Monday, March 21, 2016

Don't Vote!



Article II Section 1 of the Constitution of the United States of America states the following:


“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 chose 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 chose 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. 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 choose from them by Ballot the Vice President.”


So each state’s legislature decides how to go about appointing “Electors”.  The number of “Electors” is equal to that states total number of Representatives (Congressmen) plus their two Senators. For an example, KY has 6 representatives and 2 senators so we would have 8 “Electors”. Only 8 people from KY would vote on the President and vice President.  At no point in the Constitution or Amendments does it allow for the selection of the President by a popular vote of all US Citizens. In each state you get to vote for your state legislature and then they decide how to pick Electors who will then have the responsibility to vote for the president. Your state could decide to allow its citizens to vote for Electors or it could do it by lottery if it wanted but they would be the only ones voting for the president. The “popular vote” of the people has no meaning and no Constitutional founding. If your state wanted to hold a vote so that your Electors could get an idea of how its citizens felt then they could but the Electors have no obligation to listen to it.

Saturday, January 16, 2016

Supreme Court Violates Constituion

For my first post I will use something I wrote over the summer of 2015 when the Supreme Court miss used the Constitution to allow them to violate the Constitution and the right of the States in regards to same-sex marriage. 


Despite yours or my personal opinions on gay marriage, the decision of the Supreme Court is a direct violation of the Constitution of the United States of America. 

According to Article 3 of the Constitution on the Supreme Court "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". The Supreme Court ruled that “the denial of marriage licenses to same-sex couples violated the equal protection clause of the Fourteenth Amendment”.
The 14th Amendment, Section 1 reads “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.”
Some states have passed laws that say marriage is only between a man and a woman and will only issue marriage certificates to them, as long as that is applied equally to all the persons in that state it is not a violation of the 14th amendment (saying those 2 women can get married and those 2 men can’t, would be an example of a violation). Since there is no law under the Constitution defining marriage or the conditions in which certificates can be awarded, then the 10 Amendment applies “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”.
So unless both the Senate and House of Representatives each, with a majority vote, decide to pass a law and amend the constitution to define marriage or marriage laws then the states are well with in their Constitutional rights to make a law regarding marriage (for or against same sex) and as long as that law is applied equally in all cases in that state then there is no Constitutional violation.
The Supreme Courts decision means that states do not have the right to make laws governing marriage which is a violation of the 10th Amendment and there for a violation of the Constitution of United States of America.
Regardless of your personal feelings on the issue every citizen should stand up for the Constitution and against Federal Government infringing on State’s Rights.
If you support gay marriage then start a movement to have it legalized in your state. If they vote on it and it fails then, as a democracy, respect the decision of the majority or move to another state. Same goes for those who are against it. If you really feel it should be federal mandated then petition your Senators and Representatives to have a vote for it to be added as a law to the Constitution. That is the way the Democratic Government is supposed to work.