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==II.  Why is the [[Constitution]] so Successful?==

==II.  Why is the [[Constitution]] so Successful?==

 

Let’s pause for a moment and consider why the [[Constitution]] has endured and thrived for over 200 [[year]]s, producing the most [[productivity|productive]] [[society]] the [[world]] has ever known.

Let’s pause for a moment and consider why the [[Constitution]] has endured and thrived for over 200 [[year]]s, producing the most [[productivity|productive]] [[society]] the [[world]] has ever known.

But [[New York]] was the 800-[[pound]] [[gorilla]], meaning it had enormous influence.  It demanded a [[Double Jeopardy Clause|double jeopardy clause]] when it ratified the [[Constitution]] and called for another [[constitution]]al convention.  [[New York]] endorsed this version: “That no person ought to be put twice in jeopardy of [[life]] or limb, for one and the same offence; nor, unless in case of [[impeachment]], be [[punishment|punished]] more than once for the same offence.

But [[New York]] was the 800-[[pound]] [[gorilla]], meaning it had enormous influence.  It demanded a [[Double Jeopardy Clause|double jeopardy clause]] when it ratified the [[Constitution]] and called for another [[constitution]]al convention.  [[New York]] endorsed this version: “That no person ought to be put twice in jeopardy of [[life]] or limb, for one and the same offence; nor, unless in case of [[impeachment]], be [[punishment|punished]] more than once for the same offence.

[[James Madison]] responded to [[New York]]’s demand by proposing this clause: “no person shall be subject, except in cases of [[impeachment]], to more than one [[punishment]] or [[trial]] for the same offence.”  But this is not the version that was ultimately adopted, as the [[Founding Fathers|Founders]] preferred [[William Blackstone|Blackstone’s]] [[language]].

[[James Madison]] responded to [[New York]]’s demand by proposing this clause: “no person shall be subject, except in cases of [[impeachment]], to more than one [[punishment]] or [[trial]] for the same offence.”  But this is not the version that was ultimately adopted, as the [[Founding Fathers|Founders]] preferred [[William Blackstone|Blackstone’s]] [[language]].

Why?  To minimize problems of interpretation.  [[William Blackstone|Blackstone’s]] [[language]] forbids a second [[trial]] regardless of the outcome of the first.  Protection against [[Double Jeopardy|double jeopardy]] guards against multiple punitive ordeals, not just successive [[punishment]]s.

Why?  To minimize problems of interpretation.  [[William Blackstone|Blackstone’s]] [[language]] forbids a second [[trial]] regardless of the outcome of the first.  Protection against [[Double Jeopardy|double jeopardy]] guards against multiple punitive ordeals, not just successive [[punishment]]s.

==VI.  How [[Law]]s are Made==

==VI.  How [[Law]]s are Made==

The basic process for passing [[federal]] [[law]] is as follows: A [[committee]] in the [[House of Representatives]] drafts a new [[statute]].  If the [[committee]] approves the [[bill]], then it is sent to the [[House_of_Representatives|House]] Rules [[Committee]], which will dictate the rules for debate and [[amendment]] by the full [[House_of_Representatives|House]] prior to a [[vote]].  If it ultimately passes the full [[House_of_Representatives|House]], it then proceeds to a [[committee]] in the [[Senate]], which may revise it before approving or rejecting it.  If the [[Senate]] [[committee]] approves it, perhaps in revised form, then it goes to the full [[Senate]] for passage.  [[Amendment]]s may be proposed by any [[senator]], and any [[senator]] may try to block by a [[vote]] by arguing indefinitely (this is known as a [[filibuster]]).  In the [[Senate]], 60 [[vote]]s are necessary to end a [[filibuster]] and force a final [[vote]].   

The basic process for passing [[federal]] [[law]] is as follows: A [[committee]] in the [[House of Representatives]] drafts a new [[statute]].  If the [[committee]] approves the [[bill]], then it is sent to the [[House of Representatives|House]] Rules [[Committee]], which will dictate the rules for debate and [[amendment]] by the full [[House of Representatives|House]] prior to a [[vote]].  If it ultimately passes the full [[House of Representatives|House]], it then proceeds to a [[committee]] in the [[Senate]], which may revise it before approving or rejecting it.  If the [[Senate]] [[committee]] approves it, perhaps in revised form, then it goes to the full [[Senate]] for passage.  [[Amendment]]s may be proposed by any [[senator]], and any [[senator]] may try to block by a [[vote]] by arguing indefinitely (this is known as a [[filibuster]]).  In the [[Senate]], 60 [[vote]]s are necessary to end a [[filibuster]] and force a final [[vote]].   

If it passes the [[Senate]], then it is compared to the [[House_of_Representatives|House]] version.  If they were identical, then it proceeds directly to the [[president]] for approval or rejection.  But if the House and [[Senate]] versions are different, then it must go to a specially appointed [[Joint Committee|joint committee]] representing both [[chambers]]. They attempt to resolve the differences and present an identical version for new approval by the [[House_of_Representatives|House]] and [[Senate]].  If the revised version is approved by both the [[House_of_Representatives|House]] and [[Senate]], it then goes to the [[president]].

If it passes the [[Senate]], then it is compared to the [[House of Representatives|House]] version.  If they were identical, then it proceeds directly to the [[president]] for approval or rejection.  But if the House and [[Senate]] versions are different, then it must go to a specially appointed [[Joint Committee|joint committee]] representing both [[chambers]]. They attempt to resolve the differences and present an identical version for new approval by the [[House of Representatives|House]] and [[Senate]].  If the revised version is approved by both the [[House of Representatives|House]] and [[Senate]], it then goes to the [[president]].

If the [[president]] signs the [[bill]] in ten (10) days (excluding [[Sunday]]s), or fails to return it without a signature and [[Congress]] is in session, then it becomes [[law]].  If the [[president]] [[veto]]es the [[bill]], or fails to return it in ten (10) [[day]]s (excluding [[Sunday]]s) and [[Congress]] is no longer in session (the “[[pocket veto]]”), then it does not become [[law]].  (A famous example of the [[pocket]] [[veto]] was [[President]] [[Lincoln]]’s refusal to sign his own [[political parties|Party]]’s Wade-Davis [[Bill]] in 1864, which would have imposed harsh penalties on [[Confederate]] officials.)  [[Congress]] may attempt to override any type of [[veto]], but it needs 2/3 approval in both the [[House_of_Representatives|House]] and [[Senate]] to do so.  See [[Article I]], Section 7, clause 2 (p. 320).

If the [[president]] signs the [[bill]] in ten (10) days (excluding [[Sunday]]s), or fails to return it without a signature and [[Congress]] is in session, then it becomes [[law]].  If the [[president]] [[veto]]es the [[bill]], or fails to return it in ten (10) [[day]]s (excluding [[Sunday]]s) and [[Congress]] is no longer in session (the “[[pocket veto]]”), then it does not become [[law]].  (A famous example of the [[pocket]] [[veto]] was [[President]] [[Lincoln]]’s refusal to sign his own [[political parties|Party]]’s Wade-Davis [[Bill]] in 1864, which would have imposed harsh penalties on [[Confederate]] officials.)  [[Congress]] may attempt to override any type of [[veto]], but it needs 2/3 approval in both the [[House of Representatives|House]] and [[Senate]] to do so.  See [[Article I]], Section 7, clause 2 (p. 320).

Overrides of [[veto]]es were very rare prior to [[President]] [[Andrew Johnson]].  Only three [[president]]s have been overridden ten or more times: [[President]]s [[Andrew Johnson]], [[Harry Truman]] and [[Gerald Ford]].  The reason is simple: each faced a [[Congress]] that was dominated by the opposing political party.  [[Republican]] President [[Reagan]] [[veto]]ed 78 [[bill]]s of [[Congress]], but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming [[Democrat]]ic control of the [[House of Representatives]] during his presidency.

Overrides of [[veto]]es were very rare prior to [[President]] [[Andrew Johnson]].  Only three [[president]]s have been overridden ten or more times: [[President]]s [[Andrew Johnson]], [[Harry Truman]] and [[Gerald Ford]].  The reason is simple: each faced a [[Congress]] that was dominated by the opposing political party.  [[Republican]] President [[Reagan]] [[veto]]ed 78 [[bill]]s of [[Congress]], but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming [[Democrat]]ic control of the [[House of Representatives]] during his presidency.

The [[Republican]]-controlled [[House_of_Representatives|House]] voted to override President [[Clinton]]’s [[veto]] of the ban on [[partial-birth abortion]], but the [[Senate]] lacked the 2/3rd majority required.  It was not until [[President Bush]] was [[elected in 2000 and the [[Republican]]s captured the [[Senate]] in 2002 that now it appears this [[bill]] will be enacted into [[law]].  With [[George W. Bush|Bush]] agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in [[Congress]] to enact it.

The [[Republican]]-controlled [[House of Representatives|House]] voted to override President [[Clinton]]’s [[veto]] of the ban on [[partial-birth abortion]], but the [[Senate]] lacked the 2/3rd majority required.  It was not until [[President Bush]] was [[elected in 2000 and the [[Republican]]s captured the [[Senate]] in 2002 that now it appears this [[bill]] will be enacted into [[law]].  With [[George W. Bush|Bush]] agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in [[Congress]] to enact it.

==VII.  Elections – The Three-Way Race.==

==VII.  Elections – The Three-Way Race.==