Creative writing exercise on the viewpoint of an individual during the time of the creation of the American Constitution: for the Constitution
Constitution? Yes Please!
Through my various contacts I have procured a copy of what was called to be a revision of the Articles of Confederation, but being the intellectual giants that are the delegates of the Constitutional Convention they took it upon themselves to toss out the nonfunctioning Articles of Confederation and take up the work of writing a new document that is now to the states to be ratified. Though ominous as it might seem that these mere men would decide without the people’s consent to discard the Articles and draft a new constitution, the document they have constructed is truly ingenious. I say this not by what my contacts have told me, but by proof of my own eyes for I have been supplied a draft of this proposed constitution which I have read thoroughly and completely several times. This proposed constitution while being drastically different from the Articles of Confederation proposes to enable these United States to have a workable republic that can grow with her, raise national revenues, raise, fund, pay, and supply land and naval forces to help ensure the protection of citizen’s rights and liberties. I feel it is important to share with you, my readers, the form of government that will be established under this constitution when, not if, it is ratified. The authors of the proposed constitution have divided the powers that will be centered in the federal government between three separate branches, the legislative, judicial, and executive.
Alexander Hamilton, one of the delegates of the convention, in his Federalist #9 explained the proposed form of government as follows: “The proposed constitution, so far from implying an abolition of state governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the senate, and leaves in their possession certain exclusive and very important portions of the sovereign power…this fully corresponds with the ideal of a federal government.”(Hamilton 52) What the esteemed Mr. Hamilton means is that the writers of the proposed constitution have moved the focus of power from the individual, often conflicting, state governments to a federal government that will be a conglutination of representatives from each individual state. The states will still maintain some measure of sovereignty such as “ordinary administration of criminal and civil justice" (Hamilton 102), "the appointment of officers of the militia, and the authority to train the militia according to the discipline prescribed by Congress" (Patterson A7) to name but a few. The Federal government will be given many of the powers the states had under the Articles of Confederation, its original powers, and the ability to act on these powers.
Congress is given what might appear to be the majority of these powers through the proposed constitution and is split into two houses. The new format for Congress is a two-house system, one being the Senate and one being the House of Representatives. The House of Representatives members will be chosen every two years by popular vote, each state is given a set amount of seats based on the population of said state. Each state is given two seats in the second house, the Senate, regardless of population. According to my sources, a heated debate followed by a compromise occurred on the convention floor in accordance to how the Negro slaves should or should not be counted in the census for representation and taxation along with if the matter of forced servitude should be allowed to continue and if so to what time should the matter be tabled. The following are quotes from the proposed constitution on these matters illustrating the extent of the compromise, "representatives and direct taxes shall be appointed among the several states which may be included within this union according to their respective numbers (…] determined by adding to the whole number of a free person, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons." (Patterson A4)
“Migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed […] not exceeding ten dollars for each person.” (Patterson A7-8) The House of Representatives is vested with the exclusive powers of impeachment, to originate all bills raising revenue. The senate is given the exclusive powers of trying all impeachments, and proposals and/or to concur with amendments dealing with raising revenue. Jointly the two houses that will compose congress under this proposed constitution will have the power to lay and collect taxes, duties, imposts, excises, to pay debts, provide for the common defense and general welfare of the United States, to barrow money on credit of the United States, regulate commerce with foreign nations, states, and Indian tribes, establish a uniform rule of naturalization, uniform law of bankruptcies, coin money, regulate value of coined money, fix the standard of the weights and measures, provide for punishment of counterfeiting, establish a post office and post roads, promote progress of science and useful arts, to constitute tribunals inferior to the Supreme Court, to define and punish piracies and felonies on the high seas, declare war, grant letters of Marque and Reprisal, make laws concerning capture on land and water, to raise and support armies to provide and maintain a navy, make rules for the government and regulation of land and naval forces, to provide for calling forth the militia to execute the laws of union, suppress insurrections and repel invasions, provide for organizing, arming, and disciplining militia and governing such part of them as may be employed in service of the United States, exercise exclusive legislation in all cases over such districts as may by cession of particular states and acceptance of congress become the seat of the government of the United States, authority overall places purchased by the consent of the legislature of the state for the erection of forts, magazines, arsenals, and dock-yards, make all laws necessary and proper for carrying into execution the foregoing power, all powers vested by this constitution in the government of the United States or in any department or officer there of" (Patterson A7) Though this list may seem extreme, the apparent thought of the delegates behind the expression of the powers, per branch, as the other branches will be addressed shortly, is to ensure a limited but strong enough Federal government to ensure the stability that we as a nation so desperately want. One must realize through this federal government that would be set up under the proposed constitution is limited to only these powers that are needed to secure each citizen's individual rights and liberties. One would assume that this would ensure that the federal government would not grow as large as to be able to oppress the citizens, but rather the federal government’s growth would be controlled by the fact that the writers of the proposed constitution listed the powers the federal government would be given.
I think it is important to address a new feature that the Articles of Confederation did not have next, a federal court system. “The judicial power of the United States shall be vested in one Supreme Court.” (Patterson A9) The federal court system will also comprise of inferior courts established as needed by Congress. According to Hamilton’s The Federalist #78 the necessity of a federal judicature has been clearly pointed out during this time under the Articles of Confederation. (Hamilton 495) All federal judges will only be allowed to retain their judgeships during good behavior and will be appointed by the executive branch. One could argue that the good behavior rule is one of the most valuable of the modern improvements in the practice of government. (Hamilton 496) The judicial branch is not only separate from the legislative and executive branches but also secure from undo pressures from them. This is the best expedient that can be devised in any government to secure a steady, upright, and impartial administration of the laws. (Hamilton 496) The federal government is limited to the rule of law laid out in the proposed constitution, which the federal courts will be responsible for ensuring the legislative and executive branches obey. According to Hamilton in The Federalist # 78, the federal courts will act as a check on the laws that the legislature passes. If the federal courts find the law to be unconstitutional, contrary to the rule of law of the constitution, then the law is void. Without allowing the federal courts this ability all the reservations of particular rights or privileges [to each branch] would amount to nothing. (Hamilton 497) The judiciary power will extend to all cases arising under the constitution, the laws of the United States, and treaties that are subject to the law or equality. (Patterson A10) The Supreme Court will be given original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and to which the states are a party, and to all other cases the Supreme Court will have appellate jurisdiction both as to law and fact. (Patterson A10) In all criminal cases, citizens are guaranteed the right to a jury trial under this proposed constitution. The criminal case trials are to be held in the state where the said crime(s) were committed. When the crimes are not committed within any state the trial shall be at such place as Congress determines. (Patterson A10) What the writers of the proposed constitution means by this is if the offenses are committed off American soil, such as a citizen while in a foreign country sold state secrets to a foreign national or foreign nation. The individual who sold the state secrets still committed the atrocious crime of treason against the United States but not in any of these United States, thus the accused would be tried in such a place as Congress may direct within the borders of our nation.
I have kept the discussion of the Executive branch for last because I did not want the controversy that has cloaked the addition of an executive branch to diminish the importance of the legislative and judicial branches. The delegates of the convention were careful in their attempt not only to keep the powers of the branches separate but also in their attempt to keep a constraint on the executive branch. While giving the executive just enough power to “enforce the laws, command the army, navy, and militia –when the militia is called into service of the United States- grant reprieves and pardons to offenses against the United States except in cases of impeachments, make treaties with the consent of the senate, nominate ambassadors, judges of the Supreme Court public ministers and consuls whose appointment rest on the consent of the senate.” (Patterson A9) In the rare cases that a devastating disaster happens and our congress loses many members of the House of Representatives and Senate, the president has the power to fill the vacancies. “That may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.” (Patterson A9) The president will also be able to give Congress information about the state of the union and recommend to their considerations such measures as he judges necessary, and on extraordinary occasions convene both houses. The president will also receive ambassadors and other public ministers when they visit from abroad or, are newly arrived, or have business to speak to him about. As it should be obvious, be obvious the writers of the proposed constitution purposely kept the executive powers to a minimal amount as to avoid having an executive who can easily control the legislature and judicial branches and trample the rights of the citizens.
I think if the citizens of these United States would truly consider how ineffective the Articles of Confederation were and how potentially effective the proposed constitution will be, recognizing that while the proposed constitution may have an expanded federal government and the framers have installed many obstacles to keep any branch of the federal government from growing too powerful and suppressing the rights of the citizens, they will see that ratification of the proposed constitution is the best option to enable our confederation of states to maintain their sovereignty and internal order. There have been many arguments for a Bill of Rights to be added to the Constitution or to be added as amendments after the ratification to ensure that the federal government does not begin, at any time, to infringe on the citizen's inalienable rights and liberties.
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Sources
Patterson, Thomas E. The American Democracy. New York: McGraw Hill, 2003.
Epstein, David F. the Political Theory of Federalists. Chicago: University of Chicago Press, 1984.
Hamilton, Alexander, James Madison, and John Jay. The Federalist. New York: The Modern Library, 2000.
