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  •  The Congress existed before the United States (0+ / 0-)

    in order to form the United States Congress began with the Declaration of Independence and the Articles of Confederation.

    During the revolution many members of the Congress were still part of organizations like the Sons of Liberty.

    From the British perspective these were terrorist groups that had yet to form States. They undoubtedly still thought of themselves as part of colonies or provinces of Great Britain.

    After The Articles of Confederation were agreed to they then evolved into the Constitution at the Philidelphia convention which were established by the members of Congress in their dominions and provinces when after Shay's Rebellion it was recognized that Congress needed more power.

    The Thirteen Colonies were British colonies in North America founded between 1607 (Virginia), and 1732 (Georgia). Although Great Britain held several other colonies in North America and the West Indies, the colonies referred to as the "thirteen" are those that rebelled against British rule in 1775 and proclaimed their independence as the United States of America on July 4, 1776.

    Not until 1786 did the Congress begin to revise the Articles of Confederation into a Constitution, possibly because of what happened with Shay's rebellion

    The Annapolis Conference In September 1786 Virginia called together the states into a convention in Annapolis, Maryland to discuss the state of commerce in the country...only five states, out of thirteen, showed up. They did, however, suggest another conference in Philadelphia to discuss the problems in the current government.

    Alexander Hamilton submitted a report, on September 14, 1786, to Congress saying it was needed to "take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union."

    Congress approved the plan to hold another convention on February 21, 1787. This next Convention will later be known as the Philadelphia Convention.

    The Philadelphia Convention(now also known as the Constitutional Convention, the Federal Convention, or the "Grand Convention at Philadelphia") took place from May 25 to September 17, 1787, to address problems in The United States of America following independence from Great Britain.

    Although it was purportedly intended only to revise the Articles of Confederation, the intention of many of the Convention's proponents, chief among them James Madison and Alexander Hamilton, was from the outset to create a new government rather than "fix" the existing one.

    It was not since The Annapolis Conference that the states had seriously considered the situation of the Articles of Confederation. The delegates elected George Washington to preside over the convention.

    The result of the Convention was the United States Constitution.

    The original role of the President was to preside over the convention of the Congress. It was Congress that created both the Executive Branch and the judicial branch as none existed under the Articles of Confederation.

    This is a partial list of notable United States federal legislation, in chronological order. At the federal level in the United States, legislation (a.k.a. "statutes" or "statutory law") consists exclusively of Acts passed by the Congress of the United States (and its predecessor, the Continental Congress), that were either signed into law by the President or subsequently passed by Congress after a presidential veto.

    Legislation is not the only source of regulations with force of law. However, most executive branch regulations must originate in a congressional grant of power.

    Executive orders of the President; regulations of Executive branch departments and administrative agencies; and the procedural rules of the federal courts must originate in a congressional grant of power.

    A regulationis a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine.

    This administrative law or regulatory law is in contrast to statutory or case law.

    Regulation mandated by the government or state attempts to produce outcomes which might not otherwise occur, produce or prevent outcomes in different places to what might otherwise occur, or produce or prevent outcomes in different timescales than would otherwise occur.

    Common examples of regulation include attempts to control market entries, prices, wages, pollution effects, employment for certain people in certain industries, standards of production for certain goods and services.

    The economics of imposing or removing regulations relating to markets is analysed in regulatory economics.

    Regulation as a legal term
    A regulation as a legal term is a rule created by an administration or administrative agency or body that interprets the statutes setting out the agency's purpose and powers, or the circumstances of applying the statute.

    A regulation is a form of secondary legislation which is used to implement a primary piece of legislation appropriately, or to take account of particular circumstances or factors emerging during the gradual implementation of, or during the period of, a primary piece of legislation.

    Other forms of secondary legislation are statutory instruments, statutory orders, by-laws and rules. Some of these (but not all of them) need to be referred back before being implemented, to the primary legislative process.

    Types of regulation
    Regulations, like any other coercive action, have costs for some and benefits for others. Efficient regulations may only be said to exist where the total benefits to some people exceed the total costs to others.

    Regulation are justified using various reasons and therefore can be classified in several broad categories:

    The Judiciary Act of 1793 is a United States federal statute, enacted on March 2 1793.

    This act of the First Congress established the structure of the federal judiciary, the basic structure of which has remained intact.

    The Constitution stipulated only that the federal court system should consist of (1) a Supreme Court having original jurisdiction in certain cases and (2) "such inferior Courts as the Congress may ... establish."

    Congress could have declined to create lower courts, making state courts rule first on almost all federal issues.

    Such cases would then appear before the single federal court. Instead, the 1789 act created two lower levels of courts.

    Federal district courts, each with a district judge, composed the lowest level. Their district boundaries generally matched state lines. Every federal district also fell within the circuit of one of the three second-level courts, the circuit courts.

    Two Supreme Court justices and one district judge composed each circuit court bench; they traveled to each district to hear cases twice a year. When cases involved parties from differing states, they usually received their first hearing in the circuit courts. Occasionally, circuit courts also heard appeals from district courts.

    In addition to creating courts, the 1789 act granted the Supreme Court a controversial power to order federal officials to carry out their legal responsibilities.

    Live Free or Die --- Investigate, Incarcerate

    by rktect on Sat Mar 31, 2007 at 07:23:16 AM PDT

    [ Parent ]

    •  Again, you fail to cite any authority (0+ / 0-)

      And after the Declaration of Independence each state was sovereign.  So Congress exists only pursuant to delegation of authority by states not the other way around

      •  The links are the cites (0+ / 0-)

        After the Declaration of Independence each State was Sovereign until they ratified the Articles of Confederation ten years later.

        The Stamp Act Congress dated to 1754 but not many states or people showed up.

        in 1775 the First Congress met to pass the Declaration of Independence, as late as 1786 Virginia called a convention and only five states showed up. There was no judiciary until the Judiciary act of 1793. In 1786 The Articles of Confederation United the States as a nation

        Live Free or Die --- Investigate, Incarcerate

        by rktect on Sat Mar 31, 2007 at 12:02:14 PM PDT

        [ Parent ]

        •  Articles of Confederation (0+ / 0-)

          did in no way diminish state sovereignty.  

          Congress did not pass declaration of independence.  Those people were not elected by anyone.  

          And if you notice, the First Congress is the one that met after the adoption of the Constitution.

          Please cite authority that even remotely suggests that all power resides in Congress and that the power of other branches and entities (states) is simply at Congressional sufference. Also explain how if Congress is all powerful can its acts be stricken down as ultra vires.

          •  The articles of confederation and permanent union (0+ / 0-)

            created a permanent union which enhanced the power of the states by combining them into a congress so they could act together to fight indians, pirates and other invaders, and enhanced the power of the congress because among other things, only the central government is allowed to conduct foreign relations and to declare war.  

            The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America.

            It was written in summer 1776 and adopted by the Second Continental Congress on November 15, 1777, after a year of debate.

            In practice it served as the de facto system of government used by the Congress ("the United States in Congress assembled") until it became de jure by final ratification on March 1, 1781.

            At that point Congress became Congress of the Confederation. The Articles set the rules for operations of the United States.

            The confederation was capable of making war, negotiating diplomatic agreements, and resolving issues regarding the western territories, and the ability to print money and borrow inside and outside the US.

            One major weakness was it lacked taxing authority. A second weakness was one-state, one-vote. The larger states were expected to contribute more but had only one vote.

            As Benjamin Franklin complained, "Let the smaller Colonies give equal money and men, and then have an equal vote. But if they have an equal vote without bearing equal burthens, a confederation upon such iniquitous principles will never last long."[1]

            It was initially intended only as a weak national government designed to manage an emergency, and as such, following the conclusion of the War and the onset of new priorities, its many conspicuous inadequacies became glaringly obvious.

            It was replaced by the much stronger United States Constitution upon the latter's ratification on June 21, 1788.

            ...
            Even though the Articles of Confederation and the Constitution were established by many of the same people, the two documents were very different. The original five paged Articles contained thirteen articles, a conclusion, and a signatory section.

            Establishes the name of the confederation as "The United States of America" and says it is a "perpetual Union."

            Explains the rights possessed by any state, and the amount of power to which any state is entitled.

            Establishes the United States as a league of states united ". . . for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them . . ."

            Establishes freedom of movement–anyone can pass freely between states, excluding "paupers, vagabonds, and fugitives from justice."

            All people are entitled to the rights established by the state into which he travels.

            If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed.

            Allocates one vote in the Congress of the Confederation (United States in Congress Assembled) to each state, which was entitled to a delegation of between two and seven members.

            Members of Congress were appointed by state legislatures; individuals could not serve more than three out of any six years.

            Only the central government is allowed to conduct foreign relations and to declare war.

            No two states can form an alliance without permission of Congress.

            No states may have navies or standing armies, or engage in war, without permission of Congress
            (although the state militias are encouraged)

            When an army is raised for common defense, colonels and military ranks below colonel will be named by the state legislatures.

            Expenditures by the United States will be paid by funds raised by state legislatures, and apportioned to the states based on the real property values of each.

            Defines the rights of the central government: to declare war, to set weights and measures (including coins)

            Congress serves as a final court for disputes between states.

            Defines a Committee of the States to be a government when Congress is not in session.

            Requires nine states to approve the admission of a new state into the confederacy; pre-approves Canada, if it applies for membership.

            Reaffirms that the Confederation accepts war debt incurred by Congress before the articles.

            Declares that the articles are perpetual, and can only be altered by approval of Congress with ratification by all the state legislatures.

            And if you notice, the First Congress is the one that met after the adoption of the Constitution.

            No, thats the First Constitutional or Federal Congress, but the fourth Congress engaged in forming the United States.

            The First Continental Congress was a body of representatives appointed by the legislatures of twelve North American colonies of Great Britain in 1774. It met briefly then set up its successor, the Second Continental Congress, which organized the Americans into war against Britain.

            The Congress met from September 5, 1774, to October 26, 1774. From September 5 through October 21, Peyton Randolph presided over the proceedings; Henry Middleton took over as President of the Congress for the last few days, from October 22 to October 26.

            The Congress had two primary accomplishments. First, the Congress drafted the Articles of Association on October 20, 1774. The Articles formed a compact among the colonies to boycott British goods, and to cease exports to Britain as well if the "Intolerable Acts" were not repealed. The boycott was successfully implemented, but its potential at altering British colonial policy was cut off by the outbreak of the American Revolutionary War in 1775.

            Its second accomplishment was to provide for a Second Continental Congress to meet on May 10, 1775. In addition to the colonies which had sent delegates to the First Continental Congress, letters of invitation were sent to Quebec, Saint John's Island, Nova Scotia, Georgia, East Florida, and West Florida, but they did not send delegates.

            Please cite authority that even remotely suggests that all power resides in Congress and that the power of other branches and entities (states) is simply at Congressional sufference. Also explain how if Congress is all powerful can its acts be stricken down as ultra vires.

            The Constitution of the United States, Article I Section 8 Congress shall have the power...

            You should know Section 8 by heart by now.

            To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

            Because it has all the power, Congress can delegate power as necessary without any confusion as to where it comes from.

            It Declares War, it funds and defunds the War, it creates an army and navy and whatever else it needs to win. It makes the rules and when all is said and done to its satisfaction it disbands the army and the navy and whatever else is no longer needed and sends the militia it called up to serve home.

            In terms of Presidential powers its sort of like employing a contractor or project manager. Congress tells the President what to do and he is empowered to do as he's told.

            In terms of judicial powers Congress originaly used the justices as circuit riders but now uses the Supreme Court as competent administrators to check its laws for agreement with precedent.

            Over the last couple of hundred years people have cleverly ursurped power from Congress using various excuses, its an emergency,  its necessary to have separation of powers, we need judicial restraint, executive privledge, national security, but if you are a Federalist and believe in preserving protecting and defending the Constitution and the laws of the United States then its probably a good thing to keep around.

            Live Free or Die --- Investigate, Incarcerate

            by rktect on Sat Mar 31, 2007 at 05:20:40 PM PDT

            [ Parent ]

            •  Cite relevant authority that suppports (0+ / 0-)

              your outlandish interpretation of Art. I Sec. 8.  Explain how acts of Congress can be ultra vires.

              US Congress is not a continuation of Continental Congress.  That is evident in the fact that Rhode Island for instance was not governed by the US Constitution (even though it ratified Articles of Confederation) until such time that it chose to become part of the United States by ratifying the US Constitution.  It was not bound by the fact that other states ratified the Constitution and was not part of the Union.

              Nor did Congress write the Constitution.  It was written by a Constitutional Convention that had no relation whatever to Congress.

              For future posts, do not requoute Art. I, since we disagree as to its meaning.  Cite authority that supports your interpretation.

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