The November Project 2016
By David A. Kirschenbaum and Ian Wilder
David A. Kirschenbaum and Ian Wilder did a writing project this month based upon the U.S. Bill of Rights and the subsequent amendments to the U.S. Constitution. Each day Ian provided a section as a writing prompt to David to write the first poem. Ian, in turn, treating that prompt and David's poetic response as two points upon which his poem, the second each day, responded.
11/1/16
Preamble to the Bill of Rights
Congress OF THE United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution
dak
Resolved, that we met in what should have been my junior year at hofstra,
the third of my six undergraduate years,
your fourth and senior year,
september 1986 through may 1987.
Resolved, the first night my family spent in our oceanside, long island home,
october 14, 1976,
with chris chambliss homering the yankees into their first world series in 12 years.
Resolved, that walking home from playing tennis, a car crashed into me,
august 2, 1980,
the first anniversary of yankee catcher thurman munson’s plane crash death practicing
take-offs and landings at the akron canton (ohio) regional airport.
Resolved, that i saw the police at shea stadium, joan jett & the blackhearts and rem opening up, upper deck shaking,
august 18, 1983.
Resolved that i still can’t remember the day we first met,
something you know annoys me,
so you ask me it often enough.
Thanks.
iw
Whereas we met when the new voice. editor at Hofstra assigned us to work together on a story about Abbie Hoffman’s 50th birthday
Whereas this was way before anyone had email or websites or facebook or linkedin accounts;
Whereas I learned a lot from you when we worked together on that story about there is no reason to fear someone saying no when you relentlessly worked to find a phone number to contact Abbie;
Whereas you are nearly the age Abbie was when you were finally able to reach him by asking his mother for his telephone number;
Whereas we could figure out when we met within a few weeks by the publication date of that issue of the new voice.;
Whereas i have no idea either when the date that we first met is, and I was not even sure whether I was a junior or senior at Hofstra at the time without looking at your stanzas;
11/2/16
Section of the 1st amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
dak
my kosher’s not your kosher
Is different than his or hers kosher
Is not my grandpas plural kosher
nor my mom and dad’s kosher
or my big sister debbie’s kosher
it’s closest to my youngest niece michelle’s kosher,
It’s keeping a kosher home kosher
eating kosher outside kosher
but eating in unkosher restaurants kosher
but not eating unkosher things at them kosher
and not eating things cooked in the fryer kosher
and i miss french fries outside kosher.
iw
my wife is a vegetarian and I am 90% vegetarian
I explain it to people that it’s like the way some people keep kosher
we don’t cook meat at home but when I am out
I eat whatever I want
11/3/16
Section of the 1st amendment
or abridging the freedom of speech,
dak
when i first started driving
i was afraid of bridges
a bad thing if you grow up on an island
i’d put in my cassette copy of my first police cd,
crank it all the way up,
and yell along to i can’t stand losing you
until i crossed.
iw
the 1990 pirate radio movie Pump Up the Volume foreshadowed both the Occupy and anti-Common Core movements
but more importantly it had one of my favorite movie (not surprisingly very political) soundtracks which bridged generations with
Concrete Blonde performing Leonard Cohen’s Everybody Knows;
Liquid Jesus covering Sly & the Family Stone’s Stand;
Bad Brains featuring Henry Rollins covering MC5’s Kick out the Jams
Cowboy Junkies covering Robert Johnson’s Me & the Devil Blues
and Freedom of Speech by the Hip-hop group Above the Law.
11/4/16
Section of the 1st amendment
or of the press;
dak
or of her dress
or of the very, very best
i want to say
i hate to watch her walk away
i want to yield
no, i want to walk across the field
yes, i want to walk across the field.
iw
there is so much to express
there is so much to be stressed
about
why do I have to pay
why worry about what someone else did today
why do I have to be even keeled
noting why I do not feel the same zeal
yes, why don’t I feel the same zeal
11/5/16
section of the 1st amendment
or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
dak
maxim #1,374
people who don’t disappoint,
people who appoint, no dis,
earn rope when they disappoint slightly
iw
if only people who seek rewards
should mean their words
instead of turning hope into swords
11/6/16
2nd amendment
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.
dak
each thursday i’m away from my folks in long island
i think of dinner at nathan’s
our regular thursday night spot
because after five o’clock on thursdays, with each meal you purchase
you have the right to buy a hot dog for five cents,
the price they were when they opened in coney island a century ago.
i’ve discovered that you don’t even need to buy a meal to get the discounted hot dogs
but that onion rings work, too.
though i’m torn by the onion rings,
as sometimes they’re perfect with just a bit of oil,
and other times each onion ring needs to have the oil frantically napkined away.
iw
every word
every punctuation mark has an effect like a drop of oil on an onion ring
a few sprinkles here and there have the right taste
too many and you find you spend centuries napkining away the extra oil
to the point that you've almost forgot about the five-cent hot dog
11/7/16
3rd amendment
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.
dak
i buzzed in the med deliveryman
threw on a t-shirt and the old dress shoes i wear as slippers
come up short for a tip with just a single in my wallet,
so go into my tootsie roll bank,
(thankfully i don’t spend change),
and gather up two more bucks in quarters.
iw
sometimes it is less expensive to bar what I find poisonous from my home
buying vinegar and salt and baking soda instead of a myriad of cleaners
not paying for cable television
or a television or a microwave
and sometimes it is more expensive
like buying organic food or organic clothes or low voc paint
11/8/16
4th amendment
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
dak
i worked at roy rogers when i was a 17-year-old freshman,
only salting fries all day,
before washing pot after pot until there were no more pots to wash,
my reward being the fried chicken unsold at closing
which i brought home to my parents with joy.
it was the only day I worked there,
me slacking on getting my working papers.
at around the same time,
i went from just living in my folks' kosher home and eating kosher or unkosher outside the home,
to eating kosher inside and outside the home.
that lasted about two-and-a-half years,
when at some spring fling kind of event at hofstra
risa and her friend rhonda, both jewish, teased me about not eating the unkosher offerings that day.
it was heading into the summer of '87
and ian and i were new in our friendship.
we'd decided to work on a book about the 20th anniversary of the chicago 8.
each day we would head to the big library at hofstra,
searching the computers--no Internet for us regular folk then--for any mention of the chicago 8, be it as group or individuals,
little by little compiling a killer annotated bibliography.
each day we would break for lunch,
and drive just up the turnpike to roy rogers,
for a pair of two-piece chicken with biscuit combos.
a few years later i went back to inside outside kosher,
almost always ordering fried chicken whenever i find myself inside of a kosher deli.
iw
rabbits live in warrens and chickens live in coops
if they are in captivity
where do they live in the wild?
can you even picture a chicken in the wild?
can chickens cross the road without showing ID?
would you frisk them under the feathers?
could they assume the position?
would a chicken get shot for not following orders
quickly enough?
I guess it wouldn’t matter since chickens can never leave the fenced-in yard
at least not alive
how can a chicken fly the coop since they don’t even really fly?
and if they did
would they have to be checked against the terror watch list?
they couldn’t take their shoes off before going through security since chickens don’t wear shoes
not even in captivity
would they have to get full body scans?
do they even do that at airports anymore?
don’t hear much of anything about the TSA anymore
is it because they have scaled back
or have we just become used to them
like only seeing chickens in captivity?
11/9/16
5th amendment
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.
dak
in the middle of the night,
on the right-hand side of the top shelf
of my sister’s stainless steel refrigerator
in a small, white bakery box
is a chocolate mousse cake
with just light blue frosting spelling out
“i’m with her.”
still unsliced.
iw
echoing his debate threat to investigate and jail Clinton
“lock her up, lock her up” chanted members of the crowd at Trump’s victory party
before he took the stage to make the speech where he promised to
“seek common ground, not hostility; partnership, not conflict”
11/10/16
6th amendment
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.
dak
my sister, brother, and i have all been arrested,
two in protests, one for, well, heavier criminal activity,
my mother wasn't happy with a one of us.
iw
many of those closest to me have been arrested for political reasons
my best friend purposefully
my wife accidentally
(no need to write about her arrest here since there are already other poems, two songs, and a rock opera about it)
my involvement with the criminal courts has been limited to defending others
including my wife
yet despite my having engaged in many protests
i have not been arrested
i fear that with all the hate that has arisen in just two days since the election
i will have to get arrested in protest in the next four years
11/11/16
7th amendment
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.
dak
prince harry is dating meghan markle of the tv show suits,
i'm unsure how the crown feels about him dating a person of color
or if any of the royals have ever seen suits.
iw
who suddenly decided that whenever it suits them
it is acceptable to be uncivil to a fellow human being based on the color of someone's skin
their place of birth
their gender
their religion
11/12/16
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
dak
inflict upon me what you want
i don't know what to say
if when i am inflicted upon
i may feel just okay
that's not true, though i have armor
remembering breakups from long ago
with inflicted always comes pain
always filled with woe
iw
request from me what you wish
but you must accept yes or no
not matter where it comes from
i will not accept guilt as a goal
outside of the circle of those I love
I ignore excessive demands
within that small circle
I expect you to understand
11/13/16
9th amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
dak
after ordering a pound of kosher turkey breast for two nights worth of sandwiches for my folks and me,
i ask the deli worker for what they've always called red skin potato salad,
the potato salad made with those little red skinned potatoes,
"which one, they've all got red skinned potatoes," he said.
and sure enough they did.
"bottom right," i told him.
"ok, the mayo and sour cream one it is."
"sour cream?" i told him. "really, sour cream?"
"yeah, sour cream."
"ugh, turkey and sour creamed potato salad," I told him,
"that's meat and milk together,
and that's not kosher."
iw
why must people always disaprage
potato salad
I remember one friend who found it funny that a name tag said “Hello, my name is
Potato Salad”
and then there’s the East End morning DJ who cracks up laughing every time he says
“Potato Salad”
but I must admit that German
Potato Salad
goes beyond the limitation of being dairy under the kosher laws
that regular Potato Salad meets
it being tref
since it contains bacon
11/14/16
10th amendment
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.
dak
my in from florida brother won’t stop talking,
“obama’s horrible, the worst.
“he could have spoke up about black lives matter,
could have said ‘i’m african-american, listen to me.
“and obamacare is costing me a ridiculous amount of money.”
“you know the washington post?
“the guy who owns them owns amazon.
“trump said he was going to go after amazon because it hurts small businesses.
“so the washington post put a team of 10, 15, 20 people together to go after trump.”
after all these years it’s fairly easy not to reply.
iw
in state after state
the people have spoken
100 million found no reason to go to the polls
10 million more stayed home then came out to vote for Barack Hussein Obama
fewer of those who came out to vote
voted for Trump
than vote for Romney
and he lost
11/15/16
11th amendment
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.
dak
got up earlier than usual,
commenced cleaning my shows off of folks' dvr,
the new episode of scorpion
one of the final few castles,
going back to bed with a shameless, a masters of sex, a quantico, a gotham, an elementary, and a 2 broke girls to go.
iw
got up a little later than usual
attended trainings on how hud powers to monitor fhip grants
how the omb supercircular is construed to be applied fhip grants
the highlights of important human resources issues for a nonprofit
still have another half day of training on diversifying funding
11/16/16
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 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 the 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.
dak
the only elected office i've ever held
was as an undergrad at hofstra university.
i was elected vice president of hillel, the jewish organization on campus.
a few months later and i was dating a non-jewish girl.
iw
the first elected position i’ve ever held
was while an undergrad at hofstra university.
i was elected a county committee person for the suffolk democratic party
twenty-one years later and i was running for elector for the green party presidential candidate
11/17/16
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
dak
i don't want a party for my 50th birthday
just dinner with those who made me,
maybe my sister,
who turns 60 the next day,
and i guess her husband and my niece by default,
wait, make it just my folks,
that's right.
iw
Kimberly threw me a surprise party for my 50th last year
it ended up just being my brother’s family, her family, and a few close friends
because it was hard for her to arrange it without my knowing
the last time she threw me a surprise party
i was living with my folks and she with hers
so she had the freedom to contact our friends without my knowing
11/18/16
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 power to enforce, by appropriate legislation, the provisions of this article
dak
i was a member of cub scouts
i was a member of arnie’s army double a little league team,
hitting an inside the park grand slam just before a game was called for darkness,
i was a member of my junior high football team, until the coach wanted me to run laps after i spoke out of turn,
i was a member of my high school newspaper and yearbook staffs,
i was a member of my high school baseball, basketball, and soccer teams,
i was a member of two college newspaper staffs,
i was a member of my college’s concert committee,
picking up cigarette butts and scraping gum off the floor.
iw
i was a member of the cub scouts, boy scouts, and the order of the arrow
i was never a member of little league, or a football, baseball, basketball, soccer, or ice hockey team by my own choice
i co-founded an elementary school newspaper and wrote for a daily and weekly paper as a teen
but was not cool enough to be on the high school yearbook or newspaper
might have written for the same two college newspapers
definitely one in common
and a third one as a spare
but was not cool enough to be on our college’s concert committee to clean up the cigarettes and the gum
though i would later emcee and perform in concerts where I would help roadie the sound system and the instruments
11/19/16
15th amendment
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 power to enforce this article by appropriate legislation
dak
the first time i voted
was in mrs. white’s 5th grade class,
fall of 1976. mrs. white asked who wanted president ford,
and everyone’s hand shot up, but mine.
then she asked who wanted jimmy carter,
and my hand went up,
that night mrs. white called my parents.
iw
not sure the first time I voted for myself
i might have run for something in elementary school
and lost
i definitely ran for a class office in high school
and definitely lost
at eighteen i ran for committeeperson for my county Democratic Party
but I didn’t get to vote for myself
because they don’t put it on the ballot
unless the race is contested
thirteen years later was the only time i saw my name on the ballot
running for town supervisor on the Green Party line
with a full ticket
including Kimberly for County Legislature
we all lost
i still feel guilty running that year because we found out in August
that my father had terminal lung cancer
11/20/16
16th amendment
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.
dak
• my states--
• alabama-blake babies reunion
• arizona-thelma and louise on hotel tv by grand canyon
• california-early into our first trip out west, my uncle sollie giving 8-year-old me a ride on his motorcycle
• colorado-jack kerouac school of disembodied poetics
• connecticut-niece michelle's plays in college
• florida-space mountain
• illinois-pizzeria due (pronounced DOO-eh)
• indiana-golden dome
• Iowa-hat with iowa on it, i dub myself iowa dave for kicks
• kentucky-not drinking in derby infield
• louisiana-they won't let me walk three blocks home from the jazz club at night
• massachusetts-boston poetry marathons
• nebraska-some restaurant somewhere
• new hampshire-mom in the hospital after falling down
• new jersey-aunt marion's house
• new mexico-the atm's in los alamos are called atoms
• new york-flipping under the slide in the parade grounds playground
• oregon-powell's books
• pennsylvania-clipping the fence to break into the construction site
• utah-the four corners
• vermont-first ben & jerry’s location
• virginia-is for lovers
• washington-dad’s mountain
iw
• My states--
• Alabama-nope
• Arizona-nope
• California-nope
• Colorado-nope
• Connecticut-nope
• Florida-nope
• Illinois-nope
• Indiana-nope
• Iowa-nope
• Kentucky-nope
• Louisiana-nope
• Massachusetts-nope
• Nebraska-nope
• New Hampshire-nope
• New Jersey-nope
• New Mexico-nope
• New York-collect sales tax from residents for our Etsy shop
• Oregon-nope
• Pennsylvania-nope
• Utah-nope
• Vermont-nope
• Virginia-nope
• Washington-nope
11/21/16
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.
dak
if i'd've been with carrie fisher at the height of her carrie fisher-ness,
it would've been leia in the gold bikini from jedi
i'd have been the chosen one,
the coolest kid senior year at my jewish day school
wearing a crisp white oxford to shabbat lunch,
carrie on my arm, roasted chicken on our plates
the only flaw in all of this is i was just 16,
and would carrie have gone to jail for a few minutes of teenage dream.
iw
thirty-two years later Carrie Fisher spoke with new Star Wars heroine Daisy Ridley for Interview magazine
exhorting Ridley to fight for the outfit she wants to wear
not to settle for a gold bikini which Fisher called the slave outfit
11/22/16
18th amendment
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 the 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.
dak
with rod, who introduced me to the vodka gimlet,
often drinking it at the palais royale in albany,
us putting "all of me" on the jukebox,
singing along
"albany, why not take albany."
iw
while I was at Hofstra
the drinking age went from 18 to 19
and then 21
i went from legal to underage
didn’t matter anyway
i really don’t drink
11/23/16
19th amendment
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.
dak
two articles in the village voice at 20,
unrealized almost 30 years since.
iw
the short-lived long island edition of the village voice
filled a much needed gap
even though i found the same sexually explicit back pages ads
as its nyc parent
just as annoying
11/24/16
20th amendment
Section 1. The terms of the President and 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 elect 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.
dak
there is no line of succession when yr parents die,
just a bunch of well-meaners stepping aside
trying not to draw too much attention
iw
though I empathize with the unpolitic moralizing of John Adams and John Quincy Adams
I still abhor the idea of dynasties in the US presidency
11/25/16
21st amendment
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.
dak
repeal me
steal me
u can even feel me
if u promise to deal me in
wheel me
congeal me
just promise u'll never teal me
and with a kiss i'll seal ye in
Iw
rhyme me
sign me
you can even fine me
if you promise me to moonshine
file me
style me
just promise you’ll never revile me
and with a word you’ll make me smile
11/26/16
22nd amendment
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 the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the 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.
dak
watched all four 90-minute, commercial free
new Gilmore girls episodes on netflix
the equivalent of eight hour-long, commercialed episodes
as in the show’s seven seasons on broadcast tv.
they were solid, real enjoyable,
but not on par with the best of their best,
still, welcome back old friend, welcome back.
iw
though I will often express my curmudgeonly opinion about a politician who should have retired already or an artistic work that should not have been remade
i don’t believe in blanket rules about retiring the jersey
Johnny Cash’s cover of Nine Inch Nails’ Hurt is breathtaking
11/27/16
23rd amendment
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the 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.
dak
i am my own representative,
not best representative,
just representative,
i'm managing my depression, kinda sorta,
today up at six thirty in the morning,
pee, read a few articles in the ny daily news online in my ipod,
try to go back to bed an hour later,
manic depressive mind manically racing through every thought,
most of them bad,
depressive mind wanting to sleep through another day,
but getting up at three because i told mom i'd vacuum,
before my sister's possible return to the house after family dinner out,
trouble with the second vacuum,
after last night's trouble with the first.
iw
we were taught that the British colonists rebelled against taxation without representation
though DC residents can vote for President
they do not have a voting Congressperson or Senator
and their local laws can be vetoed by Congress
they have long argued that they should be exempt from federal income tax
like the residents of Puerto Rico and Guam
11/28/16
24th amendment
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 any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
dak
i am my own representative,
not just representative,
but slightly better representative,
i'm managing my depression, kinda sorta,
today up at eight thirty in the morning,
pee, check my email with my ipod,
try to go right back to bed,
manic depressive mind racing slowly through a few thoughts,
most of them ok,
depressive mind wanting to sleep through another day,
but getting up at one
partly because i didn't want to be in bed when my parents come back,
partly because i have laundry to do before i return to the city tomorrow,
partly because.
iw
long day at work
should stop eat something late in the day
eat apple on the drive home
already getting a headache
Kimberly drives up early from class
just as I am walking up the back steps
take an Advil
she wants to grab something out
too late for any local place
decide on Chipotle
can’t finish my burrito bowl
or even touch the free chips and salsa
too nauseated from the headache
Ki suggests seeing if there is another episode of Speechless
when we get home
tell her no TV for me
i have to sleep
lie down on the couch
get up to read the Advil directions and take another
lie down again
get up to pee
lie down again
headache still making me nauseated
get up to put ginger ale in fridge
lie down again
turn on my other side because my head hurts too much on left side to lie on it
Ki wakes me at 10:30 pm
said she had an unusually hard time waking me
stood over me
said my name
finally had to touch my shoulder
as she sat next to me on the couch
go upstairs to sleep
11/29/16
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.
dak
i am my own representative,
a just representative,
a trying slightly representative,
a managing my depression, a bit more.
again up at eight thirty in the morning,
pee, check my email with my ipod,
go right back to bed,
even though my alarm's set for 9:08
for our trip to the city
manic mind somewhat stilled,
depressive mind knowing i can't sleep much longer,
(don't want to today anyways),
because we have to leave for 11 to make a one o'clock doctor's appointment,
and I finished the laundry and packing after midnight
while watching supergirl,
then joel mchale and kate mara on conan,
the view's heated discussion on castro,
and my beloved tmz.
because i return to the city today,
yes, return.
iw
normally i would have taken a sick day
after feeling so lousy last night
but i needed to be in at 9
to help prepare for a 1030 negotiation of a new HUD grant
and there is too much work to do for next week's fair housing event
and getting our new website up already
at 4 i saw that I was fading
took an advil to make sure i didn’t get sick again
poured another cup of yerba mate
told my boss I would need to leave as soon after 5 as possible
was out by 530pm
when i got home
slept on the couch until Kimberly got home
11/30/16
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 the power to enforce this article by appropriate legislation.[1]
dak
dream
in the middle of a first date with janet weiss of quasi and sleater-kinney. some italian place i was worried if i could afford. was communal seating, she was waiting on couch behind chairs that were behind table until she could sit close enough to be with me. i grabbed postcards from the door to write her a note after i saw that my memo pad was missing. one card was already handwritten, unsent to a kirschenberg. used a collaged back one, writing darkly over the dark areas and trying to find the light areas. so awkwardly right.
iw
at eighteen
i registered to vote
got a driver’s license
became a county Democratic committee person
but hadn’t gone on a date
11/30/16 Part 2
27th amendment
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened
dak
i am my own representative,
and i can be representative of my best self
and i can be representative of my ok self
and i can be representative of my somewhat self,
managing my depression, a bit less,
a bit more, a bit less,
up at 9:30 in the morning,
pee, check my email with my ipod,
dad opens my bedroom door,
"here's the house phone.
i'm going to the doctor,
i left your mother in bed."
check my email with my ipod,
hear an off the hook house phone,
check downstairs,
then head upstairs,
follow noise to folks' bedroom,
where mom was just hanging the off the hook phone up.
"wake me in an hour," she said.
set alarm for 10:28, go right back to bed.
check my email with my ipod
go right back to bed at 10:20,
check my email with my ipod,
go to wake my mom up,
door's open a crack,
bed's made,
she's all dressed at 10:38.
iw
I could sleep for 190 years
too many work deadlines that actually move the world toward more equity
too many household chores to repair, maintain, and rarely improve
too many love obligations to family and friends
not to mention no time to
curl up in a chair for a whole morning to get back to that Joseph Stiglitz book on education
start an exercise regimen at a gym
take long walks with Kimberly
put a chunk of time into that long poem I started
and made notes for
on miracle years
