Article VII of the U.S. Constitution

Article VII of the Constitution sets the criteria by which the newly created Constitution would be adopted.  Whenever nine states ratified it, the Constitution would come into effect for those states approving it.  The article called for ratifying conventions in the states, rather than allowing state legislatures to vote on it.

In addition, this article contains the signatures of those individuals who participated in the creation of the Constitution.  Below is a listing of the individuals who signed the document.  The Constitutional Convention completed its business on September 17, 1787.  New Hampshire was the ninth state to ratify the Constitution and did so on June 21, 1788.  The first Congress under the Constitution met in March of 1789.

Delaware                      Maryland                                 Virginia
George Read                  James McHenry                        George Washington*
Gunning Bedford, Jr.        Daniel Carroll                             John Blair
John Dickinson               Daniel of St. Thomas Jenifer       James Madison, Jr.
Richard Bassett            
Jacob Broom


North Carolina              Georgia                                   New Hampshire
William Blount                William Few                              John Langdon
Richard Dobbs Spaight    Abraham Baldwin                       Nicholas Gilman
Hugh Williamson


Massachusetts              Connecticut                             New York
Nathaniel Gorham           William Samuel Johnson            Alexander Hamilton
Rufus King                      Roger Sherman

New Jersey                                  Pennsylvania
William Livingston                          Benjamin Franklin
David Brearly                                 Thomas Mifflin
William Patterson                           Robert Morris
Jonathan Dayton                            George Clymer
                                                     Thomas FitzSimons
                                                     Jared Ingersoll
                                                     James Wilson
                                                     Gouverneur Morris

* Served as President of the Convention

Article VI of the U.S. Constitution: Supremacy

Article VI of the U.S. Constitution obligated the new government created by the Constitution to assume the debts owed by the government under the Articles of Confederation.

This article also established the supremacy of the Constitution, and those federal laws and treaties made under it, over state laws.  Stating that the Constitution and subsequent laws are the "supreme law of the land."

In addition, Article VI requires legislators and members of the executive and judicial branches of the national government and the state governments to swear an oath of allegiance to the Constitution.  It also bans any religious qualification for serving in an office under the United States.

Article V of the U.S. Constitution: Amending the Constitution

Article V of the Constitution creates the process by which this document can be changed.  There are two ways to initiate an amendment to the Constitution.  Both ways require a two-step process.

First, Congress may initiate the process by passing a proposed constitutional amendment.  Two-thirds of both the House of Representatives and the Senate must vote in favor of an amendment in order for it to be forwarded to the states for ratification.  The state legislatures may serve as the vehicle for ratification (approval), or states may hold conventions which are specifically granted the authority to vote on ratification of proposed amendments.  Either way, the requirement for ratification is that three-fourths of the states must approve the constitutional amendment.

Second, the states may petition Congress to call a special constitutional convention.  Congress is obligated to  call such a convention once two-thirds of the states have petitioned it to do so.  This convention would be empowered to create proposed amendments that would then be sent to the states for ratification.  Again, three-fourths of the states would have to approve the proposals either through their legislatures or through specifically called state conventions.

Here's a chart that might be helpful to understand the different ways to amend the Constitution:

Three issues were protected from the amendment process:

• No amendment interfering with the importation of slaves into the U.S. was allowed prior 1808
• No amendment creating a direct tax unless it was in proportion to the census was allowed prior to the year 1808
• No amendment can alter the equal representation of each state in the Senate

In Defense of Partisanship

Somewhere along the line, "partisanship" has gotten a bad rap.  I think this is wrong-headed and perverts the notion of representative democracy.  So here's my defense of all the "partisan bickering" the talking media heads consistently malign.

Partisanship is generally referred to when Republican and Democrat elected officials are unable to reach compromise on legislative items (especially major items).  It is generally implied that adherence to party principles or ideas has interfered with creating public policy.  It is also assumed that the policy created through compromise will be better than no change in current policy.

However, what most pundits and academics fail to consider, is that elected officials are expected to represent the views of those who elected them.  Now this will strike some as an overly limited view of representation.  Elected officials, it is often argued, are supposed to represent all of their constituents, or "all of the people", or even, the national interests as a whole.  While these high sounding platitudes make us feel good about the role of an elected official, they fail to align with the reality or purpose of a representative system.

An elected official, first and foremost, is responsible for representing the interests of the people who actually

elected them.  This group of people, more often than not, come predominantly from one party or the other.  In fact, the official was in large measure elected because of his or her membership in that party, and their presumed fealty to that party's political principles.  Abandonment of those principles in the pursuit of compromise can be viewed as a betrayal of the very people the official is bound to represent.

In short, Republicans don't elect Republican officials who will begin voting with Democrats once in office.  And Democrats expect Democrat officials to vote in accordance with the party's principles, not to vote like Republican officials.  Quite frankly, neither Republicans or Democrats are elected to compromise.  This should be celebrated not denigrated.

To the extent that a Republican or Democrat holds true to their party's political principles, they increase the value of party labels and the meaningfulness of elections.  They make selecting officials an easier process by ensuring that voters genuinely understand how a particular official will likely vote on a variety of issues.  Partisanship ensures the integrity of the electoral process.

Partisanship is as old as representative government.  It is as central to our system as any element of the Constitution.  It is what breathes life into many of the issues elected officials must make decisions about.  Partisanship helps to create the conflict from which most real political achievements arise.  So here's three cheers for partisanship!  May it always rear its head when the specter of compromise approaches.

Article IV of the U.S. Constitution

Article IV of the U.S. Constitution establishes the guidelines by which states are to interact with one another.

Section 1
Section one contains the "full faith and credit" clause.  It requires that each state recognize the "public acts, records, and judicial proceedings" of every other state.  However, this is followed up with a clause empowering Congress to determine how and when this clause will apply.

Note:  This clause is what allows you to drive from your home state to another without having to secure a driver's license in each state you pass through.  It is also what allows a couple married in one state to move to another without having to be remarried.  However, because Congress acted in 1996 through the Defense of Marriage Act, it prevented states from having to acknowledge same-sex marriages if they chose not to do so.  This portion of the Constitution is what enabled them to pass that legislation.

Section 2
Section Two attempts to establish the principle of equality before the law, by stating that a citizen of any one state is "entitled to all privileges and immunities of citizens in the several states."  This section also establishes the principle of extradition between the states.  Prior to passage of the 13th Amendment, this section also required fugitive slaves to be returned to their masters.

Section 3
This section establishes the process for a new state being created or accepted into the union.  Congress is the institution that must formally adopt a new state.  In addition, this section prevents Congress from creating a new state out of one or more states without the consent of those states' legislatures.  This section also gives Congress the power to regulate, or dispose of the properties of the U.S., including territories.

Section 4
Section Four enumerates the national government's responsibilities to the states.  They include:

• Ensuring each state has a republican form of government (i.e., representation, elections, division of powers, etc.)
• Protection from foreign invasion
• Protection from domestic violence (when requested by the legislature or executive of a particular state)

Article III of the U.S. Constitution - The Judicial Power

Article III of the United States Constitution creates and defines the judicial power of the national government.

Section 1
Article I of this article places the judicial power of the United States in "one Supreme Court."  It also gives Congress the authority to create additional federal courts whose jurisdiction is below the Supreme Court. This article allows judges to hold their offices during "good behavior" (commonly referred to as lifetime appointments) and authorizes compensation for judges, which cannot be reduced while they are in office.

Note:  Unlike Articles I & II, Article III does not establish any constitutional requirements for serving on the Supreme Court or on other federal courts.  No age, citizenship, or residency requirements are created for members of the judiciary.

Section 2
In this section, the jurisdiction of the Supreme Court is defined.  The jurisdiction extends to all cases "in law and equity" arising under the Constitution, laws subsequently passed under the Constitution, and treaties.  Specifically, their jurisdiction extends to:

• All cases affecting federal officials
• Maritime law
• Controversies in which the U.S. government is involved
• Disputes between two or more states

Note:  In the original text, the power of the court also extended to cases in which states were states were involved in disputes with the citizens of other states or with foreign citizens or governments.  This was changed by adoption of the 11th Amendment.

The original jurisdiction (the right of the Court to be the first to hear a case) of the Supreme Court is extended to cases involving federal officials or in cases in which a state is a party.  In all other cases, the Supreme Court has appellate jurisdiction (the right to review the decisions of lower courts).  However, Section 2 leaves open the ability of Congress to regulate the jurisdiction of the Court.

Section 2 guarantees the right to a trial by jury in criminal cases, and requires that criminal trials be held in the state they were committed.

Section 3

Section 3 defines "treason" and creates a specific criteria for convicting

an individual for treason.  Treason is defined as:

• Levying war against the U.S.
• Adhering to the enemies of the U.S.
• Giving the enemies of the U.S. "aid and comfort"

No person can be convicted of treason unless their are two witnesses to the "same overt act," or unless a confession is given in open court.  While Congress is given the authority to establish the punishment for treason, it cannot "work corruption of blood."

Note:  "Corruption of blood" commonly refers to a practice in which the relatives of the individual convicted are also punished by preventing any inheritance being passed on to the convict's family.

Article II - The Executive Branch

Article II of the U.S. Constitution creates the "executive power" of the United States and places that power in the President.

Section 1
This section establishes the term of office for a president as four years.  It also establishes the qualifications for any person seeking to become president.  They must:

• Be a "natural born citizen"
• Be at least 35 years old
• Have been a resident of the U.S. for at least 14 years

In addition, Section 1 also creates the mechanism of the Electoral College (although this term is not used in the actual text of the Constitution).  Each state is granted a number of "electors" equal to the number of senators and representatives that state has.  These electors are required to vote for two individuals, who are not from the same state, for president and vice-president.  These votes are transmitted to the president of the Senate, who will open them and make an official count and declare the winner of the election.  If no candidate has a majority of votes from the electoral college, the House of Representatives will convene to vote on who will become president.

Note:  Originally, the person receiving the second highest number of electoral votes would become the vice-president.  This system was changed by the 12th Amendment, which requires distinct votes for President and Vice President.  It is important to understand that the Electoral College system is a representative system.  Voters choose a smaller group who will then decide who will become president.  Because the votes are collected on a state-by-state basis, it is possible to have a president who wins the electoral vote, but who did not win the popular vote.  It is also important to realize that a "majority" (50% + 1) of the electoral vote is required, not simply a plurality (having more votes than any other candidate, but less than a majority of the total votes cast.

Section 1 grants Congress the ability to determine the date electors will cast their votes.  It also provides a process for succession of a president (however, this was modified by the 25th Amendment).  It requires that the president be compensated for their service, but prevents that compensation from being adjusted during the time a president has been elected to serve.  It also creates the Oath of Office for the president.

Section 2
Section 2 outlines the powers of the President.  In addition to being named Commander-in-Chief of the

military forces, the president is granted the ability to oversee the departments of the executive branch (requiring written reports from the "principal officers" of each department), and he is given the ability to grant pardons and reprieves for offenses against the United States (except in cases of impeachment).

Two powers that are granted to the president are shared with the Senate:

• The power to make treaties - While the president is given the power to "make treaties," all treaties must be approved by the Senate by a two-thirds vote.
• Nomination of federal officials - Ambassadors, judges, and cabinet secretaries (what the Constitution refers to as "principal officers of the executive branch") are nominated by the president.  However they must be confirmed by the Senate before assuming their positions.

Note:  The Constitution does not require that the Senate approve any nomination made by a president.  The requirement is that before a nominee can accept that position, they have to be approved by the Senate.  This has caused friction between various presidents and the Senate, especially when the a nominee is rejected, or when a president doesn't feel the Senate is moving quickly enough on presidential nominees (which is quite often).  But the Senate has no Constitutionally mandated time frame in which to consider nominees.  The president may make "recess" appointments - appoint officials to certain positions when Congress is not in session.  But these are supposed to be temporary appointments that expire at the end of the next legislative session.

Section 3

Article 1, Section 3 requires the president to provide information pertaining to the "state of the union" to Congress "from time to time," as well as to make policy recommendations.  It also grants the president the power to convene both houses of Congress, or either house.  It also allows the president to adjourn Congress if the House and Senate cannot agree on a date/time of adjournment.

Note:  This is where the "State of the Union Address" comes from.  However, there is no requirement that this be delivered annually, or even regularly.  Just "from time to time."    

This section also establishes the president as the head-of-state by granting them the right to "receive

Ambassadors and other public ministers."  It requires the president to ensure the laws of the United States are "faithfully executed," and assigns the president the responsibility for commissioning officers of the U.S.  

Section 4                                                                                                                  

Section 4 establishes the criteria for which a president can be removed from office:  treason, bribery, high crimes or misdemeanors.

The U.S. Constitution Article I

Article I of the U.S. Constitution is divided into ten sections of varying length.  This article establishes Congress, describes it, and identifies its powers.

Section 1
States that "all legislative powers" are granted to Congress, which is comprised of the House of Representatives and the Senate.

Section 2
Section 2 describes the the House of Representatives, the qualifications for election to that body, and

explains how representatives are apportioned to the states.  Members of the House (Representatives) are elected every 2 years, must be at least 25 years old, and are required to have been a citizen of the U.S. for at least seven years.  They must, at the time of their election, live in the state in which they were elected (but not the specific district).  Representatives are distributed (apportioned) to the states based on the population of each state - which is determined by the census.  Each state is guaranteed at least one member of the House of Representatives, regardless of population.

Note:  Members of the House generally represent a distinct geographical unit known as a Congressional District.  Once a state knows how many representatives it will have, the state is responsible for drawing these districts.  If there are changes, this process is generally referred to as "redistricting."

The House of Representatives is entitled to select its Speaker and other officers, and is given the "sole power of impeachment."

Note:  Impeachment is commonly misunderstood as the removing of a President from office.  It is not.  Impeachment is the bringing of formal charges against the President (or other federal officials) through a vote of the House.  Only a simple majority is required to achieve an impeachment.  Only two Presidents have ever been formally impeached by the House of Representatives:  Andrew Johnson and Bill Clinton.

Section 3
Section 3 describes the Senate, establishes the criteria for being a member of that body, and explains the selection process for Senators.  Each state has been allotted two senators, who are chosen every six years.

Note:  Unlike the House, only one-third of the Senate is elected every two years.  In addition, Members of the Senate were originally selected by the state legislatures.  State switched to popular elections of Senators after passage of the 17th Amendment.

Senators must be at least 30 years old, a citizen of the United States for at least nine years, and must, at the time of election, live in the state from which they are elected.

The Vice President of the United States is named as the President of the Senate.  However, the Vice President has no vote on legislation unless there is a tie.  The Senate is given authority to select a "President pro tempore" to serve when the Vice President is absent, and to select its other officers.

The Senate is given the "sole power" to try impeachment cases.  When the President of the U.S. is the subject of an impeachment trial, the Chief Justice of the Supreme Court is required to preside over the proceedings.  A vote for conviction must achieve two-thirds of the members present.

The punishment for conviction may not exceed removal of office and disqualification to hold any further office  under the United States.  However, an individual who has been convicted in an impeachment trial, is still subject to criminal prosecution.

Section 4
Section 4 grants state governments the authority to create the "times, places, and manner" of holding elections for Members of the House and Senate.  But Congress is granted the authority to alter these.

Section 5
Section 5 of the Article I grants each chamber the authority to:

• Certify the elections of its own members
• Determine its rules of proceedings
• Discipline its members (including the power to expel members)

 This section also requires both chambers to keep a journal of its proceedings and to publish that journal.  It prevents either chamber from adjourning for longer than three days without the consent of the other.  It also defines what constitutes a quorum for conducting business.

Section 6
Section 6 protects Members of Congress from arrest while in session, or while going or coming from

session.  It also protects them from "questioning" regarding their participation in a speech or debate in either chamber.

This section also authorizes the compensation of Members of Congress for their service.  In addition, it prohibits Members of Congress from simultaneously holding any other office under the U.S., or from accepting a newly created position, or one whose compensation was increased, during the time of their term.

Section 7
Section 7 of Article I outlines the process for a bill (proposed law) to become a law.  It must:

• Be passed by both the House and Senate
• Be signed by the President

If the president refuses to sign a bill passed by both the House and Senate, then they may override the president's veto by a two-thirds majority vote (each chamber must achieve a two-thirds majority).  If this is accomplished, the bill becomes law.  If a bill is not signed or vetoed by a president within ten days, it becomes law - unless Congress adjourns in that time span, then the bill does not become law.

This section also requires that all bill for "raising revenue" shall be initiated by the House of Representatives.

Section 8

Section 8 lists the "enumerated powers" (those powers specifically granted) of Congress.  The following is an abbreviated listing of those powers:

• To assess and collect taxes, duties imposts and excises (these must be uniform throughout the country)
• To provide for the common defense
• To provide for the general welfare of the nation
• To borrow money
• To regulate commerce with foreign nations, Indian Tribes, and among the states
• To create naturalization laws
• To create bankruptcy laws
• To coin money and regulate its value and to establish a "standard of weights & measures"
• To punish counterfeiting
• To establish post offices
• To authorize patents, copyrights, and trademarks
• To create federal courts (below the Supreme Court)\
• To define and punish piracy
• To declare war
• To raise armies and maintain a navy
• To make rules for the military
• To organize, arm, discipline, and utilize militias.
• To exercise exclusive authority over Washington, DC
• To make all laws "necessary and proper" for executing these powers (this is called the "Necessary & Proper" clause)

Section 9

Section 9 specifically bans certain powers from Congress.  Such unauthorized powers include:

• Suspending the writ of habeas corpus
• Authorizing bills of attainder or ex post facto laws
• Allowing states to tax one another's exported goods
• Spending money not appropriated by Congress 
• Issuing titles of nobility

Section 10

Section 10 specifically bans certain powers from being used by the state governments.  These include:

• Entering into treaties or alliances
• Coining money
• Passing Bills of attainder or ex post facto laws
• Failing to enforce contracts
• Granting titles of nobility
• Assess imposts or duties on imports or exports
• Engage in war (unless attacked)

International School Comparisons

Few are more critical of the current U.S. public school system than myself.  However, that criticism needs to be tempered with a measure of reality.

The problem with articles such as this one is that they are comparing apples to oranges.  When comparing school districts in the U.S. to those of the "best schools" internationally, we must account for the differences in who actually is allowed to receive an education.

In many of those countries with the "best schools", low performing students are weeded out before they ever reach high school.  In the U.S., as long as someone has an active heartbeat, they are allowed to attend school.  The more egalitarian approach the U.S. has towards education guarantees our averages on standardized tests will fall below those nations who refuse to allow low performing students in their doors.

Let's not be disingenuous in our criticism.  I may be a critic, but I'd like to believe I'm an honest one.

Government Spending and Poverty

This article from the National Center for Policy Analysis (NCPA) makes a point that often is missed in discussions of social welfare policy discussions.  It points out that although we have spent trillions now on various programs to assist the poor, their effect on the poverty rate is negligible at best.  Not only has the poverty rate remained consistent (between 12% - 15%) since the institution of President Lyndon Johnson's "Great Society" programs in the mid-1960s, over the last 20 years it has mirrored the jobless rate.

Think about this for a moment.  In his book, Issues in Economics Today, Robert Guell notes that the poverty gap (the amount of money it would take to bring every household under the poverty line above it) is $79 billion.  However, we spend $646 billion on various federal, state, and local programs.  In addition, Americans generously gave another $298 billion to charitable organizations.  So the total spending to alleviate poverty in the U.S. is between $646 billion and $944 billion (not all charitable donations go to assist the poor).

And yet, the poverty rate remains essentially unchanged.  Why is this?  And why do we spend over $650 billion to address what is a $79 billion problem?  Guell offers the following explanations:

• We deny those who are poor the opportunity to choose what they need because we don't trust them to make good decisions.  Says Guell, "Voters have made it clear they do not trust the judgment of the people who receive government benefits concerning what goods they buy.
• People are more concerned with the welfare of needy children, than with the welfare of adults.  Guell notes that almost all programs require a child to be in the household in order to receive benefits.
• Some benefits are designed more to make those providing them feel good about themselves than to actually benefit the recipients.
• We provide assistance to some families who are above the poverty line
• We have an inadequate definition of poverty.  The Heritage Foundation has conducted extensive research on poverty in the U.S. and has found:
• 43% of "poor households" own their own homes
• 80% of the poor have air conditioning
• 75% own their own car; and 31% own two or more cars
• Nearly 1 million "poor" families own homes worth more than $150,000
• The hundreds of thousands of people in the U.S. who have little income but are worth hundreds of thousands of dollars (in some cases worth millions) are considered "poor"

Another important reason I believe that the poverty rate remains relatively the same is because we have fundamentally altered the relationship between benefactor and recipient.  Usually, when you receive assistance from a friend or family member, you feel the urge to improve your circumstances so you don't have to ask again.  It's one way we show our gratitude for their generosity.  It's the mentality of, "I'm going to take your generosity and improve myself so I don't have to burden you again."

However, when the benefactor is a faceless bureaucracy that you are not concerned about continuously receiving assistance from (because it has an endless supply of money) that incentive to improve one's circumstances is reduced.  There's no relationship between giver and receiver, and hence no sense of obligation to stop asking for assistance.

Another important aspect that arises from this changed relationship is the notion of "entitlement."  Very few of us would ever assert we are entitled to a share of a family member or friend's income or wealth.  However, when it's the government doing the giving, it's easier to lay claim to some entitlement of income.  Those who receive these benefits don't develop a sense of gratitude towards the taxpayers who fund government programs, but rather a sense of entitlement to the continued support develops.

So not only does the current system have efficiency problems as noted by Guell, it also has a conceptual problem created by changing the relationship between those that provide the assistance and those who receive it.  Both sets of issues must be addressed if we want to see a significant reduction in poverty.

Comparative Economics - Chapter 1

This is the first week of classes at the University of Central Oklahoma (UCO).  I have the honor of teaching three courses during this semester:  Comparative Economics, Social Issues in Economics, and International Business Communications.

In my comparative economics class we're covering chapter 1 of our text, Comparative Economics in a Transforming World Economy. 

Here are some of the highlights of our discussion:

• Was Francis Fukuyama's bold prediction that the end of the Cold War meant the end of any real challenge to the American model of political economy as well as any meaningful competition between alternative forms of political and economic systems correct?
• There are six "frameworks" that can be used to effectively classify economies:
• Allocation Mechanisms:  Traditional, Market, or Command
• Forms of Ownership:  This concerns who owns the means of production - the state; private individuals and firms, or organized religious groups
• The Role of Planning:  Planned or Market (their does exist some combinations of the two)
• Types of Incentives:  Material or Moral
• Income Redistribution:  Ludwig Von Mises vs. John Rawls
• Politics & Ideology:  Does Redistribution lead to some form of command socialist dictatorship? Are market capitalism & democracy inexorably linked?

•  Here are 9 Criteria for evaluating Economies:
• Level of Output
• Growth Rate of Output
• Composition of Output
• Static Efficiency
• Dynamic Efficiency
• Macroeconomic Stability
• Economic security of the individual
• Degree of equality of income and wealth distribution
• Degree of freedom of the individual

Obviously, some of these criteria can be seen as conflicting with others (the higher the degree of individual freedom, the less income/wealth equality tend to be, for example).

An interesting question that arises from this chapter relates to the author's presumption that the democratic process is, by definition, anti-dictatorial.  Is it true that democracy is a guarantee against dictatorship? 

Also, how central to rational market calculation is the profit motive? 

I'm looking forward to our discussion this evening.