[quote=Freedomless]We
supposedly have 3 branches of government. When the majority of our Congressmen are attorneys, the judges are attorneys and those who are suppose to represent us in court are attorneys, do we really have three branches of government?
I just re-read the Constitution a few times, and studied on it a bit.
I find no mention of "branches."
I do find:
Article I, "legislative Powers," (plural);
Article II, "executive Power," (singular);
Article III, "judicial Power," (singular).
No "branches."
There is no "separation of powers" either: the executive is in the legislative, and the judiciary, for instance, and very greatly so.
"Checks and balances," arguably, perhaps.
The terms used in the Constitution can fairly easily be discussed using only the terms included within it. There is no need to "define" or "interpret" what is there by substituting a stated term with something else.
A Power is a Power, not a "branch."
(Government is a process not a physical object or edifice.)
The words of the document are simple, straightforward and easy to comprehend in and of themselves.
Anything latter to Amendment X is repugnant to it and the former.
(A whole lot of what comes before Amendment XI is regularly ignored by those who are generally but presumed to have sworn an Oath to uphold it.)
The preamble is by far the most salient, most powerful, most significant, and most important statement in the entire document, and lawfully is that which empowers the whole.
(The preamble to the first ten Amendments is regularly and routinely omitted from transcriptions.)
When one examines the original handwritten parchment manuscript, the position of Title to the document is quite clearly held by "We The People."
By the ordaining and establishing of "this Constitution for the United States," "the Constitution of the United States" is so referenced in Article II Section 1 paragraph eight. (Note: "the" and "the;" where there is no capitalized article, there is no Title.)
Neither "Constitution for the United States of America," nor "Constitution of the United States" holds any place of Title to the document.
Examination of the original handwritten manuscript shows that the position and style of Title, according to any accepted Manual of Style from that time period to the present, is clearly held by "We The People."
http://archives.gov/national-archive...on_zoom_1.html
The established and ordained document is clearly
notTitled as
The Constitution for the United States of America, or
The Constitution of the United States.
In fact, it is notable that an amount of care was taken to
not give Title in the handwritten manuscript other than to
We the People, and therein, quite clearly.
The term "Constitution" is capitalized as a proper noun throughout the document, and the prepositional phrase "of the United States," is generic, and is applied throughout the document.
Regardless of the motives of the assemblers of the document, it outlines a decent process, if put into honest practice.
I do not think it has been yet.