Chapter 7
Footnotes from The Forgotten Realm.
1
This story is based on my personal correspondence with William Wolfe.
2
Aaron Earls, “10 Encouraging Trends of Global Christianity in 2020,” Lifeway Research, June 10, 2020. See also “Status of Global Christianity, 2020, in the Context of 1900–2050,” Center for the Study of Global Christianity, 2020.
3
Carson, Clarence B. Basic American Government. Wadley, AL: American Textbook Committee, 1993, 18.
4
“Introduction,” Constitution of the United States, United States Senate.
Introduction Website
5
Calling a constitutional convention raises a number of legal questions as outlined in this article: Brenda Erickson, “Amending the U.S. Constitution,” National Conference of State Legislatures (NCSL).
6
Amanda Read, “The Article V Process Explained,” July 16, 2017, produced by Matthew Perdie, published by Convention of States Project, video, 3:26.
The Article V Process Explained. Website
7
The Twenty-First Amendment was a unique process in the history of constitutional amendments. It followed proposal option 1 and was then sent to the states for ratification option 2, where each state held a convention to debate and vote on the amendment’s approval.
8
James Madison, Alexander Hamilton, and John Jay, The Federalist Papers, no. 51, 320.
9
U.S. Const. art. I, § 4.
10
U.S. Const. art. I, § 5.
11
Constitution Annotated. "ArtI.S6.C1.2 Privilege from Arrest.".
12
U.S. Const. art. I, § 6.
13
“The Legislative Process: How Are Laws Made?” U.S. House of Representatives. “In a few instances, the Constitution requires a two-thirds vote of the Senate, including: expelling a senator; overriding a presidential veto; proposing a constitutional amendment for ratification by the states; convicting an impeached official; and consenting to ratification of a treaty. Under Senate debate rules, it takes a three-fifths majority of those duly chosen and sworn to invoke cloture and end debate on a piece of legislation. Senate rules also require a two-thirds vote to invoke cloture on a measure that would amend the Senate’s rules though the measure itself requires only a simple majority vote for adoption.” “About Voting,” United States Senate.
14
U.S. Const. art. I, § 5.
15
This is why bankruptcy must be filed in a federal court.
16
Overseen by the National Guard Bureau.
17
In 1929 the Permanent Apportionment Act became law, permanently setting the maximum number of representatives at 435. “How Your State Gets Its Seats: Congressional Apportionment,” U.S. Capitol Visitor Center, 1.
18
Currently, seven states have one representative: Alaska, Wyoming, Montana, North Dakota, South Dakota, Vermont, and Delaware. “How Your State Gets Its Seats,” 4.
19
Here, again, I recommend Loyola Law School’s “All About Redistricting” website. Go to the “FIND A STATE” button on the top toolbar to enter your state. The button for “CONGRESS” shows the state’s lines for equally distributing its population to be represented in the U.S. House of Representatives.
20
U.S. Const. art. I, § 3.
21
U.S. Const. art. I, § 7.
22
U.S. Const. art. I, § 3. See also “ArtI.S3.C2.2 Senate Vacancies Clause,” Constitution Annotated.
23
U.S. Const. art. I, § 3.
24
U.S. Const. art. I, § 3.
25
U.S. Const. art. I, § 3.
26
Richard Nixon resigned. See “ArtII.S4.4.7 President Richard Nixon and Impeachable Offenses,” Constitution Annotated.
27
Meaning that when the president appoints a judge to a federal court or to the U.S. Supreme Court, the Senate must vote.
28
“How Our Laws Are Made,” Congress.gov.
29
The Electoral College is the only system in American government where the word appoint actually means “elect.”
30
The number of a state’s representatives in the House of Representatives plus its two senators.
31
This paragraph is derived from U.S. Const. art II, § 1.
32
U.S. Const. amend. XII. See also Sarah Pruitt, “Can the President and Vice President Be From the Same State?” History, updated January 22, 2024.
33
“Distribution of Electoral Votes: Allocation among the States,” U.S. National Archives and Records Administration.
Distribution of Electoral Votes. Website
34
270 to Win. "Electoral College Ties.".
Electoral College Ties. Website
35
Mindy Johnston, “list of U.S. presidential elections in which the winner lost the popular vote,” Encyclopedia Britannica.
36
“Roles and Responsibilities in the Electoral College Process,” U.S. National Archives and Records Administration, July 6, 2023.
37
U.S. Const. amend. XII.
38
Scott Bomboy, “The one election where Faithless Electors made a difference,” Constitution Daily (blog), National Constitution Center, December 19, 2016. Although I cannot endorse much on this site, this history is helpful: “Faithless Electors,” Fair Vote, October 2022.
39
If January 6 falls on a Sunday, Congress may by law adjust the meeting day.
40
The best resource I have found for further information is Congressional Research Service’s “Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress,” which is updated every four years in December after the General Election.
41
Do not confuse the Department of Justice with the U.S. Supreme Court, which is a constitutional branch of government. It is a federal agency, not a court, and consists of more than forty organizations.“These include the U.S. Attorneys (USAs) who prosecute offenders and represent the United States government in court; the major investigative agencies—the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which deter and investigate crimes and arrest criminal suspects; the U.S. Marshals Service (USMS), which protects the federal judiciary, apprehends fugitives, and detains persons in federal custody; the Bureau of Prisons (BOP), which confines convicted offenders; and the National Security Division (NSD), which brings together national security, counterterrorism, counterintelligence, and foreign intelligence surveillance operations under a single authority.” “FY 2013 Annual Performance Report & FY 2015 Annual Performance Plan,” U.S. Department of Justice, I-4.
42
Ballotpedia, s.v. “President of the United States.”
43
“Agencies,” Federal Register (Daily Journal of the United States Government), U.S. National Archives and Records Administration.
44
The White House. "Presidential Personnel Office.".
Presidential Personnel Office. Website
45
This number has increased over time.
46
This number has increased over time and includes a D.C. circuit and a federal circuit, which hears special types of cases.
47
U.S. Department of Justice. "Introduction to the Federal Court System." Accessed August 27, 2023.
48
“Comparing State and Federal Courts,” Judicial Learning Center, December 30, 2020, video, 13:20. See also “A Conversation about the Courts: Judges Compare State and Federal Judicial Systems,” Judicial Learning Center, 6.
49
“A Conversation about the Courts,” 6.
50
“A Conversation about the Courts,” 6.
51
Angela J. Davis, “The Power and Discretion of the American Prosecutor,” Droit et cultures (online) 49, no. 1 (2005, online since March 2, 2010): 55–66.
52
“About the Office,” Office of the Solicitor General, U.S. Department of Justice, last updated June 16, 2023.
About the Office Website
53
“About the Office,” U.S. Department of Justice.
About the Office Website
54
“About the Office,” U.S. Department of Justice.
About the Office Website
55
Federal judges who are not Supreme Court justices as defined in Article III.
56
“A Conversation about the Courts,” 3.
57
Majority vote = 51 votes. There are 100 members in the Senate. One more than half of the senators equals a majority vote.
58
U.S. Const. art. I, § 2.
59
U.S. Const. art. I, § 3.See also “The Judicial Branch,” The White House.
The Judicial Branch. Book
60
U.S. Const. art. III, § 1.
61
A history of the development of this phenomenon can be found in David R. Berman’s book, Local Government and the States: Autonomy, Politics, and Policy, 27–42.
62
Berman, Local Government and the States, 26.
63
Berman, Local Government and the States, 27.
64
Berman, Local Government and the States, 27.
65
Capitol Hill is the location of the legislative and judicial branches of the federal government.