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  • The Declaration of Independence

     |  The Apple of Gold/Frame of Silver

    The Declaration of Independence The Declaration of Independence With the War for Independence over a year old and hope for a peaceful resolution nonexistent, the Continental Congress appointed a Committee of Five—including Thomas Jefferson, John Adams, and Benjamin Franklin— to draft a document "declar[ing] the causes which impel [the American colonies] to the separation." Thirty-three-year-old Jefferson composed the initial draft, completing it in seventeen days. The committee submitted its draft to Congress on June 28, 1776, and on July 2, Congress voted for independence. Two days later, after numerous edits, Congress approved the Declaration of Independence by unanimous vote. July 4, 1776 The Unanimous Declaration of the Thirteen United States ...

  • Second Treatise of Government

     |  The Apple of Gold/Frame of Silver

    Second Treatise of Government Second Treatise of Government 1 John Locke (1632-1704) Locke's Two Treatises of Government presented a critique of the divine right of kings and outlined the principles of natural rights and government by consent. Written during the 1670s, they were not published until after the Glorious Revolution of 1688 and the passage of the English Bill of Rights in 1689. Locke was the political theorist quoted most frequently by Americans in the 1770s. 1690 Chapter II. Of the state of nature. 4. To understand political power right, and derive it from its original, we must consider what state all men are naturally in, and that is, a state of perfect freedom to order their actions and dispose of their possessions, and persons ...

  • The Constitution of the United States of America

     |  The Apple of Gold/Frame of Silver

    The Constitution of the United States of America The Constitution of the United States of America Fifty-five delegates from twelve states (Rhode Island declined to participate) traveled to Philadelphia to attend the Constitutional Convention, which began in May 1787. They quickly scrapped the existing Articles of Confederation, and after four months they concluded their business by adopting a new frame of government. On September 17, thirty-nine delegates signed the Constitution. It was nine months before the requisite nine states ratified the Constitution, putting it into effect. The thirteenth state, Rhode Island, did not ratify it until 1790. Subsequently, it has been amended twenty-seven times. September 17, 1787 Preamble We the People of ...

  • A Summary View of the Rights of British America

     |  Natural Rights/American Revolution

    A Summary View of the Rights of British America A Summary View of the Rights of British America 1 Thomas Jefferson Jefferson began his public career in 1769 in the Virginia House of Burgesses, the colonial legislature. British implementation of the Coercive Acts of 1774 (also known as the Intolerable Acts)—passed in response to the Boston Tea Party—prompted the "Summary View," Jefferson's first publication. Written for Virginians who were choosing delegates to the First Continental Congress, it laid the groundwork for later appeals by a "free people, claiming their rights as derived from the laws of nature." July 1774 Resolved, that it be an instruction to the said deputies when assembled in General Congress with the deputies from the other ...

  • Common Sense

     |  Natural Rights/American Revolution

    Common Sense Common Sense 1 Thomas Paine (1737-1809) Published anonymously in January 1776 by an Englishman who had come to Philadelphia two years before, Common Sense became the most published work of the founding era. Printed over half a million times in a nation of three million people, it made a passionate case for liberty and against monarchy. Unpopular in later life for his attacks on Christianity, Paine will always be remembered for this pamphlet—a pamphlet often said to have launched the American Revolution. January 10, 1776 On the Origin and Design of Government in General, With Concise Remarks on the English Constitution Some writers have so confounded society with government, as to leave little or no distinction between them ...

  • The Northwest Ordinance

     |  Religion, Morality, and Property

    The Northwest Ordinance The Northwest Ordinance Adopted by the Congress of the Confederation in 1787, the Northwest Ordinance set forth a model for the expansion of the American republic. Providing a governing structure for the territory that would later become Ohio, Indiana, Illinois, Michigan, and Wisconsin, it prohibited slavery, protected religious liberty, and encouraged education. Following the adoption of the Constitution, the new Congress passed the Northwest Ordinance again in 1789. July 13, 1787 An Ordinance for the government of the territory of the United States northwest of the river Ohio Section 1. Be it ordained by the United States in Congress assembled, That the said territory, for the purpose of temporary government, be one ...

  • Memorial and Remonstrance against Religious Assessments

     |  Religion, Morality, and Property

    Memorial and Remonstrance against Religious Assessments Memorial and Remonstrance against Religious Assessments 1 James Madison (1751-1836) Madison circulated the Memorial and Remonstrance anonymously in 1785 as part of the effort to pass the Virginia Statute for Religious Freedom. It appeals to Christian citizens by emphasizing that Christianity's own teachings preclude politically coerced support for particular sects, and to all citizens based on reason. June 20, 1785 To the Honorable the General Assembly of the Commonwealth of Virginia: A Memorial and Remonstrance We the subscribers, citizens of the said Commonwealth, having taken into serious consideration, a Bill printed by order of the last Session of General Assembly, entitled "A ...

  • Letter to James Madison

     |  Articles of Confederation

    Letter to James Madison Letter to James Madison 1 George Washington Washington writes here to Madison, two months before the Constitutional Convention was set to start in Philadelphia. A year earlier, only twelve men from five states attended a gathering held in Annapolis, Maryland, to amend the Articles of Confederation. Both men feared the consequences should this convention similarly fail. March 31, 1787 My dear Sir: At the same time that I acknowledge the receipt of your obliging favor of the 21st. Ult. from New York, I promise to avail myself of your indulgence of writing only when it is convenient to me. If this should not occasion a relaxation on your part, I shall become very much your debtor—and possibly like others in similar ...

  • Query XIII: Constitution

     |  Articles of Confederation

    Query XIII: Constitution Notes on the State of Virginia, Query XIII: Constitution 1 Thomas Jefferson Virginia, the most populous state, adopted its state constitution in 1776, a month before the Declaration of Independence passed Congress. Jefferson, Virginia's governor from 1779 to 1781, addressed the problems that plagued the state's first attempt at self-government in his 1784 book, Notes on the State of Virginia. 1784 The Constitution of the State and its Several Charters ...This constitution was formed when we were new and unexperienced in the science of government. It was the first, too, which was formed in the whole United States. No wonder then that time and trial have discovered very capital defects in it. 1. The majority of the men in the ...

  • Letter Transmitting the Constitution

     |  Rethinking Union and Government

    Letter Transmitting the Constitution Letter Transmitting the Constitution 1 George Washington As they affixed their names to the new Constitution, the Framers understood that their work had just begun. Four months of debate and compromise paled in comparison to the challenge of convincing the states to ratify. Unanimity was not necessary for the Constitution to go into effect—only nine of thirteen states were needed—but they knew that without the approval of the largest of the states, including New York, Virginia, and Pennsylvania, their work would be for naught. Congress sent this letter to each state to begin the ratification process. September 17, 1787 Sir: We have now the honor to submit to the consideration of the United States in ...

  • Brutus I

     |  Rethinking Union and Government

    Essay I Essay I 1 Brutus Supporters of the Constitution dubbed their opponents "Anti-Federalists." Opponents resented the label, but it stuck. The Anti-Federalist author Brutus—most likely New York lawyer Robert Yates—penned this essay, the first of sixteen, a month after the Constitution was completed. Having attended the first month of the Constitutional Convention, Yates had left, disgusted with what he perceived as a plan that would give far too much power to the central government. October 18, 1787 To the Citizens of the State of New-York: When the public is called to investigate and decide upon a question in which not only the present members of the community are deeply interested, but upon which the happiness and misery of generations ...

  • Federalist 47

     |  Rethinking Union and Government

    Federalist 47 Federalist 47 1 James Madison Anti-Federalists argued that the Constitution violated the maxim of the French political philosopher Montesquieu that the three branches of government should be "separate and distinct" in order to guard against tyranny. Using Montesquieu's own examples and the examples of American state constitutions, Publius refutes the idea that partial overlap of the branches is dangerous to liberty. January 30, 1788 The Particular Structure of the New Government and the Distribution of Power Among its Different Parts Having reviewed the general form of the proposed government and the general mass of power allotted to it, I proceed to examine the particular structure of this government, and the distribution ...

  • Federalist 48

     |  Rethinking Union and Government

    Federalist 48 Federalist 48 1 James Madison Taking the argument of the previous paper one step further, Publius argues that overlapping branches are essential to the maintenance of separation of powers. Unless each branch possesses "practical security" against the other two, departmental boundaries will be mere "parchment barriers" and the legislative branch will likely absorb all power to itself. February 1, 1788 These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other It was shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next ...

  • Federalist 49

     |  Rethinking Union and Government

    Federalist 49 Federalist 49 1 James Madison Thomas Jefferson proposed a direct appeal to the people as a method of solving constitutional disputes among the branches. Publius argues that in addition to being dangerous, such a system would inherently favor the legislative branch. What is more, such appeals would give the impression that the Constitution is defective, thus depriving it of veneration. February 2, 1788 Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention The author of the Notes on the State of Virginia, quoted in the last paper, has subjoined to that valuable work the draught of a constitution, which had been prepared in order to be laid before a convention ...

  • Federalist 51

     |  Rethinking Union and Government

    Federalist 51 Federalist 51 1 James Madison Publius argues that the Constitution will maintain separation of powers by means of its "interior structure." The "great security" against tyranny is to give the members of each department the "necessary constitutional means" combined with the requisite "personal motives" to resist encroachments on their power. The fact "that such devices should be necessary to control the abuses of government" is a "reflection on human nature." February 6, 1788 The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments To what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments as ...

  • Federalist 70

     |  Three Branches of Government

    Federalist 70 Federalist 70 1 Alexander Hamilton To prevent the president from becoming monarchical, Anti-Federalists recommended a plural executive, shorter terms, and a one-term limit. Publius argues for the presidency as structured in the Constitution, and explains the necessity of an energetic executive. March 14, 1788 The Executive Department Further Considered There is an idea, which is not without its advocates, that a vigorous executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles ...

  • Federalist 71

     |  Three Branches of Government

    Federalist 71 Federalist 71 1 Alexander Hamilton Publius continues his defense of the presidency under the Constitution. March 18, 1788 The Duration in Office of the Executive Duration in office has been mentioned as the second requisite to the energy of the executive authority. This has relation to two objects: to the personal firmness of the executive magistrate in the employment of his constitutional powers, and to the stability of the system of administration which may have been adopted under his auspices. With regard to the first, it must be evident that the longer the duration in office, the greater will be the probability of obtaining so important an advantage. It is a general principle of human nature that a man will be interested ...

  • Federalist 72

     |  Three Branches of Government

    Federalist 72 Federalist 72 1 Alexander Hamilton Anti-Federalists argued that an executive without term limits could, through demagoguery, keep office for as long as he could manipulate the public. Publius counters that re-eligibility will encourage good behavior. Subsequently, the Twenty-Second Amendment, enacted in 1951, limited the presidency to two terms. March 21, 1788 The Same Subject Continued, and Re-eligibility of the Executive Considered The administration of government, in its largest sense, comprehends all the operations of the body politic, whether legislative, executive, or judiciary; but in its most usual and perhaps its most precise signification, it is limited to executive details, and falls peculiarly within the province ...

  • Federalist 73

     |  Three Branches of Government

    Federalist 73 Federalist 73 1 Alexander Hamilton Although all legislation originates in Congress, the executive plays an integral role through the veto power. March 21, 1788 The Provision for the Support of the Executive, and the Veto Power The third ingredient towards constituting the vigor of the executive authority is an adequate provision for its support. It is evident that without proper attention to this article, the separation of the executive from the legislative department would be merely nominal and nugatory. The legislature, with a discretionary power over the salary and emoluments of the Chief Magistrate, could render him as obsequious to their will as they might think proper to make him. They might, in most cases, either reduce ...

  • Federalist 74

     |  Three Branches of Government

    Federalist 74 Federalist 74 1 Alexander Hamilton The president can act "with secrecy and dispatch," two qualities which the legislature and the judiciary will never possess. March 25, 1788 The Command of the Military and Naval Forces, and the Pardoning Power of the Executive The President of the United States is to be "commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States." The propriety of this provision is so evident in itself and it is at the same time so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it. Even those of them which have in other respects coupled the ...
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