March 4, 1789  A Self Governing Republic

Even at the convention, many of the framers were concerned about the larger, more populous states governing at the expense of the smaller states. The proverbial five wolves and a lamb, voting on what’s for lunch. 

Early discussions concerning the American experiment in self-government began nearly twenty 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, the following year.

ArticlesOfConfederation (1)Twelve of the thirteen original states ratified these “Articles of Confederation” by February, 1779. Maryland would hold 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 Articles of Confederation provided for a loose alliance 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 regulate currency. In practice, these powers were limited because Congress had no authority to enforce requests made on the states, either for money or for troops.

The Union would probably have broken up if the Articles of Confederation were not 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 new constitutional convention in Philadelphia, the following May.

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The United States had 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 colonies met on May 25, 1787 at Philadelphia’s Pennsylvania State House, the birthplace of the Declaration of Independence and the Articles of Confederation.  Only Rhode Island abstained.  The building is now known as Independence Hall.

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

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Even at the convention, many of the framers were concerned about the larger, more populous states governing at the expense of the smaller states. The proverbial five wolves and a lamb, voting on what’s for lunch.  The “Connecticut Compromise” solved that problem, creating a bicameral legislature with proportional representation in the lower house (House of Representatives) and equal representation of the states in the upper house (Senate).

The Constitution was signed by 38 of the 41 delegates on September 17, 1787. As dictated by Article VII, the document would not become binding until ratified by nine of the 13 states.

Five states: Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut ratified the document in quick succession. Some states objected to the new constitution, particularly Massachusetts, which wanted more protection for basic political rights such as freedom of speech, religion, and of the press. They wanted it specified that powers 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.

The Constitution was ratified in Massachusetts by a two vote margin, followed by Maryland and South Carolina. New Hampshire became the ninth state to ratify on June 21. The new Constitutional Government would take effect on March 4, 1789.

On September 25, the first Congress adopted 12 amendments, sending them to the states for ratification. The states got rid of the first two, and so 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.

united-states-founding-documents-vintage-american-flag-declaration-independence-constitution-america-58534238It’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 affect only future Congresses.

That original 2nd amendment, reading 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 to 202 years, 7 months, and 12 days. We must not be too hasty about these things.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.
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September 24, 1789 Supreme Court

From “Separate but Equal” to the “rights” of terrorists, SCOTUS’ rulings are final, inviolate, and sometimes imbecilic.

Article III of the United States Constitution establishes the Supreme Court of the United States (SCOTUS), and “such inferior Courts as the Congress may from time to time ordain and establish”.

There is no mention of the number of justices. The first Congress passed the Federal Judiciary Act on September 24, 1789, specifying a six-justice Supreme Court.

Twelve years later, the presidency of John Adams was coming to an end. As a Federalist, Adams wanted nothing more than to stymie the incoming administration of Democratic-Republican Thomas Jefferson. Toward that end, Adams appointed the infamous “midnight judges” in the last hours of his administration: 16 Federalist Circuit Court judges and 42 Federalist Justices of the Peace.

The incoming Jefferson administration sought to block the appointments. Jefferson ordered then-Secretary of State James Madison to hold those commissions as yet undelivered, thus invalidating the appointments. One of the appointees, William Marbury, took the matter to Court.

The case advanced all the way to the Supreme Court, which ruled in Marbury v. Madison that the provision of the Judiciary Act enabling Marbury to bring his claim, was unconstitutional.  Marbury lost his case, but the principle of judicial review, the idea that the court could preside Godlike, over laws passed by their co-equal branch of government, has been the law of the land, ever since.

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In the early days of the Great Depression, Federal agricultural officials conceived the hare brained idea that artificially introducing scarcity would increase prices, and therefore wages, in the agricultural sector. Six million hogs were destroyed in 1933. Not harvested, just destroyed and thrown away. 470,000 cattle were shot in Nebraska alone. Vast quantities of milk were poured down sewers, all at a time of national depression, when malnutrition was widespread.

With the Agricultural Adjustment Act of 1938, Washington began to impose production quotas on the nation’s farmers. Ohio farmer Roscoe Filburne was ordered to grow 223 bushels of wheat in the 1941 season. Filburne grew 462.

Article 1, Section 8 of the Constitution permits Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. That is all but, on this flimsy basis, the Federal Government took Roscoe Filburne to court.

The farmer argued that the “surplus” stayed on his farm, feeding his family and his chickens. Lower Courts sided with Filburne. The government appealed all the way to the Supreme Court, arguing that, by withholding his surplus, Filburne was effecting interstate market conditions, thereby putting him under federal government jurisdiction.

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Intimidated by the Roosevelt administration’s aggressive and illegal “court packing scheme“, SCOTUS decided the Wickard v. Filburne case, against the farmer. Ever since, what you don’t do can be held against you in a court of law. Get it? Neither do I.

Over time, SCOTUS has proven itself to be as imperfect as any other institution. There have only been 17 Chief Justices and 101 Associate Justices in the entire history of the court. Five Chiefs having previously sat as Associate Justices, there are only 113 in all.  Should Brett Kavanaugh be confirmed, he would be #114.

Some among those 113 have been magnificent human beings, and some of them cranks. There have been instances of diminished capacity ranging from confusion to outright insanity. One justice spent part of his term in a debtor’s prison. Another killed a man. There have been open racists and anti-Semites.

There is no official portrait of the 1924 court because Justice James C. McReynolds wouldn’t stand next to Louis Brandeis, the court’s first Jewish Justice. One Justice was known to chase flight attendants around his quarters, while another spent his time in chambers, watching soap operas.

There’s the former Klan lawyer turned Justice who took a single phrase, “separation of church and state”, from a private letter of Thomas Jefferson, and turned the constitutional freedom OF religion into an entirely made up freedom FROM religion.

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The Supreme Court reinforced chattel slavery with the Dred Scott decision. The Korematsu ruling gave us the forced incarceration of Americans of Japanese descent. Buck v. Bell gave Americans the “gift” of forced sterilization, and Stenberg v. Carhartt enshrined the constitutional “right” to the hideous and detestable “procedure” known as partial birth abortion. From “Separate but Equal” to the “rights” of terrorists, SCOTUS’ rulings are final, inviolate, and sometimes imbecilic.

Chief Justice John Roberts, who once said “remember that it’s my job to call balls and strikes, and not to pitch or bat,” invented a whole new definition of taxation, enshrining the “Affordable Care Act” as the law of the land.

The framers gave us a Constitutional Republic with co-equal branches of government, with power diffused and limited by a comprehensive set of checks and balances.

They gave us two distinct means to amend that Constitution, should circumstances require it.

Traditionally, Congress proposes amendments, submitting them to the states for ratification. The problem is that many believe Congress itself to be part of the problem, and a broken institution is unlikely to fix itself.

Article V gives us a way to amend the constitution, if we would take it. Instead of Congress proposing amendments, an Article V convention of state legislatures would propose amendments, to take effect only if ratified by a super majority of states. We could start with an amendment permitting 2/3rds of the People’s representatives in Congress, to overturn a SCOTUS decision. Then we could term limit these people.

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Unless, that is, you believe it’s fine for the Federal Government to prohibit a farmer from growing wheat for his own use, that one man in a black robe can force you to buy a product you don’t want and call it a “tax”, or you believe that “established by the state” means by the state or federal government, at the sole discretion of the man who says, “I’m from the Government. I’m here to help”.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.