Sunday, July 22, 2007

The Eighth Article Papers, IV.

Section 1, Clause 6: The House of the People shall chuse the manner by which they will conduct its Rules of Proceedings, and shall chuse to expel a Member, but only with the Concurrence of two thirds.
This Clause is separated into two Parts, the first giving the House of the People the ability to chuse the Manner by which it may conduct Itself. This is important simply because different Circumstances and Times may call for different approaches towards carrying out its Duties. Similarly, the US Constitution states in Article 1, Section 5, Clause 2:

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
This Power has been available to the other Houses of Congress, and it has served these Bodies well.

Additionally, just as The House of Representatives and The Senate, The House of the People has the ability to expel a Member. This is equally important, to maintain the stability of the Body. Should a Member attempt to corrupt the Processes and functioning of the House of the People, the ability to expel that Member would wisely be made to insure the People’s House continues to Function properly. It would not be wise to give the People’s House the ability to dispel a Member with a simple Majority Vote, as this could very quickly become a Tyranny of the Majority, expelling large Numbers of the Minority opposition in order to gain a stranglehold of Power. For this reason, expelling a Member is no unimportant action, and prudence should always be exercised when deciding such an action. The requirement of two thirds of the Members chusing the expel one Member ensures this prudence.

Unlike the Constitutional Powers of Congress, the House of the People does not have the ability to punish its Members for disorderly Behaviour. One can only estimate that with a Body of 300 Million Members, this Power would be unwieldy at best, and a refuge for Despots at worse. It would be further complicated to determine how such Punishment would be met without infringing upon the Eighth Amendment of the US Constitution protection against “cruel and unusual punishments”. For these reasons, this Power is excluded from the House of the People.

Section 1, Clause 7 of this Proposal states:

The House of the People shall keep a Journal of its Proceedings, and from time to time publish the same.
Again, this language is lifted directly from the Constitution, here in Article 1, Section 5, Clause 3:

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Obviously, any Language pertaining to some 300 Million Persons exempting Language for reasons of Secrecy would be a very poor kept Secret indeed. A House of the People should have no ability to operate in Secret, but rather should operate in complete Transparency. This is why the People’s House should publish a Record of all it’s Proceedings, so that all its Members may refer to it in order to give them the Wisdom to carry out their Duties.

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