The Constitution: Convention
After the battlefield victory and the signing of the “Treaty of Paris” in 1783, the American Revolutionary War officially ended. The thirteen colonies were recognized as free and independent states from Great Britain.
During the Revolutionary War The second Continental Congress already had the framework for a national government and after the constitutional convention in 1777 the “Articles of Confederation,” was in effect.
The “Articles of Confederation,” created a weak central government. In essence the collaboration between the states was something more like a league of friendship, which preserved state power (independence).
The National government was centered on the legislative branch which at the time was only a single house. There was no separate judicial branch, nor was there an executive branch. Each state received one vote regardless of population.
The national government also did not have the power to tax, regulate commerce between the states, and could not compel the states to provide troops, or send the central government money.
Plus, any proposed amendment to the Article of Confederation required the unanimous approval of the thirteen states. This is the reason why the Articles of Confederation were never amended.
There were a whole set of problems concerning the Articles of Confederation itself, as a response, a constitutional convention was called with the goal of resolving the problems and overhauling the Articles of Confederation.
The constitutional convention took place in the summer of 1787 in Philadelphia, Pennsylvania. The President of the constitutional convention was George Washington.
The delegate from Virgina, Edmund Randolph, opened with a speech that decried the pitfalls of the articles of confederation and what it was doing to the country. Then he proposed a plan that James Madison had been talking about for a while.
That plan was to create three branches of government. The executive, the legislative and the judicial. Each branch should check and balance each other. That the government be highly centralized and have the power to veto laws enacted by state legislature. The legislature be bicameral, while the members of the lower house be elected by the people, candidates for the upper house be chosen and elected by members of the lower house. That the number of representatives for each state is based on the population. Also that the ratification of the constitutional measures be done by the people. This measure came to be known as the “Virgina Plan.”
The Virgina plan faced some opposition. William Paterson delegate from New Jersey proposed that the Articles of Confederation be revised to enable Congress to be able to raise revenue and regulate commerce. It also will allow Congress to ratify treaties and be the supreme law of the land. This measure came to be known as the “New Jersey Plan.”
Ultimately the New Jersey plan was voted down, and the Virgina plan was adopted. However, there were disagreements between the smaller and larger states concerning the resolution that establishing that population was the basis of representation in the House of Representatives. This measure favored the larger states. There was a proposal to establish a Senate that would have equal representation among the states.
The delegates were deadlocked, until a compromise which called to count slaves for the purpose of taxation and representation. There was also a proposal that representation in the lower house be based on the number of free persons and three fifths of all “other persons (slaves).” The following week, another compromise was made that direct taxation be based on representation and representation in the lower house be based on the population of free persons and three fifths of “other persons (slaves).” With this compromise as being necessary to avoid a complete breakdown of the constitutional convention, the delegates finally approved state equality in the senate.
The first drafts were written and by September 1787 the final drafts were sent to the states for ratification. But there were still opposition, those in favor of the constitution were called “Federalists” and those that opposed it were called “anti-Federalists.”
By June 1788 nine of the states ratified the constitution ensuring that it will go into effect. But key states of New York, and Virginia had not yet done so. But they would do so only after there was a promise to add a bill of rights. But before New York ratified the constitution they submitted a proposal for amendment. Rhode Island and North Carolina refused to ratify the constitution without a bill of rights. A year later James Madison proposed a series of amendments to be debated in the first Congress.
“We The People of the United States of America, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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 on 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 a seven years a Citizen of the United States, and who shall, when elected, be an inhabitant of that state in which how 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 choose 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 each state, the Executive Authority thereof shall issue Writs of Election to fill such vacancies.
The House of Representatives shall choose their Speaker and other officers; and shall have 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 there of) 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 recess of Legislature of any state, the Executive thereof may make temporary appointments until the next Meeting of the Legislature, which shall then fill vacancies).
No person shall be a Senator who shall not have attained to the age of thirty-five years, and have been a Citizen of the United States , and who shall not , when elected be an independent 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
The Senate shall choose their 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 of 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.
Judgement in cases of Impeachment shall not extend further than 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 subjected to indictment, trial, judgement and punishment, according to the 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 anytime by law make or alter such regulations, except as to the Places of choosing Senators.
The Congress shall assemble at least once 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 behavior; and, with the concurrence of two thirds its members, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, expecting such parts as may in their judgement 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 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 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 ither bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes 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 reconsidered, and if approved by two thirds of that House, it shall become 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 law, in like manner as if he had signed it, unless Congress by their adjournment prevent its return, in which case it shall not be law.
Every order or 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 tp the President of the United States; and before the same shall take effect, she be approved or 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 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 bankruptcy 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 and 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 offenses against the law of nations;
To declare war, grant letters of marque and reprisal and make rules concerning capyures 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 if the land and naval forces;
To provide for calling fourth the militia to execute the laws of the Union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining the Milita 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 square miles) 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 the same shall be for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; -And
To make laws which shall be necessary and proper for carrying into execution in 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 of 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 of 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 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 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 pose 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 or imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be he for the use of treasury of the United States. And all such laws shall be subject to the revision and control 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 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.

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