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  • 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 ...

  • 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 ...

  • Letter to the Danbury Baptist Association

     |  Religion, Morality, and Property

    Letter to the Danbury Baptist Association Letter to the Danbury Baptist Association 1 Thomas Jefferson The Danbury Baptist Association, aware of Jefferson's earlier role in overturning the Anglican establishment in Virginia, expressed hope that as president he might help liberate them from the religious constraints in Connecticut. Jefferson's response, in which he employs the famous "wall of separation between church and state" metaphor, is not a demand for the separation of religion and politics; rather, it addresses the principle of federalism. As president, Jefferson is unable to interfere in this state issue. Likewise, Congress is prohibited from doing so by the First Amendment's religion clauses. The citizens of Connecticut must remedy their situation ...

  • The Articles of Confederation

     |  Articles of Confederation

    The Articles of Confederation The Articles of Confederation Pennsylvanian John Dickinson—who declined to sign the Declaration of Independence because he believed that the states should be organized politically before declaring independence—wrote the first draft of the Articles of Confederation in 1777. Signed into effect that year and ratified in 1781, the Articles provided the structure of government for the states until the Constitution was ratified in 1788. During that period, the Articles' deficiencies became increasingly obvious, and by the time of the Constitutional Convention, few Founders, including Dickinson, defended its continuation. March 1, 1781 To all to whom these Presents shall come, we the undersigned Delegates of the States affixed ...

  • Circular Letter to the States

     |  Articles of Confederation

    Circular Letter to the States Circular Letter to the States 1 George Washington As Commander-in-Chief of the Continental Army, overseen by a national legislature that struggled to fund the War for Independence, General Washington was as familiar as anyone with the defects of the Articles of Confederation. In this, his last circular letter to the states, which he sent to the thirteen governors, Washington emphasizes the need for unity in the maintenance of the nation's independence. June 8, 1783 Sir: The great object for which I had the honor to hold an appointment in the Service of my Country, being accomplished, I am now preparing to resign it into the hands of Congress, and to return to that domestic retirement, which, it is well known ...

  • Letter to John Jay

     |  Articles of Confederation

    Letter to John Jay Letter to John Jay 1 George Washington Washington writes here as a private citizen to Jay, who as Secretary of Foreign Affairs under the Articles of Confederation witnessed firsthand the Articles' shortcomings, as each state pursued a different foreign policy. August 15, 1786 Dear Sir: I have to thank you very sincerely for your interesting letter of the twenty-seventh of June, as well as for the other communications you had the goodness to make at the same time. I am sorry to be assured, of what indeed I had little doubt before, that we have been guilty of violating the treaty in some instances. What a misfortune it is the British should have so well grounded a pretext for their palpable infractions? —and what 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 ...

  • Vices of the Political System of the United States

     |  Articles of Confederation

    Vices of the Political System of the United States Vices of the Political System of the United States 1 James Madison In this essay, Madison outlines the main issues that the Constitutional Convention should address. His early arrival in Philadelphia allowed him to incorporate his ideas into a recommended plan for the Convention—what came to be called the Virginia Plan—representing no mere revision of the Articles of Confederation, but the adoption of an entirely new Constitution. April 1787 1. Failure of the States to comply with the Constitutional requisitions. This evil has been so fully experienced both during the war and since the peace, results so naturally from the number and independent authority of the States and has been so uniformly ...

  • 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 ...

  • Federalist 9

     |  Rethinking Union and Government

    Federalist 9 Federalist 9 1 Alexander Hamilton If too powerful, the central government would be tyrannical. If not strong enough, the Union would not hold together. In pointing out these problems, Publius argues that a solution has been found through a "great improvement" in the "science of politics." November 21, 1787 The Union as a Safeguard Against Domestic Faction and Insurrection A firm Union will be of the utmost moment to the peace and liberty of the States as a barrier against domestic faction and insurrection. It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of ...

  • 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 10

     |  Rethinking Union and Government

    Federalist 10 Federalist 10 1 James Madison Whereas democracy entails direct rule of the people, in a republic the people rule indirectly, through their representatives. A republic can therefore encompass a greater population and geographical area. This difference is decisive in the American experiment, Publius argues, for an expansive republic is able to control the inherent danger of majority faction. November 22, 1787 The Union as a Safeguard Against Domestic Faction and Insurrection Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their ...

  • Federalist 15

     |  Rethinking Union and Government

    Federalist 15 Federalist 15 1 Alexander Hamilton Echoing earlier critiques of the Articles of Confederation, Publius disputes the notion that the national government must be weak in order for liberty to be secured. December 1, 1787 The Insufficiency of the Present Confederation to Preserve the Union In the course of the preceding papers I have endeavored, my fellow-citizens, to place before you in a clear and convincing light the importance of Union to your political safety and happiness. I have unfolded to you a complication of dangers to which you would be exposed, should you permit that sacred knot which binds the people of America together to be severed or dissolved by ambition or by avarice, by jealousy or by misrepresentation. In ...

  • Federalist 23

     |  Rethinking Union and Government

    Federalist 23 Federalist 23 1 Alexander Hamilton Publius argues that the Constitution creates a government limited in the objects it can pursue, but largely free to choose the best means to achieve those ends. December 18, 1787 The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union The necessity of a Constitution, at least equally energetic with the one proposed, to the preservation of the Union is the point at the examination of which we are now arrived. This inquiry will naturally divide itself into three branches—the objects to be provided for by a federal government, the quantity of power necessary to the accomplishment of those objects, the persons upon whom that power ought to operate ...

  • Federalist 39

     |  Rethinking Union and Government

    Federalist 39 Federalist 39 1 James Madison Responding to the Anti-Federalist charge that the Constitution will consolidate power at the national level, Publius sets up a five-prong test to demonstrate that the Constitution will establish neither a wholly national government nor one in which all the power resides with the states. A combination, he argues, creates the best chance for liberty. January 16, 1788 The Conformity of the Plan to Republican Principles The last paper having concluded the observations which were meant to introduce a candid survey of the plan of government reported by the convention, we now proceed to the execution of that part of our undertaking. The first question that offers itself is whether the general form ...

  • Federalist 40

     |  Rethinking Union and Government

    Federalist 40 Federalist 40 1 James Madison In creating the Constitution, the Constitutional Convention overstepped its mandate, which was to amend the Articles of Confederation. Publius cannot dispute this. Instead, he appeals to the principles of the Declaration of Independence to support the Convention's work. January 18, 1788 The Powers of the Convention to Form a Mixed Government Examined and Sustained The second point to be examined is whether the convention were authorized to frame and propose this mixed Constitution. The powers of the convention ought, in strictness, to be determined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference either to the ...

  • Federal Farmer I and II

     |  Rethinking Union and Government

    Letters I and II Letters I and II 1 Federal Farmer Alexander Hamilton acknowledged the Federal Farmer—believed to be either New Yorker Melancton Smith or Virginian Richard Henry Lee—as "the most plausible" Anti-Federalist. Here, the Federal Farmer argues that the federalism of the Constitution is a mirage, for it sets up a structure in which all power will flow to the center. October 8, 1787 Letter I Dear Sir: ...The present moment discovers a new face in our affairs. Our object has been all along, to reform our federal system, and to strengthen our governments—to establish peace, order and justice in the community—but a new object now presents. The plan of government now proposed is evidently calculated totally to change, in time, our ...

  • 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 84

     |  Rethinking Union and Government

    Federalist 84 Federalist 84 1 Alexander Hamilton Although New York had ratified the Constitution by the time this essay was published, the debate it addresses lived on. The original Constitution did not include what came to be known as the Bill of Rights. Many Anti-Federalists ended up supporting the Constitution because of the concession made in some states that the first Congress would adopt a Bill of Rights. Publius here makes no such concession, arguing that a listing of rights would be potentially dangerous. In the end, Publius lost this battle, and even James Madison, despite his earlier opposition, ended up championing the Bill of Rights. August 9, 1788 Certain General and Miscellaneous Objections to the Constitution Considered and Answered ...

  • Federalist 53

     |  Three Branches of Government

    Federalist 53 Federalist 53 1 James Madison Publius often returns to the problem posed by majority tyranny. Here he expresses his preference for biennial over annual elections. February 9, 1788 The Same Subject Continued: The House of Representatives I shall here, perhaps, be reminded of a current observation "that where annual elections end, tyranny begins." If it be true, as has often been remarked, that sayings which become proverbial are generally founded in reason, it is not less true that when once established they are often applied to cases to which the reason of them does not extend. I need not look for a proof beyond the case before us. What is the reason on which this proverbial observation is founded? No man will subject himself ...
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