Discretionary wording is found throughout the Constitution and its Amendments.
Article I: “Each house MAY determine the rules….”
Article IV: “New states MAY be admitted by the Congress….”
Amendment IV: “…against UNREASONABLE searches…”
Amendment VIII: “EXCESSIVE bail…nor UNUSUAL punishments….”
Amendment XX: “The Congress MAY by law provide…the House of Representatives MAY choose….”
These terms are not interchangeable with mandatory dictates.
Article I: “The House of Representatives SHALL be composed of….”
Article IV: “Full faith and credit SHALL be given in each state….”
Amendment V: “…nor SHALL be compelled…to be a witness against himself….”
Amendment VI: “…SHALL enjoy the right to a speedy and public trial….”
Amendment XV: “The right of citizens…to vote SHALL not be denied…”
If transposing discretionary words over mandatory Constitutional provisions is allowed, the First Amendment could be read: “Congress MAY make no UNREASONABLE law respecting the establishment of religion….” Thus, it would not be UNREASONABLE to legislate a national church.
Some American citizens have never accepted the 2nd Amendment’s “SHALL not be infringed” mandate. Now these same Constitution deniers are claiming: “The executive power SHALL be vested in the President” is definable by Congress and/or the courts. Not in America, not yet anyway!
Chuck Klein, Columnist: American Free News Network
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