Here is a quote that I reread today, and wanted to share from President Spencer W. Kimball:
"To be a righteous woman is a glorious thing in any age. To be a righteous woman during the winding up scenes on this earth, before the second coming of our Savior is an especially noble calling. The righteous woman's strength and influence today can be tenfold what it might be in more tranquil times. Other institutions in society may falter and even fall, but the righteous woman can help save the home which may be the last and only sanctuary some mortals know in the midst of storm and strife."
Friday, August 6, 2010
Structure of the Legislative Branch
Last time we met we talked about the structure of the legislative branch as outlined in the first six sections of the Constitution. There is an awful lot of information in that small part. I didn't realize how much there was until I started going through it and figuring out what to present. I'll just go through some of the things that we talked about. Thomas Jefferson believed that federal laws should be few in number and that they should be written in simple, non-technical language. He said, "A noiseless course, not meddling with the affairs of others, unattractive of notice, is a mark that society is going on in happiness." He also stated that "Laws are made for men of ordinary understanding, and should therefore be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which make anything mean everything or nothing, at pleasure." We have certainly moved away from those principles.
Section one explains that ALL legislative powers are vested in the congress. Unfortunately, we have moved away from that as well. The executive branch and the judicial branch throughout our history have taken legislative authority upon themselves. One example in the executive branch is executive orders. Initially, presidents would issue executive orders to their departments or cabinets as a way to organize their administration. Eventually however, executive orders began to affect the general public. The number of executive orders has also increased with time. Prior to President Grant (1868), no president issued more than 80 executive orders. FDR issued more than 3500. They claim that these powers are implied in the Constitution. The judicial branch has also contributed to legislation through judicial activism where judicial rulings are suspected of being based on personal or political considerations rather than on existing law. One example of a judicial activist was Chief Justice Earl Warren (1953-1969). He was influential in some important rulings regarding desegregation of schools, ending school prayer, and Miranda rights. Whether you think those things are good or bad, the fact remains that he was legislating from the bench, rather than leaving that responsibility to congress where it belongs.
Section two discusses the House of Representatives. The House is meant to be the guardians of the people's rights. For this reason, they are elected directly by the people and proportioned in congress according to population. Section two also discuss qualifications to be a representative, how they are elected, their term of service, and how vacancies are filled. It also discusses qualifications of electors or voters, although that has subsequently been altered by amendments to the Constitution. A member of the House serves a two year term, and each year half of the house is up for reelection. The founders believed that this shorter term would typically make the representatives more responsive to their constituents since they would have to face them in an election more frequently.
In section three we learn about the Senate. In the Senate, each state has equal representation. This was to help protect the smaller states. The Senate is to be the guardian of the states' rights. For this reason, senators were initially chosen by state legislatures. In this way, the senators were more protective of the rights of the states as sovereign entities. This was changed by the 17th amendment in 1913. In part because of this change, we have lost some of the balance of power between the houses that the founders intended. The Senate is a much smaller body than the House and so each senator has more power than a representative. Their term is also longer - six years. This longer term was supposed to help guard against passions and whims of the moment. The role of the Senate is to: "First, protect the people against their rulers; secondly, to protect the people against transient impressions which they themselves might be led." James Madison. Madison also specifically warned against the redistribution of wealth and he felt that the Senate would help guard against that.
Section four discusses the way in which elections were to be held. Initially, it was left to each state to decide when and how they would hold elections. This has also been changed through time. We now have a general election day, as well as regulations on voter registration and campaign funding among other things. The states are still responsible to handle their own "primary" systems, and each state varies in how they do that.
Section five talks about the rules of each house. They may judge and punish their own members for misconduct, however these are not criminal proceedings. The person may still be charged in a criminal case, but that would be handled outside of the congress. They must also keep a record of their proceedings.
Finally, section six talks about the compensation that is to be given to members of congress. Some of the founders, including Benjamin Franklin did not want members of congress to receive monetary compensation. They believed that the honor of serving the country should be sufficient. The difficulty was however, that without compensation, only the wealthy class would be able to run for office. The amount of compensation has increased through time. In 1789, members received $6 for every day they were in session. In 1815 they received an annual salary of $1500. Today, the base annual salary is $174,000 with party leaders earning substantially more. They also receive many benefits including (but not limited to) retirement, life insurance, health insurance, travel allowances, and funds to hire staff. Benjamin Franklin said, "And of what kind are the men that will strive for this profitable preeminence, through all the bustle of cabal, the heat of contention, the infinite mutual abuse of parties, tearing to pieces the best of characters? It will NOT be the wise and moderate, the lovers of peace and good order, the men fittest for the trust. It will be the bold and the violent, the men of strong passions and indefatigable activity in their selfish pursuits. These will thrust themselves into your government, and be your rulers." While I believe members of congress should be compensated, I fear that we have made these offices a place of profit more than a place of service, and this is one reason that we don't have as many honorable men and women as we would like to have in office.
Alright, those are the highlights from the first six sections. It is amazing how much is in that short part of our Constitution. The founders truly labored and chose each word carefully, and were inspired in their efforts.
Section one explains that ALL legislative powers are vested in the congress. Unfortunately, we have moved away from that as well. The executive branch and the judicial branch throughout our history have taken legislative authority upon themselves. One example in the executive branch is executive orders. Initially, presidents would issue executive orders to their departments or cabinets as a way to organize their administration. Eventually however, executive orders began to affect the general public. The number of executive orders has also increased with time. Prior to President Grant (1868), no president issued more than 80 executive orders. FDR issued more than 3500. They claim that these powers are implied in the Constitution. The judicial branch has also contributed to legislation through judicial activism where judicial rulings are suspected of being based on personal or political considerations rather than on existing law. One example of a judicial activist was Chief Justice Earl Warren (1953-1969). He was influential in some important rulings regarding desegregation of schools, ending school prayer, and Miranda rights. Whether you think those things are good or bad, the fact remains that he was legislating from the bench, rather than leaving that responsibility to congress where it belongs.
Section two discusses the House of Representatives. The House is meant to be the guardians of the people's rights. For this reason, they are elected directly by the people and proportioned in congress according to population. Section two also discuss qualifications to be a representative, how they are elected, their term of service, and how vacancies are filled. It also discusses qualifications of electors or voters, although that has subsequently been altered by amendments to the Constitution. A member of the House serves a two year term, and each year half of the house is up for reelection. The founders believed that this shorter term would typically make the representatives more responsive to their constituents since they would have to face them in an election more frequently.
In section three we learn about the Senate. In the Senate, each state has equal representation. This was to help protect the smaller states. The Senate is to be the guardian of the states' rights. For this reason, senators were initially chosen by state legislatures. In this way, the senators were more protective of the rights of the states as sovereign entities. This was changed by the 17th amendment in 1913. In part because of this change, we have lost some of the balance of power between the houses that the founders intended. The Senate is a much smaller body than the House and so each senator has more power than a representative. Their term is also longer - six years. This longer term was supposed to help guard against passions and whims of the moment. The role of the Senate is to: "First, protect the people against their rulers; secondly, to protect the people against transient impressions which they themselves might be led." James Madison. Madison also specifically warned against the redistribution of wealth and he felt that the Senate would help guard against that.
Section four discusses the way in which elections were to be held. Initially, it was left to each state to decide when and how they would hold elections. This has also been changed through time. We now have a general election day, as well as regulations on voter registration and campaign funding among other things. The states are still responsible to handle their own "primary" systems, and each state varies in how they do that.
Section five talks about the rules of each house. They may judge and punish their own members for misconduct, however these are not criminal proceedings. The person may still be charged in a criminal case, but that would be handled outside of the congress. They must also keep a record of their proceedings.
Finally, section six talks about the compensation that is to be given to members of congress. Some of the founders, including Benjamin Franklin did not want members of congress to receive monetary compensation. They believed that the honor of serving the country should be sufficient. The difficulty was however, that without compensation, only the wealthy class would be able to run for office. The amount of compensation has increased through time. In 1789, members received $6 for every day they were in session. In 1815 they received an annual salary of $1500. Today, the base annual salary is $174,000 with party leaders earning substantially more. They also receive many benefits including (but not limited to) retirement, life insurance, health insurance, travel allowances, and funds to hire staff. Benjamin Franklin said, "And of what kind are the men that will strive for this profitable preeminence, through all the bustle of cabal, the heat of contention, the infinite mutual abuse of parties, tearing to pieces the best of characters? It will NOT be the wise and moderate, the lovers of peace and good order, the men fittest for the trust. It will be the bold and the violent, the men of strong passions and indefatigable activity in their selfish pursuits. These will thrust themselves into your government, and be your rulers." While I believe members of congress should be compensated, I fear that we have made these offices a place of profit more than a place of service, and this is one reason that we don't have as many honorable men and women as we would like to have in office.
Alright, those are the highlights from the first six sections. It is amazing how much is in that short part of our Constitution. The founders truly labored and chose each word carefully, and were inspired in their efforts.
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