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Four Branches of Government
In Our Founding Fathers' Words
By Steven King AuthorHouse
Copyright © 2015 Steven King
All rights reserved.
ISBN: 978-1-5049-1927-2
CHAPTER 1
INTERPRETATION OF PREAMBLE
In the Preamble of the Constitution what are listed are just 6 excerpts out of many purposes, goals or a future product of the Constitution, not functions of government. Most all of the purposes are listed in the Constitution's Article I, Section 8 and are what the Founding Fathers deemed necessary at that time period for the people. The document also allowed for change through legislation for future generations. Those items listed are what the Founding Fathers wanted government to legislate through legislation once the government was formed by elections. The Founding Fathers did not feel they should legislate on any of the needs of government presented in Article I, Section 8 because their duty was to form the framework of government. It would then be the duty of the newly elected government by "We the People" who then would represent "We the People" to legislate laws to meet the needs the Founding Fathers included in the Constitution.
The powers of the Constitution are handed down to government bodies and once assigned to a body of government that power then becomes a function of that government body and only that government body the power is assigned. The 6 functions of government are as follows: to execute government, interrupt laws via of the Constitution's written words and an administration of justice, to legislate laws and to execute the powers not shared by the House of Representatives and Senate. Without following these 6 functions of government none of the items in Article I, Section 8 or anything else which legislatively followed the Constitution would have been passed into law. When using one or a combination of these 6 functions this creates a designed process for government to achieve the needed goals of government; to protect the people with a military, create a lawful society with a judicial system, establish a monetary system, etc. The Founding Fathers put forth this process as a recipe for good government of the people. To deviate from this process creates a chaotic process with the people not being represented through our government system.
The functions of the human body's organs allow the processes of breathing, walking, thinking, etc. It is these processes that allow mankind to create products such as homes, planes, airports, the "Constitution", etc. For man to change these body functions and how they work, to intermingle them, changes the processes and alters nature's product (normally not for the better) being the human body. This description I offer is what has happen to the "Constitution". A intermingling of the powers (functions) of government that has changed the process (procedures of government) which alters the quality of the product being the laws of government that rule "We the People".
THE U.S. GOVERNMENT IS A FOUR BRANCH SYSTEM
I include very little opinion in my writings of the branches of government. I have backed every statement with an example of how our government works mathematically as a four branch system and can't be duplicated using a three branch system. It includes a mathematical equation that supports my conclusion and the words of the Founding Fathers that name the four branches. The book includes a dead on description of how the "government system" has changed through history that even the Founding Fathers' writings support with their fears of a centralized accumulation of power being the Federal Government. My writings support the same fear and how it is happening.
The Founding Fathers passed away centuries ago and left many questions unanswered. Some questions can be answered, some may never be answered. My intentions are to reveal and correct history to our nation of citizens. To stimulate "the People's" minds in a effort to inform the informed with correct insights and engage the uninformed with material that might spark a renaissance in the learning's of the Constitution and the Founding Fathers intent of the document known as the Constitution for the Betterment of our Nation.
During my research of the Constitution, I never came across any structural information in regards to the Constitution other than what is written in the Constitution. To my knowledge no Founding Father ever wrote anything, before, during or after the writing of the Constitution that mentioned three or four branches or the executive branch, legislative branch or branches and judicial Branch. I also could never pinpoint the time or source of who named the three branches as our government is perceived to be in its history. When and where was the first three branch schematic used to explain the government structure? To begin a defense of the three branch system it would need to start with the answers to these questions. No three branch or bicameral government has a veto overrule of the country's leader. In a bicameral style of government, I believe all legislation is done with all parties in the room and is debated and agreed upon verbally before it is actually written and then voted on. This ensures that the bill will pass after it is written unless the wording or something has changed from the original verbal agreement. The veto overrule is a huge correction of power in our government structure and is what sets our government apart from all other governments of the world.
I first want to say "the ability for someone to change their mind displays an intellect to adapt to a changing situation when based upon correct information and it is what you base your disagreement on that shows your intelligence or ignorance", are you an independent critical thinker or a herd follower. Secondly "I think everybody needs to read the U.S. Constitution in an encyclopedia to help them understand the powers of each branch of government. Then they need to compare the actual U.S. Constitution as written using an encyclopedia as a reference so they can see the differences between the two, one being the actual document and the other being a teaching tool."
The words that describe and name our branches of government in the Constitution's Articles I, II and III are the following in order of appearance: Congress, Senate, House of Representatives, Representative, Representatives, Senators, Senator, Vice President, the President of the United States, each House, either House, neither House, two Houses, that House, the other House, both Houses, a President of the United States of America, said House, the President, one supreme Court and those are all the words.
The names chosen by the Founding Fathers for our branches of government being the President, House of Representatives and supreme Court had never been used before in the history of world governments. Why did they feel the need to have names for government bodies that had never been used in a previous government system? Because the government they were creating also had never been done in history! Using three names that had never been used before in government, unique unto themselves, why would the Founding Fathers use a three branch system which had repeatedly failed throughout the history of the world? They didn't! They created the first four branch government system in the world's history. The Founding Fathers' choice to reuse the word Senate was to honor the world's first Republic government. The first Government to use the word in government was established within the Roman Empire and was a historical milestone as the first attempt at a self governing government by the people. Exactly what the Founding Fathers wanted as an end product of the Constitution, self governing by the people. To think the Founding Fathers after putting great thought into the names they chose would turn around and rename them with as mundane names as executive, legislative and judicial absolutely makes no sense (does an injustice to our Founding Fathers) and is not supported by the wording of the Constitution which is what they hoped to be a historical document. The only way for it to be a historical document is for it to continually function throughout the history of a lasting great nation.
The four government bodies have six powers or functions given to them by "We the People" in the powers of the Constitution; to execute government, interrupt laws via of the Constitution and administer justice, legislate laws and execute the powers not shared by the House of Representatives and Senate. Without using a combination of these six functions absolutely nothing happens in government. Anything that comes out of government is a purpose, a goal, a law, a product of a combination of these six functions. Now this doesn't make our government a six branch system and it doesn't make it a three branch system because someone picked out the three major functions of the six functions of government and used them to name the branches of government. The same three major functions just happen to be the second word in the first sentence of Articles I, II and III but is not the subject of any of the sentences. The "Constitution" has three main powers of government described in the document, they are distributed among four government bodies or branches of government. Our branches of government are not determined by the number of powers granted to government by the Constitution but the independent government bodies (branches) named in the Constitution by the Founding Fathers that possess an assigned power or may share a specific power of government independently of the other body or branches of government. The powers are what they are, powers, not the branches or bodies of our government. Why have all other forms of government been classified by our educational entities using their bodies of government and ours has been classified by the existing main powers of government? Keep in mind the descriptive boxes in the power schematic of our government usually have descriptions of what that branch does in government being the words executive, legislative & judicial which are adjectives and normally according to the rules of the English language describes what they do and is not the name for who they are. When these adjective words being executive, legislative and judicial are combined with the word "branch", or in my argument being "branches", were put there as a teaching tool by teachers and/or the news papers of some time period for novices (children's education and/or an uneducated public of that time regarding the Constitution) that might not understand what the President, House of Representatives, Senate, and supreme Court do in the scheme of government in relation to the highest law of the land, the United States' Constitution.
Now with a little history and math I will show how each are a branch of our government and the House of Representatives and the Senate are NOT combined under the Descriptive Phrase "Legislative Branch". When using this Descriptive Phrase being executive branch, legislative branch & judicial branch it implies three branches of government.
When you are told over and over something you begin to believe it and at some point you accept it as the Truth. There is a difference between being told and being taught. "Being told is INDOCTRINATION into a certain way of thinking without any supporting facts. Being TAUGHT is backing the curriculum with FACTS that support the SUBJECT allowing the TRUTH to be seen"!
You may still say Congress consists of the Senate & the House of Representatives which is true BUT only when they convene (assemble) or in the "Constitution" when the Founding Fathers used the term describing their shared legislative powers. Legislating laws is the first function of their two constitutional powers. The second function is to execute the powers not shared by each house and they may or may not need (depending on what power is being executed) to convene (assemble) as Congress to execute their powers given to them in the "Constitution". When the House of Representatives and the Senate convenes to form Congress that doesn't mean the House of Representatives and Senate disappear from government when becoming "Congress". The exact opposite is true! That "Congress" disappears from government when the House of Representatives and Senate are not convened. That is why the President can do recess appointments (judges, department heads) to the judicial system and government agencies or departments because congress no longer exists. To argue that our government is a three branch system means that the House of Representatives and Senate are always one under Congress. Therefore the House of Representatives and Senate would not need to convene (assemble) to legislate laws because they are one branch of government all the time which is not true. The reason they convene as Congress is because they are two separate branches of government.
After the "New World" (North America) was discovered the main people who immigrated (in the beginning) to this land were from England. What they were fleeing from was a government with absolute power dispensed by a King. They thought an ocean would separate them from that oppressive form of government but it didn't. So they fought the War of Independence to gain their freedom from that King & Country.
The Founding Fathers had to form a government that would not transform into something that repeated the form of government they fled and fought against. The Founding Fathers needed to form an elected government with separated powers. What they were worried with most was giving one body of government too much power (three versus four branches, four branches divides power even more among the branches) especially the body of government (President) that might create another King or Supreme Ruler. The Founding Fathers were much smarter than many of today's educated people that don't give them the credit they deserve for writing a document that up until my writings they didn't even understand. They had to disburse power and the functions of government evenly to government bodies or what many today refer to as "branches" of government. Now if you have three branches (Executive, Legislative, Judicial) each branch would have a percentage of power being 33 1/3% if disbursed evenly. That means the Senate and House of Representatives would each have 16.66 ... % of power. When convened as Congress would not have the power to overrule a President's veto with a 2/3 super majority vote of the Senate (16.66 ... %) and House of Representatives (16.66 ... %) because their powers combined would only equal that of the President (33.33 ... %). In a 3 branch government how does the Senate not concur or disagree with a President's appointment when the Senate's power in government is only 16.66 ... % and the President's power in government is 33.33 ... % being twice that of the Senate's power in government? When you have four branches of equal power (25% each) each branch can only agree or disagree; concur or not concur. With Presidential appointments, the President picks his choice, the Senate either agrees or disagrees; concurs or does not concur. Neither branch has the power to force its choice on the other branch. This is also true for the House of Representatives (25% of power) and the Senate (25% of power) when Congress legislates laws each branch must agree or concur to pass the bill on to the President. Congress' power must be greater than the President's power to reflect Congress's ability to overrule a President's (25% of power) veto with a 2/3 vote thus Congress' joined powers equaling 50% of government's total power.
(Continues...)
Excerpted from Four Branches of Government by Steven King. Copyright © 2015 Steven King. Excerpted by permission of AuthorHouse.
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