Qualifications for US Senators

Dr. Benjamin Rush, Signer of Declaration of Independence

“No person shall be a Senator who has not attained to the Age of thirty Years, and been nine years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.” US Constitution. Article 1, Section 3, Clause 3.

As I previously discussed in the post “Wanted: US Representative” from this blog on Feb. 20, 2013, the Founders believed that besides the general qualifications for office, these legislators should be selfless in their service to others. They must value virtue and morality. They must respect the US Constitution as the law of the land. They must also pledge to uphold, preserve, defend, and protect the US Constitution.

Historically (at least in the first 50 years or so), the state legislatures would appoint as Senator a person who was a delegate or symbol of the state. This would be a person who, when their name was mentioned, you would “automatically” think of their State.

So, to summarize the qualifications, the Senator must be:
1. At least 30 years of age.
2. A citizen of the US for 9 years.
3. A citizen of the state he represents.

We the people give the government a list of qualifications that are stricter than those requires for the member of the House of Representatives.

The benefit to us is that we get mature, experienced Senators who are familiar with the workings of the US government. The person would also be familiar with the workings and preferences of their State.

“For the overseer must be above reproach as God’s steward, not self-willed, not quick-tempered not addicted to wine, not pugnacious, not fond of sordid gain, but hospitable, loving what is good, sensible, just, devout, self-controlled, holding fast the faithful word which is in accordance with the teaching, so that he will be able both to exhort in sound doctrine and to refute those who contradict. Titus 1: 7-9 (NASV)

Dr. Benjamin Rush, a Signer of the Declaration of Independence on religion and morality:
“Without this (religion) there can be no virtue, and without virtue there can be no liberty, and liberty is the object and life of all republican (US is considered a Representative Republic) governments. Without the restraints of religion and social worship, men become savages.”

Ronald Reagan on Character (Commencement Address, The Citadel, South Carolina, May 15, 1993:
“… The character that takes command in moments of crucial choices has already been determined by a thousand other choices made earlier in seemingly unimportant moments. It has been determined by all the “little” choices of years past – by all those times when the voice of conscience was at war with the voice of temptation, (which was) whispering the lie that “it really doesn’t matter.” It has been determined by all the day-to-day decisions made when life seemed easy and crises seemed far away – the decision that, piece by piece, bit by bit, developed habits of discipline or laziness; habits of self-sacrifice or self-indulgence; habits of duty and honor and integrity – or dishonor and shame.”

References:

Barton, David. Original Intent. Aledo, TX: Wallbuilder Press, 2008 (Benjamin Rush quote)

Findlay, Bruce Allyn and Findlay, Esther Blair. Your Rugged Constitution. Stanford: Stanford University Press, 1950

Hannaford, Peter. The Quotable Ronald Reagan. Washington, DC: Regnery Press, 1998

New American Standard Bible, 1995

US Constitution

Point of No Return?

Over the last 50 plus years, there has been a gradual erosion of the system of checks and balances in the US. This chipping away over time has allowed for blurring of the clear lines of power and responsibility that were initially established. This can become dangerous to our liberty. Examples are administrative law, legislating from the bench, and over-use of Executive orders.

This chipping away and erosion generally increases the power of the federal government and decreases the power of the individual states. This is a goal of a belief called Progressivism. People who believe progressive political philosophy feel that we would be a better people if we allowed the federal government to have the power to control the government and take care of more and more of our needs.

With this increase in government dependency comes a decrease in belief that each individual, given freedom and liberty, can provide for their needs and the needs of their family. We begin to think of government as the Nanny, constantly providing for the needs of the children (dependents). Many times, we refer to groups who believe in increasing the power of the federal government as Progressives, or more commonly, Liberals.

“Well, the trouble with our liberal friends is not that they are ignorant; it’s just that they know so much that isn’t so.” Ronald Reagan, A Time for Choosing, Oct. 27, 1964

I will present some information about some of the ways that have been established to chip away and erode the system of checks and balances and thus increase the power and scope of the federal government.

There is a misconception that we have three co-equal branches of government. This is not the case. When the Constitution was written, a greater amount of power was given to the Congress. The Congress controls the monetary funds throughout the government. It has the power to provide funds or withhold them. The Congress could potentially reduce the Judiciary branch to a Supreme Court only, or to reduce the Executive branch by defunding cabinets, departments, and the military. There is almost no constitutional issue that Congress could not ultimately solve if it has the will to do so. The Executive and Judicial branches cannot make this claim.

Administrative Law

As the country grew in size in the last century, there was concern among those in power that the Congress may not be able to handle all the issues that would arise with trying to oversee a large population and a busy industrial nation. Congress started to allow for more government agencies to manage various aspects of a busy industrial population. This is loosely based on Article 1, Section 8, Clause 7 of the US Constitution: “to establish post offices and post roads”. From this, initially Congress could establish mail service (the US Postal Service) and the roads and transportation to get the mail delivered. Since that time, the scope of this responsibility has broadened to include agencies such as Departments of transportation, public welfare, health and human services, public works, energy, environmental protection, etc.

Each of these agencies or independent regulatory commissions then has the power to set regulations dealing with their scope of interest. These regulations become a type of law that has never gone through the established system of making law (Congress). However, even though the Congress has not made the law, the people are still subject to sanctions (fines and imprisonment) if the established regulations are not followed.

The people (we the people) no longer have direct oversight of these agencies, because we do not have the power to elect these regulators or to remove them from office. However, the people are subject to fees charged and sanctions imposed by the agencies if they fail to comply with the established regulations.

Legislation from the Bench

Article 3 of the US Constitution allows for the judicial branch: “The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”

The Constitution does not definitely state that the Supreme Court has the power to declare laws “unconstitutional”. However, this has been an accepted belief since the precedent-setting case of Marbury vs. Madison in 1803. The details of this case are beyond the scope of this blog, but for more details, please refer to: http://www.lawnix.com/cases/marbury-madison.html.

Depending upon the make up of the Supreme Court, the Justices may take the position that they will interpret the law according to the original intent of the writers of the US Constitution (strict constructionist), or they may decide to take a liberal view of the Constitution and bring other forms of law [such as law from other countries or international law] into their consideration (liberal constructionist or judicial activist).

When the Court takes the position of the liberal constructionist, the Justices have created law that goes beyond the US Constitution and is not written by the Congress. (Common example: Roe v. Wade, 1973)

This chips away at the will of the people (we the people) in that the people do not elect the US Supreme Court Justices nor can the people directly remove them from office. Thus law is established without “consent of the governed”.

Executive Orders

The concept of Executive Orders is loosely supported by:

• The Vestive Clause of the Constitution: “ The executive power shall be vested in a President of the United States of America.” Article 2, Section 1, Clause 1

• The Take Care Clause: “ he shall take care that the laws be faithfully executed,” Article 2, Section 3

• The Commander-in-Chief Clause: “ The President shall be commander in chief of the Army and the Navy of the United States.”

The President of the United States writes Executive Orders. In some semblance, all Presidents have used them since George Washington. The original intent was to clarify or act to further explain a law put forth by Congress or the Constitution. They were not to be used to make law.

In 1952, President Truman wrote an Executive Order to put the steel mills under federal control. The Supreme Court struck this down because it was considered an attempt to make law.

Over time, this concept has eroded to the point that presently law is made by Executive Order with great frequency. Once again, this robs the people of their voice in how they choose to be governed.

You may be somewhat alarmed by the information that I have presented here or it may be familiar to you. In either case, you will probably ask what we can do about this erosion of our voice in government.

One thing to consider is the importance of elections of public officials. Remember that the Congress could correct most if these issues if they have the “will” to do so. We have to elect those to Congress who do have the will to make the necessary changes. Then we must hold them accountable for their actions once they are in office. Remember that “we the people” have the power to elect and remove from office.

It is vitally important that we pray for our country, and its return to its foundational beliefs.
II Chronicles 7:14: “If My people who are called by My name humble themselves and pray and seek My face and turn from their wicked ways, then I will hear from heaven, will forgive their sin and will heal their land.”

We have been commanded in God’s Word to first of all pray for those in leadership.
I Timothy 2: 1-4 “First of all, then, I urge that entreaties and prayers, petitions and thanksgivings, be made on behalf of all men, 2 for kings and all who are in authority, so that we may lead a tranquil and quiet life in all godliness and dignity. 3 This is good and acceptable in the sight of God our Savior, 4 who desires all men to be saved and to come to the knowledge of the truth.

Billy Graham on his 94th Birthday, November 7, 2012: “ The Bible says, ‘Repent therefore, and turn back, that your sins may be blotted out, that times of refreshing may come from the presence of the Lord’ (Acts 3: 19-21, ESV). Only the Gospel, God’s Good News, has the power to change lives, heal hearts and restore a nation.”

I have hope for the future of this country, but I do believe that we stand now at a crossroad. The voting population is split at almost the 50% point. It is imperative that we turn the country back toward its founding principles. If not, we are at the point of no return and will be looking at a European style of socialism.

Ronald Reagan, in his October 27, 1964 speech, A Time For Choosing, said, “We’ll preserve for our children this, the last best hope on earth, or we’ll sentence them to take the last step into a thousand years of darkness.” To read the text of this famous speech: http://www.reagan.utexas.edu/archives/reference/timechoosing.html.

It is my hope that you will read this, post comments, share this with others, and prayerfully consider the suggestions that I am making.

God bless you.

References:

Findlay, Bruce Allyn and Findlay, Esther Blair. Your Rugged Constitution. Stanford: Stanford University Press, 1950

McClellan, James. Liberty, Order, and Justice. Indianapolis, Liberty Fund, Inc., 2000

Skousen, W. Cleon. The 5000 Year Leap. National Center for Constitutional Studies, 2006

US Constitution

Billy Graham quote from AFA Journal, Jan. 2013

Foundational Facts

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness (property). — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

This statement is taken from our founding document, the Declaration of Independence. This was and is a revolutionary concept, that men would have a voice in the way that they are governed. This was written in 1776.

This statement tells us that our rights came from the Creator. To maintain these rights, we have government. The power of government rests with the people. We consent or agree to be governed. The people grant some of the power to the federal government, some to the states, and some they keep for themselves. The power that they do assign goes to officials who can easily be removed from office if they misuse or abuse the power given to them by the people.

The US Constitution was signed on September 17, 1787. This is the 226th year that this document has been in place. During that time, it has only been amended 27 times. The last amendment was ratified (accepted by the people) in 1992.

Four Things the Constitution does:

1. It sets the framework for our government.
2. It points out what powers the government may use.
3. It places restriction on government by telling which powers the people are keeping for themselves.
4. It provides an orderly way to make changes to the Constitution, if necessary.

Two Main Features of the Constitution:

1. It establishes a federal system of government. This means that the power to govern is divided between the national (federal) government and the states.
2. It establishes a government based on separation of powers. The danger of having too much power concentrated in the hands of one person or group of persons is that tyranny or a dictatorship could occur. Tyranny means a government in which all power is in the hands of one ruler or a harsh, cruel, or severe government. Dictator (ship) means a person who rules with total authority and often in a cruel or brutal manner.

In our government, the power is divided among three separate branches. These are the legislative, executive, and judicial. Each of these branches is constantly checking and balancing the power of the others.
These are some basic facts about the US Constitution. The concept of governance by the people is a very unique way for a people to be governed. There is something to be said for the fact that this has worked for well over two hundred years.

References:
Findlay, Bruce Allyn and Findlay, Esther Blair. Your Rugged Constitution. Stanford: Stanford University Press, 1950

Webster’s Dictionary for Students