Tuesday, November 04, 2008

A republic if you can keep it

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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section. 5.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section. 6.

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section. 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.


Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.


Article III.

Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.


Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.


Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.


Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.


Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

G°. Washington
Presidt and deputy from Virginia

Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll

Virginia
John Blair
James Madison Jr.

North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson

South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler

Georgia
William Few
Abr Baldwin

New Hampshire
John Langdon
Nicholas Gilman

Massachusetts
Nathaniel Gorham
Rufus King

Connecticut
Wm. Saml. Johnson
Roger Sherman

New York
Alexander Hamilton

New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton

Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris



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The Bill of Rights
Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.


Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.


Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.




The Constitution: Amendments 11-27
AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.


AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

*Superseded by section 3 of the 20th amendment.


AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*Changed by section 1 of the 26th amendment.


AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.


AMENDMENT XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.


AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.


AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

Section 1.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.


AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.


AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.
The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.


AMENDMENT XXII

Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.


AMENDMENT XXIII

Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1.
The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XXIV

Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1.
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.


AMENDMENT XXVI

Passed by Congress March 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.

Section 1.
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XXVII

Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

Monday, November 03, 2008

On election eve

Tomorrow morning election officials will arrive at their assigned polls at 5 AM. There is an elaborate process of unsealing the machines, signing witness documents, arranging the sign in books, to ensure that the election is properly conducted.

Through out what promises to be a very busy day, election officers will work to administer the election. They will have to cope with anxious voters, and in many cases, long lines.

There will be partisan poll workers who are too aggressive with voters, who will have to be informed that they need to tone it down. There will be some partisan polls workers who engage in inappropriate voter challenges. It will be the job of the election officers to make sure that poll watchers do not cross the line of what is appropriate. At the same time it is the role of partisan polls workers to make sure that election officers do not violate election rules. Both play a crucial role in a democratic society.

Election officers must remain at the polls until the votes are counted. In a presidential year that could be as late as midnight. That means working for nineteen hours in a politically charged atmosphere.

In addition to the usual tensions, this year election officials must cope with unprecedented mistrust in the voting machines.

This is a difficult job, please treat the elections officers with respect.

Biggest public relations blunder of the campaign

Ss_212x





    We are going to fly our company's reputation right off a cliff.




Mercenary Firm Offers to 'Detain Troublemakers' on Election Day

CIA-linked private military contractor Evergreen Defense & Security Services offered to post sentries at Oregon election offices on Tuesday, "detaining troublemakers" and making sure voters "do not get out of control."


It is important to coordinate PR with marketing in order to avoid this sort of Wylie Coyote marketing.

Mischaracterizing the debate on net neutrality

Telecoms sector braces for Democratic change
WASHINGTON (Reuters) - A Democratic sweep in Tuesday's U.S. elections may clear the way for changes to Internet policy sought by Google Inc GOOG.O that would bar Internet providers from discriminating against some Web content.

The "net neutrality" issue pits Internet service providers (ISPs) like Comcast Corp (CMCSA.O: Quote, Profile, Research, Stock Buzz) and AT&T (T.N: Quote, Profile, Research, Stock Buzz) against content companies like Google and Microsoft Corp (MSFT.O: Quote, Profile, Research, Stock Buzz).

"Probably the thing that scares the industry the most about a Democratic administration is regulating the Internet," Dan Hesse, chief executive of Sprint Nextel (S.N: Quote, Profile, Research, Stock Buzz), said in a speech in Washington on October 24.


First of all this is not a debate about the merits of Internet regulation, it is a debate about who is going to regulate the Internet, a cabal of Internet Service Providers or the people's government. Secondly, this is not a debate between content providers and Internet Service Providers; this is a debate between Internet service providers and everybody else.

Call for Papers: 2009 multi-conference

PromoteResearch.org
The 2009 multi-conference (MULTICONF-09) in computer science, information technology, computer engineering, computational science, control and automation technology will be held during July 13-16, 2009 in Orlando, FL, USA. The venue details will be announced later on.

Click on the following links for more information about MULTICONF-09:

International Conference on Artificial Intelligence and Pattern Recognition (AIPR-09)

International Conference on Automation, Robotics and Control Systems (ARCS-09)

International Conference on Bioinformatics, Computational Biology, Genomics and Chemoinformatics (BCBGC-09)

International Conference on Enterprise Information Systems and Web Technologies (EISWT-09)

International Conference on High Performance Computing, Networking and Communication Systems (HPCNCS-09)

International Conference on Information Security and Privacy (ISP-09)

International Conference on Recent Advances in Information Technology and Applications (RAITA-09)

International Conference on Software Engineering Theory and Practice (SETP-09)

International Conference on Theory and Applications of Computational Science (TACS-09)

International Conference on Theoretical and Mathematical Foundations of Computer Science (TMFCS-09)


Call for Papers: DC BSDCon 2009

TaoSecurity
I was pleased to hear from Jason Dixon, who told me that he is organizing DC BSDCon 2009 on 4 and 5 February 2009 at the Washington Marriott Wardman Park. This is right before ShmooCon 2009 and has been coordinated with that group.

DC BSDCon has a call for papers open until 1 December, with selections announced on 15 December. I will probably submit a presentation.

Thursday, October 30, 2008

Snake oil under color of OSINT

I am learning about Open Source Intelligence (OSINT), which is the analysis of publicly available information to deduce intelligence trends. The CIA has now formally adopted Open Source Intelligence as one of its many tools to be used in defense of national security.

Much that is marketed under color of OSINT is nothing more than snake oil. Every sort of rant, paranoid fantasy, imperial hubris, and just plan racism, is offered up as careful analysis to be considered seriously. We need an aggressive press to sort the wheat from the chaff. Based on recent history, I am not optimistic.

Why Cloud Computing will be a growth sector in a down economy

If you are a systems integrator, you are searching for a way to save your customers money while maintaining profits. In the past your price to your customer included the cost of hardware, software, plus the price of your own custom development and installation. With Cloud Computing you can eliminate the cost of hardware, drastically reduce the cost of software to actual usage, and charge the same for your services. Thus the price you offer your customer is drastically lower while your company’s profits remain the same. There is no wonder why developers are stampeding into the Cloud Computing market.

Wednesday, October 29, 2008

Words of wisdom from Scott Baradell

PR Tweet of the day: The most important thing in communication is to hear what isn't being said.

This is soooooooo true. It is the most important thing my late father taught me in selling and it is as true in public relations. What people are not saying tells you much more than what they are saying.

There are certain objections prospects raise right before they buy, absence of these questions is a dead give away that they are not seriously considering buying. Lack of follow questions from a reporter is a frequent indicator that they are not seriously interested in the story. The silence tells you so much more than the words.

Tuesday, October 28, 2008

Three cheers for Josef Ackermann

Wall Street banks in $70bn staff payout
Pay and bonus deals equivalent to 10% of US government bail-out package

Pay plans for bankers have been disclosed in recent corporate statements. Pressure on the US firms to review preparations for annual bonuses increased yesterday when Germany's Deutsche Bank said many of its leading traders would join Josef Ackermann, its chief executive, in waiving millions of euros in annual payouts.


Well done Josef Ackerman, it is nice to know that someone in management has a sense of proportion.

Monday, October 27, 2008

New to me local PR blog

Bulletproof, the blog on crisis communications.

Great moments in government relations PR

Amazon.com listing had Barack Obama Halloween mask under 'terrorist'

I have a question for Jeff Bezos, what does a stunt like this do to the image of Amazon? There is a real possibility that not only will Obama win; but that he will win big. So how do you think his supporters feel about Amazon? Can Amazon afford a fight with Obama's supporters? And why would you pick such a fight? What is the upside?

In the event of an Obama victory, what is this going to do to your relations with the new administration?

One more question, are you proud of this stunt?

Thursday, October 23, 2008

e-Discovery; not just for email anymore!

The Big Picture has been following the House Committee on Government Oversight and unearths this little Instant Messaging gem from S&P analysts:
Rahul Dilip Shah: btw: that deal is ridiculous

Shannon Mooney: I know right ... model def does not capture half of the risk

Rahul Dilip Shah: we should not be rating it

Shannon Mooney: we rate every deal

Shannon Mooney: it could be structured by cows and we would rate it


Instant Messaging and social media are going to add a whole new element to records management and e-discovery.

Call for Speakers: Enterprise Search Summit 2009

Deadline November 10, 2008
We are now accepting proposals to speak at Enterprise Search Summit 2009, which will be held May 12-13 in New York. (Pre-conference sessions May 11). Click here to submit a proposal. The deadline for submitting proposals is November 10, 2008.

Author and friend

Internet stukachi

Students Competing For Slots At Elite Colleges Resorting To "Facebook Sabotage"
Students competing to get into the nation's most elite colleges and universities have begun to use sneaky, under-handed tactics involving Facebook, according to a new report from the Chicago Tribune. Via anonymous letters mailed to college admission offices, applicants suggest to admission officers that they check out the photos on a rival's Facebook page before determining whether or not to accept them into the institution. With competition for spots fiercer than ever, the experts cited in that article believe this marks the beginning of a new trend: "Facebook sabotage."


If our institutions of higher learning are permitting themselves to be guided by the Linda Tripps of this world, we are in very serious trouble.

Wednesday, October 22, 2008

Why journalism matters: Nigel Brennan and Amanda Lindhout

Somalia Journos’ Kidnapping: Inside Job Rumor Persists

Two months ago two foreign journalists and their Somali colleagues were abducted while reporting on refugees outside Mogadishu. Aussie Nigel Brennan and Canadian Amanda Lindhout and as many as three Somalis were grabbed on the heavily traveled Afgooye Road, apparently under the noses of Ethiopian troops. My friend Mohamed Omar Hussein, a reporter in Mogadishu, relayed rumors that the grab was an inside job — that the journos’ bodyguards, provided by the popular Shamo Hotel, perhaps were behind the crime.


All our prayers for their safe return.

How not to use FaceBook

Aaron Brazell
The spam is a nifty little trick where you publish an event, group or picture of a product, service or event. Pretty typical Facebook activity, really.

Spamming PR people then use Facebook’s “tag” feature, something that is more in context for photos where you can tag someone that is in the photo and they receive a notification that they’ve been tagged. People like me are tagged in Facebook content where we have no context with the expectation that we will be notified of the content (event, whatever) and will click through and maybe cover their product.

So. Not. Cool.

This flack doesn't have a FaceBook account; but as I am in the custom of aggressively tagging things on every topic on which they could conceiveably be searched, this is the sort of error I might have made. Not now. Thank you Brazell for explaining why this is not such a hot idea.

Tuesday, October 21, 2008

New to me local tech blog

Semprebon on Software; The search for better software development tools and techniques

Developing secure software for Macs

10 Things I Learned from C4[2]
Security is scary, but not as scary as not succeeding.

There was a wild presentation on security that said: don’t pretend to be a security expert. Stick to using the Keychain or bcrypt for passwords, use openssl or gpg. Don’t use installers or open up listeners on ports. Don’t write directly into the DOM. But all of that doesn’t matter if your business doesn’t succeed if you don’t have a nice looking application and it is unstable or slow. Also, filter user-supplied content and write a fuzzer for the content you accept. Make sure you have a security contact, use a crash reporter, and use auto-update securely. Finally, turn off Java in your web browser to prevent against some of the newer, crazier attacks like GIFAR.


Good to know that Mac developers are not complacent about security.

Monday, October 20, 2008

In praise of user groups

Alan Pelz-Sharpe
At user group meetings you get the Real Story, you talk to your peers. Whereas at the vendor's own annual event, you endure hours of sales pitches, and ecstatic announcements of new bells and whistles to come in the next release. Of course few people really care that much about the next release; they care about getting value from the release they currently use, typically some version well behind the latest.

I think for tech flacks, user groups are indispensable. This is the ultimate audience for your press releases. This is how you learn about your customer's customer.

Social media is NOT free

Jennifer Leggio has an interesting post on social media; but I have to disagree with this assertion:
Can you do any of this for free? Are there people on your team or other teams who are social media savvy who would love the visibility of a cutting edge project?


This flack
is on record as recommending that companies encourage their employees to participate in social media and frequently holds up the Microsoft bloggers as an example. But this is not free, it is an additional duty for these workers for which they should receive recognition.

The job of the social media consultant is to help develop a company blogging policy (explaining what is meant by don't be stupid), provide tips for blogging platforms, and, most critically, monitoring the blogosphere to alert the company of any controversy they need to respond to and what that response should be.

However, I love the quote from Tony Hsieh of Zappos.com, “We don’t really think of social media as a marketing channel; that would be kind of like asking about ROI on answering phones.”

New Media for Small Business video conference

Small business video conference from Network Solutions
Network Solutions is producing the Solutions Stars Video Conference on October 29 at 1 p.m. This free video conference aims to provide insights and online marketing tips to small businesses. It will be of great service to small businesses, particularly now that the economy has gotten tough, and it’s not as easy to attend a conference in person.


They have a great line up, check it out.

Friday, October 17, 2008

The coming boom in criminal justice IT

http://www.freewebs.com/kennelkitinkaenglish/kenraalinuuh.jpg


Cash crunch could result in more corruption cases

“We’ve seen the high-water mark for [Foreign Corrupt Practices Act] cases,” said Steven Tyrrell, chief of the Justice Department’s fraud section, speaking at a Securities Industry and Financial Markets Association conference today. “[But] I believe we have yet to reach the crest of the wave.”

While the current credit crisis, and the lawsuits and prosecutions related to it, may produce a crop of additional FCPA cases, Mr. Tyrrell noted the recent boom of sovereign wealth funds is an area of particular interest to the Justice Department, though it has not yet garnered any definitive cases.


Desperate men will do desperate things.

Anonymice strike again

The image “http://www.foxnews.com/images/236603/0_61_fat_wine_mice.jpg” cannot be displayed, because it contains errors.
You have no law we need take notice of.




Associated Press: FBI investigates ACORN for voter fraud
Both officials spoke on condition of anonymity because Justice Department regulations forbid discussing ongoing investigations particularly so close to an election.


The Justice Department officials knew that they were breaking the law by leaking this to the Associated Press, and the reporter knew that she was collaborating in a crime by running the story. What's next? Are we going to blow a CIA case officer's cover? Oh right ...

How to increase the impact of your monthly meeting

UStreamTV

We are all TV producers now.

New launches in online advertising

CMS Wire reports that Google has created an online ad builder that enables advertisers to build their own ads without hiring a professional. I suspect the real skill lies in purchasing the right key words.

Impelsys is now offering a new content management system for selling print content online: iPublishCentral.

Thursday, October 16, 2008

Al Gore's movie

Al Gore's movie, An Inconvenient Truth, has succeeded in transforming our national conversation more than I thought possible. CNET has an entire Green Technology section. Any chance that would have happened absent his movie?

More marketing with video on the web

Lewis Shepherd has a intriguing post on Microsoft's new Touchless software, which has a nifty video explaining the concept.

Clearly all new product launches are going to require a video. One more skill to be learned.

Wednesday, October 15, 2008

Dept. of irresponsible allegations

Kurt Cagle throws around some wild accusations in his XBRL column.
While there are many culprits to blame in this (and its easy to blame anyone and everyone) one group of individuals that are getting especially heavy scrutiny are the banking regulators. It is very likely that some corruption exists here - suborning the regulatory mechanism is the very first step necessary in order to make the kind of deals that ultimately led to the financial collapse possible, and there is no doubt that more than a few regulators should probably be wearing prison orange jumpsuits right now.


And the evidence for that would be? Truly, before you start throwing that sort of allegation around you need to be able to document it chapter and verse. Did the regulators fail to uphold the law? Or was the law bent by their political masters? We will need a detailed analysis of the financial follies of the last decade in order to know who needs to be held accountable.

John Stewart on the blame game
.

Tuesday, October 14, 2008

The public relations of high profile litigation

This blog has been on record for years that the growth sectors of our profession will be those which cope with the aftermath of the misconduct, political and financial, of the past eight years.

While this blogger has no personal experience in legal public relations, some things are clear. The ideal is to fight your case in court; the reality is that what happens in the courthouse is greatly affected by the larger debate. Indeed, which controversies explode into full scale legal investigations, and which deflate will, in part, be driven by public relations. No one should think that aggressive PR can fend off potential prosecution, but it can avert fishing expeditions. In the event of investigations, or high profile congressional inquiries, good PR can minimize the damage. Console yourself with the thought that there will be so many controversies in the future that yours may be relegated to sideshow status.

First, do an internal review. What part of your present operation is likely to attract unwelcome attention? Those of the things that need to change before Henry Waxman hauls you before the cameras to berate you. Review your records management policy and be sure it can cope with the revised rules of civil procedure. It is probably advisable that you set up a meeting with your internal PR spokesman, corporate council, and CIO.

Make your friends before you need them. This blogger assumes you have a PR effort that is cultivating the reporters in your field; be sure to include a social media component to that. I recommend encouraging your employees to blog, Tweet, or participate in whatever social media attracts them. The role of house PR should be to monitor social media along with the traditional media to spot relevant trends and discussion lines.

In the event of controversy your first job is to get the facts out as soon as is consistent with accuracy. Your corporate website has a news section doesn’t it? You do post your press releases in HTML as opposed to PDF right? You do have an RSS feed on the news section of your corporate website? All these things will be critical in the event of a high profile controversy.

In the event of litigation, consider establishing an online library of the public documents connected to the case. If you choose this route you must include all the public documents in the case as a carefully edited selection will invite ridicule. A comprehensive collection of the documents tells the general public that you consider the facts to support your company.

Litigation support: growth sector of IT

Via Gabe's Guide:
Subprime mess sends number of fraud lawsuits higher
Investors sued 110 companies for alleged stock fraud in the first half of this year, up from 107 in the previous six months, according to a study released Tuesday by the Stanford Law School Securities Class Action Clearinghouse and Cornerstone Research. About half of the suits included claims related to subprime and other credit losses, the authors of the study said.


Subprime fiasco keeping class action lawyers busy


SEC to Examine Subprime Accounting

Accounting software and criminal justice IT should also see substantial growth.

Sigh.

Note - Gabe's Guide and Kevin LaCroix take a similar view.

Monday, October 13, 2008

Ultra cool DARPA request for proposal

DARPA calls for help in designing submersible aircraft
October 9, 2008 (Computerworld) It may sound like something out of a James Bond movie, but the U.S. military's Defense Advanced Research Projects Agency is putting out the call for researchers to come up with a design for a submersible aircraft.

Yup, you read it right. DARPA, a research branch of the U.S. Department of Defense, is looking for someone to prove that a vehicle can be built that will fly, as well as maneuver underwater.

The call for research went out earlier this month, and initial proposals are due by 4 p.m. EST on Dec. 1

Thursday, October 09, 2008

Someone is spoofing the FDIC

This morning's mail brought a missive allegedly from the FDIC asking me to use a link to check my account. Obviously I realized the FDIC does not send email about such matters.

I contacted the FDIC by phone and was assured that they were aware of the scam and were in the process of shutting it down.

The Federal government takes an extremely dim view of this sort of fraud. I predict the perpetrators will be brought to justice.

Edit -
FDIC Consumer Alerts

Wednesday, October 08, 2008

Understanding our economic situation

This is a public relations/marketing/technology blog. Rather than attempt to offer any insight I will just offer my preferred sources of economic and financial news:

The Levy Institute

The bonddad blog

The Housing Bubble

Nouriel Roubini's Global EconoMonitor

Calculated Risk

All of these sources predicted the real estate and related credit crash years before it finally happened.

Monday, October 06, 2008

Email, it always comes back to email

MORTGAGE MELTDOWN
And, to be sure, fraud is everywhere. It's in the loan application documents, and it's in the appraisals. There are e-mails and memos floating around showing that many people in banks, investment banks and appraisal companies - all the way up to senior management - knew about it.


It's a great time to be in e-discovery and litigation support.

Friday, October 03, 2008

Why you should read that boring press release redux

Reading Aaron Brazell’s Twitter feed this morning, I was reminded of this previous post.

Let me begin by stating what I consider the role of flacks and the role of hacks.

The role of flacks is to present our client’s message to the public in a way that is compelling, relevant, and persuasive. That means we must do our best to identify the columnists, reporters, bloggers, and all other influencers relevant to our client’s business. We must do our best to understand the preferences and idiosyncrasies of these influencers. Do they prefer email, web form, or are they one of those rare individuals who actually prefer phone pitches (yes, there are some). It is our obligation to build as many relationships as we can with these influencers. That is what our clients pay us for.

It is the role of the hack to provide interesting, compelling and relevant information to their readers. It is their prerogative to determine what constitutes relevant, how they wish to receive that information and who they wish to receive it form. Flacks have no choice but to respect that. We are the least important player in all of this.

As Brian Morrissey observes, “pretty tired of vendors who think i'm here to advertise their 'new solutions' under the guise of news.”

Hacks have the obligation to put their readers first. Readers don’t care about a hack’s relationship with their sources. Where the information came from has no relevance, save that it is true and relevant. Even if the press release is clearly self serving and comes from a flack who is a complete stranger; it may still be worth a glance. Remember, the reader doesn’t care about your relationship with your sources.

BusinessWire is listed as a top sources on TechMeme’s Leaderboard. Clearly many readers are interested in what flacks have to say. In a world of Google news alerts there is no distinction between a news organization and an online press release. According to an Outsell study, over 51% of IT professionals reported that they get their news from press release. If our writing were so boring and irrelevant, we would not have so many readers.

I write this not merely out of self-interest to encourage hacks to read Presto Vivace press releases. The reason I write this is because I think the great blunders of contemporary journalism stem at least in part, because of journalists who put relationships before readers. (I wish to specifically exclude Brazell from this; but feel that this is such a slippery slope that I must speak out.)

If the only sources you are willing to use are those who took the trouble to build a relationship with you, then the only news you are going to hear is from corporations and other organizations that can support the cost of building those relationships and you will only hear their point of view. That attitude has not been good for journalism or our country. Indeed it can be deadly. Readers are best served by hacks who remain open to all sources and are willing to bear the burden of separating the wheat from the chaff.

Malware Challenge

Technical OSINT innovation contest: the 2008 Malware Challenge
While the worlds of most OSINT analysts do not typically overlap with those working in the more rarified fields of digital network intelligence, forensic analysis, and network warfare, there are a highly specialized subset that may be interested in testing their skills as part of a challenge of their own. While clearly not as high profile as the recent DNI OSINT contest, the 2008 Malware Challenge promises interesting responses of its own.


Malware Challenge

The 2008 Information Security Summit

Thursday, October 02, 2008

Little considered aspect of Software as a Service

Making technology investments in tough times
Some commentators have opined that more customers will turn to SaaS-based solutions inasmuch as the cash crunch will hit buyers' capital ("CapEx") budgets first. If that's the case with you, you'll want to weigh reduced initial cash outlays against potentially higher operating costs on a long-term basis under a SaaS model. Depending on the type of service provider, you're shifting at least part of the capital burden to your SaaS vendor, so you'll want to weigh their liquidity very carefully.

More generally, it's prudent to examine the financial health of all your major technology suppliers, current and prospective. We've always counseled looking more closely at balance sheets rather than profit-and-loss statements. Many vendors still remain cash-rich, even as they become customer-poor. I'm no financial expert, but I'd value short-term assets over things like "goodwill."


Keep in mind that bigger does not always mean more solvent.

Industry analysts in the age of Google

Alfresco
I have been in the Enterprise software business for over 25 years and I was listening to a Stanford Thought Leadership podcast recently by Tien Tzuo, one of the pioneers of Salesforce.com. This got me to thinking about the change since the mid 1990’s and today and is Google now more relevant than Gartner for enterprise software. In the 1990’s there was a disconnect between product development and sales that fed into “the complexity machine”. There was a lack of product information and access to product. To discover a new product and work through the complexity machine to get “the new top ten” you went to Gartner. There was no other choice.

The world has changed. The Internet has made access to information and product ubiquitous. Think about Wikipedia and iTunes. Today, to discover a product you go to Google. To get information you rely on the wisdom of crowds not the high priests of complexity. People are turning away from “the complexity machine” and rewarding simplicity, value and transparency. Tools such as Google trends in real-time show market trends, masses of blogs offer information. Ranking and access allows good information to rise to the top. This is what has driven the success of Wikipedia vs. Encyclopedia Britannica. This new world also offers transparency. Research should publically show the categories on how a product is ranked. The score and weightings should also be publicly available. This is the new world of transparency for banks governments and the Internet.


I would argue that Wikipedia beat Encyclopedia Britannica on price. But I think there is something to his larger point. A person's first inquiry begins with Google, so those first ten results shape the industry. Search engine visibility is vital. Just one more reason your employees should be encouraged to blog.

FOSE 2009 Open for Registration

FOSE 2009 is Open for Registration. Are you planning to exhibit? If so, NOW is the time to plan your FOSE publicity effort. Reporters appointment books fill up months in advance.

MySQL Conference Opens its Call for Papers

MySQL Conference & Expo
Sun and O'Reilly Media are looking for great presenters for the 2009 MySQL Conference & Expo, scheduled for April 20-23, in Santa Clara, California.

Deadline runs through midnight October 22, 2008.

Tuesday, September 30, 2008

PR lessons from the bail out blunder

Misread
From a PR perspective, the question arises of how the President and Speaker could have miscounted so badly. How could they have assumed that the House would go along with a bill that enraged millions of Americans?


From the point of view of our democracy, it is a very bad sign that they would attempt to railroad through legislation that is so clearly unacceptable to the vast majority of their constituents. This is not over, there will be a re-vote this week, so they may yet succeed in subverting the public will. This is not a proud moment for our country.

Angry constituents crash the congressional server

DorobekInsider: House.gov overwhelmed
AP is reporting that the House of Representative’s Web site was brought to its knees yesterday as people flooded the site seeking information on the vote to reject the Wall Street rescue plan.


The numbers must have been astronomical, as the server is designed for waves of public pressure. The worker bees of Capitol Hill IT have been working very hard indeed.

Monday, September 29, 2008

Welcome back Kim Hart

The Sounding Board interviews Kim Hart on the occasion of the return of The Download.
Since The Download will be returning, can you tell us what you find most interesting about the local tech scene currently and what you see for DC tech in the next few years?
I think it will be interesting to see how the start-up community continues to evolve and how young firms will ride out the current economic situation. There's also a whole new generation of serial entrepreneurs, investors and networking gurus that I hope to get to know. I will also be paying attention to trends in government IT contracting as security and privacy standards tighten and new Web technologies become more widely available. What do I see for the DC tech community in the next few years? That's what I'll be trying to find out along the way.


That is very encouraging, the Potomac area has a unique role in the creation of standards affecting privacy and security. From my interview with Ann McDaniel:
ALICE MARSHALL: Software standards have a huge impact on the interoperability of systems. Whether you are a CIO trying to cope with a merger or a law enforcement agency trying to track suspected terrorists, interoperable systems are critical to information exchange. The Potomac area is a leader in the standards process. Many of the standards groups, the Federal XML Work Group, AIIM, Global Justice XML, etc., are located here, yet there is almost no coverage of this process. Is there any discussion about how to present this to the general public?

ANN L. MCDANIEL: Those decisions are up to the individual editors.


Glad to see that the individual editors are coming round.