Diary

Constitutions

We live in the United States of America NOT the United State of America, there are 51 Constitutions in this country not just one Constitution. A few section of the United States Constitution make mandates to the states but only a few, for the most part the states are free to do as the wish unless the state is specifically prohibited from engaging in a particular action either through the United States Constitution or by the voters of that state. There are only three Articles, out of seven, that mandate the states to do anything the rest of the Articles apply to the Federal government, and one of those Article is Article II section 1. paragraph 2 “Each state shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives to which the state may be entitled in Congress: but no Senator or Representative, or person holding an Office of trust or profit under the United States, shall be appointed an Elector.” Another one is Article IV. Section 1. talks about “Full faith and credit shall be given in each states to the public acts, Records, and other judicial proceeding of ever other State; And the Congress may by general Laws prescribe the manner in such in which such acts, Records and proceedings shall be proved, and the Effect thereof.” Section. 2 ” The Citizens of each State shall be entitled to all privileges and Immunities of Citizens in the several States.

A person charged in any state with Treason, Felony, or any other crime, who shall flee from justice, and be found in another state, shall on demand of the executive Authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

Section. 3. New states may be admitted by the Congress into the Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts or states, without the consent of the Legislatures of the states concerned as well as Congress.

The Congress shall have the power to dispose of and make all needful Rules and Regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any Claims of the United States.

Section. 4. The United States shall guarantee to every state a Republican form of government, and shall protect each of them against invasion; and on Application of the Legislature, or of executive (when the Legislature can not be convened) against domestic violence.” That brings up an interesting question, many people refer to this Country as a “Democracy” or as a “Democratic-Republic” well, if the United States is not a Republic then why would the Federal government “guarantee to each state a Republican form of government”?

And finally we have Article. VI. Second paragraph, which is also known as the Supremacy Clause. “This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and treaties made, or which shall be made, under the Authority of the United States, shall be supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or Laws of any state to the contrary notwithstanding.”

All the rest of the Articles set up the infrastructure of the Federal government. There are Amendments that apply to the states, but only four, Amendment XIII ” Neither slavery nor involuntary servitude, except as punishment for crime whenever the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Amendment XIV Section 1 “All persons born or naturalized in the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges of immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Amendment XV. Section 1.” The right of the citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of race, color, or previous condition of servitude.”

Amendment XIX. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or any state on account of sex.”

Amendment XXIV ” The right of citizens of the United States to vote in any primary or other election for the President or Vice President, for the electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax”

And finally we have, Amendment XXVI “The right of the citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or any state on account of age.”

That is only three out of seven Articles and six out of twenty seven Amendments that apply to states.

Now, since this Article is entitle Constitutions, with an “S”, let me explain the difference between the Federal Constitution and the Constitution of Florida. The United States Constitution is what I call a prohibitory constitution, in other words, the United States government MUST have permission from the United States Constitution to engage in aparticular activity. Any activity that the federal government engages in that is not sanctioned by theUnited States Constitution is Null and Void the moment that it is signed into law, the Tenth Amendment is quite clear “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people.” And there is the Supremacy Clause mention above and ofcourse, we have the First Article Section 8 last paragraph “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and other powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof” emphasis mine.

On the other hand the State of Florida has what I call a permissive Constitution, in other words, the State can engage in any activity that it wants to unless the state is specifically prohibited from engaging in a particular action either through the United States Constitution or by the voters of that state. For instants, Florida is prohibited from levying a personal income tax because the Florida Constitution prohibits it. Although I’m not endorsing such a thing, the state of Florida could create a state version of Obama-Care because currently there isn’t anything in the State Constitution to prohibit it. So it is quite clear that the states regin supreme in health care and most everything else, even without the states putting additional Amendments into there Constitutions.