Wednesday, October 16, 2019

Common Current Misunderstandings of the Constitution: “Well-regulated,” Impeaching Congress Members and Senate Gerrymandering


           There are several new misunderstandings of the United States Constitution currently circulating, some of which have even been promoted by elected federal officials, in addition to the usual ones I have posted about before.

One of them is that the phrase “well-regulated militia” in the Second Amendment means having a lot of regulations.  It does mean anything about regulations, in the sense the word is currently used.  It refers to a regular military, with military discipline, a chain of command, uniforms, drilling and the like, as opposed to an irregular force, like guerrillas.

Members of Congress cannot be impeached, contrary to public calls, including from Donald Trump, that some of them be impeached.  Impeachment is only for the President, executive officers, judges and the Vice President.  Each chamber of Congress may expel members, however.

Another widespread misunderstanding is that gerrymandering has something to do with United States Senate elections.  Gerrymandering has nothing to do with them.  Senators are elected state-wide, not by any district that can be drawn to any advantage for an incumbent or political party.  Therefore such drawing of districts for the House of Representatives is irrelevant. 

Similarly, gerrymandering has almost nothing to do with the Electoral College, as is sometimes claimed.  Presidential and vice presidential Electors in 48 States and the District of Columbia are elected at large, not by district.  Maine, which has only two House districts, and Nebraska, which has only three, elect two Electors at large and one from each House district.  In other words, only 5 Electors out of 538 are elected by House district in districts that are not currently gerrymandered.  

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