DOUBTS ABOUT US CONSTITUTION (i): Article 1 – Legislative


AN OVERDRIVE READING OF US CONSTITUTION 

Article i), Section ii), Clause i)

What does it mean? Are Representatives at the Congress really elected every two years?

The translation into Spanish by the Google Translator just doesn’t make any sense:

“La Cámara de Representantes se compondrá de Miembros elegidos cada dos años por la gente de los distintos estados, y los electores de cada estado deberán tener los requisitos de calificación para los electores de la rama más numerosa de la Legislatura  estatal.”

Yes, they’re elected for two years under superstitious conditions.

https://en.wikipedia.org/wiki/United_States_House_of_Representatives?wprov=sfti1

United States House of Representatives

Article i), Section ii), Clause iii)

Since exactly when an enumeration hasn’t been done of the numbers of Representatives of the different States. Some kind of “census” should be made every ten years, I esteem.

Current Representatives of the estate of New York: 27.

https://en.m.wikipedia.org/wiki/List_of_United_States_Representatives_from_New_York

According to the US Constitution the number of representatives should not exceed the proportion of 1 for each 30.000 inhabitants (roughly).

The state of New York counts 27 Representatives. And an estimated population of 19.54 million residentes in 2018.

The result of dividing let’s say 12.000.000 resident citizens with a right to vote between 27 results in a proportion of 1 Representative for each 444.000 resident citizens.

http://worldpopulationreview.com/states/new-york-population/

The 2nd Clause of the 14th Amendment poses a cognitive challenge:

“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.”

Article i), Section iii), Clause ii)

Senate should be composed of two senators from each state.

That makes one hundred (100) senators:

https://en.m.wikipedia.org/wiki/U.S._state

That’s Ok. Senate is the “Upper Chamber,” which usually holds a lesser power, but senators’ term of office is extremely wanton: a third part, chosen somehow, I guess, lasts for two years; another third part lasts for four; and the more lucky hold their seats for six years.

https://en.wikipedia.org/wiki/United_States_Senate?wprov=sfti1

United States Senate

The United States House of Representatives hosts 435 Representatives, which should have more influence in a bicameral system as a “Lower Chamber.” But their term office lasts only for a couple of years.

Incredibly enough there are Seven states which  only  have one Representantive: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming.

I suppose senators with six years “seats” constitute some sort of “oligarchy.”

Article i), Section iv) Clause ii)

It seems that the Congress only has “necessarily” to “assemble” once per year.

“The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December,5unless they shall by Law appoint a different Day.”

Here the text has been slightly changed by the 20th Amendment into this other:

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.  

Can’t find accurate info about the laws that rule the length of sessions. Nor about how Representatives lasting only two years achieve any continuity in their work.

https://en.wikipedia.org/wiki/Procedures_of_the_United_States_Congress?wprov=sfti1

Article i), Section v), Clause iv)

There might also some issue about “Adjournments.”

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the twoHouses shall be sitting.”

But I can’t provide a clear description.

https://en.wikipedia.org/wiki/Adjournment?wprov=sfti1

”Adjournment” is mentioned again in Section vii), Clause iii) (Article i):

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Article I), Section 8), Clause 3) ; Clause 12) and Clause 16)

3: [The Congress shall have the power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

How does this match with the World Trade Organization agenda and regulations?

12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.

16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Just ask myself if this applies in 2019 to US military budget and US Defence organization.

https://en.wikipedia.org/wiki/United_States_Department_of_Defense?wprov=sfti1

Article i), Section viii) Clause I) and Article I), Section ix), Clause iv)

i), viii),i): The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Also about taxes” i), ix), iv) reads:

4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

But has been corrected by the 16th Amendment into:

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

An overview of US fiscal policies can be read here:https://en.wikipedia.org/wiki/Fiscal_policy_of_the_United_States?wprov=sfti1

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