and to provide solutions that work for Utah;

(c) Utah is a leader in the nation for health system reform which includes:

(i) developing and using health data to control costs and quality; and

(ii) creating a defined contribution insurance market to increase options for employers and employees; and

(d) the federal government proposals for health system reform:

(i) infringe on state powers;

(ii) impose a uniform solution to a problem that requires different responses in different states;

(iii) threaten the progress Utah has made towards health system reform; and

(iv) infringe on the rights of citizens of this state to provide for their own health care by:

(A) requiring a person to enroll in a third party payment system:

(B) imposing fines on a person who chooses to pay directly for health care rather than use a third party payer:

(C) imposing fines on an employer that does not meet federal standards for providing health care benefits for employees; and

(D) threatening private health care systems with competing government supported health care systems.

(2) (a) A department or agency of the state may not implement any part of federal health care reform passed by the United States Congress after March 1, 2010, unless:

(i) the department or agency reports to the Legislature's Health Reform Task Force and the Legislative Executive Appropriations Committee in accordance with Subsection (2)(b); and

(ii) the Legislature passes legislation specifically authorizing the state's compliance with, or participation in, federal health care reform.

(b) The report required under Subsection (2)(a) shall include:

(i) the specific federal statute or regulation that requires the state to implement a federal reform provision:

(ii) whether the reform provision has any state waiver or options:

(iii) exactly what the reform provision requires the state to do, and how it would be implemented;

(iv) who in the state will be impacted by adopting the federal reform provision, or not adopting the federal reform provision:

(v) what is the cost to the state or citizens of the state to implement the federal reform provision; and

(vi) the consequences to the state if the state does not comply with the federal reform provision.

Section 2. Effective date.

If approved by two-thirds of all the members elected to each house, this bill takes effect upon approval by the governor, or the day following the constitutional time limit of Utah Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto override.

# # #

Mike Lee, candidate for the U.S. Senate and Constitutional Attorney testified to the constitutionality of the bill:

MIKE LEE TESTIFIES REGARDING HEALTH CARE NULLIFICATION BILL

February 2nd, 2010

Utah Republican Candidate for U.S. Senate declares “individual mandate” un-constitutional

Salt Lake City, UT, February 2, 2010 — Testifying before the Utah House Health and Human Services Committee this morning, U.S. Senate Candidate Mike Lee discussed the importance of passing a bill introduced by Utah Representative Carl Wimmer (R-Herriman) that would require Utah to opt out of federal reform when the state determines that opting out is in the best interest of the citizens of the state.

The bill in question is HB67, one of around 30 bills being promoted by other states to accomplish the same objective, according to Wimmer.

During his testimony, Mike Lee stated, “The point is that the federal government, the Congress, has no power to pass an individual insurance coverage mandate. And it is not only the right of the State of Utah, I believe it's the duty, the obligation, of the State of Utah, to fight against encroachments on the state's proper sovereign power preserved by the Constitution whenever that's encroached upon.”

Lee continued: “[HB67] gives to the state legislature the right to decide how far is too far, where that line has been crossed, and it gives to the state legislature the power to say ‘we're not going to do this. We will not be your lap dogs.’”

The Committee approved the measure on a 5-1 vote, sending it to the full House for a possible vote next week.

Last week, Mike Lee was the first U.S. Senate candidate from Utah to sign the “Repeal It!” pledge by the Club For Growth, a pledge seeking commitments to repeal any federal health care takeover and replace it with market-based reforms, when elected. Lee has a strong record of protecting Constitutional rights, including and especially the advocacy of state sovereignty by ensuring that the United States Congress only acts within the limited powers it has been delegated by the states.

Mike Lee is running for the seat currently held by three-term incumbent Senator Bob Bennett, whose proposed health care legislation also contains an individual insurance coverage mandate.

# # #

I, along with 200 plus other Utahans, attended the hearing. Only 3 people testified against the bill and the remainder of us were strong supporters of Representative Wimmer's bill to render any healthcare legislation passed by the U.S. Congress completely irrelevant in the state of Utah. You all know my strong objections to the current Democrat healthcare legislation, Senate and House combined totaling over 4,000 pages (sheesh these people are in dire need of a good editor). One I haven't mentioned, is that as a small business owner I know how detrimental it will be to small business owners across the nation. The costs of healthcare, according to Price Waterhouse, are going to skyrocket. Fines will be levied against small businesses because healthcare we may be paying for will be found insufficient and we will be forced to buy into the federal programs. 90% of the employee hiring businesses in the U.S. are small businesses. In destroying this aspect of America and free enterprise, the U.S. economy is effectively destroyed and will be ripe for a depression unparalleled by any in the history of the world.

Rep. Carl Wimmer and the Patrick Henry Caucus have stepped forward to protect Utahans and Utah businesses, both small and large.

Rep. Brad Daw set forth the motion to have HB67 be heard and gave a strong and impassioned defense by referencing the quote: "Damn the torpedoes! Full speed ahead."

Amen to that! Thank you for answering the call from small business owners across the state and the citizens of Utah and drawing that line in the sand. We will support this legislation.

Please call your representatives and ask them to support HB67. You may find the list of Utah representatives here: http://le.utah.gov/house/members/membertable1add.asp. Let's stand up for our rights and let the federal government know that here in Utah we will fight back.

I do not want the most incredible health care system on the face earth, which needs TRUE reform and not the commandeering of 1/6th of the U.S. economy and crushing of the American spirit in the guise of healthcare reform, be destroyed by these people in Washington, D.C. The U.S. Constitution gives us the right to do precisely that.


Copyright 2009. All rights reserved by Candace E. Salima.

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