The 4th Branch

The 4th Branch

The common belief is that the constitution establishes three branches of our government. This is incorrect as I will attempt to explain. The first three are well known, but let’s go over them for old times sake and perhaps a little clarification.

The first branch of our government to be mentioned in our Constitution is the legislative. The Constitution takes some pains in laying out the duties and responsibilities of this branch and divides it into two separate and distinct houses. This has become known as a bicameral form. The primary and well delineated responsibility is the enactment of laws and the Constitution is quite clear in stating that this is the only branch of government that may do this. They have abrogated much of this responsibility through both laziness and greed in recent years. You see the founding fathers did not foresee the advent of the professional politician. The Patriot Papers make this quite clear when Hamilton points out that the expected course of events would be for a citizen to serve his time in office and go back to the private sector where he (back then it was inconceivable that a women would even want such responsibility. Thankfully that has changed.) could better support his family,. Yeah, this too has changed. Nowadays you can get rich in politics, but that is another blog.

Among the other responsibilities of the legislature is a little known one. Believe it or not, the Seargent of Arms of the United States House of Representatives is the only person with the Constitutional authority to arrest the President. Upon the direction of those elected representatives, he and only he is required to arrest the President.

The second branch mentioned is the so called Executive Branch. The duties and the responsibilities of this branch is primarily to enforce the laws passed by Congress. To be sure, there are other lesser responsibilities placed upon him, but, again that is another blog. Would you believe that the only law enforcement agency the constitution set ups is the office of county Sheriff? There is no mention that this is the only such agency that the government may establish.

The third branch is the judiciary. The supreme court is specifically designated to settle disputes of constitutionality of the laws passed by congress and the impeachment power over lesser judges.

OK, that covers the first three Articles of the Constitution. What about that 4th branch I mentioned. That is established in the fifth Article. You see the fifth article gives the power of the fourth branch by establishing the Constitutional right and responsibility pf the people to Amend the constitution and prevents any government, local, county, state or federal from interfering with that process. Upon passage by two thirds of the state legislatures a thing called a Convention of States MUST be established to propose amendments to that Constitution. Amend not rewrite. The Constitution clearly establishes this fourth branch to protect the people and to be another of those ‘checks and balances’. The Constitution was established to place the major responsibility to govern on the states. The governmental body closest to the people. A court decision may have put it best: “This framework has been sufficiently flexible over the past two centuries to allow for enormous changes in the nature of government. The Federal Government undertakes activities today that would have been unimaginable to the Framers in two senses; first, because the Framers would not have conceived that any government would conduct such activities; and second, because the Framers would not have believed that the Federal Government, rather than the States, would assume such responsibilities. Yet the powers conferred upon the Federal Government by the Constitution were phrased in language broad enough to allow for the expansion of the Federal Government’s role.

New York v. United States, 505 U.S. 144, 157 (1992).”

What we need to do is use this Constitutional right to tighten up the constitution and return the power to the states and thus we the people.

People much better qualified than me have established a web site where you can learn all of the ins and outs and find the answers to all of your questions about this process at this link: Convention of States


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