It's been said that "Politics is the Art of Compromise." This thread was started to prove that the Constitution is not subject to political
compromise & therefore, leaves little to no room in the US Government for "politics."
In all cases below where bold emphasis is contained within an "External Source box," the bold emphasis is mine, to highlight the points that I'm
To start, let's establish the actual legal power
of the Constitution
Source: US Constitution, Preamble:
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.
So, by the words bolded in the Preamble, the US Founding Forefathers envisioned the Constitution as the legal equivilant of a contract of
between The People & its servant Government; It's clear that it is "We the People" who actually "ordain & establish this
Constitution" for the common good of the Nation as a whole.
But what is it that creates the legal binding
of the servant Government to its employers, The People?
Source: US Constitution; Article 2, last of Section 1
Before he (referring to the President) 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."
Source: US Constitution; last of Article 6
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.
This means that all
Federal & State Government Officers, of all three Branches are bound by legal Oath
(or Affirmation) to support the
Constitution...So this does establish legal enforcement
upon the entire body of the Federal & State Governments. In short, the Constitution not
only delegates Powers
at every level, but also enforces legal limitations
upon the use of those powers. Breech of Oath to the whole (or
any part) of the Constitution is a Federal Offense
against The People of the States United; If entering into Court due to indictment, such
trials would be named, "The People vs........" & should be conducted as the most serious crimes against the Supreme Law of the Land!
Source: US Constitution; Article 2, 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.
Congress can Impeach anybody
in any Federal Government Office, for any
crime whatsoever! There is nothing that specifies any difference
between "elected" & "appointed" Offices for the purpose of defining which Crimes can be applied to whom! Along with the specifically named
crimes of Treason & Bribery, the mere inclusion of the terms " high Crimes & Misdemeanors" ensures this! The only point that I'm not certain of is
that the phrase includes "civil Officers of the United States:" As such, it is not clear to me whether or not State-level Officers would be
included...As a matter of precisely describing the legal definition of jurisdiction
, that phrase may be interpreted to also mean "civil
Officers of the States United," which would
include State-level Officers.
For example, if you (as a Citizen of the US) were to describe yourself as , a Citizen of the State of , One of the States United, then you would not
be legally required to hold a State-level Drivers' License (issued by the Department of Motor Vehicles) in order to travel
your personal property) in your own automobile
on Public Roads for your personal (non-commercial/non-business) purposes. The specific details
on jurisdiction & terminology in the Statutes
concerning that previous statement are detailed at
are very important (We can thank the ATS Member theindependantjournal for first supplying
these links in this thread
); Believe very firmly that, if you're hauled into court
for not having a license, you must be certain
of the Stautes & Terminology in order to avoid conviction on this matter!
Let's get back on track here & take a specific look at the Crime of Bribery for a moment:
Source: Webster's Universal Dictionary & Thesaurus, 1st Edition, 1993
bribe n money or gifts offered illegally to gain favor or influence; the gift to achieve this. *vt to offer or give a bribe
bribery n (pl briberies) the giving or taking of bribes.
Kind of leaves most (or all) of those lobbyists
out in the cold, doesn't it? So does this mean that (most or all) lobbyists are, by common
practice, seeking to bribe
members of the US Government for the purpose of gaining favors or influence from Government Offices? As Webster's
definition specifically states that this practice illegal
, not only can the members of Government who accept bribes be Impeached (&
subsequently indicted for trail by Court), but also the lobbyists themselves who offer the bribes can be indicted & charged for the crime of
And here's a portion of the Constitution that, while it doesn't specify any particular Crime, it does warn of the dangers of allowing the
possibility of "split loyalties" to act within the Government:
Source: US Constitution; Article 1, last of Section 9
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
This seems to be one of the most ignored of the Constitutional limitations in Government; This is the section that describes what kind of dangers to
The People would be present if any Office Holder in Government has "split loyaties." How can The People trust any Official to do their
Constitutional Duty to America if said Office Holder already has official ties with a foreign nation? Therefore, unless receiving the "Consent of
Congress," no person who holds any such foreign-originated "Emoulment, Office, or Title" can even be allowed to sit in any Government Office at
all...This being grounds for automatic disqualification!
But, here's a problem inherent with so much corruption currently in Government:
Source: US Constitution; Article 1, last of Section 3
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.
So, it's the Senate only
that can conduct trial for Impeachment...And it takes two-thirds of the presiding Senators
judgment...But this would mean that, in order to Impeach corrupted Senators
from their own ranks, there must be at least three Senators who
would not currently be up on charges! Are there even three Senators that haven't already been corrupted
& still be ethically qualified
to conduct Impeachment trials in the first place? This would take some serious investigation, wouldn't it?
Three more points that should be noted from these two Constitutional statements:
#1: Punishment from Impeachment involves only "removal from Office" & "disqualification" from any other Federal Office; If the phrase "the United
States" is also interpreted to mean "the States United," then disqualification from Office would also include State-level Offices.
#2: Any Officer Impeached is still liable to indictment & trial under the Judiciary Branch for the very same Crimes for which Congress had levied the
#3: The Chief Justice only needs to preside over Congressional Impeacment proceedings when the President
is being tried for Impeachment; Any
other Government Officer facing Impeachment does not require that the Chief Justice be presiding.
[edit on 30-7-2007 by MidnightDStroyer]