I would like to step away from writing about the constitution for a minute and talk about the Cap and Trade bill. It was recently slammed through congress by a very narrow margin under the guise of the salvation of our Earth. I’ve just finished printing the bill to PDF and will be writing about it for the next few days. Please come back to see more.
“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.) (Section in parentheses clarified by the 16th Amendment.)
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.”
Interestingly enough this section is called the limits on congress. The congress was setup as the true representative body of the people of the United States. The idea was that with regular elections and proximity of relationship, members in congress would be subject to the wishes of the people. As such; however, the people and the congress need limits. It is clear today that the congress has decided to pursue its own course. Why does congress believe that their agenda is better than that desired by the silent majority.
So let’s break down some of the language defined in this article. First and foremost is the mentioning of habeas corpus. Habeas corpus is the right of individual to a trial. To not just be locked up forever. Also interestingly enough it may be suspended under the constitution if there is a concern for public safety or the concern over rebellion. We currently face the question with the prisoners at Guantanamo, as to whether or not they deserve the right to appear before a judge. The argument may be made that as we are in a time of war, and they are considered the adversary, they do not deserve to receive time before a judge. As a counter argument, you may consider that many of these individuals were picked up haphazardly in the early days of the war in Afghanistan, when it was truly unclear who was an enemy and who was not. I personally believe that these individuals should not be brought into the United States to appear before our justice system, but rather they should be subject to a military trial in accordance with the Geneva Convention.
The next set of limitations primarily focus on interstate commerce. There was a lot of concern during the formation of the constitution that state’s rights be preserved. However, the members of the constitutional convention also recognized the need to have unity among the states. By requiring states to engage in commerce freely between each other, this forced them to also remember to stay united. Obviously the states faced serious challenges in the 1800’s at staying united, and I believe that there will continue to be challenges. One particular challenge is the concern that some of the more fiscally conservative states face when looking at their more liberal counterparts. For example, California is suffering from significant budget short-falls, and has pleaded for federal assistance. However, when carefully considered, federal assistance is truly assistance from other states, who have been more careful with the tax dollars received and spent. I believe that Californians must accept the hard reality that is inadequate funds. Our nation must also recognize that money doesn’t grow on trees and if we are not careful we will soon find ourselves in a place we never wanted to be.
I will continue this discussion in the next post.