<\/p>\n
Last week we called attention to some little known facts<\/p>\n
about the Declaration of Independence. Today we turn to the Constitution<\/p>\n
of the U.S.<\/p>\n
In l78l~ before the Revolution was over~ the Continental Congress<\/p>\n
adopted what were called Articles of Confederation. They gave<\/p>\n
no supreme power to a central government. but they did provide for a<\/p>\n
loose kind of concentration among the colonies and they did use the<\/p>\n
word “union”. The articles were indeed given the title “Articles<\/p>\n
of Confederation and Perpetual Union.” They provided that each state<\/p>\n
should have one vote on all issues presented to the Continental Congress.<\/p>\n
Expenses of the central government were to be paid by contributions<\/p>\n
from each state on the basis of its own tax vaulation~ not on<\/p>\n
the number of inhabitants. Important was the ceding by the states to the<\/p>\n
central government of the management of coastal waters and certain lands<\/p>\n
not then within anyone state. The name of the central legislative<\/p>\n
body was then changed from “Continental Congress” to “The United States<\/p>\n
in Congress Assembled.”<\/p>\n
Between 1781 and 1787 several attempts to amend the Articles of<\/p>\n
Confederation had little effect. Alexander Hamilton led a group that<\/p>\n
insisted on a convention to examine the entire question of the<\/p>\n
relation of the 13 states to a central government. They succeeded in<\/p>\n
getting consent to a constitutional convention which assembled in Philadelphia<\/p>\n
on May 25. 1787. The delegates ranged in age from Jonathan<\/p>\n
Dayton of ~ew Jersey. 26 years old, to Benjamin Franklin. aged 8l.<\/p>\n
Highly respected ,Jere Franklin and ‘i.Jashington. but the active leaders proved<\/p>\n
to be James Madison and George ~Iason. both from Virginia.<\/p>\n
The major issue was whether to amend the existing Articles or<\/p>\n
Confederation. or set <\/em>up a wholly new foro of government. After more<\/p>\n than a week of heated debate, it was decided to scrap the old articles<\/p>\n and begin anew. As a start they agreed to consider a plan presented by<\/p>\n Edward Randolph known as <\/em>the Virginia Plan of Cnion.<\/p>\n The plan called for a bicameral government, with both houses<\/p>\n having representation from the states a~cording to population. The lower house<\/p>\n would be elected directly by the people, the upper house by the state<\/p>\n legislatures. The president would be elected by Congress. A judiciary would<\/p>\n consist of a supreme court and inferior courts. A council composed of<\/p>\n the President and members of the Supreme Court would have veto power over<\/p>\n Congressional legislation.<\/p>\n Objections were quickly voiced to several parts of “the Virginia<\/p>\n Plan. Some of the delegates wanted to retain the existing policy of<\/p>\n having each state entitled to a single vote. Others preferred a single<\/p>\n house to a bicameral legislature. Many were opposed to a council with<\/p>\n veto power, feeling that such power should be given to the President alone.<\/p>\n As debate went on, it became clear that those who preferred a<\/p>\n strong central government were going to prevail over those who wanted almost<\/p>\n all power left to the separate states, though the states rights group<\/p>\n proved strong enough to win many concessions before the final draft was<\/p>\n approved. That sharp division of opinion led to the formation of the<\/p>\n nation’s first political parties, the Federalists led by John Adams and<\/p>\n Alexander Hamilton, and the Democratic-Republicans led by Jefferson and<\/p>\n Madison. As the Democratic Party, the latter would later come under the<\/p>\n leadership of Andrew Jackson.<\/p>\n It was Robert Sherman of Connecticut who proposed the plan of<\/p>\n representation that was eventually adopted, whereby the lower house was<\/p>\n elected from the states in proportion to population, while the states<\/p>\n rights principle was protected by having each state, regardless of<\/p>\n population, have two members in the upper house, the Senate.<\/p>\n In counting population, a problem arose regarding Negroes. The<\/p>\n slaves had no rights as citizens and were regarded as property, like<\/p>\n land or buildings. Should they be counted as people? A compromise<\/p>\n resulted in counting five Negroes as equal to three whites, so that to<\/p>\n its white population each state could add three-fifths of its slaves<\/p>\n to reach the total on which representation in the House of Representatives<\/p>\n would be based.<\/p>\n \u00a0<\/strong><\/p>\n It took two weeks to resolve other matters. Representatives<\/p>\n were to have two-year terms, senators six years. The President’s term<\/p>\n would be four years. Only Congress, not anyone state, could regulate<\/p>\n interstate and foreign commerce. No state could set up barriers of<\/p>\n trade against any other state. Only the central government could declare<\/p>\n and wage war, and to it alone was given the power to coin money.<\/p>\n When all points had been decided, Governor Morris of Pennsylvania<\/p>\n was appointed to make the final draft of the new constitution. On<\/p>\n September 12, 1787, the Congress began to take up Morris’ draft clause<\/p>\n by clause. After five days of intense debate the matter of adoption<\/p>\n of the Constitution came to a vote on Septe~ber 17, 1787. Of the 45<\/p>\n delegates, 42 voted in favor. The three dissenters were Randolph and<\/p>\n Mason of Virginia and Gerry of Massachusetts.<\/p>\n Then the Constitution had to be ratified separately by the states.<\/p>\n The first nine to ratify were in order, Delaware, Pennsylvania, Georgia,<\/p>\n Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire and<\/p>\n New Jersey. By the end of June 1788, New,York, Virginia and North Carolina<\/p>\n had approved. The only state actually to vote against the Constitution<\/p>\n was Rhode Island, and it did not change its position until 1790.<\/p>\n Congress proceeded at once to set up the new government. The<\/p>\n national capital was fixed as New York City and February 9, 1789 was set<\/p>\n as the date for electors from the 13 states to choose a President and<\/p>\n a Vice President. They made unanimous choice of George Washington as<\/p>\n President and John Adams as Vice President. The first Congress to<\/p>\n convene under the constitution met on March 4, 1789 and Washington was<\/p>\n inaugurated on April 30. He delivered the nation’s first inaugural<\/p>\n address in the new Federal Hall in New York City.<\/p>\n In September 1789, James Madison presented ten amendments based<\/p>\n on the Virginia Bill of Rights. They were speedily adopted and<\/p>\n became the Constitution’s first ten amendments, what we now call our<\/p>\n national Bill of Rights.<\/p>\n Besides setting up the new government itself and providing<\/p>\n for election of its personnel, what did the Constitution actually do?<\/p>\n First, it set up three distinct branches to be checks on each<\/p>\n other; legislative, executive and judicial. That third branch became<\/p>\n very important. Its purpose was to see that the Constitution was<\/p>\n -.<\/p>\n never violated by state laws or by Congress itself. Congress could<\/p>\n pass a law, the President could sign it, but the Supreme Court could<\/p>\n overturn it if the Court decided it violated the Constitution.<\/p>\n Certain powers were taken from the states and conferred on the<\/p>\n federal government. Only the Congress could establish post offices.<\/p>\n Besides having exclusive power to make war, it could, in emergency,<\/p>\n call the state militias into federal service.<\/p>\n The Constitution contained a number of important negatives.<\/p>\n The habeas corpus act could not be repealed except in case of rebellion<\/p>\n or invasion. No tax or duty could be levied on goods transported<\/p>\n from one state to another. No port in any state could be closed to<\/p>\n vessels from another state. No title of nobility could be conferred<\/p>\n on any Amer, ican citizen. No person holding office could accept from<\/p>\n any king, prince or foreign potentate, a gift of any kind without<\/p>\n consent of Congress. No state could enter into any agreement with a<\/p>\n foreign power.<\/p>\n Little was specifically said in the Constitution about the rights<\/p>\n of states, except to assure equal representation in the Senate regardless<\/p>\n of the state’s size. However, a broad, general provision did protect<\/p>\n the states. It said: “The U.S. shall guarantee to every state in this<\/p>\n union a republican form of government, and shall protect each of them<\/p>\n against invasion, and on application of the state legislature or its<\/p>\n chief executive. shall protect the state against domestic violence.”<\/p>\n Because there has recently been much controversy about extending<\/p>\n the date for ratification of ERA, the Equal Rights Amendment, it may<\/p>\n be ~,.rell to see t .. hat the Constitution says .:lbout the process of amendmente<\/p>\n The wording is: “Con~ress. whenever the two-thirds of both<\/p>\n hOUSeS shall det!!’l it necessary. shall prepare amendments to the Constit~:<\/p>\n ion. or 0n applic.:ltion of the legisl.:lturcs of two-thirds of the<\/p>\n states, shall call a convention for the purpose of preparing amendments,<\/p>\n which in either case shall become valid when ratified by the legislatures<\/p>\n of three-fourths of the states.”<\/p>\n Thus, the Constitution does not say how long a time must be allowed<\/p>\n for three-fourths of the states to ratify. That matter was left for<\/p>\n Congress to decide on each specific amendment or group of amendments.<\/p>\n In recent years it is not the original Constitution, but its<\/p>\n first ten amendments that have excited most controversy. Let us see<\/p>\n what some of those controversial amendments actually said.<\/p>\n The much debated First Amendment was worded: “Congress shall<\/p>\n make no law respecting the establishment of religion or prohibiting<\/p>\n the free exercise thereof, or abridge freedom of speech or of the press,<\/p>\n or the right of people peaceably to assemble and petition the government<\/p>\n for redress of grievances.”<\/p>\n The first clause of that amendment brings up the age-old issue of<\/p>\n the relation of church and state. In recent years the Supreme Court<\/p>\n has given it a strict interpretation, barring religious exercise from the<\/p>\n public schools. It is questioned whether the framers of the amendment<\/p>\n intended such an interpretation, but that rather they meant to protect<\/p>\n the nation from dominance by anyone sect, as had happened under the<\/p>\n Congregationalists in Massachusetts and under the Church of England in<\/p>\n Virginia.In 1982 that basic issue is by no means yet settled.<\/p>\n The tenth amendment has also aroused controversy. It says:<\/p>\n “Powers not delegated to the states by the Constitution. or prohibited<\/p>\n by it to the states, shall be reserved to the states themselves or to<\/p>\n the people.” What is meant by “the people?” Is it the people of a<\/p>\n state or the people of the entire nation?<\/p>\n All of these uncertainties show the wisdom of the founding<\/p>\n fathers in settin~ up a Supre~e Court. At any particular point in time.<\/p>\n every clause in the Constitution means what the existing Supreme Court<\/p>\n says it means. But a subsequent Supreme Court may, in a later time.<\/p>\n completely reverse a decision. That happened in the Dred Scot case more<\/p>\n than l~5 years ago. The Court declared a ~e~ro to be property. not a<\/p>\n person; but ten years later that decision was reversed.<\/p>\n Sincere, devout people who today do not like the Court’s<\/p>\n decision on prayer in the schools, must’respect and obey that decision,<\/p>\n but they have every right to urge its reversal by some later Supreme<\/p>\n Court or even a Constitutional amendment that would reverse it.<\/p>\n","protected":false},"excerpt":{"rendered":" Read the script for “Little Talks” program #1311, Broadcast on April 25, 1982<\/p>\n","protected":false},"author":405,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[35296],"tags":[],"builder_content":"","_links":{"self":[{"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/posts\/10200"}],"collection":[{"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/users\/405"}],"replies":[{"embeddable":true,"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/comments?post=10200"}],"version-history":[{"count":0,"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/posts\/10200\/revisions"}],"wp:attachment":[{"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/media?parent=10200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/categories?post=10200"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/web.colby.edu\/csc-home\/wp-json\/wp\/v2\/tags?post=10200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}