September 25, 1789  Bill of Rights

Today the American system is often described as “democracy”, but such a description is in error.  Four wolves and a lamb voting on what to have for dinner, is a democracy.  The genius of the founders can be demonstrated in a system which protects the rights of All its citizens, including that individual.  The proverbial lamb.

The Founding Fathers ratified the United States Constitution on June 21, 1788.  In so doing, our forebears bestowed on generations yet unborn, a governing system unique in all history.  A system of diffuse authority, of checks and balances, and authority delegated but Never relinquished, by a sovereign electorate.

Today the American system is often described as “democracy”, but such a description is in error.  Four wolves and a lamb voting on what to have for dinner, is a democracy.  The genius of the founders can be demonstrated in a system which protects the rights of All its citizens, including that individual.  The proverbial lamb. The specifics are enumerated in our bill of rights, twelve amendments adopted by the first Congress on this day in 1789, and sent to the states for ratification.

bill-of-rightsEven at the Constitutional Convention, delegates expressed concerns about the larger, more populous states holding sway, at the expense of the smaller states. The “Connecticut Compromise” solved the problem, creating a bicameral legislature with proportional representation in the lower house (House of Representatives) and equal representation of the states themselves in the upper house (Senate).

The 62nd Congress proposed a Constitutional amendment in 1912, negating the intent of the founders and proposing that Senators be chosen by popular election.  The measure was adopted the following year, the seventeenth amendment having been ratified by ¾ of the states.  Since that time, it’s difficult to understand what the United States Senate even is,  an institution neither democratic nor republican.  But I digress.

Five states: Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut, ratified the document in quick succession. Some states objected to the new Constitution, especially Massachusetts, which wanted more protection for basic political rights such as freedom of speech, religion, and of the press. These wanted the document to specify, that those powers left un-delegated to the Federal government, were reserved to the states.

sherman-ellsworthA compromise was reached in February, 1788 whereby Massachusetts and other states would ratify the document, with the assurance that such amendments would immediately be put up for consideration.

With these assurances, Massachusetts ratified the Constitution by a two-vote margin, followed by Maryland and South Carolina. New Hampshire became the ninth state on June 21. The new Constitutional Government would take effect on March 4 of the following year.

Amendments 2-12 were adopted on December 15, 1791, becoming the “Bill of Rights”.

It’s interesting to note the priorities of that first Congress, as expressed in their original 1st and 2nd amendments.  As proposed to the 1st Congress, the original 1st amendment dictated apportionment of representation. It was ratified by only 11 states, and technically remained pending. Had the states ratified that original first amendment, we would now have a Congress of at least 6,345 members, instead of the 535 we currently have.

The original 2nd amendment was an article related to Congressional compensation, that no future Congress could change their own salaries.   The measure would in fact, pass, becoming the 27th amendment in 1992.  Following a ratification period of 202 years, 7 months, and 10 days.

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February 6, 1788 Founding Documents

That original 2nd amendment, which read “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened”, took effect in 1992 as the 27th amendment, following a ratification period stretching out 202 years, 7 months, and 12 days.

Early discussions of the American experiment in self-government began almost 20 years before the Revolution, with the Albany Congress of 1754, and Benjamin Franklin’s proposed Albany Plan of Union. The 2nd Continental Congress appointed a drafting committee to write our first constitution in 1776, the work beginning on July 12. The finished document was sent to the states for ratification on November 15 of the following year.

ArticlesOfConfederationTwelve of the original thirteen states ratified these “Articles of Confederation” by February, 1779. Maryland held out for another two years, over land claims west of the Ohio River. In 1781, seven months before Cornwallis’ surrender at Yorktown, the 2nd Continental Congress formally ratified the Articles of Confederation. The young nation’s first governing document.

The document provided for a loose confederation of sovereign states. At the center stood a congress, a unicameral legislature, and that’s about it. There was no Executive, there was no Judiciary.

In theory, Congress had the authority to govern foreign affairs, conduct war, and to regulate currency. In practice, these powers were limited since Congress had no authority to enforce requests made on the states, for either money or manpower.

Manns-Tavern-300x212The Union would probably have broken up, had not the Articles of Confederation been amended or replaced. Twelve delegates from five states met at Mann’s Tavern in Annapolis Maryland in September 1786, to discuss the issue. The decision of the Annapolis Convention was unanimous. Representatives from all the states were invited to send delegates to a constitutional convention in Philadelphia, the following May.

The United States won its independence from England four years earlier, when 55 state delegates convened in Philadelphia to compose a new Constitution.

Delegates from 12 of the 13 original colonies, only Rhode Island abstaining, met at Philadelphia’s Pennsylvania State House on May images (19)25, 1787. The building is now known as Independence Hall, the same place where the Declaration of Independence and the Articles of Confederation were drafted.

The assembly immediately discarded amending the Articles, crafting in their stead a brilliant Federal system of checks and balances over three months of debate. The Federal Republic envisioned by the framers delegates specific, limited powers to the Federal Government, with authority outside those specific powers devolving to the states.

Even at the convention, there was concern about the larger, more populous states governing at the expense of the smaller ones. The “Connecticut Compromise” solved the problem, creating a bicameral legislature with proportional representation in the lower house (House of Representatives) and equal representation of the states themselves in the upper house (Senate).

The Constitution was signed by 38 of 41 delegates on September 17, 1787. As dictated by Article VII, the document would become binding following ratifiication by nine of the 13 states.

US-Constitution-777x437

Five states: Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut, ratified the document in quick succession. Some states objected to the new Constitution, especially Massachusetts, which wanted more protection for basic political rights such as freedom of speech, religion, and of the press. These wanted the document to specify, that those powers left undelegated to the Federal government, were reserved to the states.

A compromise was reached in February, 1788 whereby Massachusetts and other states would ratify the document, with the assurance that such amendments would be immediately proposed.

With these assurances, Massachusetts ratified the Constitution by a two-vote margin on this day in 1788, followed by Maryland and South Carolina. New Hampshire became the ninth state on June 21. The new Constitutional Government would take effect on March 4 of the following year.

82638952-56a9aadd5f9b58b7d0fdcec6On September 25, the first Congress adopted 12 amendments, sending them to the states for ratification.

The states got rid of the first two, so it is that the Congress’ original 3rd amendment became 1st, of what we now call the “Bill of Rights”. Today, the United States Constitution is the oldest written national constitution in operation, in the world.

It’s interesting to note the priorities of that first Congress, as expressed in their original 1st and 2nd amendments. The ones that were thrown out. The first had to do with proportional representation, and would have led us to a 6,000 member House of Representatives, instead of the 435 we currently have. The second most important thing in the world, judging by the priorities of that first Congress, was that any future Congress could not change their own salaries. Any such change could effect only future Congresses.

That original 2nd amendment, stating that “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened”, took effect in 1992 as the 27th amendment, following a ratification period stretching out 202 years, 7 months, and 12 days. One must not not be too hasty about these things.

January 4, 1642 The Great Rebellion

Agree or disagree with US war policy, what we do in this country we do as a nation. It would seem absurd to us to see the President and the Congress raise separate armies to go to war with one another

Agree or disagree with US war policy, what we do in this country we do as a nation.  It would seem absurd to us to see the President and the Congress raise separate armies to go to war with one another, but that’s just what happened in 17th century England.

Queen Elizabeth I passed away without issue in 1603, succeeded by her first cousin, twice

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Elizabeth I

removed, King James VI of Scotland.  For the first time, the Kingdoms of England and Scotland were united under single rule.

The English Parliament of the age didn’t have a permanent role in government, instead being a temporary advisory body, summoned and dismissed at the will of the King.  Practically speaking, the King had no means to enforce his will on matters of taxation, without the consent of the “gentry”, the untitled land owning classes who were the primary means of national tax collection.  This gave rise to an elected “House of Commons”, joining the House of Lords to form a Parliament.

James thought of Kings as “little Gods on Earth”, and had long gotten whatever he wanted from a supine Scottish Parliament.  The English Parliament was another matter.  James’ entire reign and that of his son Charles I was one long contest of wills with the English governing body.

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The Three Faces of Charles I

Charles’ 1625 marriage to a Roman Catholic, French princess Henrietta Maria, did little to win him support in Protestant England.  His interventionist policies in the 30 years’ war made things worse, ending with Parliament bringing impeachment proceedings against his minister, the Duke of Buckingham.  Parliament drew up the “Petition of Right”, invoking the Magna Carta and severely limiting the King’s right of non-Parliamentary taxation, along with other restrictions on the Royal Prerogative.  Charles looked to the House of Lords to check the power of the Commons, but both houses ratified the measure by the end of May.

The King dissolved this first Parliament in 1629, putting nine of its leaders in prison and unwittingly making them martyrs for their cause.  The following 11 years are sometimes called “the personal rule” or the “eleven years’ tyranny”.  Charles had severe money problems by 1640, forcing him to call another Parliament.   The King wanted a more docile body this time, so he appointed many of his adversaries as Sheriffs, knowing that this would require them to stay within their counties, making them ineligible for election.  To others he bestowed aristocratic titles, making them ineligible for the House of Commons.  Of course, that only moved them to the House of Lords.

What the King saw as reasonable, the legislative body saw as opportunity to negotiate, and this “Short Parliament” was dissolved within a month.  That was May 1640, and Charles once again called a Parliament in November.  This was to be his “Long Parliament”, proving as uncooperative as any before it.

attempted_arrest_of_the_five_members_by_charles_west_cope
Lenthall kneels to Charles during the attempted arrest of the Five Members

In January, Charles directed Parliament to surrender five members of the Commons and one Peer on grounds of high treason.  On the following day, January 4, 1642, the King himself entered the House of Commons with an armed guard of 400, demanding that the offenders be handed over.  The Speaker, William Lenthall, replied, “May it please your Majesty, I have neither eyes to see nor tongue to speak in this place but as the House is pleased to direct me, whose servant I am here.”  He might as well have told the King “I work for these people.  I don’t work for you”.

It was a grave breach of protocol, no King had ever entered the House of Commons.  Making things worse, the botched arrest had cut the feet out from under Charles’ supporters.  The two sides began to arm themselves that summer.  Full-scale civil war broke out that October.

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The son of a Royalist is questioned by Parliamentarians during the English Civil War, in “And when did you last see your father?” by William Frederick Yeames

What’s been variously described as one or two separate civil wars ensued, in which 300,000, 6% of the country’s population or roughly twice the percentage lost in the American Civil War, lost their lives.  A “Rump” House of Commons indicted the King on treason charges, in a trial which was never recognized by the upper house.  Charles maintained that he was above the law, while the court argued that “the King of England was not a person, but an office whose every occupant was entrusted with a limited power to govern by and according to the laws of the land and not otherwise”. Execution of Charles I

Charles I was found guilty of treason and sentenced to die by decapitation.   Clothed in two shirts by his own request, lest any shiver of cold be misinterpreted as a sign of fear, the King of England put his head on the block on January 30, 1649.  “A subject and a sovereign are clean different things,” he said. “I shall go from a corruptible to an incorruptible Crown, where no disturbance can be”.  With that, he extended his hands to signal he was ready, and his head was parted with a stroke.

The Rump House of Commons disbanded the House of Lords and England was briefly governed as a Commonwealth, but Charles soon came to be seen as a Martyr King.  Oliver Cromwell established a Protectorate with himself as Lord Protector.  He was briefly succeeded by his son on his death in 1658, but the son was not the equal of his father.  Parliament was reinstated and the monarchy restored to Charles’ eldest son, who became Charles II in 1660.billofrights

In the American colonies, Charles II renamed a slice of southern Virginia after his father “Carolus”, the Latin for Charles, and North and South Carolina were born. The Petition of Right would pop up 129 years later, reflected in the Third, Fifth, Sixth and Seventh amendments of the United States’ Constitution, part of what we now know as the Bill of Rights.