Tuesday, March 27, 2018

The legislative branch. Constitution 101 (Theory)

Ok this is the theory

You now know the Congress creates the bills which the President signs into law  and you also know that the Congress can override a veto and make a bill into law. A  president may be impeached if he does not enforce the laws passed by Congress.   I know Mr Obama played games claiming " prosecutorial discretion"  but the political reality is, that being Mr Obama( first black president) and having his party control the Senate and the Media loved him . He got away with it. (Note that even  he waited till his last election and last few years in office to do it. Yep politics does play a hand.)
But that aside. The only body given the power to make laws under the Constitution IS the Congress.  (An EO is not a law  nor does the Constitution give the Federal judges or Justices the power to law make from the bench, I know it is done. More on that when we get to the judicial branch )
So why did they make it so hard to pass a Federal law.?
Simple.  ANY law even the most needful,  is a restriction on freedom. Now, they said men are not angels,  so the founders knew from experience that laws would be NEEDED , but they also knew that lawmaking is a habit forming drug...power corrupts and absolute power corrupts absolutely..so being wise they made it very very hard to pass laws.


The 3/5 compromise  this has been so misreported it is enough to drive a history teacher nuts.
(Yes they had slaves and yes we should have gotten rid of it in 1789  but You must judge a man or woman by the rules of his or her time...other wise we can say  Napoléon Bonaparte was a bad general becouse he did not use drones at Waterloo.)

The House of Representatives was considered the MOST important part of Congress as only they can start any bill that needs money and to have effect almost anything needs money. Seats in the House are awarded by population...the more people in your state the more seats and votes you get. So the slave holding states wanted the slaves counted as part of the state population.  The North said NO!  If you want seats free the slaves The slave holding states wanting cheap labor said NO..but England and France and the Indians were still out there and it was seen as a case of unite of die, So the States comprised:  60% three  out of five slaves would be counted for seats...The slave holding states saw that as a victory. So it had nothing to do with 3/5 of a person..it was a matter of voting.


Image result for picture of theory

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