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Saturday, September 24, 2011

Can Arkansas's Legislators Stop Obamacare in Arkansas?

Obamacare May Have a Fatal Flaw
Curtis Coleman, Contributing Author:  In a curious and perhaps fortuitous alignment of events for the almost 75% of Arkansans who are opposed to Obamacare, Arkansas’s legislators may have an opportunity to shut down Obamacare in the State.

EVENT ONE
The first half of the equation comes from the Cato institute in Washington, D.C. In his podcast, “ObamaCare Glitch Could Unravel Law,” The Institute’s Michael Cannon discloses his discovery in the Patient Protection and Affordable Care Act (PPACA) that allows a critical part of the Act to function only through state-run health-care exchanges.

Cannon also wrote about the glitch:

Investors Business Daily reports on the latest glitch found in ObamaCare‘s 2,000-plus pages:
Because of a quirk in ObamaCare, people who buy health insurance through a federally run exchange may not be eligible for premium subsidies.

Government-created exchanges are places for individuals to shop and purchase health insurance. ObamaCare will require individuals and families to buy insurance, starting in 2014.
Those with incomes at 100% to 400% of the federal poverty level will be eligible for taxpayer funded subsidies — a tax credit to help pay for the premium. It turns out that the legislation isn't so clear, the latest example of what analysts predicted would be a stream of surprises from the mammoth health law.
Section 1311 of ObamaCare instructs state governments to set up an exchange. If a state refuses, Section 1321 lets the federal government establish an exchange in the state.
Yet ObamaCare states that the tax credit is available to people who are enrolled in an “an exchange established by the state under (Section) 1311.” It makes no mention of people enrolled in federal exchanges being eligible for the tax credit.
“There is this technical problem in the law,” said James Blumstein, a professor at Vanderbilt Law School. “I don’t see how you get around that.”

I guess the folks who chanted, “Read the bill!” seem a little less crazy now.

Regrettably, the IRS has tried to “get around” the clear meaning of the law. In a proposed rule, the IRS writes that taxpayers will be eligible for ObamaCare’s “tax credits” — which are more government spending than – if they are enrolled in a health plan “established under section 1311 or 1321” [emphasis added]. But that’s not what the law says.

As I told IBD:"Congress did not delegate this discretion to the IRS,” Cannon said. “Congress created a tax credit for A, and the IRS is saying it applies to A and B. If the IRS offers this tax credit to federally run exchanges, the IRS will be assuming powers the Constitution vests only in Congress to alter the tax code and spend money.”

Citizens have until October 31 to share with the IRS their thoughts about the agency’s overly broad interpretation of its powers (see here).

More broadly, this bug feature means that states can block ObamaCare’s new entitlement spending, and possibly the entire law, just by refusing to create an Exchange:
“The whole structure of the law collapses without a state-run exchange,” said Michael Cannon, director of health policy studies at the libertarian Cato Institute. “That forces Congress to either repeal ObamaCare or significantly alter it.”

Yesterday, Rep. Michael Burgess (R-Texas) helpfully suggested that the so-called “Super Committee” should meet its target of $1.5 trillion in spending reductions by cutting ObamaCare’s new entitlement spending:
The Select Committee is getting to work, and I encourage both parties, all 12 members, to put the Affordable Care Act on the table, alongside other entitlements in need of reform…The easiest money to save is money you haven’t yet spent…This new select committee could easily achieve almost their entire target of reducing the nation’s deficit, and…almost every dollar would come from benefits that do not yet exist.

The wonderful thing about this newly discovered feature of ObamaCare is that states don’t have to wait for Congress to act. They can reduce federal spending simply by not creating a health insurance Exchange.
EVENT TWO
The second half of the equation is furnished by Arkansas Gov. Mike Beebe. The Governor is reported to have said that “he’ll require a show of support from legislators before allowing the state to apply for a second round of exchange-planning grants from the federal government.” (Let it be noted, dear reader, that a grant from the federal government is not, as some Arkansas bureaucrats would have you believe, “free money.” A “federal grant” is your tax money, dramatically shriveled by its trip through Washington.)

Arkansas Insurance Department commissioner Jay Bradford has reportedly said that “not applying for a second-round of will trigger the federal exchange because ‘we will have quit planning.’” If Arkansas’s legislators refuse to support the implementation of state-run Obamacare exchanges, Arkansas may have the unexpected opportunity to do exactly what Michael Cannon proposes – “force Congress to either repeal ObamaCare or significantly alter it.”

Arkansas State Representative Jon Hubbard (R-Jonesboro) sent an email to Republican members of the Arkansas House this week urging them to continue to oppose Obamacare’s implementation in the State:

 I think that we as a Republican Caucus, both House and Senate Members, need to send the message LOUD & CLEAR to Governor Beebe and Insurance Commissioner Bradford, that the people of Arkansas DO NOT want Obama care imposed upon them against their will!!! According to Commissioner Bradford’s request to a group of Republican Legislators last week, if we as a Legislative group do not send a letter to the Governor before the September 30th deadline encouraging him to apply for the Level 2 grant to implement this unconstitutional mandate upon the people of this state, he will “bail”. What better opportunity could we wish for to derail this fiasco!!! Beebe’s and Bradford’s scare tactic has always been that “if we do not implement our own form of Obama care at the state level, then the Federal Government will step in and implement their version of this plan.” If we haven’t yet figured out how this Obama regime operates, understand that the Federal Government IS going to “step in” and implement their own plan, REGARDLESS of whether a state has implemented their version or not, plain and simple!!!

This is our chance to show the people of Arkansas that the Republican legislators of this state have the backbone to not only “STAND UP” to, but to “STOP” this Obama regime’s reckless and unconstitutional mandate toward socialism. If we fail to act against this regime and it’s State level emissaries in the destruction of America, the people of Arkansas will not forget, and they will express their anger at the ballot box!


I propose that we draft a statement to this effect, and everyone sign on as a statement of solidarity and strength, and send it to Governor Beebe and Commissioner Bradford. We cannot allow these two representatives of the Obama regime embedded within our own State Government to cram this abomination down the throats of our people!
If Arkansas’s legislators continue to stand with the majority of Arkansans in rejecting Obamacare and its exchanges, and if Michael Cannon of the Cato Institute is right in his assessment of the Act, and if Gov. Beebe stands by his reported statement to not pursue additional federal taxpayer-money grants, then Arkansas might just have the perfect opportunity to stop Obamacare in Arkansas – or at least dramatically reduce federal spending for this unconstitutional and unaffordable new federal overreach.
---------------
Curtis Coleman is the President of The Curtis Coleman Institute for Constitutional Policy and contributing author to the ARRA News Service.

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Sunday, September 18, 2011

THIS DAY IN HISTORY-CAPITOL CORNERSTON IS LAID-SEPTEMBER 18, 1793


Capitol cornerstone is laid
 Sep 18, 1793:

On this day in 1793, George Washington lays the cornerstone to the United States Capitol building, the home of the legislative branch of American government. The building would take nearly a century to complete, as architects came and went, the British set fire to it and it was called into use during the Civil War. Today, the Capitol building, with its famous cast-iron dome and important collection of American art, is part of the Capitol Complex, which includes six Congressional office buildings and three Library of Congress buildings, all developed in the 19th and 20th centuries.

As a young nation, the United States had no permanent capital, and Congress met in eight different cities, including Baltimore, New York and Philadelphia, before 1791. In 1790, Congress passed the Residence Act, which gave President Washington the power to select a permanent home for the federal government. The following year, he chose what would become the District of Columbia from land provided by Maryland. Washington picked three commissioners to oversee the capital city's development and they in turn chose French engineer Pierre Charles L'Enfant to come up with the design. However, L'Enfant clashed with the commissioners and was fired in 1792. A design competition was then held, with a Scotsman named William Thornton submitting the winning entry for the Capitol building. In September 1793, Washington laid the Capitol's cornerstone and the lengthy construction process, which would involve a line of project managers and architects, got under way.

In 1800, Congress moved into the Capitol's north wing. In 1807, the House of Representatives moved into the building's south wing, which was finished in 1811. During the War of 1812, the British invaded Washington, D.C., and set fire to the Capitol on August 24, 1814. A rainstorm saved the building from total destruction. Congress met in nearby temporary quarters from 1815 to 1819. In the early 1850s, work began to expand the Capitol to accommodate the growing number of Congressmen.

In 1861, construction was temporarily halted while the Capitol was used by Union troops as a hospital and barracks. Following the war, expansions and modern upgrades to the building continued into the next century.

Today, the Capitol, which is visited by 3 million to 5 million people each year, has 540 rooms and covers a ground area of about four acres.
Source: History.com

My Response To Buffett And Obama-by Ex-CEO of American Express Harvey Golub

 My Response To Buffett And Obama

"Before you ask for more tax money from me, raise the $2.2 trillion you already collect each year more fairly and spend it more wisely."


By HARVEY GOLUB

Over the years, I have paid a significant portion of my income to the various federal, state and local jurisdictions in which I have lived, and I deeply resent that President Obama has decided that I don't need all the money I've not paid in taxes over the years, or that I should leave less for my children and grandchildren and give more to him to spend as he thinks fit. I also resent that Warren Buffett and others who have created massive wealth for themselves think I'm "coddled" because they believe they should pay more in taxes. I certainly don't feel "coddled" because these various governments have not imposed a higher income tax. After all, I did earn it.

Now that I'm 72 years old, I can look forward to paying a significant portion of my accumulated wealth in estate taxes to the federal government and, depending on the state I live in at the time, to that state government as well. Of my current income this year, I expect to pay 80%-90% in federal income taxes, state income taxes, Social Security and Medicare taxes, and federal and state estate taxes. Isn't that enough?

Others could pay higher taxes if they choose. They could voluntarily write a check or they could advocate that their gifts to foundations should be made with after-tax dollars and not be deductible. They could also pay higher taxes if they were not allowed to set up foundations to avoid capital gains and estate taxes.

Warren Buffett courtesy of
Bloomberg News
 


What gets me most upset is two other things about this argument: the unfair way taxes are collected, and the violation of the implicit social contract between me and my government that my taxes will be spent—effectively and efficiently—on purposes that support the general needs of the country. Before you call me greedy, make sure you operate fairly on both fronts.

Today, top earners—the 250,000 people who earn $1 million or more—pay 20% of all income taxes, and the 3% who earn more than $200,000 pay almost half. Almost half of all filers pay no income taxes at all. Clearly they earn less and should pay less. But they should pay something and have a stake in our government spending their money too.

In addition, the extraordinarily complex tax code is replete with favors to various interest groups and industries, favors granted by politicians seeking to retain power. Mortgage interest deductions support the private housing industry at the expense of renters. Generous fringe benefits are not taxed at all, in order to support union and government workers at the expense of people who buy their own insurance with after-tax dollars. Gifts to charities are deductible but gifts to grandchildren are not. That's just a short list, and all of it is unfair.

Governments have an obligation to spend our tax money on programs that work. They fail at this fundamental task. Do we really need dozens of retraining programs with no measure of performance or results? Do we really need to spend money on solar panels, windmills and battery-operated cars when we have ample energy supplies in this country? Do we really need all the regulations that put an estimated $2 trillion burden on our economy by raising the price of things we buy? Do we really need subsidies for domestic sugar farmers and ethanol producers?

Why do we require that public projects pay above-market labor costs? Why do we spend billions on trains that no one will ride? Why do we keep post offices open in places no one lives? Why do we subsidize small airports in communities close to larger ones? Why do we pay government workers above-market rates and outlandish benefits? Do we really need an energy department or an education department at all?

Here's my message: Before you "ask" for more tax money from me and others, raise the $2.2 trillion you already collect each year more fairly and spend it more wisely. Then you'll need less of my money.

Mr. Golub, a former chairman and CEO of American Express, currently serves on the executive committee of the American Enterprise Institute.
Source: Wall Street Journal

Saturday, September 17, 2011

Obama's aunt says US obligated to help her-interview 9/20/2010

(Video Date: September 20, 2010)

President Barack Obama’s aunt, who lived for years illegally in South Boston, says in her first interview since being granted asylum that the United States has an “obligation” to grant her citizenship.

Zeituni Onyango tells WBZ-TV that she came to the U.S. from Kenya in 2000 but couldn’t afford to leave when she was originally denied asylum in 2004. She says she fell critically ill and was hospitalized. When she was discharged, she lived in a homeless shelter for two years before being assigned public housing.

She says she never asked for public assistance.

She also says President Obama, whom she referred to as “my child,” never intervened in her immigration case.

Onyango still lives in public housing and collects $700 monthly disability.

Interview Parts 1 and 2:

Video & Text Credit: WBZ-TV http://www.wbztv.com
Video Date: September 20, 2010

September 21, 2010
President Barack Obama's aunt, who lived for years illegally in South Boston, says in her first interview since being granted asylum that the United States has an "obligation" to grant her citizenship.

Zeituni Onyango tells WBZ-TV that she came to the U.S. from Kenya in 2000 but couldn't afford to leave when she was originally denied asylum in 2004. She says she fell critically ill and was hospitalized. When she was discharged, she lived in a homeless shelter for two years before being assigned public housing.

She says she never asked for public assistance.

She also says President Obama, whom she referred to as "my child," never intervened in her immigration case.

Onyango still lives in public housing and collects $700 monthly disability.

August 17, 2010

As the debate rages about illegal immigration, the suspicion that a well-connected immigrant may get special treatment dogs the president.

President Obama's aunt, Zeituni Onyango, has been living in Boston public housing for years despite being turned down for asylum twice during the decade she's been in the U.S. illegally.

We are now learning that the immigration judge who finally gave her asylum earlier this year did so because of what he called the reckless release of information about her by an anonymous Bush administration official.

The judge, a republican appointee, says that violated Onyango's privacy and made her a target in her homeland of Kenya.

So, she gets to stay to get a green card and a Boston public housing apartment.

The White House insists the president had nothing to do with any of it.

Onyango is the half-sister of Obama's late father who died in a car crash in 1982.

The president met Onyango during a trip to Kenya in 1988 and included her in his 1995 memoir, "Dreams from My Father.''

ON THIS DAY IN HISTORY-Our Founders Signed The Constitution of the United States

 On Saturday, we celebrate the Constitution, a document that enshrines our nation’s first principles: free enterprise, individual freedom, personal responsibility and limited government.


Eleven years after the Declaration of Independence announced the birth of the United States, the survival of the young country seemed in doubt. The War for Independence had been won, but economic depression, social unrest, interstate rivalries, and foreign intrigue appeared to be unraveling the fragile confederation. In early 1787, Congress called for a special convention of all the states to revise the Articles of Confederation. On September 17, 1787, after four months of secret meetings, the delegates to the Constitutional Convention emerged from their Philadelphia meetingroom with an entirely new plan of government–the U.S. Constitution–that they hoped would ensure the survival of the experiment they had launched in 1776.

They proposed a strong central government made up of three branches: legislative, executive, and judicial; each would be perpetually restrained by a sophisticated set of checks and balances. They reached compromises on the issue of slavery that left its final resolution to future generations. As for ratification, they devised a procedure that maximized the odds: the Constitution would be enacted when it was ratified by nine, not thirteen, states. The Framers knew they had not created a perfect plan, but it could be revised. The Constitution has been amended twenty-seven times and stands today as the longest-lasting written constitution in the world.

On September 17, 1787, two days after the final vote, the delegates signed the engrossed parchment shown in the Rotunda's centerpiece case.


The Founding Fathers
Delegates to the Constitutional Convention
On February 21, 1787, the Continental Congress resolved that:
...it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philladelphia for the sole and express purpose of revising the Articles of Confederation...
The original states, except Rhode Island, collectively appointed 70 individuals to the Constitutional Convention, but a number did not accept or could not attend. Those who did not attend included Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams, Samuel Adams and, John Hancock.

In all, 55 delegates attended the Constitutional Convention sessions, but only 39 actually signed the Constitution. The delegates ranged in age from Jonathan Dayton, aged 26, to Benjamin Franklin, aged 81, who was so infirm that he had to be carried to sessions in a sedan chair.

Biographical Index of America's Founding Fathers
For brief biographies of each of the Founding Fathers who were delegates to the Constitutional Convention, select the names or the states below.
* indicates delegates who did not sign the Constitution
Connecticut
William. Samuel Johnson
Roger Sherman
Oliver Ellsworth (Elsworth)*
Delaware
George Read
Gunning Bedford, Jr.
John Dickinson
Richard Bassett
Jacob Broom
Georgia
William Few
Abraham Baldwin
William Houston*
William L. Pierce*
Maryland
James McHenry
Daniel of St. Thomas Jenifer
Daniel Carroll
Luther Martin*
John F. Mercer*
Massachusetts
Nathaniel Gorham
Rufus King
Elbridge Gerry*
Caleb Strong*
New Hampshire
John Langdon
Nicholas Gilman
New Jersey
William Livingston
David Brearly (Brearley)
William Paterson (Patterson)
Jonathan Dayton
William C. Houston*
New York
Alexander Hamilton
John Lansing, Jr.*
Robert Yates*
North Carolina
William. Blount
Richard. Dobbs Spaight
Hugh Williamson
William R. Davie*
Alexander Martin*
Pennsylvania
Benjamin Franklin
Thomas Mifflin
Robert Morris
George Clymer
Thomas Fitzsimons (FitzSimons; Fitzsimmons)
Jared Ingersoll
James Wilson
Gouverneur Morris
South Carolina
John Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Rhode Island
Rhode Island did not send any delegates to the Constitutional Convention.
Virginia
John Blair
James Madison Jr.
George Washington
George Mason*
James McClurg*
Edmund J. Randolph*
George Wythe*


The Founding Fathers: A Brief Overview
The 55 delegates who attended the Constitutional Convention were a distinguished body of men who represented a cross section of 18th-century American leadership. Almost all of them were well-educated men of means who were dominant in their communities and states, and many were also prominent in national affairs. Virtually every one had taken part in the Revolution; at least 29 had served in the Continental forces, most of them in positions of command.

Political Experience
The group, as a whole, had extensive political experience. At the time of the convention, four-fifths, or 41 individuals, were or had been members of the Continental Congress. Mifflin and Gorham had served as president of the body. The only ones who lacked congressional experience were Bassett, Blair, Brearly, Broom, Davie, Dayton, Alexander Martin, Luther Martin, Mason, McClurg, Paterson, Charles Cotesworth Pinckney, Strong, and Yates. Eight men (Clymer, Franklin, Gerry, Robert Morris, Read, Sherman, Wilson, and Wythe) had signed the Declaration of Independence. Six (Carroll, Dickinson, Gerry, Gouverneur Morris, Robert Morris, and Sherman) had affixed their signatures to the Articles of Confederation. But only two, Sherman and Robert Morris, underwrote all three of the nation's basic documents. Practically all of the 55 delegates had experience in colonial and state government. Dickinson, Franklin, Langdon, Livingston, Alexander Martin, Randolph, Read, and Rutledge had been governors, and the majority had held county and local offices.

Occupations
The delegates practiced a wide range of occupations, and many men pursued more than one career simultaneously. Thirty-five were lawyers or had benefited from legal training, though not all of them relied on the profession for a livelihood. Some had also become judges.

At the time of the convention, 13 individuals were businessmen, merchants, or shippers: Blount, Broom, Clymer, Dayton, Fitzsimons, Gerry, Gilman, Gorham, Langdon, Robert Morris, Pierce, Sherman, and Wilson. Six were major land speculators: Blount, Dayton, Fitzsimons, Gorham, Robert Morris, and Wilson. Eleven speculated in securities on a large scale: Bedford, Blair, Clymer, Dayton, Fitzsimons, Franklin, King, Langdon, Robert Morris, Charles Cotesworth Pinckney, and Sherman. Twelve owned or managed slave-operated plantations or large farms: Bassett, Blair, Blount, Butler, Carroll, Jenifer, Mason, Charles Pinckney, Charles Cotesworth Pinckney, Rutledge, Spaight, and Washington. Madison also owned slaves. Broom and Few were small farmers.

Nine of the men received a substantial part of their income from public office: Baldwin, Blair, Brearly, Gilman, Jenifer, Livingston, Madison, and Rutledge. Three had retired from active economic endeavors: Franklin, McHenry, and Mifflin. Franklin and Williamson were scientists, in addition to their other activities. McClurg, McHenry, and Williamson were physicians, and Johnson was a university president. Baldwin had been a minister, and Williamson, Madison, Ellsworth, and possibly others had studied theology but had never been ordained.

A few of the delegates were wealthy. Washington and Robert Morris ranked among the nation's most prosperous men. Carroll, Houston, Jenifer, and Mifflin were also extremely well-to-do. Most of the others had financial resources that ranged from good to excellent. Among those with the most straitened circumstances were Baldwin, Brearly, Broom, Few, Madison, Paterson, and Sherman, though they all managed to live comfortably.

A considerable number of the men were born into leading families: Blair, Butler, Carroll, Houston, Ingersoll, Jenifer, Johnson, Livingston, Mifflin, Gouverneur Morris, both Pinckneys, Randolph, Rutledge, Washington, and Wythe. Others were self-made men w ho had risen from humble beginnings: Few, Franklin, Gorham, Hamilton, and Sherman.

Geographic and Educational Background
Most of the delegates were natives of the 13 colonies. Only eight were born elsewhere: four (Butler, Fitzsimons, McHenry, and Paterson) in Ireland, two (Davie and Robert Morris) in England, one (Wilson) in Scotland, and one (Hamilton) in the West Indies. Reflecting the mobility that has always characterized American life, many of them had moved from one state to another. Sixteen individuals had already lived or worked in more than one state or colony: Baldwin, Bassett, Bedford, Dickinson, Few, Franklin, Ingersoll, Livingston, Alexander Martin, Luther Martin, Mercer, Gouverneur Morris, Robert Morris, Read, Sherman, and Williamson. Several others had studied or traveled abroad.

The educational background of the Founding Fathers was diverse. Some, like Franklin, were largely self-taught and had received scant formal training. Others had obtained instruction from private tutors or at academies. About half of the individuals had at tended or graduated from college in the British North American colonies or abroad. Some men held advanced and honorary degrees. For the most part, the delegates were a well-educated group.

Longevity and Family Life
For their era, the delegates to the convention (like the signers of the Declaration of Independence) were remarkably long-lived. Their average age at death was almost 67. Johnson reached the age of 92, and Few, Franklin, Madison, Williamson, and Wythe lived into their eighties. Fifteen or sixteen (depending on Fitzsimmon's exact age) passed away in their eighth decade, and 20 or 21 in their sixties. Eight lived into their fifties; five lived only into their forties, and two of them (Hamilton and Spa ight) were killed in duels. The first to die was Houston in 1788; the last, Madison in 1836.

Most of the delegates married and raised children. Sherman fathered the largest family, 15 children by 2 wives. At least nine (Bassett, Brearly, Johnson, Mason, Paterson, Charles Cotesworth, Pinckney, Sherman, Wilson, and Wythe) married more than once. F our (Baldwin, Gilman, Jenifer, and Alexander Martin) were lifelong bachelors. In terms of religious affiliation, the men mirrored the overwhelmingly Protestant character of American religious life at the time and were members of various denominations. Onl y two, Carroll and Fitzsimons, were Roman Catholics.

Post-Convention Careers
The delegates subsequent careers reflected their abilities as well as the vagaries of fate. Most were successful, although seven (Fitzsimons, Gorham, Luther Martin, Mifflin, Robert Morris, Pierce, and Wilson) suffered serious financial reverses that left them in or near bankruptcy. Two, Blount and Dayton, were involved in possi bly treasonous activities. Yet, as they had done before the convention, most of the group continued to render outstanding public service, particularly to the new government they had helped to create.

Washington and Madison became President of the United States, and King and Charles Cotesworth Pinckney were nominated as candidates for the office. Gerry served as Madison's Vice President. Hamilton, McHenry, Madison, and Randolph attained Cabinet posts. Nineteen men became U.S. senators: Baldwin, Bassett, Blount, Butler, Dayton, Ellsworth, Few, Gilman, Johnson, King, Langdon, Alexander Martin, Gouverneur Morris, Robert Morris, Paterson, Charles Pinckney, Read, Sherman, and Strong. Thirteen served in the House of Representatives: Baldwin, Carroll, Clymer, Dayton, Fitzsimons, Gerry, Gilman, Madison, Mercer, Charles Pinckney, Sherman, Spaight, and Williamson.

Of these, Dayton served as Speaker. Four men (Bassett, Bedford, Brearly, and Few) served as federal judges, four more (Blair, Paterson, Rutledge, and Wilson) as Associate Justices of the Supreme Court.

Rutledge and Ellsworth also held the position of Chief Justice. Seven others (Davie, Ellsworth, Gerry, King, Gouverneur Morris, Charles Pinckney, and Charles Cotesworth Pinckney) were named to diplomatic missions for the nation.

Many delegates held important state positions, including governor (Blount, Davie, Franklin, Gerry, Langdon, Livingston, Alexander Martin, Mifflin, Paterson, Charles Pinckney, Spaight, and Strong) and legislator. And most of the delegates contributed in m any ways to the cultural life of their cities, communities, and states. Not surprisingly, many of their sons and other descendants were to occupy high positions in American political and intellectual life.

The Scene at the Signing of the Constitution, oil painting (reproduction) 
by Howard Chandler Christy, 1940



In drafting the Constitution, the delegates consulted the wisdom of the ages, sifting through the contemporary political tracts of their own day, as well as the histories of ancient civilizations. They understood power to be corrupting and humans to be subject to their worst instincts.

The debates inside the meeting room were heated and contentious. The delegates examined every phrase of the constitution through the prism of the conflicting interests they represented: large states and small states, states with commercially based economies versus states with slave-based agricultural economies. History, political theory, their own interests, and devotion to the American experiment, all informed their thinking, as they hammered out a practical scheme of government.

Courtesy of the Architect of the Capitol, Washington, DC

The Constitution of the United States: 
A Transcription
Note: The following text is a transcription of the Constitution in its original form.
Items that are hyperlinked have since been amended or superseded
.


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 Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

G°. Washington
Presidt and deputy from Virginia
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris

For biographies of the non-signing delegates to the Constitutional Convention,
see the Founding Fathers page.

Here's how you can celebrate:

In Washington, D.C., The Heritage Foundation continues to preserve the Constitution with this a series of events (link in PDF) including a lecture by legal scholar John Yoo and a panel discussion on Reagan on the Constitution).

There are many Constitution Day festivals around the country. Americans for Prosperity is likely hosting one near you. In addition, We Read the Constitution has a list of Constitution parties in 16 states. Add your state to the list and sign up to host your own party. And if you’re near Fredericksburg, VA, stop by to see Heritage’s Hans von Spakovsky and Robert Gordon at the Constitution Day Jubilee.

There are also some great online resources for education activities for your family or school. Many of them, such as the National Constitution Center and the Bill of Rights Institute, produce teachers’ lessons that help bring the Constitution into the classroom. Teaching American History has the most comprehensive and user-friendly resource on the Constitutional Convention debates available on the Web.

Heritage has several excellent lectures on the importance of the Constitution over the past several years: For instance, Harvard scholar Harvey Mansfield argues that the future of conservatism rests on its ability to defend the Constitution, and Judge Janice Rogers Brown calls on the current generation to reinvigorate the American regime of liberty by returning to first principles.

Lastly, don’t forget to crack open your Heritage Guide to the Constitution, which provides a clause-by-clause analysis of the entire Constitution from top legal minds. Don't have one? Order your copy today!





RELATED LINKS: NATIONAL CONSTITUTION CENTER