The Constitution of the United States Part 9: "Law of the Land"

The Constitutional Convention has created the most brilliant political system ever devised. Now they need to make sure that people follow it.

Article VI has some "housekeeping items" that are necessary before they end the convention.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This clause simply states that the United States will honor the obligations it had under the Articles of Confederation as it transitions to the Constitution.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

This is it. This makes the Consitution the Supreme Law of the Land. Any law that is passed at the federal, state or local level must be in compliance with the Consitution. If you remember back to Part 6: "The Judicial Branch," the Supreme Court has the final say on whether an action by the legislative brand or executive branch is supported by the constitution. The checks put in place by allowing the executive branch to nominate and the legislative branch to confirm, combined with the lifetime appointment preventing "re-election" decisions, prove to be a beautifully designed system of balance.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Lastly, the final clause in Section VI, and basically the final clause in the constitution states that everyone who is elected by the people to serve the people will take an oath to support the Constitution. Notice that they are not taking an oath to the country, a state, or a leader, but the constitution itself.

The oath of office for the President of the United States was very specifically stated in Article II, covered in Part 5: "The Executive Branch," of this series.

The oath of office is as follows:

I, <State Your Name>, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

 

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

Leave a comment and share this post!

Resources:

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

Other various sources.

https://constitutionus.com/

The Constitution of the United States Part 8: "Amendments"

Article V of the U.S. Constitution is very short, but might be the most brilliant portion, in that it allows our Country to self-correct itself. The founders wanted what they were producing to be able to last through hardship and also adjust itself as the country evolved and grew. At the same time, they understood that the Constitution should not be easy to change. Here is Article V, broke down into digestible chunks.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution,when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;

conventionofstates.com

This part gives us two ways that we can amend the constitution. First off, it can be down with a proposal of 2/3 of the House of Representatives and the Senate. It can also be amended if 2/3 of the states call for a convention. It is important to understand that 2/3 simply brings up the proposal of amendment, but 3/4 of the applicable bodies must ratify, or approve the amendment. It also states that however, the amendment comes to pass, it will be "part of this constitution." When you look up the Constitution online, you will see some parts are either struck through or there will be a note about a certain section. This is because particularly part of the constitution was changed by an amendment. 

Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

This section is interesting and relates back to Article I of the Consitution. Taken directly from Part 4 of this series: 

The Migration or 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.

In simple terms, Section nine, clause one protects the slave trade.
Several states had already outlawed trading slaves within their state boundaries, and Southern states were worried that because Congress would have the power to control trade, that they would end the slave trade altogether, crippling their economies. Charles Pickney of South Carolina said, "South Carolina and Georgia cannot do without slaves."  Both states threaten to leave the Convention over the matter. To keep things moving, the slave trade was protected for 20 years, after which the slave trade would be forbidden.

The fourth clause of Article 1 Section 9 restricts the federal government from unfairly collecting taxes. 
Both of those clauses would be changed through the amendment process. The 13th Amendment ended slavery, the 14th Amendment granted former slaves citizenship, and the 15th amendment gave all citizens, regardless of race, colors, or previous condition of servitude, the right to vote. 

The 16th amendment gave Congress the power to lay and collect taxes on incomes. You and I know it as income tax.

The last section is about pushback against the "great compromise" as outlined in part 3 of this series, whereas each state was granted two votes in the senate. The founders wanted to make sure that each state was given equal representation in the senate. That guarantees that no amendment can take too much power away from the smaller states.

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

Leave a comment and share this post!

Resources:

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

https://constitutionus.com/