Category Archives: Constitution 101

Reflections On Presidential Government And Related Issues

The Presidential Seal. Executive orders are a Presidential prerogative, though how far they may go is another question.
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“A people may be unprepared for good institutions, but to kindle a desire for them is a necessary part of the preparation.” John Stuart Mill so observed in his Representative Government. Likewise The Alter of Kelm includes this aphorism: “Ask not if a thing is possible; ask only if it is necessary.” Today let us ask whether a presidential system of government is necessary for Israel.

A Primer on Constitutional Democracy for the Citizens of Israel

The Constitution, which sets forth the principle of rule of law, defines what is unconstitutional, and guarantees freedom of speech and other liberties of a Constitutional republic, and also describes the impeachment power. (How many know of the Jewish roots of this document?) Hypocrisy threatens Constitutional government. Could Israel use a constitution like this? More to the point: would a Convention of States save it, or destroy it? (Example: civil asset forfeiture violates the Constitution.) Quick fixes like Regulation Freedom Amendments weaken it. Furthermore: the Constitution provides for removing, and punishing, a judge who commits treason in his rulings. Furthermore, opponents who engage in lawfare against an elected President risk breaking the Constitution.
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To simplify matters, let us ignore the controversy as to whether the original Constitution of the United States exemplifies a “Democracy” or a “Republic.” True, Article IV, Section 4, of the Constitution guarantees to every State of the Union a “Republican Form of Government.” But for present purposes, let us yield to contemporary terminology, which designates the U.S. as a Constitutional democracy.

Presidential Electors: who picks them

The Constitution, which sets forth the principle of rule of law, defines what is unconstitutional, and guarantees freedom of speech and other liberties of a Constitutional republic, and also describes the impeachment power. (How many know of the Jewish roots of this document?) Hypocrisy threatens Constitutional government. Could Israel use a constitution like this? More to the point: would a Convention of States save it, or destroy it? (Example: civil asset forfeiture violates the Constitution.) Quick fixes like Regulation Freedom Amendments weaken it. Furthermore: the Constitution provides for removing, and punishing, a judge who commits treason in his rulings. Furthermore, opponents who engage in lawfare against an elected President risk breaking the Constitution.
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Presidential electors often confuse those who study the Constitution for the first time. Most people never hear or see the phrase until they vote for them. Then they see ballot instructions: “Presidential Electors: vote for one slate” or words to that effect. Nor do they see the names of Presidential electors. Instead they see the names of Presidential (and Vice-Presidential) candidates. And they might think that Presidential elections are a federal issue, with which no State may interfere.  This is wrong. The people choose Presidential electors, and States decide how they choose them.

Constitution 101: Introduction

The Constitution, which sets forth the principle of rule of law, defines what is unconstitutional, and guarantees freedom of speech and other liberties of a Constitutional republic, and also describes the impeachment power. (How many know of the Jewish roots of this document?) Hypocrisy threatens Constitutional government. Could Israel use a constitution like this? More to the point: would a Convention of States save it, or destroy it? (Example: civil asset forfeiture violates the Constitution.) Quick fixes like Regulation Freedom Amendments weaken it. Furthermore: the Constitution provides for removing, and punishing, a judge who commits treason in his rulings. Furthermore, opponents who engage in lawfare against an elected President risk breaking the Constitution.
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The Constitution of the United States has been in force longer than any similar instrument in the world. Yet our government often does not run as the Constitution says it should. The people can check that, but only if they know what the Constitution really says. CNAV today introduces this course to show what the Constitution really means.