Constituting America Analyzing the Constitution Kid’s Style! Juliette Turner U.S. Constitution for Kids – The Preamble to the United States Constitution – February 21, 2011 February 21, 2010 – The Preamble to the Constitution – Interpretation of Dr. David Bobb’s Essay The Preamble to the United States Constitution We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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. The Preamble is probably the most well-known part of the Constitution. But do we really know what it means? Do we thoroughly understand the actual meaning of each phrase? It is Important to know how to use and comprehend these phrases correctly. When I read Dr. David Bobb‘s essay, I was surprised to discover how little I really knew about the actual meaning of each part of the Preamble. His essay is loaded with many facts that I guarantee you do not know. Fun Fact #1 The Preamble was the last element added to the Constitution at the Constitutional Convention. It was ―roundly criticized upon announcement..‖ as Dr. Bobb puts it. Fun Fact #2 The use of the words ―We the People‖ was revolutionary and were never heard before in their time. The Articles of Confederation was an agreement among the states, but according to this new phrase, the Constitution had everything to do with the people. The Anti-Federalists argued that this phrase meant the Constitution would take away the power from the states and destroy the liberty of the people. Of course, the Constitution was written to have the exact opposite effect. Fun Fact #3 The Preamble was composed by Pennsylvanian Gouveneur Morris, who was extremely talkative and among the most profound of all the delegates. This short paragraph sums up what the Constitution – and the Government it created – was meant to accomplish. Fun Fact #4 Even though Gouveneur Morris wrote this in a clear, concise language, this short document was misunderstood even in the Constitutional era. Listed are the four most commonly mistaken phrases in the Preamble: 1. ―to form a more perfect Union‖ – A. Misconception – The Anti-Federalist (people that were against big government) took this phrase to mean that the words ―perfect Union‖ ensued that the states would gradually be pushed out and more power would be given to the government. They also thought that when the states were thoroughly out of the picture, the three main branches of government -legislative, executive, and judicial – would become one main power. Today the Progressive Party (people who do not consider the Constitution as relevant) uses this phrase to indorse their agenda of abandoning our ―old and current‖ form of government with a new foundation – hence ―perfecting the union.‖ B. Actual Meaning – This phrase ―has nothing to do with the future, but everything to do with the past.‖ as Dr. Bobb states. The only thing that the Constitution was intended to perfect, was the current government under the Articles of Confederation. 2. ―promote the general welfare‖ - A. Misconception: The Anti-Federalists thought this phrase would grant the government too much power. Today, this phrase is taken to grant ―Constitutional Authority,‖ ending in ―pork‖ (added ―pay offs‖ that have nothing to do with the bill‘s purpose). B. Actual Meaning – This phrase has to be referenced in the limited government context in which it is written. Fun Fact #5 ―Limited government for the Founders did not mean a weak government.‖ said Dr. Bobb, they felt that it needed to be somewhat strong in order to fulfill its duty of protecting the people. The phrases ―establish Justice,‖ ―insure domestic Tranquility,‖ and ―provide for the common defense‖ are examples of what the government was actually intended to do. Gouverneur Morris leaves us with the phrase ―secure the Blessings of Liberty to ourselves and our Posterity,‖ reminding us that we have to uphold our duties in order for the next generation to enjoy the freedoms we enjoy today. God Bless, Juliette Turner U.S. Constitution for Kids – Article 1, Section 1 – February 22, 2011 February 22, 2010 – Article 1 Section 1 – Interpretation of Dr. Charles Rowley’s Essay Article I, Section 1 All legislative Powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representatives Our Founding Fathers created a three-branch system of government – executive, legislative, and judicial – each branch checking each other‘s actions, with the legislator giving the people representation. Article 1 Section 1, in a small, simple paragraph, describes how this Legislator is broken down into two separate branches, or as it is known, a bicameral legislature. You may think that our Founding Fathers decided which branch of our government to discuss first in a pick and choose fashion. Actually, they pondered deeply this decision. They looked back into history to the writings of John Locke (an English philosopher – 1632-1704), where he said, in short, that the first and most important branch of any government was the Legislature, for that branch represents the people. He goes on to say that every person always valued the legislature, their representation, more than their security or property. Fun Fact #1 James Madison, known as the father of our Constitution, thought it of great importance to review all past republics that had failed, in order not to repeat their mistakes, and also, to have a written Constitution. France, who ended up in horrible bloodshed and under a ruthless dictator Napoleon, followed a different path. Although they had a written constitution, it did not have the same checks and balances that we did. James Madison, while waiting for the other delegates to arrive at the Convention, etched out the Virginia Plan, where he writes about his plan for the government. There was to be a bicameral legislature, but the number of delegates to a state would be represented by their financial contributions or their populace. When James Madison introduced this plan to his fellow delegates, it did not sit well with the representatives from states like Connecticut or Rhode Island, the smaller states. The smaller states would have delegates in an amount substantially smaller than the larger states. This argument ended in the Connecticut Compromise, or the Great Compromise of July 29, 1787. This new compromise still excepted the plan of having a bicameral legislature, but only one branch would the number of delegates be based on population – The House – and the other would have an equal amount of delegates (2) per state – The Senate. Fun Fact #2 Under the current Articles of Confederation, the Congress operated under a unicameral legislature, so where did they get this idea of a bicameral legislator? Some came partially from the writings of British Constitution, which the delegates still admired when it was in its ―mythic and uncorrupted form.‖ as Dr. Rowley puts it. So, our brilliant Founding Fathers gave us the roadmap for a bicameral legislator, the House and the Senate. Since the House contained more representatives per populace of their state, their job is to listen to the peoples‘ needs and desires. The Senate‘s job is to make sure the House does not reach too far, and cut them back if needed. We will soon uncover the details and specific jobs of each of these branches, as we delve deeper into this wonderful document. God Bless, Juliette Turner U.S. Constitution for Kids! – Article 1, Section 2, Clause 1-2 – February 23, 2011 February 23, 2011 – Article I, Section 2, Clause 1-2 – Interpretation of Mr. Horace Cooper’s Essay Article I, Section 2, Clause 1-2 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Article 1, Section 2, Clause 1-2 is the first part of the Constitution to delve into the laws and limits of our House of Representatives. Mr. Cooper begins his essay by reminding us that the House is the ―camber closest to the public.‖ James Madison in the 52nd Federalist Paper states, ―…the greater the power is, the shorter ought to be its duration.‖ This quote points out that our Founding Fathers pondered deeply on the decision of how frequent federal elections would take place. The Fun Facts that follow further explain the details of the plan our Founding Fathers left us in this Article of the Constitution. Fun Fact #1 The House of Representatives is the largest branch of the two branches of our Congress and its elections are held the most frequently. The fact that our representatives are up for election every second year, means that they have to be more accountable to the people they represent. Their main job is to listen to the needs and wants of ―We the People.‖ Fun Fact #2 The second statement of Article 1, Section 2, Clause 1-2, just simply says that whatever the rules are for a person to vote in a STATE House election, are the same for a person to vote in a FEDERAL House election. Fun Fact #3 Our Founding Fathers chose 25 to be the minimum age required to be a representative in the House. They thought that 25 was the age when a person was mature enough to perform wisely in their jobs, but they also thought that a 25 year old had the right to influence the political process with his generation. Fun Fact #4 You only have to be a citizen of the United States for seven years to become a representative. They might have chosen this amount of years because when they wrote it, our Country was still very young and most of our population was made up of immigrants. Fun Fact #5 This section mentions that you do have to be living in the state you will be representing at the time of the election. Nowhere does the Constitution mention how long the person has to have been living in that state. So, to re-cap: a representative only has to have lived in the United States for seven year and be living in his/her state at the time of the election. However, the Constitution does not state that the person has to be an inhabitant of his/her county or district. The issue of living in your county or district is still being debated today. Our Founding Fathers made it fairly simple; you must obtain the age of 25, live in the U.S. for 7 years and be an inhabitant of your state. Their requirements for the House were simple but brilliant. God Bless, Juliette Tuner U.S. Constitution for Kids! – Article 1, Section 2, Clause 3 February 24, 2011 – Article 1, Section 2, Clause 3 – Interpretation of Dr. W.B. Allen’s Essay Article 1, Section 2, Clause 3 Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. Article 1, Section 2, Clause 3, is probably the most misinterpreted clause of the Constitution. This clause of the Constitution is known as the ―three-fifths clause.‖ In the facts below we will break down how this clause is so misunderstood and we will learn the real meaning of this important section. Fact #1 This clause just simply reveals the method to determining how many representatives each state receives and determines the bases for taxation. It does not deal with voting rights. The states will receive representatives and the bases for taxation, according to the amount of people they have. According to this clause, you add up the number of free people, indentured servants, excluding Indians and 3/5 of all other persons. Fact #2 This clause originated from the language of the Articles of Confederation. In the Confederation Congress (1783 not 1787), the issue arose of how to assign representation and taxes. Their first idea was to base it on land value, but back then it was extremely difficult and tedious to survey land. So scratch that off! They decided to base it on population, resulting in a proposal for an eighth article: (Remember!: This is the Articles of Confederation) ―expenses shall be supplied by the several states in proportion to the whole number of white and other free inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes in each state.‖ It‘s essentially the same thing right, with a little extra definition and confusing wordage? Fact #3 Now, let‘s break it down! Let‘s read backwards, starting with the ―three-fifths‖ language. Yes, at first glance it looks like they made all African-Americans count as a fractional human. But, look again. ―whole number of free persons‖…what does it say in the Article of Confederation, ―white and other free inhabitants.‖ Does that not include free African-Americans? It certainly does. Between 1776-1787, there were approx. 10,000 free African-Americans. Thus, they were included in the ―whole number of free persons‖ category. Our Founding Fathers knew they couldn‘t delve into the issue of slavery at that time, because if they did, the Southern states would have never voted in favor of the Constitution. However by counting the slaves as three-fifths of a person the founders limited the number of House Members that could come from pro-slavery states. The pro-slavery states received 2/5 fewer votes in the House of Representatives because the Constitution didn‘t allow pro-slavery states to receive a full population count for people they didn‘t treat as full citizens. Yes this was a compromise. Without this compromise, the union would have dissolved! Slaves being counted as ―three-fifths‖ was a sad part of our history, but it is interesting to understand the true meaning of all aspects of the clause. So now we worked out the kinks of the ―three-fifths clause‖ and upon reading it again…guess what? We have a new understanding for aspects of this clause. Phew! So, now you have more knowledge about this clause if a debate ever arises. Fact #4 In addition, it is important to know that this particular clause was amended two different times: Amendment 14 and Amendment 26. Let‘s start with Amendment 14. First off, this amendment ties representation and voting rights together. (Remember: The original clause only discussed the issue of representation.) Amendment 14 takes away, once and for all, the ―three-fifths‖ clause, no person will be accounted for in fractions now. It then lists that you must be 21 to vote. Amendment 26 changes nothing but the age to vote, you now only have to be 18 years old to vote. Amendments are a very important piece of our Constitution. Our Founding Fathers knew that the Constitution was not a perfect document, and there were things that would later need to be changed, such as slavery. So they left us with the ability to fix it through the Amendment Process. Let us continue delving in to Article 1 tomorrow. God Bless, Juliette Turner U.S. Constitution for Kids – Article 1, Section 2, Clause 4 – February 25, 2011 February 25, 2011 – Article 1, Section 2, Clause 4 – Interpretation of Mr. William Duncan’s Essay Article 1, Section 2, Clause 4 When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. I know exactly what you are thinking: ―Wow, that is short‖ Yes, I thought so too, but what a short phrase with a ―Kaboom!‖ of importance. The following Fun Facts will help us break Article 1, Section 2, Clause 4 down so we will further understand it. Fun Fact #1 Well, first of all, what are ―writs‖? Well, my dictionary tells me that it is a noun, and it is a ―legal document issued by a court or judicial officer.‖ But, in my words, it is a piece of legal paper giving authority. So, now that we understand that the phrase ―..the Executive Authority thereof shall issue Writs of Election…‖ just simply means that that Executive Authority of that state will call for an election to fill the vacancy. Fun Fact #2 A fascinating, fun, fact is one that Mr. Duncan points out in his essay. This issue came up in our Founding Father‘s time period when William Pinkney, a representative from Maryland, resigned from the House. In Britain‘s House of Commons, resignation was not allowed. Were our Founding Fathers going to take that route? No, if a representative wanted to resign, they would be allowed to do so. In this Clause, our Founding Fathers give the governor of the state in which this situation is occurring permission to issue an election, when he/she sees that there is a vacancy. (News Flash: this authority was granted to the state governor, not an executive on the federal level). Fun Fact #3 So, in short, this clause simply gives the governor of the state from which the representative who is resigning is from, the right to call an election to take place to fill that representative‘s seat in the House. Didn‘t our Founding Fathers write down instructions for almost every single malfunction that might take place? All we need to do it look to this document in times of our country‘s distress and it will lead us on the right path. Thank you Founding Fathers! God Bless, Juliette Turner U.S. Constitution for Kids – Article 1, Section 2, Clause 5 – February 28, 2011 February 28, 2011 – Article 1, Section 2, Clause 5 – Interpretation of Professor William Morrisey’s Essay Article 1, Section 2, Clause 5 The House of Representatives shall chuse the Speaker and other Officers; and shall have the sole Power of Impeachment. You are most likely looking at this essay and thinking: ―How many Clauses are there is Article 1, Section 2?‖ Well, only 5. Today is our last day of Article 1, Section 2. It is sad really. I have grown a connection with this short section. I mean, after four whole essays, who wouldn‘t? But this short, ending paragraph, certainly proves that people save the best for last. Or in this case the most important for last. In the following Fun Facts, we will learn to understand this short sentence almost word, for word. Fun Fact #1 Professor Morrisey begins his essay with a, well, Fun Fact. Under the Articles of Confederation, our three federal powers – Legislative, Executive, and Judicial – were combined into one body, the Congress. Today, under the Constitution, only the Legislative resides in the Congress, or in other words, all three branches – Legislative, Executive, and Judicial – are separated. Our Founding Fathers changed this portion of the Articles of Confederation because they realized that the person that resided over this one branch would, inevitably, become a tyrant. So, they created a three branch system, perfectly in the cycle of checking and balancing the other. Fun Fact #2 Professor Morrisey then points out another wonderful fact. Our Founding Fathers specifically gave the House the authority to choose their speaker (or leader of the house). They could have given that authority to the President of the United States or the Electoral College, as Professor Morrisey says. The way our founders laid it out for us, secures the fact that the House leader will be respected by the House majority, and they will be in agreement on more issues, than not. Fun Fact #3 How our founders assigned the power of impeachment – the removal of a government official due to an offense – is not as straight forward as it seems. Article 1, Section 2, Clause 5 gives the power of impeachment to the House of Representative. Simple as that, right? However, Professor Morrisey points out that our Founding Fathers had a much more complex plan in mind. The House has the power to call for an impeachment, but the particular person‘s trial – the person being impeached – will take place on the Senate floor. What more, the Chief Justice of the United States Supreme Court will be the one presiding over the senatorial trial. Fun Fact #4 So, to sum this up: our Founding Fathers gave the House the authority to choose their speaker; they gave the House the power of impeachment, but the trial will take place in the Senate under the supervision of the U.S. Chief Justice. Is this not another fascinating example of the checks and balances in place? Congratulations! We finished Article 1, Section 2. Now, onto Section 3. God Bless, Juliette Turner U.S. Constitution for Kids – Article 1, Section 3, Clause 1 – February 28, 2011 February 28, 2011 – Article 1, Section 3, Clause 1 – Interpretation of Professor William Morrisey’s Essay Article 1, Section 3, Clause 1 The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Notice something different? We have moved on to the Senate! The second branch of our legislature. Article 1, Section 2 laid out the laws of the land for the House of Representatives. Now our Founding Fathers are introducing the world of the Senate. In the following Fun Facts, will we begin to break down Article 1, Section 3, Clause 1. Fun Fact #1 Professor Morrisey first points out that America‘s new form of Republic, where the people were sovereign, had not been ―seen since antiquity.‖ as the professor states it. It gave the average person, not only Kings and Queens, the ability to own their own property and reap the benefits of their land. Fun Fact #2 America was the first country to have ―states men‖ or Senators. Our Founding Fathers wanted the states to be represented as well as the people. Their plan to have both these entities represented in a Republican fashion is a true reflection of their brilliant minds. Fun Fact #3 Their plan was actually fashion after John Adams‘ Massachusetts‘ Constitution, where he draws up the plan for a bicameral legislator, instead of a unicameral legislator as used during the Articles of Confederation. Gouverneur Morris also agreed with this plan, (Pop Quiz! Where have we heard his name before?), but he thought that the Senate should represent the merchants, financiers, and gentlemen, and the House should represent the middle class and farmers. That doesn‘t sound quite right does it? Then James Madison jumped in and proposed the plan that the Senate should represent the states, no particular class of people – our founders we very careful to banish classes from the Constitution.