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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 ...
  • 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 ...
  • Virginia Declaration of Rights

     |  Religion, Morality, and Property

    Virginia Declaration of Rights Virginia Declaration of Rights 1 George Mason (1725-1792) The Virginia Declaration of Rights, drafted by George Mason as a preamble to the Virginia Constitution, is—along with the Declaration of Independence that followed a month later—the clearest statement of the social contract theory of government found in major early American documents. June 12, 1776 A declaration of rights made by the Representatives of the good people of Virginia, assembled in full and free Convention; which rights do pertain to them and their posterity, as the basis and foundation of Government. Section 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state ...
  • 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 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 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 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 ...
  • Brutus XI

     |  Three Branches of Government

    Essay XI Essay XI 1 Brutus Here Brutus criticizes the power granted by the Constitution to an independent judiciary. January 31, 1788 The nature and extent of the judicial power of the United States, proposed to be granted by this constitution, claims our particular attention. Much has been said and written upon the subject of this new system on both sides, but I have not met with any writer, who has discussed the judicial powers with any degree of accuracy. And yet it is obvious, that we can form but very imperfect ideas of the manner in which this government will work, or the effect it will have in changing the internal police and mode of distributing justice at present subsisting in the respective states, without a thorough investigation ...
  • Federalist 78

     |  Three Branches of Government

    Federalist 78 Federalist 78 1 Alexander Hamilton Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution. June 14, 1788 The Judiciary Department We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which ...
  • Marbury v. Madison

     |  Three Branches of Government

    Marbury v. Madison Marbury v. Madison 1 John Marshall (1755-1835) Thomas Jefferson's election as president is often called the "Revolution of 1800," because it marked the first peaceful transfer of power from one political party to another. Despite its uniquely pacific character, the election's aftermath was marked by partisan rancor. The day before Jefferson took office, President John Adams commissioned fifty-eight Federalist judges. Upon assuming office Jefferson ordered his Secretary of State, James Madison, to withhold their commissions. One of them, William Mar-bury, brought a case that eventually reached the Supreme Court, where Chief Justice Marshall wrote an opinion that established the power of judicial review. 1803 Mr. Chief Justice ...
  • Speech on the Dred Scott Decision

     |  Crisis of Constitutionalism

    Speech on the Dred Scott Decision Speech on the Dred Scott Decision 1 Abraham Lincoln Lincoln argues that Chief Justice Taney's opinion in Dred Scott v. Sandford violated America's founding principles and rewrote American history. June 26, 1857 ...And now as to the Dred Scott decision. That decision declares two propositions—first, that a negro cannot sue in the U.S. Courts; and secondly, that Congress cannot prohibit slavery in the Territories. It was made by a divided court—dividing differently on the different points. Judge Douglas does not discuss the merits of the decision; and, in that respect, I shall follow his example, believing I could no more improve on McLean and Curtis, than he could on Taney. He denounces all who question ...
  • First Inaugural Address

     |  Secession and Civil War

    First Inaugural Address First Inaugural Address 1 Abraham Lincoln Lincoln's First Inaugural Address, delivered a month after the formation of the Confederacy, served as a final plea for Americans to reunite. Lincoln makes clear that he has no intention to change the status of slavery in the states where it exists, having no constitutional authority to do so. He makes equally clear that secession is not a constitutional option. March 4, 1861 Fellow citizens of the United States: In compliance with a custom as old as the government itself, I appear before you to address you briefly, and to take, in your presence, the oath prescribed by the Constitution of the United States, to be taken by the President "before he enters on the execution of ...
  • Liberalism and Social Action

     |  Progressive Rejection of the Founding

    Liberalism and Social Action Liberalism and Social Action 1 John Dewey (1859-1952) As a leading Progressive scholar from the 1880s onward, Dewey, who taught mainly at Columbia University, devoted much of his life to redefining the idea of education. His thought was influenced by German philosopher G.W.F. Hegel, and central to it was a denial of objective truth and an embrace of historicism and moral relativism. As such he was critical of the American founding. 1935 1. The History of Liberalism ...The natural beginning of the inquiry in which we are engaged is consideration of the origin and past development of liberalism. It is to this topic that the present chapter is devoted. The conclusion reached from a brief survey of history, namely ...
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