Tuesday, May 5, 2020

The United States Constitution Part 1: Introduction

I was questioning if I should even write a series on the Constitution because I'm not sure I'm qualified. Some people spend their entire lives dedicated to constitutional law. I am a modest, 8th-grade history teacher.

However, it is just as much my constitution, as it is the constitution of a Chief Justice, and just as much yours if you are a United States citizen. So I'm going to go for it. I hope that by reading my take on the constitution you gain a better understanding and perhaps answer some questions.

This is the first in a 10 part series on the United States Constitution.  Before we can dig into the greatest political document ever created, we have to remember how we go there.

After the declaration of independence was signed and sent to King George III, the revolutionary war raged between the newly declared United States and the most powerful military in the world. Eventually, the British were defeated and forced to surrender under the leadership of George Washington. We will hear that name quite a bit.

The Treaty of Paris

After their defeat, the British refused to stand on AMERICAN soil for treaty negotiations, and the American representatives wouldn't go to England. So where would they meet? Representatives from Britan and America met in Paris, France to sign the treaty that would end the war between their two nations. There were three main parts of the Treaty of Paris.
  1. The United States would be recognized as a free and independent country.
  2. Britain would give up all claims of land between Canada and Florida, from the East coast to the Mississippi River.
  3. The United States would give loyalists (those who were rooting for Brittan) all of their rights and property back to them.  
U.S. DoS
The terms were agreed to and the ready was signed by both countries, officially ending the American Revolution. There was a painting done to capture the historic event, but it was left unfinished because the British representatives refused to pose. They were saltier than a cup of tea dipped out of Boston harbor!

The Articles of Confederation

Now that America was a free and independent country, they needed to figure out how to govern themselves. They knew they didn't want a strong central government like the tyrannical King of England. So they decided to go in the opposite direction.

The central government could declare war, develop an Army and a Navy, print money, and develop the postal system. Each state would get one vote in the new congress. The one thing that the federal government couldn't do was raise taxes. They had to ask the states for money to do anything!

The states had most of the power under the Articles of Confederation and could conduct trade and make deals with other countries on their own. When states had disagreements with each other, there was no system in place to setal the disputes. On the spectrum of power, the Articles of Confederation simply did not give enough power to the federal government to do anything that would lead the country effectively.
The Constitutional Convention
So now what? The founding fathers knew they needed to do something, and do it fast or this newly formed nation would fall apart. There was a King 3,000 miles away who was betting that would happen.

In May of 1787, delegates from each state except Rhode Island converged on the Pennslyvania statehouse, the same room where they stood 11 years earlier to declare their independence, and hammered out what we know today as the United States Constitution.  A few notes about the Constitutional Convention.
  1. George Washington was elected president of the convention. He was also the leader of the Continental Army that whipped the British and would go on to be elected the first President of the United States. I can not fathom that man's leadership ability and skill, but I would sure like to learn more about him.
  2. James Madison is known as the "Father of the Constitution" because of his intense study of world governments before the convention. He also took impeccable notes on the convention, documenting all of the ideas and debate.
  3. The convention was held in complete secrecy. NO ONE was allowed inside the hall while the debate was taking place. At one point, George Washington found a piece of paper that was carelessly left. A military man like himself understood the importance of secrecy, so at the end of the day, he hammered the delegates and insisted that they be more diligent. Secrecy was so important because it allowed for free debate without fear of public opinion stifling conversation. Not one word of what was happening inside the four walls of the statehouse ever leaked to the press.
  4. Remember Rhode Island? They boycotted the convention fearing that a strong central government would crush any voice they had in the new nation. In hindsight, they probably should have gone so they could get some digs in on the larger states.
Once the convention was over, the newly drafted constitution was sent to the states for debate. It was an absolute masterpiece of legal, political, and government likes of which the world has never seen. With that, some people were opposed to it for various reasons. In the end, it was adopted, but not until it was promised that individual rights were protected in what we now know as the "Bill of Rights."

James Madison thought the idea of a bill of rights protecting individual freedom was absolutely preposterous. He didn't believe for one second that free men would vote away their right to free speech or to protect themselves. Again, hindsight being what it is, I think we are all grateful for the men who pushed to protect those rights. Madison agreed to add a bill of rights in a, "ratify now, amend later" type of attitude.

Deleware voted to ratify the constitution unanimously on December 7, 1787. Pennsylvania followed on December 12, and New Jersey on December 18.  Other states quickly followed suit and on June 21, 1788, New Hampshire voted to ratify making it the 9th state to ratify and making the constitution the law of the land. A few notes about ratification.
  1. Delaware, New Jersey, and Georga voted unanimously to ratify
  2. Massachusetts did not want to ratify the constitution unless there was a promise of a bill of rights. They voted to ratify by a vote of 187 in favor and 168 against.
  3. The last state to ratify the constitution. See if you can guess: Rhode Island by a vote of 34 in favor and 32 against. For 8th graders to remember that they boycotted the convention and were the last on board, I refute to them as "ROGUE ISLAND!"
The constitution provided a balance between the tyrannical King George III and the weak and almost useless article of confederation. Today, that balance shifts to the left and to the right based on who holds the majority in the House of Representatives and the Senate, as well as who occupies the oval office. However, the shift can never get too far from the intended centers because of the brilliance and persistence of the men who met in Philadelphia to give us the greatest governing document ever conceived. Thanks, fellas!

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Here is a link to the U.S. Constitution.


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Resources:

Dates of Ratification of the Constitution. (n.d.). Retrieved from https://teachingamericanhistory.org/library/document/dates-of-ratification-of-the-constitution/

Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.

U.S. Department of State. U.S. Department of State. Accessed April 12, 2020. https://2001-2009.state.gov/r/pa/ho/time/ar/14313.htm.

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