Sheila Hickman: Celebrating our U.S. Constitution with a little history

“We the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

On Sunday Sept. 17, our nation celebrated Constitution Day. The preamble cited above verifies that this document touches every aspect of our daily lives. Few of us recall what an arduous process was required to draft the document and more importantly how important it was that the thirteen original states ratified it.

At the Philadelphia Convention on May 25, 1787, 55 men came together to revise The Articles of the Confederation, which were drafted by the Continental Congress and were in effect from 1781 until 1789. Under the weak and ineffective Articles there was a unicameral body which had eight sessions until 1789. Each state had a single vote, and representatives served three years. With a simple majority routine decisions could be made.  For major decisions such as declaring war, a two-thirds vote was required. There was no provision for regular taxation. The states had agreed to The Articles because they would keep the government from becoming too powerful.  It is noteworthy that The Articles were approved six months before the Battle of Yorktown, ending the Revolution.

The 55 men in Philadelphia sought to create a national government which would also give states fundamental rights.  Much of the debate was held in secret so that delegates could speak freely. Most of the delegates were young men, like James Madison and Alexander Hamilton.  George Washington and Benjamin Franklin were the oldest delegates.  Of the 13 states, all except Rhode Island were represented.

The debate continued for weeks and weeks. At times the convention seemed deadlocked. By July the Great Compromise was reached combining ideas from the Virginia Plan and the New Jersey Plan. Delegates agreed to a House of Representatives based on states’ populations and a Senate with each state having two representatives.  The checks and balances among legislative, executive, and judicial were critical elements.  Each branch had specific powers granted with reciprocal checks in place.

Gouverneur Morris of Pennsylvania was charged with actually writing the Constitution on parchment. Some theorize that he changed the position of some commas. (He also is the author of the Preamble.) When the document was finished on September 17, 1787, 39 of the delegates signed, but sixteen did not sign because there was no bill of rights.

The ratification by the states created some intense debates.  Delaware was the first to ratify; New Hampshire became the ninth.  By March 9, 1787, the Constitution became law.

The Bill of Rights, was added to affirm the civil rights of citizens and to appease states which wanted the addition. James Madison introduced twelve amendments; ten would become our Bill of Rights. This list was inspired by the Virginia Declaration of Rights, the Magna Carta, and the writings of the Enlightenment. The delegation outlined a very specific process for amending The Constitution. An amendment may be proposed by two-thirds of both Houses of Congress, two-thirds of the states, or a convention. Then the amendment must be ratified by three-fourths of the states’ legislatures or three-fourths of a state legislative convention.  Since its ratification, our Constitution has been amended 27 times.

The Bill of Rights

The First Amendment prohibits Congress from making laws establishing or prohibiting religion, abridging freedom of speech or of the press, denying peaceable assembly or petitioning the government for redress of grievances.

The Second Amendment requires a well-regulated militia and the protection of citizens’ right to keep and bear arms.

The Third Amendment states that no soldiers in times of peace could be quartered in a private house without the consent of the owner. (Colonists were forced to quarter British soldiers before and during the Revolution.)

The Fourth Amendment forbids unreasonable searches and seizures of citizens’ houses and personal effects.  Also warrants can only be issued when probable cause exists.

The Fifth Amendment provides due process of law, freedom from self-incrimination, and double jeopardy.  Also private property cannot be taken for public use without reasonable compensation.

The Sixth Amendment grants the accused a speedy and public trial with an impartial jury.  The accused is also entitled to be confronted by the witnesses against him, to have witnesses testify in his favor, and to be represented by counsel.

The Seventh Amendment preserves the right of trial by jury.  The idea of a jury of twelve is based on English common law of 1791.  The judge is to instruct the jury, and the verdict is to be unanimous.

The Eighth Amendment prevents excessive bail and fines and cruel and unusual punishment.

The Ninth Amendment affirms presumption of liberty that allows citizens to act in any way that does not violate the rights of others.

The Tenth Amendment declares that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Author’s Note:  This column is dedicated to Mr. William Barron, retired administrator and American History teacher. Many of us were privileged to have Mr. Barron for American History. His remarkable love of history and his ability to share with his students provided a lasting legacy for us. 

Source:  Roark, J.L. Johnson et al. (2020) The American Promise:  A Concise History, Volume 1 (9th edition). Bedford Books.

This article originally appeared on The Daily Herald: Sheila Hickman: Celebrating our Constitution with a little history