The Tale of the Constitution, Part 2

One of the first major debates at the Constitutional Convention was an indignant argument between supporters of the New Jersey Plan - in which Congress would be composed of one house where each state received a single delegate - and the Virginia Plan, in which Congress would be composed of two houses where each state received a number of delegates proportionate to their population. Roger Sherman proposed the Connecticut Compromise, which advocated a bicameral legislature containing the population-based House of Representatives and the Senate, where each state would have only 2 delegates. On July 16, 1787, the Connecticut Compromise was approved, and the rest of the Constitution began to fall into place. With the formation of the House of Representatives, however, came a second debate: How would slaves factor into the census and thus the number of delegates each state had in Congress? In other words, would slaves be counted as citizens or not? Delegates from slave states like Georgia, North Carolina, Maryland, and Virginia wanted to count slaves as citizens so that their population would be higher, giving them a larger voice in Congress. Meanwhile, delegates from free states like Connecticut, New Jersey, Massachusetts, Pennsylvania, and New Hampshire didn't want to count slaves as citizens, pointing out that their legal rights weren't respected and that counting them as citizens would be an illogical policy that would artificially inflate the southern presence in Congress.

To quell this debate, another compromise was produced: Slaves would be factored into the census, but not as full citizens. More specifically, slaves would be counted as 3/5 of citizens, with 5 slaves equating to 3 citizens. This became the infamous 3/5 Compromise, which was reluctantly accepted by northern delegates and was enough to appease southern delegates. Afterward, the structure of the American government became far clearer: The federal government would be composed of 3 branches. The first would be the legislative branch or Congress. Congress would be bicameral, with the House of Representatives giving each state 1 delegate for every 30,000 citizens, while the Senate gave 2 delegates to every state, regardless of population. To be a member of the House of Representatives, someone would have to be 25 years or older and would have to have lived in the US for 7 years straight. Members of the House of Representatives would be up for reelection every 2 years. The qualifications for Senator were more stringent, with the minimum age being 30 and Senators having to be American citizens for at least 9 consecutive years. Although the criteria were more restrictive, seats in the Senate were more secure, expiring after 6 years. Every 2 years, though, 1/3 of the Senate would be up for reelection. While Senators were appointed by state legislatures, representatives were directly elected.

Additionally, there was the executive branch or president. The president would have to be born in the US or born to US citizens and would need to be 35 years or older. They also would have to have lived in the United States for 14 years straight. The president would serve 4-year terms and they would be chosen by the Electoral College. Delegates to the Electoral College would be chosen by the state legislature, with each state receiving a number of delegates equal to their amount of representatives in Congress, plus an additional 3 delegates. Whoever secured a majority of votes in the Electoral College would become president, while the second-place candidate would become vice president. In 1804, the Twelfth Amendment required presidential candidates to pick someone to serve as vice president in the event of their victory, rendering the second-place rule obsolete. The third and final branch of the federal government would be the Supreme Court. There was no set number of Supreme Court members, nor were any qualifications described. However, it was decided that, like all other public offices in the US, no one could be removed or hired from the institution on the basis of their religious faith.

Each branch was given a set of enumerated powers too. Congress was asked to produce legislation utilizing certain abilities, such as regulating the economy, establishing branches of the military, passing copyright laws, building postal routes, and setting up rules for the government, among other things. Unlike the president or the Supreme Court, Congress was gifted with one mechanism through which they could loosen the confines of enumerated powers: The Necessary and Proper Clause. In effect, the Necessary and Proper Clause permits Congress to use powers not mentioned within the Constitution provided that the use of that power helps enforce other provisions of the Constitution. If a majority of people in both houses of Congress voted in favor of a bill, it would go to the president. Since the House of Representatives was directly elected, only it had the power to pass taxes or revenue reform. The president could implement the law by signing it, or reject it by vetoing it. If Congress was still meeting, then a bill would take effect in 10 days if the president made no decision on the bill within that time period. If Congress adjourned, then the president would have as long as they liked to decide. If a bill was vetoed, then the president would return it to Congress. If a 2/3 majority of both houses still endorsed the bill, it would become law regardless. The vice president was also entrusted with casting tie-breaking votes in the Senate.

By far, the most vague provisions of the Constitution are those describing the Supreme Court and its powers. Via the Constitution, the Supreme Court has only two powers: Providing a verdict to cases that lower courts could not decide and ruling over cases involving government officials. Surprisingly, the ability we most associate with the Supreme Court - determining if laws are Constitutional and ending the enforcement of laws that don't pass the exam - is not mentioned in the Constitution or any of its amendments. Rather, the court gave itself that power in a case called Marbury v. Madison. To appease southern interests, the Constitution included not just the 3/5 Compromise but also clauses protecting the ability of slaveowners to enter free states in search of escaped slaves and prohibiting the federal government from banning the importation of slaves into the Union until 1808 at the earliest. The Constitution also contains a procedure through which it can be altered: An amendment would be proposed in Congress like any other bill. However, unlike most bills, the amendment would need the approval of 2/3 of each house to go any further. Once it passes Congress, the amendment would be given to the states. Once 3/4 of the states ratified the amendment, it would take effect. At the very end of the original Constitution, it was declared that the Constitution would take effect once it won the approval of 9 of the then-13 states.

Most of these ideas were created and endorsed by the convention come the end of August 1787 and the start of September 1787. Thus, on September 8, 1787, the Committee of Style and Arrangement was founded. The committee's members - Alexander Hamilton, James Madison, William Johnson, Gouverneur Morris, and Rufus King - were tasked with articulating the convention's ideas, solidifying their proposals and beliefs into a physical, legal document. Morris completed most of the wording, with a scribe named Jacob Shallus actually writing down his thoughts on a piece of paper. By September 11, 1787, the writing process was complete and so the Committee of Style and Arrangement was disbanded. Just under a week later, 39 of the 55 delegates to the Constitutional Convention signed the finished document. From there, the convention dispersed and the Constitution was sent to the Congress of the Confederation for approval. On September 28, 1787, the Congress of the Confederation expressed its support for the new charter of the government, sending it to the states for approval.

Numerous states were hesitant to approve the new constitution, fearing that it would enable tyranny at the federal level. This concern was especially intense in New York. So, Hamilton decided to write a series of essays defending the Constitution. He went on to recruit Madison and John Jay for assistance. Madison, Hamilton, and Jay decided not to write the essays under their real names. This is because the Constitutional Convention was held in secret, with the delegates trying to avoid popular pressure by not announcing policies or reforms before the convention adjourned. Wanting immunity from allegations of betraying that secrecy, they chose to write under a pseudonym. All 3 men operated under the name "Publius", referencing a general who, in retaliation against the news that the son of a Roman king had gotten away with raping and killing a noblewoman named Lucretia, helped the people of Rome topple the Kingdom of Rome and establish the Roman Republican back in -509 BCE. On October 27, 1787, the first of these essays, known collectively as The Federalist Papers, was published. 85 were released in total, with the final coming out on May 28, 1788. Hamilton wrote the most at 51, while Madison and Jay wrote 29 and 5 respectively. Jay would have written more, but he suffered from health issues that left his fingers too inflamed to write.

The Federalist Papers likely did help persuade New York to approve the Constitution, but New York wasn't the first state to do so. Delaware was actually the first state to approve the Constitution, doing so on December 7, 1787. A few more states followed, but it wasn't enough to secure the enactment of the Constitution. Publius insisted that the Constitution limited federal power to what was explicitly mentioned, but this did not quell the tremors and murmuring. Americans could not move past the fear that the new federal government would trample on states' rights and individual freedom. So, in February 1788, federalists (i.e. people who supported the Constitution) and anti-federalists (i.e. people who opposed the Constitution) in Massachusetts agreed on a compromise. Known as the Massachusetts Compromise, the deal required the anti-federalists to vote in favor of the Constitution once the state met to decide its stance. In exchange, the anti-federalists reserved the right to, at the meeting, suggest ways that the Constitution could better protect personal freedom and state sovereignty. News of this model spread across the map and inspired similar compromises in states still torn over the issue. On June 21, 1788, New Hampshire became the 9th state to approve the Constitution. The Constitution was now ratified and was set to take effect on March 4, 1789.

During the closing months of 1788, several elections were held to decide who would work in Congress. A presidential election was also held. George Washington, a figure popular both with federalists and anti-federalists for his role in ensuring America's independence during the Revolutionary War, reluctantly ran for president. Despite his uneasiness with the prospect of the presidency, he easily won the election, receiving the vote of every single delegate to the Electoral College. In the popular vote, Washington also secured a sweeping victory. The second-place contestant was John Adams. On March 4, 1789, the Articles of Confederation were rendered defunct and the Congress of the Confederation disbanded. In its place, the Constitution plugged the gap and both the House of Representatives and Senate were founded. As previously mandated, members of Congress were inaugurated on this day, beginning the federal government's operations under the Constitution. However, due to a severe blizzard, neither Washington nor Adams was in New York City (the capital at the time) on the day the Constitution took effect. Even if they were, that same blizzard prevented enough Congressmen from being in New York City for a proper inauguration ceremony to take place.

On April 21, 1789, Adams took the oath of office, becoming the first vice president in American history. 9 days later, on April 30, 1789, Washington too took the oath of office, becoming the first president of the United States of America. Just over a month later, on June 1, 1789, Washington signed the first law passed under the Constitution: The Oaths Act of 1789. The Oaths Act of 1789 essentially created the oath of office that new Congressmen would have to take before entering office. The oath went as follows: "I, [name of Congressman], do solemnly swear that I will support the Constitution of the United States." The bill also allowed Congressmen to say that they "affirm" the oath, rather than "swear" the oath. Exactly a week later, on June 8, 1789, Madison, now a member of the House of Representatives, gave a speech to Congress discussing the Massachusetts Compromise. Madison originally opposed the Massachusetts Compromise, believing that it was redundant due to the concept of enumerated powers. Furthermore, he feared that listing out specific rights at the end of the Constitution could create a dangerous precedent saying that these were the only rights people possessed. Still, he felt like obeying the Massachusetts Compromise was necessary toward ensuring popular support for the Constitution.

In the speech, Madison listed 19 suggestions made by the states that he felt were the most poignant, effective, or important. Of these, 2/3 of Congress approved 12. Then, the states approved 10 of the amendments supported by Congress. On December 15, 1791, the necessary 3/4 of all states endorsed the amendments, adding the Bill of Rights to the Constitution. The Bill of Rights is as follows:

• The First Amendment, which protects freedom of speech, freedom of the press, the right to petition the government, the right to peacefully protest, and freedom of religion. It also enshrines the separation of church and state.
• The Second Amendment, which protects gun rights.
• The Third Amendment, which prohibits soldiers from forcibly residing within the homes of Americans.
• The Fourth Amendment, which protects Americans from unwarranted searches and seizures.
• The Fifth Amendment, which protects Americans from having to testify against themselves or being tried for the same crime twice. It also requires that if someone loses their property for reasons other than a criminal conviction, they must be financially reimbursed.
• The Sixth Amendment, which ensures that no American would be convicted of a crime before receiving a fair and speedy trial in which a lawyer is present arguing that the accused is innocent. The verdict must also be decided by a jury.
• The Seventh Amendment, which requires the presence of a jury in any civil cases where the damages in dispute exceed $20 in value.
• The Eighth Amendment, which bans cruel and unusual punishment.
• The Ninth Amendment, which says that no American can have their rights denied or abridged simply because those rights aren't expressly mentioned within the Constitution.
• The Tenth Amendment, which transfers any power not given to the federal government by the Constitution to the states and ordinary citizens.