Saturday, September 17, 2016

An overview of the American presidency



"The Executive power shall be vested in a President of the United States of America. He shall hold office during the term of four years ... "

Article 2, Section 1 of the Constitution


The White House, where every president of the United States has lived (excepting the first)

Unlike the Congress, the executive branch is controlled by a single individual, who is usually referred to in the masculine in the linguistic style of that time; although there are no prohibitions on a feminine president anywhere in the Constitution, so it is possible to have a female president (although I should note that at the time I write this, it has not happened yet). With this gender clarification in mind, I will give the portion of the Constitution establishing the executive branch: "The Executive power shall be vested in a President of the United States of America. He shall hold office during the term of four years" (Source: Article 2, Section 1). There is usually also a Vice President of the United States, who is first in line to become president (more about that subject here). The Constitution says that "The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided." (Source: Article 1, Section 3, Paragraph 4) However, the Senate does have some other power to elect its own leaders, because the Constitution says that "The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of the President of the United States." (Source: Article 1, Section 3, Paragraph 5) With this discussion of the vice presidency concluded, I shall return to a discussion of the presidency itself.

An overview of the American federal courts



"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."

- Article 3, Section 1 of the Constitution

The part here about "good behaviour" is effectively a lifetime appointment, since it means that the judges can hold their offices for life unless convicted of a crime (which is fairly rare for American judges, possibly because of their being subject to removal in this way). Just as the executive branch is subject to impeachment, so is the judicial branch; and judges can be removed by the exercise of this power. (More about that here.)


Alexander Hamilton

De facto lifetime appointment

The de facto lifetime appointment here is among the most criticized parts of the Constitution, but was defended by the Founding Fathers as making them independent of having too much influence from the other branches (which could erode the separation of powers). It also makes them independent of the popular prejudices of the people, who might otherwise have the power to retaliate against those who enforce laws against them - even when those laws are just and have actually been broken by the people who were judged against. In the words of Alexander Hamilton in the Federalist Papers, "The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments" (Source: Federalist No. 78) This is why Hamilton correctly quoted Montesquieu as saying that "Of the three powers above mentioned, the judiciary is next to nothing." (Quoted in footnote to Federalist No. 78) Hence, the radical mechanism of a de facto lifetime appointment, to protect against the improper influence of the other branches.


Supreme Court of the United States

How are constitutional amendments passed?



"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 1808, but a tax or duty may be imposed on such importations, not exceeding 10 dollars for each person."

- Article 1, Section 9, Paragraph 1 (a. k. a. the "Slave Importation Clause"), which contained one of the few parts of the Constitution that was temporarily immune to constitutional amendments


Slave who was brutally whipped

Compromises over slavery are a thing of the past

The original Constitution included many compromises over slavery - such as the Three-Fifths Clause (Source: Article 1, Section 2, Paragraph 3), the Slave Importation Clause (whose full text and citation are given above), and the Fugitive Slave Clause (Source: Article 4, Section 2, Paragraph 3) - perhaps the most detested power of them all in the Constitution. These compromises, however, are no more; because slavery has been completely abolished in American society, by the mechanism of constitutional amendment. How are these amendments, then, to be done?


Abraham Lincoln, the president who abolished slavery by means of a constitutional amendment

Monday, August 29, 2016

Did John Locke really claim that societies exist to protect private property?



The English philosopher John Locke was a vocal advocate of private property, and gave an eloquent defense of it in his "Second Treatise on Government." (More on that here.) Perhaps owing partially to that, it's sometimes been claimed that he said that this was the main reason that societies exist. It might even be claimed that he said capital punishment was an appropriate penalty for violating it through stealing - something which is vastly far from the truth, but which may seem (emphasis on "seem") to be supported by an actual quote from Locke's work - at least, when that quote is taken out of context.


John Locke

Thursday, August 18, 2016

A review of PBS’s “Not for Ourselves Alone: The Story of Elizabeth Cady Stanton and Susan B. Anthony”



"Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of Electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State."

- Fourteenth Amendment to the United States Constitution (ratified 1868), Section 2 - a major barrier to the enactment of women's suffrage before the passage of the Nineteenth Amendment, because of the word "male"

I had a sort of request from one of my female readers to do something about women's history. Up until that point, I had thought that women would not like hearing things about women's history coming from a man (such as myself); but considered at that point that women might also dislike the idea of their history being left out - which is not a fair perception for my particular blog, I might suggest (since I have talked about it indirectly, in posts about other things), but one that might be perceived nonetheless on the part of some women, if I didn't actually go out and write something specifically on women's history. Thinking "darned if I do, darned if I don't" (or something along those lines), I thought "What the heck?", and decided to write about women's history after all. (If you don't like the idea of women's history written by a man, then by all means, don't read this; but if you're not bothered by the masculine coverage of feminine history, then you're entirely welcome to read this post.)


Elizabeth Cady Stanton and Susan B. Anthony: The central figures of this documentary

Thus, I set out to write a post about two of the great feminists of the women's suffrage movement, which are Elizabeth Cady Stanton and Susan B. Anthony. These were both depicted in a Ken Burns film called "Not for Ourselves Alone: The Story of Elizabeth Cady Stanton and Susan B. Anthony" (which was later broadcast on PBS). I imagine that Ken Burns and writer Geoffrey C. Ward (both men) also found themselves in the same uncomfortable position that I described for myself, which may have been why they dedicated this film to their daughters, and the other women in their lives. In that same spirit, I set out to give my review of this film; perhaps one that will be read by my future children and other descendants - which will likely include females, who will wonder what I said about their gender's history; and who I cannot let myself disappoint in my coverage here.


Elizabeth Cady Stanton with her two sons, 1848


Susan B. Anthony, 1848

Monday, August 15, 2016

A review of Michael Wood's “The Story of India”



"As from the fifteenth day of August, nineteen hundred and forty-seven, two independent Dominions shall be set up in India, to be known respectively as India and Pakistan."

- Indian Independence Act of 1947, as passed by the British Parliament

I should give a disclaimer for my international readers that I am from the United States (rather than from India), and that none of my ancestors are from India, either - just from European countries like Britain, the country that financed this documentary. Thus, I do not claim to be an expert on India, as I am just a layperson in North America who is an outsider to this culture. With that disclaimer in mind, I will give an opinion on Michael Wood's "The Story of India," and how it compares with some other country histories I've seen on television.


Monday, August 8, 2016

United States Census can influence a state’s votes in Congress (and the presidential elections)



"Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed."

- Fourteenth Amendment to the United States Constitution, Section 2 (ratified 1868)

The census is mandated by the Constitution

So we recently finished a year ending in a "0" (2020), which means that the United States Census took place at that time. Most of us have heard of the U. S. Census before; but since many of my Facebook friends have never heard before that this is explicitly mandated by the Constitution, I thought that it might be good to explain that there is a part of the Constitution that mandates having a census every ten years - not only because it's good to have accurate information about the population (for purposes of comparison with other countries), but also because the number of votes each state has in Congress - and also, the presidential elections - is determined by the official population count from the census. (Since the number of votes that each state has in the presidential elections is dependent upon the number of votes that each state has obtained in the Congress, I will first discuss the particulars of the Congress votes, before transitioning into how voting in the presidential elections works.)


Capitol Dome, at the building of the United States Congress

Number of votes each state gets in the House of Representatives is dependent upon this census

The number of Congressmen (or Congresswomen) each state gets in the House of Representatives, specifically, is proportioned to the populations of each state respectively. Thus, although it may be done partly for purposes of comparison with other countries' populations, this is not the only reason that it happens; since the most important reason is determining how many votes each state has in Congress - which is a big deal in determining the balance of power in the legislature (and by extension, the electoral college - but more on that later).


The Constitutional Convention, 1787