April 23, 2010 – Article III U.S. Constitution – Janine Turner

, , , , , ,

Howdy from Texas. I thank you for joining us on our day 3 of the “90 in 90 = 180 History Holds the Key to the Future.” Juliette read Article III to me in the car today and I found it to be just fascinating how it all fits together like pieces of a puzzle. I hope you are reading the Constitution with your children and/or family or friend and spreading the word about our contest for kids the “We the People 9.17 Contest.” Entries are due July 4th!

It is exciting that you are participating in our national conversational blog/reading. The blog entries are stimulating and though provoking and I thank you for your time and dedication. I also thank Lawrence Spiwak for his perceptive and provoking essay!

I am in awe in regard to how the checks and balances continue to unfold. The Republic of the United States continues to offer the people their voice through their elected representatives even with the Supreme Court Justices. The people in essence nominate and confirm through the President and Senate that we elect. Check. The people may impeach a Supreme Court Justice through the President and Senate whom we elect. Check.

Thus, the relevancy today is to be very careful whom we elect and to know our representative’s thoughts and opinions about the Constitution. The Supreme Court’s job is to uphold the Constitution yet we know in modern society there are differing views about the relevancy of the Constitution and it is continuously under attack, even if subtly.

The other aspect of today’s relevancy that fascinates me is in regard to the Constitution’s diligence in making sure that tyranny could not raise it’s ugly head. The checks and balances came full circle today in reading Article III and in reading Lawrence Spiwak’s essay. Once again it is the mastery of the checks and balances that motivate marvel.

The Legislative Branch legislates potential laws of the land, written indirectly through the people who elected the representatives. Check. The President executes the bill by signing it, fulfilled by the people who elected him. Check. And the Supreme Court, who is indirectly chosen by the people through their elected President and Senate, evaluates the law to make sure it does not violate the Constitution and/or the rights of the citizens or states. Check. The Legislative bill is empowered or disempowered by the President who may execute it or veto it. Check by President. Yet, Congress may override the President by voting the bill into fruition by 2/3 of the vote. Check by Congress. The Supreme Court may hold the new law to the light of Constitution and may either render it valid or invalid. Check by the Supreme Court.

And all the while, the people are ruling through their representative Republic. The people, by voting, have the ultimate check. Vetting and voting seem to be the pivotal words gleaned from Article I, II and III. We need to check out our candidates thoroughly. Mysteries do not serve the process well. But, men are not angels and thus, we have the Constitution to keep us honest.

Brilliant.

See you tomorrow!!!! Articles 4-7.

Have a great night. Check!

Janine Turner

P.S. I hope this makes sense. I am exhausted and can barely hold my eyes open!

Posted in Article III of the United States Constitution, Constitutional Essays by Janine | Edit | 12 Comments »

12 Responses to “April 23, 2010 – Article III U.S. Constitution – Janine Turner”

  1. The theory behind checks and balances was established so that not one agency could rule like a dictator. When that came to pass the most logical angecy to stop unwantent power grabs was the Supreme Court. Today we need that august body more then ever to help us as they did when laws were being unconsttutional. This will promote not only a balance but will put the office of the President under strict checks. When he realizes his error he will have to back down once and for all.

  2. “What is human?” GOD’s answer…

    Keven J. Hasson, President of the Becket Fund, recently stated, “…the American and Soviet systems…offered differing visions of freedom and human nature.” The missing element in every human ‘solution’ is an accurate definition of the creature.

    In the Bible, God’s Word has accurately defined the human being as ‘the earth creature endowed with the ability to choose.’ His natural Rights, therefore, are merely an extension and application of natural human endowments, which all humans – everywhere in the world – possess. Even as goldfish, canaries, and puppy dogs require an environment based on their natural features, so humans require external freedom to fulfill their natural internal abilities of choice, selection, election, and consent. Uniquely, America was founded on this definitive paradigm in human nature. All nations should reject foundational human opinion that teaches otherwise.

    Further, God’s gift of criteria for choosing between alternatives supplies us with superior standards for successful visionary choice-making. Humans cannot invent (or replace) criteria greater than self, ACLU to the contrary.

    Defining ‘human’ accurately is the first step in establishing accurate and successful environments, institutions, and creative relationships for earth’s Choicemaker. Middle East governments, and all leaders, would do well to pay attention: nature and nature’s Creator speak with an authoritative voice. Psalms 25:12 119:30, 173 Joel 3:14 Selah

    No one is smarter than their criteria.

    Jim Baxter Sgt. USMC WWII & Korean War semper fidelis http://www.choicemaker.net/

  3. Susan Craig says:

    I have never seen such an accurate and succinct definition of human, Jim. Fair winds and following seas.

  4. Reed W says:

    Reading done through Article III. It’s great to have lesson plan and a course to follow. Keeps me going. Thanks to Cathy for being so kind as to write us! Carry on!

  5. Ken Brown says:

    The purpose of the Supreme Court is to rule on laws based on the Constitution. However, recently it has been viewed as “interpreting the Constitution”. The Constitution is not a living, breathing document as many us of were tought in school, rather it is writen in ink on parchment. Our founders were smart enough to know that some changes were in evitable and thus they left a way to change it thru the ammendment process. Unfortunately, the 17th ammendment altered the checks and balances system that the founders left for us because the ultimate check on the federal government was the States. The only way to restore the full compliment of checks and balances is to repeal the 17th ammendment. That way the States would have a voice before these unfunded mandates were ever passed into law.
    P.S. Well said Jim

  6. Gitel says:

    I want to call people’s attention to the following web site:

    http://www.usconstitution.net/const.html#Article1

    Although the Constitution you have on linked to your site is good, I feel this other site is easier. With one click you can get a definition of an unfamiliar word, and there are also links to explanatory notes.

  7. Kay says:

    Not only reading through the Constitution and the essay are valuable in and of themselves, the comments following by readers shed additional light on the reading. I am so excited to be part of this project, and have spread the word. Next fall I am privileged to teach the Constitution to homeschooled high schoolers, the fourth time in about 10 years. Knowing a short history of what precipitated the writing and thought that caused the Constitution to be written the way it is sets the stage. Not particularly what led up to the Constitution, but way back, back to the events surrounding the Magna Carta, the printing press, the Reformation, the ancient philosophers’ impact on the education of the principal players/writers of the Constitution all produced our document. The time was ripe for a Madison, a Hamilton, a Jay, etc. to put it all together.

  8. Hello to all.I was wondering if there is anyone who would like to opine on the current actions by the AZ.Gov? My take is ,although it seems to be powers given to Congress, I am sympathic to the State acting in it’s own behalf as a result of Congress failing to act at all and for such a long time.What is a state to do (any State) when there is such a gigantic failure of the Legislature to act.Everyone is afraid to be politically incorrect or acting out side the law and possibily stepping on the toes of someones civil rights etc. The inaction of the Feds is at the root of the festering problem and I believe it has to do with seeking and securing a voting block,not enforcing a rule of law .When the motive for action or inaction is not inspired by the rule of law but rather the self interest of Politicians a lobsided foundation results and sets all citizens up for irrational outcomes.

  9. Susan Craig says:

    It is the right thing. It is about time. The State has the duty to do all that it can before it kicks the ball upstairs. But it will be an interesting squabble to watch.

  10. Pricila says:

    What Arizona did is legal. The states still have the right to govern their police as they see fit to protect their citizens living in the state. Thats why the President said that they are going to keep an eye on Arizona.

    Check out the last video, number six.

    http://www.thefoxnation.com/judge-andrew-napolitano/2010/01/11/judge-andrew-napolitanos-constitution-and-freedom-part-1

  11. Louis Palermo says:

    The Supremacy Clause of Article IV declares that the “Constitution…shall be the supreme Law of the Land.” This declaration demonstrates that there is a hierarchical organization of the federal government as it relates to the states. Also known as ‘Preemption’. Under preemption if there is a conflict between this hierarchical relationship, federal law wins. The Supreme Court has interpreted Article IV as limiting the ability of states to discriminate upon ‘out-of’staters’. This is also known as the Privileges and Immunities clause. Article VI reiterates the Supremacy clause.

    Article V of the Constitution prescribes ways to alter the Constitution as is evidenced in your blog. Article VII as we shall see was the Constitutional Convention’s mandate to change the ‘Articles of Confederation’ and thus ‘ the Ratification of the Conventions of nine States shall be sufficient for the Establishment of this Constitution between the States”. So the relevant meaning of all Articles of the Constitution have remained virtually unchanged since its inception. We may quarrel over its interpretation but we must not question the divine wisdom of its underlying principles! The founding fathers’ thoughts created this ‘Document’ for the people then and now!

  12. AllisonW says:

    More and more evidence of the checks and balances system seem to emerge with each Article and Section!
    According to Section III of Article III, the Supreme Court shall determine if a person shall be convicted of treason, while Congress “shall have power to declare the punishment.”
    Isn’t it a marvel how the founding fathers allowed the three branches of government to function with balance and fairness?

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *