Lesson Eight: May 02, 2001
Constitutional Overview
³The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever²
Articles of Confederation, Article IIIby A.K. Pritchard
1999© Copyright 1999
Anthony K. Pritchard
All Rights ReservedSuggested Reading - Articles of Confederation:
http://members.ll.net/chiliast/pdocs/confed.htm
THE ARTICLES OF CONFEDERATION
Agreed to by Congress 15 November 1777
In force after ratification by Maryland, 1 March 1781
To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.
³Articles of Confederation and perpetual Union between the states of New Hampshire, Massachusetts-bay Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.²
Most people are unaware that our present Constitution was not in force until 1789. Prior to that time the United States operated either under the Articles of Confederation, in a sense our first Constitution, or the Continental Congress.
CONSTITUTION, 4) The established form of government in a state, kingdom, or country; a system of fundamental rules, principles and ordinances for the government of a state or nation. In free states, the constitution is paramount (Paramount- Superior to all others;) to the statutes or laws enacted enacted by the legislature, limiting and controlling its power; in the United States, the legislature is created, and its powers designated, by the constitution. [Websters 1828]
CONGRESS (under the Articles), The assembly of the delegates of the several United States, after the declaration of Independence, and until the adoption of the present constitution, and the organization of the government in 1789. During those periods, the congress consisted of one house only. [Websters 1828]
CONGRESS (under our present Constitution), The assembly of senators and representatives of the several states of North America, according to the present constitution, or political compact, by which they are united in a federal republic; the legislature of the United States, consisting of two houses, a senate and a house of representatives. [Websters 1828]
FEDERAL, Consisting in a compact between parties, particularly and chiefly between states or nations; founded on alliance by contract or mutual agreement; as a Ofederal¹ government, such as that of the United States. [Websters 1828]
The Articles were drafted by the Second Continental Congress and established the Congress of the Confederation, which replaced the Continental Congress, it operated the government from March 1781 to March 1789 and was officially titled the United States in Congress Assembled. It was in turn replaced by our present Congress, which was established by our current Constitution. The Articles were first proposed by Richard Henry Lee of Virginia on June 7, 1776, a committee was formed to draw a plan, in November of 1777 a draft was ready, and after much dissension between the States the Articles were finally ratified in March of 1781.
CONFEDERACY, A league, or covenant; a contract between two or more persons, bodies of men, or states, combined in support of each other, in some act or enterprise; mutual engagement; federal compact. [Websters 1828]
In some ways our present Constitution reflects the Articles of Confederation, the Articles reserved to the States all powers not specifically granted to the Congress, Congress could declare war, handle foreign relations, raise and equip an army and navy, and could coin money and set the value of it. There were differences also, each State had one vote in Congress no matter what its population was.
Article V
³In determining questions in the United States in Congress assembled, each State shall have one vote.²
Under the Articles Congress could not levy taxes or regulate trade, and each State was guaranteed its sovereignty, freedom, and independence, and limited the Congress to only those powers enumerated within it:
Article II
³Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.²
Many, including George Washington, Alexander Hamilton, and others, were unhappy with the Articles of Confederation because they reflected a distrust for a powerful central government.
Congress could not interfere with the citizens of the States, and amendments were very difficult to make because all 13 States had to ratify them. A Constitutional Convention (you might hear it called a con con today) was called to revise the Articles. The Constitutional Convention met in 1787, and rather than revising the Articles, they were scrapped and our present day Constitution was written.
CONSTITUTION OF THE UNITED STATES OF AMERICA
PREAMBLE
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.
Our present Constitution came into being, largely to strengthen our national government, in 1789. It contains a preamble (above) seven articles, and now 26 amendments, of which the first ten are known as the Bill Of Rights, and the last of which, amendment 26, was ratified in 1971.
Our present Constitution brought to us our three branches of government, the Legislative (the two houses of Congress - the Senate & the House of Representatives):
Article I
Section 1.
³All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.²
The Executive (the President):
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
The Judicial (our system of federal courts):
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.
Originally, Congressmen, elected to the House of Representatives, were elected by the people, and acted as the peoples representatives, the Senators were chosen by each State Legislature, and were the representatives for the State:
Article II
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.
This was altered by the 17th Amendment so that the people elected the Senators (a dangerous slide towards a pure democracy):
Amendment XVII
³The 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.²
Recalling a previous lesson we learned that our government has only the powers that the people, through the Constitution, grant unto it, and all other powers are reserved to the States or the people:
Amendment Ten
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.
Some Powers Granted To Congress:
- To lay and collect taxes
- To borrow money
- To regulate commerce
- To coin money and set the value of it
- To establish post offices and post roads
- To punish piracy and crimes on the seas
- To declare war
- To raise and equip armies (but not to be funded longer than two years)
- To provide for a Navy
- To call forth the militia
These are a few of the very limited number of powers that the Constitution grants unto the national government. Any powers not listed in the Constitution belong to the States or the people. As a free people who wish to remain free, we must hold our national legislature accountable to the Constitution for all laws that they pass, whether they do indeed have the Constitutional authority to pass them. Our Legislature is NOT authorized by the Constitution to pass any law that they wish, for any reason that they wish, but must have Constitutional authority for it.
"In questions of power...let no more be heard of confidence in
man, but bind him down from mischief by the chains of the
Constitution."
--Thomas Jefferson: Kentucky Resolutions, 1798.Self Study Questions For Review
* These study guide suggestions are included especially for the benefit of homeschooling students who may be using this course as a part of their Civics study for high school credit.
1- Define:
Constitution
CONGRESS (under the Articles)
CONGRESS (under our present Constitution)
Federal
Paramount
Confederacy
2. What was the name of our first ³Constitution²?
3- Why was it replaced?
4- Who, among the founders, supported having a stronger national government?
5- Name something in common between the Articles of Confederation and our Constitution.
[Please do not return the answers to these questions, they are for self-review only]
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