Blogging The Constitution: What Came Before.

by Jezla.

Before we delve into the Constitution itself, I feel it is important to give a brief overview of two documents which preceded it, one familiar to all Americans, the other not so familiar.

The Declaration of Independence.

July 4 is an important date to Americans.  It’s the day we have cookouts and shoot fireworks; it’s our nation’s birthday.  Why?  Because on that day in 1776, the Continental Congress signed the Declaration of Independence, severing our ties to the British Crown and government.  However, the parts of the Declaration that most people remember and like to quote are not the ‘meat’ of the document, and do not represent its purpose.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…

Everyone knows this, right?  But read a little further:

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government.

The section bookended by these quotes is merely an introduction, explaining the principles of the colonists, and asserting that they did not come by the decision to rebel lightly.  The real purpose of the Declaration was to list the crimes committed by King George against the colonists, and it is these accusations which reveals some insights into what later went into the Constitution.  Here are a few of them, with the relevant section of the Constitution in brackets.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. [Article 1, Section 8]

For depriving us in many cases, of the benefit of Trial by Jury: [Amendment 5]

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. [Amendment 1]

For quartering large bodies of armed troops among us: [Amendment 3]

There are many others, most of which involve the King’s affronts to the colonists’ right of property and contract, as well as their right to govern themselves with their own Legislatures.

A final note on the Declaration: it declares the independence of the thirteen States united, not of the nation as a whole.  This is important because it underscores the Founders’ conviction that sovereignty rested with the States, not a central government, which led to the ill-fated Articles of Confederation.

The Articles of Confederation.

The first constitution adopted by the thirteen states, the Articles attempted to unite them under one central government while allowing them to retain their sovereignty.  Even before the revolution, the colonists considered themselves not only Virginians, New Yorkers, etc. but also as Americans.  A union of the States ensured that they would be well-protected from foreign powers, yet still be allowed self-governance.  The Articles were the first definition of this union, a compact of sorts between the states.

Unfortunately, the Articles left too much power in the hands of the States and did not give the central government enough authority to fulfil its duties.  One glaring problem was that the central government had no authority to tax, but had to depend upon the States to voluntarily contribute money.  Needless to say, this left the government perpetually short of funds, and in a vulnerable position vs. foreign powers.

This situation led to a stalemate between the States and the Congress, and eventually they agreed to send delegates to a convention in order to modify the Articles.  When convened, these delegates famously decided to toss out the Articles of Confederation and draft a new Constitution, that which we have today.

Interestingly, the central government originally consisted solely of a Congress of the States, each of which had a single vote.  When the delegates to the Constitutional Convention granted more power to the central government, they separated it into three branches and instituted checks and balances.

The Articles are interesting reading, particularly Article XI, which invited Canada (then still a colony of Britain) to join the United States.  Some of the features of the Articles were retained by the Constitution, but we’ll deal with those as we go through it.

This concludes this installment.  Thanks for reading!  Next week, we’ll begin our actual examination of the Constitution by looking at the Preamble.