To the People of the United States of America,
“We, the people, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, 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.”
It is my hope that all who read this letter recognize these words, be it from high school studies or Saturday morning cartoons. With these words, the founders of this nation outlined their overall goal and beliefs for the document that has become known as the law of the land in America. The Constitution provides the framework and basic structure of this country, and has stood for over two hundred years as a guide to freedom and liberty. Over the course of history, hundreds of thousands of men and women have fought to defend, interpret, and enforce the ideas and hopes imbued in this parchment, and hundreds of thousands more will do the same as the years come. But we must, in these times of great change, re-examine what is being said to us in these words and what our responsibilities are to them. Please, take no offense in the nature of my words, as I only wish to explain my position in the broadest of terms. For those of you very familiar with the Constitution, it may seem unnecessary. For those of you unfamiliar, it may seem over-simplified. My letter to you today will be used to explore the first Article, and try to resurrect a greater faith in the establishment it concerns; that of the Congress of the United States.
The Congress of the United States serves as the Legislative Branch of our government. The men and women who make up this body have the seemingly simple job of making the laws for our citizens. The congress also has the power to:
Regulate foreign and domestic commerce
Establish Naturalization laws
Coin money (and punish those who coin counterfeit money)
Establish the Post Offices
Secure rights to authors and inventors (copyrights)
Convene tribunals inferior to the Supreme Court (such as the committee hearings you might see on CSPAN to confirm White House Cabinet appointments or even the dramatizations you see in movies, like Tony Stark refusing to give up the Iron Man suit)
Define piracy on the seas
Declare war (yes, the Congress is the body that declares war, not the President)
Provide and maintain a Navy
Make rules for land and naval forces
Provide for calling forth the Militia to execute the Laws of the Union
Provide for organizing said Militia
Exercise legislation over all places purchased by the consent of the Congress (such as military bases on foreign soil, or territories)
Make all laws to be considered necessary and proper (this may be slightly problematic, as we shall see in future letters)
As you can see, the powers of the Congress are clearly defined by the writers of the document. These powers have been slightly expanded, including the creation of the IRS to collect the levied taxes (so, yes, in fact, the power of the IRS is an extent of the Congress). It is also the sole responsibility of the Congress of the United States (that is, the representatives of the people) to vote to declare war on a foreign power. In essence, if the Representative or Senator you voted for to take office votes in favor of war, it IS “your war.” With these great responsibilities in the hands of the people, the Constitution only lists seven limitations of power. The limitations include:
the inability to prohibit the importation of people (this power is obsolete, as it referred to restricting the slave trade)
the inability to pass a Bill of Attainder or ex post facto law (meaning that a person or group of person may be arbitrarily found guilty of a crime and punished without trial)
the inability to law a tax unless a proportion of the census is taken (this power is obsolete, as the 16th Amendment allows taxes on incomes without regard to any census)
the inability to lay tax or duty charges on articles exported from any state
the inability to provide preference in revenue to ports of state; to oblige vessels to pay duty in others (this means that the Congress cannot direct ships to certain ports in order to increase the revenue of an area)
the inability to draw money from the Treasury of the United States unless appropriated by the law; these expenditures will be required to be made public.
the inability of any person holding office in the United States to hold a Title of Nobility from any King, Prince or foreign state (which means if you wish to run for any kind of public office, you should leave behind any dreams of being knighted by the Royalty of England)
In order to use these powers responsibly, the Congress of the United States is further divided into two chambers of different populations, the first being the House of Representatives and the second being the Senate. While writing the Constitution, the states argued how representation would be achieved. The larger states presented the “Virginia Plan”, wherein all states would be given representatives based only on population (including, at the time, the slave population). The smaller states issued the “New Jersey Plan”, wherein all states would have equal representation in a unicameral congress. After debate, the Constitutional Convention came to what is known as the “Connecticut Compromise”, allowing one for the distribution of legislative power between two houses. The members of the Congress are elected by popular vote every two years (or every even numbered year, to provide a better frame of reference). As you may remember from your Saturday morning cartoons, a law must be approved in both chambers to be presented to the head of the Executive Branch to be signed into law. The format of the national level of Congress is so successful that it is recreated in all but one state in the union (the sole exclusion being Nebraska). However, each chamber has differences that all of us must take into account in order to understand how our nation is meant to be run.
The first chamber, the House of Representatives, is the closest to true representation that we have in America. Each state has a number of states equal to the total population of citizens as counted in the census, meaning the more people that live in a certain state, the more representatives the state will have to seat in the chamber. While the states are supposed to be divided into Congressional districts with similar populations and diversity, there have been issues in the past of specifically creating maps that allow strong centers of party-specific voters to remain in a district together, despite having not geographic logic (i.e. Gerrymandering). Each state is guaranteed at least one representative, and each territory occupied by the United States (to include the District of Columbia) are represented by non-voting members. These men and women are meant to serve the interest of their constituents (voters that elected them) in two-year terms, and in order to be elected must be at least twenty-five-years-old, have been a citizen for at least seven years, and currently live in the Congressional District which they represent. There are currently no term limits in place, meaning a Representative may be re-elected for as many terms as they choose to run. The House of Representatives has select exclusive powers in the United States Government, including the power to initiate bills for revenue, the power to impeach officials, and, in the event the Electoral College lacks a majority, the power to elect the President of the United States.
The second chamber, the Senate, is a slightly more elite house in which every state is entitled to two representatives for six years per term. Like the House, these terms are not limited, and re-election is a decision by each Senator. The Senate holds the responsibility of electing the Vice President in the event there is no majority in the Electoral College (a self-serving purpose, as the Vice President of the United States serves as the President of the Senate), consenting to treaties, confirming the appointment of Cabinet members, Supreme Court Justices, military officers, and other federal executives, and holding the trials of federal officials who have been impeached by the House of Representatives. Like the House Members, Senators running for election must live in their respective Congressional Districts, but must have been a citizen for nine years (two more than a House member) and be at least thirty-years-old (five more than a House member). The thought is that, with a smaller body, more experience is required to adequately serve the constituency.
With the civics lesson over, and the base of understanding established, you may wonder why I have called so much attention to this body of the government. It is important for the people of the United States to remember where the true power is: in themselves! It is the power of the people, who directly vote for their representation, to change the face of the country. It is not the man who has been re-elected for years because he is popular, it is not the individual put at the head of the Executive Branch as President. No, the power of the government lies in the consent of the governed. That is the keystone of the American way of life. We have the power, at all times, to elect new officials who can better serve our interest. By voting for these Congressmen and Congresswomen, we declare that a certain law must be passed. That a war must be declared. That a tax must be repealed. That it is our desire to see our country change directions from one course to another. The men and women of this country did not fight against “taxation without representation” for the America of today to simply check a box because we recognize the name. They fought so that we may choose the people who tax us and hold them responsible. And both the people and the Congress seem to forget that simple fact. The Congressmen and Congresswomen are not easy to contact, nor do they seem willing to listen to the very people they were elected by. Their only concern seems to be re-election by way of blind allegiance to their party lines. It is their duty to ask what is to be done by their presence, and it is our duty to relieve them of that duty if they do not do as we have mandated. The will of the people must be heard at all times, loud and clear. The Congress and the Legislative Branch hold the true power of the American Democracy, which means that the people have the true power. Do not be fooled by the Presidential campaigns and the vitriol you may see in the media. We, the people, have ordained in ourselves the power to run our country.