Am History and the Charters of Freedom

8/13/2019 Am History and the Charters of Freedom

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The first expedition was dispatched to the New World by Water Raleigh and

consisted of 2 ships, a reconnaissance expedition, set out in 1584Roanoke was reached in!uly 1585 and had on board John Whitea "ap"a#er and a painter who left a nu"ber of

high$%uality water color drawings representing &ndians, their 'illage, dances, and their way

of life(ariot, a scientific expert who was also on board, published in 1588 )* +rief and true

report of irginia- .n board there were "any other specialists, including an apothecary, a

surgeon, and s#illed crafts"en built houses, and a fort and searched for gold /oonhowe'er, they ran out of food, and frightened by the nati'es they left the s"all settle"ent

and returned to 0ngland* further expedition of three ships set out for Roano#e on ay 8 158 with 118

colonists, including so"e wo"en and children and !ohn White in charge as go'ernor (is3ournal is a record of the expedition Whites daughter ga'e birth to a girl who was na"ed

irginia the first 6hristian born in irginia7

They were left there as the captain and White returned to 0ngland to persuadeRaleigh to send a bac#$up fleet %uic#ly to help in the fight against the &ndians *s the

0nglish were preparing to resist the /panish in'asion$ar"ada they could not depart and

ta#e ships away as they stayed all in ports /o White "anaged to return to Roano#e in*ugust 159, on his return he didnt find the colony he had left although he sent se'eral

parties to search for the" What he only could find was the word :6roaton- car'ed on a

tree, a word which signified the ho"e of a friendly &ndian chief ;espite this inscription, no

historian "anaged to find out what beca"e of the Roano#e colony /peculations were "aderegarding a possible retreat of the colonists in the "ainland area where the &ndians li'ed,

other suppositions held the belief that they were carried off by the /panish soldiers

(owe'er, ne'er again were the Roano#e colonists heard of, or seen?@ What "ade her the Aueen7 singlehi" out fro" the crowd of s"art$loo#ing gallants was his sheer brain$power and his grasp

of new, especially scientific, #nowledge-

Raleigh howe'er was not religious, on the contrary he was #nown to be :atheist-

and his sea 'entures had no religious di"ension The clergy did not hold a place in hisplans so he did not atte"pt to recruit -Bod$fearing, prayerful "en- for his 'entures


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(owe'er, the age was a religious one and after the +ible the next boo# to i"pressthe people was Doxes :+oo# of artyrs- a co"pendiu" of the sufferings of 0nglish


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i""odest dress was forbidden and illness punished se'erely This is the "o"ent when!ohn Rolfe co"es into the scene disregarding the code by culti'ating tobacco

The year 1G1 represented a significant "o"ent= first it sent to North *"erica 9

young, un"arried wo"en, second the co"pany pro"ised to gi'e the colonists their :rights

of 0nglish"en-, third, a new go'ernor, /ir Beorge Jeardly was sent out to introduce thenew dispensation .n !uly H9, 1G1 the first General Assembly of ir!inia "et in

!a"estown 6hurch for a wee#


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The settlers who e"bar#ed on the ayflower were different, they ca"e to *"erica not

:pri"arily for gain or e'en li'elihood, though they accepted both fro" Bod with gratitude,

but to create (is #ingdo" on earth They were the Cealots, the idealists, the utopians, the

saints, and the best of the", or perhaps the "ost extre"e of the" were fanatical,unco"pro"ising and o'erweening in their self$righteousness-

They were also :i""ensely energetic, persistent, a courageous They and their

offsprings were to build to other ele"ent in the *"erican tradition, creati'e too, butideological and cerebral, pric#ly and unbending, fiercely unyielding on occasions to the

point of self$destruction- These two ele"ents were to produce the *"erican people

The "ost i"portant e'ent which also deser'es attention occurred on board a ship,when after two "onths of 'oyage, so"e dissensions e"erged 6onse%uently, on No'e"ber

21, the leaders of the future colony asse"bled and drew up a social co"pact, destined to

secure unity and pro'ide for future go'ern"ent &n effect, it created a : ci%il body politictopro'ide 3ust and e%ual laws- founded upon church teaching, the religious and secular

go'ernance of the colony to be in effect indistinguishable :This contract was based uponthe original +iblical co'enant between Bod and the &sraelites +ut it reflected also early 1 th

century social$contract theory, which was later to recei'e such notable expressions inTho"as (obbes :Ie'iathan- 1G557 and !ohn Ioc#es :Treatise of 6i'il Bo'ern"ent-

1G97 :&t is an a"aCing docu"ent for these earnest "en and wo"en7 to ha'e agreed and

drawn up, signed by all forty$one heads of households abroad the tiny 'essel in the "idst ofthe troubled *tlantic and it 3ustified to the profound earnestness and high purpose with

which they 'iewed their 'enture- !ohnson


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exa"ple should in turn con'ert and sa'e the .ld World too (e condensed his 'ision in thefollowing words which he addressed to the tra'elers= :We "ust consider that we shall be as

a &ity "pon a Hill' the eyes of all people are upon us- (e was so fully conta"inated by

his "issionary drea" that when they approached the shore he noted in his diary= :there

ca"e a s"ell of a garden There ca"e a wild pigeon into our ship, and another s"alllandbird- (e exhilarated with 3oy recogniCing in the birds the heralds of a pro'idential

sign

Winthrops 'enture "ar#ed a turning$point in the history of New 0ngland, first bybringing o'er 1,999 settlers, then by settling the place which beca"e +oston, the capital

The soil, the land, nature, and e'erything was so plentiful and "agnificent that the settlers

all ca"e to belie'e that it was Bod who who arranged e'erything, that is was Bods gift tothe"

These con'oys were soon followed by other con'oys which brought o'er ani"als,

pro'isions, li'estoc# of all #inds Their culti'ating s#ill and their de'otion turned the6onnecticut alley into the richest and "ost fertile land &n ti"e to all these natural

treasures it added colleges, publishing houses, and the first newspapers in the *"ericasThese settlers did indeed not fail because they did not go in search for gold, instead they

sought to prosper locallyWinthrop beca"e the first New 0ngland go'ernor between 1GH9$4 and the colony

had a fir", e'en a harsh go'ern"ent, exactly what it needed "ost The go'ern"ent was

conducted by "en chosen by all full "e"bers of the congregation :These were free"enand they were recruited in batches on account of their Bodly beha'ior- *lthough fro"

ti"e to ti"e he added "ore "en to the free"en ran#s, he ruled the co""unity as a dictator

(e su""oned his Beneral 6ourt only once a year, not four ti"es as the co"pany charterstipulated &n his ti"e e'eryone not only the free"en had to swear an oath of loyalty to his

go'ern"ent

6hurch "e"bers did not on the whole en3oy a special status in law or anything else,

they ca"e to spea# with authority only fro" their altars and pulpits, but their power ceasedat the church yard gate

*"ericans, in general praised Bod and belie'ed that #nowledge of Bod co"es

direct to the" through the study of (oly WritF therefore they all read the +ible assiduously,daily The authority of religion lay in the +ible, not with the "inister howe'er, and in the

last resort e'ery "an and wo"an decided in the light of which *l"ighty Bod ga'e the"

what the +ible "eant This direct apprehension of Bod and his word "ade the" feel in aclose, daily, and fruitful relationship with the deity

Winthrop was a stern, authoritarian go'ernor who "ade so"e of the strong$"inded

spirits consider hi" :tyrannical- (e su""oned the Beneral 6ourt to an annual "eetinginstead of four and, generally spea#ing, flouted the charter


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ar!"ments and speeches and in accordance with the r"le of law- !ohnson


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the people and raised re'enues fro" all of the", too Thus, behind the settlers of *"ericawere 1,999 years of political history- !ohnson


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with the &ndians Kthat old fool has ta#en away "ore li'es in that na#ed county than did herefor the "urder of "y father Nonetheless, the crown turned to side with the &ndians on

"ost of the occasions

The go'ernors ruled with a co"ncil, which for"ed the executi'e or ad"inistrati'e

body of the colony and constituted the "pper chamber li#e the (ouse of Iords7 of itsasse"bly They were appointed by the crown in royal colonies7 and by the proprietors, and

their nu"ber 'aried They also perfor"ed 3udicial functions and ser'ed as courts of appeal,

though i"portant cases were so"eti"es sent to the


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on the whole deter"ined the political agenda- /oon they increased their power and duringthe first half of the 18thcentury they were able to order their own business, hold elections,

direct their agents in Iondon, control the release of news to the press They had the sole

right to fra"e and a"end "oney +ills, and so to raise or lower taxes They controlled

expenditure by specific allocations, including the appoint"ent of "oney co""issionersand tax$collectors, regulated the fees of the ad"inistration and sub3ected all officials to

annual salary regulations &n fact unli#e the (ouse of 6o""ons they disposed of executi'e

responsibilities and began to thin# the"sel'es as go'ern"entThis was by no "eans a one$way struggle, as on the other side, the go'ernor also

tried to cling to his prerogati'e powers E to appoint 3udges and regulate the courts, to

su""on, to dissol'e or extend asse"blies &nstead of holding grip o'er power anddo"inating the scene, his power actually di"inished, as the people would not let

the"sel'es ruled against their will +y 1G9 :the *"ericans were already predo"inantly

"iddle$class, and the colonies were in "any respects a "iddle class de"ocracy, too-!ohnson


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bro#en soon as the colonists clai"ed representation in go'ern"ent 6ontrol had to do firstwith ad"inistrati'e control and later on with financial control

&n New 0ngland the self$go'ern"ent for" was "ore co"plete than in other

colonies, as they agreed fro" the outset to go'ern the"sel'es, so, the


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T!E LITERAT,RE O" COLONIAL AMERICA

The


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"o'e"ent7 which swept o'er 0urope during the 1Gthcentury and which ga'e rise to


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American Literat"renotices= :.f all the boo#s published in the entire history of colonialNew 0ngland, nearly half dealt with religion, and "ost of the" were collections of

ser"ons-

TheAntholo!yfurther re"ar#s= :The ser"ons were funda"ental religious exercises and

"uch "ore &n that day before newspapers and the electronic news "edia, ser"ons werea public foru", a source of news and infor"ed opinions-

The assachusetts +ay


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The *nthology further re"ar#s= :The ser"ons were funda"ental religious exercises and"uch "ore &n that day before newspapers and the electronic news "edia, ser"ons were a

public foru", a source of news and infor"ed opinions-

any original church "e"bers died or "o'ed away, and newco"ers began to %uestion the

di'ine authority of


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1

JO!N WINT!RO. /011+/2345

(e was the leader of the 2 999 "en, wo"en, and children who were broughtby a fleet os ships to the New World and which heralded the beginning of the

Breat igration of


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.reliminaries to t%e War of Inde&enden-e

The French in America

&t was in 1G98 that the Drench founded their first per"anent settle"ent at Auebec, a

little after the 0nglish had founded !a"estown as their first settle"ent Auebec wasfounded by Sam"el de &hamplainwho intended to establish a base for finding a water way

to the .rient, carrying on the far trade and con'erting the nati'es to 6hristianity &t was

only later, when Iuis & too# the go'ern"ent into his hands, that expansion abroad was

encouraged *ided by his finance "inister and econo"ic planner, !ean 6olbert, the Drenche"pire was supposed consist of four parts= Dr &tself as the centre and the source of capital

(er West &ndian &slands artini%ue and /udeloupe7 as supplies of exotic products and

sugar, posts along the *frican coast to assist the sla'e trade, and the settle"ents in 6anadaas a "ar#et for experts fro" Drance

&n 1G82Ren1 Robert &a%elier reached the delta of ississippi and too# possession

of the surrounding country na"ing it Iouisiana after the #ing of Drance There the Drenchbuilt se'eral possessions New .rleans was founded in 118 and soon beco"e a city

co"parable to those on the *tlantic coast

Preliminaries to the War of nde!endence

The ani"osities between the Drench and the 0nglish between


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co"pleted the construction and na"ed it fort ;u%uesne This was the beginning of theDrench and &ndian War The subse%uent battles were lost by the 0nglish who were

co""anded by Beneral 0dward +raddoc *fter two years of fighting in *"erica, the

go'ern"ents declared war, and a world war, which in 0urope was #nown as the /e'en

Jears War 15G$1GH7 began Drance allied herself with her for"er ene"y, *ustria, and0 3oined Drances for "e$ally


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taxation syste" on the colonies &n order to further defend the colonies and raise re'enue Ealso to enforce i"perial law within the", Breen'ille instituted a series of "easures=

permanent troops were stationed in the pro'inces by the utiny *ct7

the colonists had to assist in pro%isionin! and maintainin!the ar"y

ships were assigned to patrol *"erican waters and to loo# out for s"ugglers royal officials were ordered to ta#e up their posts and not send at substitute7

the s"!ar4act 1G47 ai"ed at eli"inating The illegal trade between the

continental colonies and the foreign West &ndia and i"posed new duties on a

nu"ber of ite"s

the &"rrency Act forbade de colonies to issue "ore paper "oney

the Stamp Act i"posed a tax to be paid on e%ery le!al doc"ment in the colonies,

e'ery newspaper, al"anac, or pa"phlet

Thus the new i"perial progra" beco"e "ore efficient in that it collected "ore "oney but

it was not a lasting progra" .n the other hand, the colonists had gained "ore self$

confidence in their own "ilitary powers and decisions, and refused the i"perial guidanceand protection of 0ngland The age was go'erned by discount and ended up in a real re'olt

War was the ulti"ate result of a real clash of interests, econo"ic and political between the

groups do"inant in 0ngland and those do"inant in the colonies= and outstanding historian,&harles #$ Andrewshas said

New soil had produced new wants, new desires, new points of 'iew and the

colonists were de"anding the right to li'e their own li'es in their own wayLntil 1GH the ad'antages that the colonists had fro" the i"perial policy dictated

their attitude, that is, they were obedient sub3ects *s ad'antages we can "ention=

access to "ar#ets of the e"pireF

protection afforded by +ritish na'al and "ilitary forcesF

the pride of belonging to that e"pire

*fter 1GH *"ericans grew aware of the disad'antages brought about by the e"pire

and they concluded that the policies of the empire rather threatened the well$being of

nearly all classes in *"erica

northern "erchants suffered fro" the 'arious restraints i"posed on their trade

and the increased taxation

southern planters were burdened with debts to 0nglish "erchants and had to pay

additional taxes

professional "en$preachers, lawyers and professors considered that they had the

sa"e interests as the "erchants and planters

s"all far"ers were depri'ed of so"e "ar#ets and affected by a reduction of

prices for their crops and an increase in their taxes and other$costs

town wor#ers faced narrower opportunities because of restraints on

"anufacturing paper "oney

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Towards Inde&enden-e

*s a conse%uence of the war and of the new econo"ic policy the colonists beca"e

re"ar#ably proud of their self$go'ern"ent 6olonists see"ed to ta#e an acti'e interest inpublic affairs


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considered it a fixed and definite body of principles written down only to a'oiddisagree"ents Therefore, the *"ericans resistance to tyrannical laws relied basically

upon the +ible and the writing of !ohn Ioc# Dor se'eral centuries the preachers of the

colonies Ioc#s theory ca"e to support the *"ericans principle (e wrote= :&f anyone

shall clai" a power to lay and le'y the taxes on the people by his own authority, andwithout such consent of the people, he thereby in'ades the funda"ental law of property and

sub'erts the end of go'ern"ent- Thus, the *"ericans understood 'ery closely that the

+ritish go'ern"ent was flouting the law of nature and the will of Bod

T%e Boston Tea .art7

The Act -ea was the next "easure "eant to pro'o#e the *"ericans The 0ast &ndia6"pany with a large a"ount of unsaleable tea was supported by the


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(owe'er, the colonists went e'en further in that they organiCed the"sel'es into groupsof part$ti"e soldiers, or :"ilitias- and began to gather together weapons and

a""unition

.n the nightof *pril 18, 15, 99 +ritish soldiers "arched out of +oston with the

intention to surprise the colonists and capture the weapons they #ept stored in the nearbytown of 6oncord &f

&t had not been for the courage of two bra'e "en, Pa"l Re%ere and William Dawes, who

3u"ped into their saddles and galloped to 6oncord to warn the colonists, and the signallights hang fro" the spire of +ostons tallest church, the outco"es of these first shots shot

at 6oncord "ay ha'e been different Ne'ertheless, The +ritish were welco"e by a group of

se'enty "ilitia"en, called :inute"en-, who barred their way in the 'illage of Iexington*s the latter refused to obey the +ritish co""anders order to retreat, so"eone shot a fire,

followed by other shots, which #illed eight "inute"en These were the first shots fired in

what beca"e the Re'olutionary War The fight was then fought at 6oncord with seriouscasualties for both sides This was the fatal shot which :was heard round the world- as

0"erson put it &n this conflict no *"erican could afford to re"ain neutral They wereeither


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+y the following year the fighting had spread beyond assachusetts and beca"e afull$scale war The "ost fierceful battle was fought at +un#er (ill between the +ritish

troops and the force of 'olunteers The losses and casualties they brought to the +ritish

increased the *"ericans confidence

The role of infla"ing the "asses and urging the" to action ca"e to Tho"as


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6hrist"as night in 1G, he had to retreat and spend the winter at alley )or!enow fa"ousfor the heroic sufferings, that his ill e%uipped ar"y had to endure

*"ericas "ost reliable ally was Drance, ruled at that ti"e by Ming Iuis & who ca"e to

the throne in 147 (is foreign "inister, 6ount ergeules, soon realiCed the i"portance of

the colonies independence and its i"pact on other foreign affairs, such as the wea#ening ofBreat +ritain and the corresponding growth of the power of Drance Dro" the 'ery

beginning of the conflict Drance sent out obser'ers to *"erica to report on the course of

e'ents The *"erican *rthur Iee "et the Drench diplo"at and "usical co"poser 6anon de+eau"archais with who" he discussed the possibility of a secret help *t this point all the

countries, which declared hostilities to +ritain, contributed to the ulti"ate 'ictory of the

*"erican colonies Thus, Netherlands pro'ided loans and /pain ga'e an official subsidieswhile Drance re"ained the basic ally, pro'iding "ost of the "oney and "unitions, a na'y

and an expedittionary force, that only after the *"ericans had won their 'ictory at

Sarato!a &t was in 1 that the young Iafayette sailed fro" Drance to help *"erica Thesurrender of Jor#town signaled the end of the world

The treaty of


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consideration and approbation- Durther"ore, on 12 !une 1G, one delegate fro" eachcolony was chosen to sit on a co""ittee :to prepare and digest the for" of confederation-

The co""ittee "e"bers were far$reaching and brilliant "inds li#e= /a"uel *da"s, !ohn

;ic#inson, !oseph (ewes, /tephen (op#ins, Rober R Ii'ingston, 0dward Rutledge, Roger

/her"an etc Dro" a"ong the "e"bers, !ohn ;ic#inson was appointed to draft thedocu"ent which should represent a political and ad"inistrati'e plan for the confederation

;ic#inson was appointed as a drafts"an because of his profound #nowledge of the

institutions of go'ern"ent ;ic#insons draft was first read before 6ongress on 12 !uly;ic#insons plan was not entirely his wor#, as he drew on +en3a"in Dran#lins

Ks#etch of a plan for a per"anent union of the colonies &n spite of the fact that Dran#lins

plan was re3ected, ;ic#inson used a large part of his plan ;ic#insons draft was read 12!uly 1G it was resol'ed that :eighty copies, and no "ore, of the confederation, as brought

in by the co""ittee, be i""ediately printed, and deposited with the secretary, who shall

deli'er one copy to each "e"ber-The *rticles were then discussed in the 6o""ittee of the Whole ;uring the next

twenty days the *rticles were discussed and debated and finally endorsed

2G


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T!E CONSTIT,TION

This legal docu"ent integrates a few critical ele"ents Dirst, it "ust be understoodagainst the bac#ground of the historical e'ents which caused it, second it "ust be regarded

as a legal docu"ent, the "ost i"portant one in the L/, third it "ust be loo#ed at fro" the

point of 'iew of its i"pact on the e'olution of the past and present hu"an rights "o'e"ent

(owe'er, any atte"pt to understand the 6onstitution cannot disregard theconstitution$"a#ing process, the &onstit"tional &on%ention, the prominent fi!"res who

participated in the e'ents, the two "a3or parties in'ol'ed, the general enthusiastic

intellectual and e"otional at"osphere which wrapped up the e'ent, and finally, theratification process, which practically represented the wide$scale national adoption of the

6onstitutionTwo of the "ost i"portant participants in the constitution$"a#ing process were

James Madison and Ale9ander !amilton adison was a frail "an and as his

psychological frailness pre'ented hi" fro" de'eloping a great career in the ar"y, so

conse%uently he dedicated his intellectual 'igour to the "ore heated "atters of the day &n1G he was elected to the irginia state con'ention, where he "ade his first re"ar#able

contribution to the 'ernacular of the *"erican constitutional law by suggesting that the

phrase :toleration of religion- be gi'en a positi'e turn by being changed to :the free

exercise of religion-, an i"pro'e"ent with se'eral conse%uences &n that sa"e yearadison "et !efferson, who he for"ed a long$lasting friendship with, a friendship which

lasted for all his life Their friendship resulted in an exchange of 1,259 letters, which were

printed in three 'olu"es While adison was a cautious and deliberati'e "an, *lexander(a"ilton was an audacious ad'enturer

+efore engaging in the constitution$"a#ing process, both adison and (a"ilton

"ade great efforts to reform the existing 6onfederation, especially in finance, but theirefforts failed &n this respect, adison wor#ed out a three$point refor" plan, in which he

introduced the concept of popularelectionsfor the first ti"e *lexander (a"ilton built on

adisons sche"e of refor" a broader plan in'iting state delegates to


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this inno'ation as the second great inno'ation fro" the ;eclaration of &ndependenceadison further proposed that the li"iting power should be exercised by a federal power of

'eto on state laws The principle was, howe'er, accepted and li"itations on the power of

the states i"posed by the federal 6onstitution ha'e been accepted as a funda"ental

principle of the federal syste"The 6on'ention "et in


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*s pointed out pre'iously, this action was speeded up by the existence of so "anywell$wor#ed out state constitutions, so that the 6onstitutional 6on'ention was practically

called to choose fro" the extent state constitutions the one which could best respond to all

political and ad"inistrati'e needs posed by such a large 6onfederation

adison is re"e"bered as the father of the *"erican 6onstitution, as broadlyspea#ing, the irginia


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This represented the second stage The third stage was the election of delegates in eachstate to consider the constitution, and the fourth was ratification by these con'entions of at

least nine of the Thirteen /tates *rticle && declared that :the ratification of the

con'entions of nine /tates shall be sufficient for the establish"ent of this 6onstitution

between the /tates so ratifying the sa"e- This "eant that once the ninth state signified itsacceptance, the 6onstitution beca"e the basic law of the country, irrespecti'e of what other

states did

The introduction of the rule of "a3ority, as opposed to unani"ity, representedanother step forward, showing the federalists deter"ination to create a forceful

go'ern"ent Durther"ore, the syste" per"itted a speedy action The federalists supported

the bris#y ratification process hoping that the +ig Dour irginia, assachusetts, NewJor#, and


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which he strongly e"phasised the role played by elections and representation as the core ofa solid constitution (e pointed out that what really differentiated the new *"erican for"

of constitution fro" the ancient Bree# and Ro"an "odels was the curious way of 'oting

and the inherited right which "ade up the +ritish 6onstitution (e further wrote :The

world has left to *"erica the glory and happiness of for"ing a go'ern"ent whererepresentation shall at once supply the basis and the ce"ent of the superstructure Dor

representation, /ir, is the true chain between the people and those to who" they entrust the

ad"inistration of the go'ern"ent- /uch enlightened ideas brought Wilson the great "eritof being the second great hand in shaping the 6onstitution, and after (a"ilton s 'oice his

'oice urged the 6onstitution to be accepted

*lexander (a"ilton, !a"es adison, !ohn !ay, !a"es Wilson, !ohn ;ic#inson, andRoger /her"an were the elite representati'es of the federalists

The anti$federalists were led by pro"inent figures such as


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pro'o#ed +en3a"in Dran#lins notable re"ar#= :.ur 6onstitution is an actual operation,and e'erything appears to pro"ise that it will last= but in this world nothing can be said to

be certain but death and taxesP

!a"es adison who had pre'iously argued against the tyranny of interests or of the

"a3ority, pro'iding instead for structural arrange"ents such as the separation of powersand the syste" of chec#s and balances, then, finally set out to exa"ine all rights co"prised

in state constitutions and ca"e forth with a synthesis (e also drew his inspiration fro" the

irginia ;eclaration of Rights 1G7, co"posed by the anti$federalist Beorge asonAuite early, in 18, adison produced drafts of ten a"end"ents

The ratification procedure went s"oothly and on ;ece"ber 15, 11, irginia was

the last state to ratify the +ills that beca"e part of the *"erican 6onstitution

T%e Constit(tional Conte9t

The Dounders of the 6onstitution established the role of 6ongress in policy "a#ingThe Dounders also established its relationship with the other branches of go'ern"ent and

with the people

The basic principles included in the 6onstitution are= limited !o%ernment,

separation of powers' check and balances' and federalism$ ;espite the 299 years whichha'e passed since the creation of the 6onstitution the afore"entioned principles continue to

go'ern the law"a#ing process

Limited 'o)ernment* &t has been pointed out at an earlier date that the Dra"ers of

the 6onstitution wanted to create a strong and effecti'e national go'ern"ent which,ne'ertheless, should not threaten personal or property rights 6onse%uently, they thoughtthat by di'iding the power a"ong three branches of national go'ern"ent, and between the

nation and the states, the national go'ern"ent could not ac%uire too "uch power so as to

'iolate personal and property rights The di'ision of power, on the other hand, ensured bothpolicy conflicts and effecti'e cooperation, and the officials were "ade responsi'e to

different constituencies, responsibilities and perceptions of the public welfare Thus the

Dra"ers suggested that the :*66LLI*T&.N .D *II


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any of the branches, second, in order to be effecti'e it had to ensure ade%uate collaborationand co$operation of the branches

*ccording to the first article of the &onstit"tion 6ongress is the first branch of

go'ern"ent and has :all legislati'e power- &t is granted, at the sa"e ti"e, explicit and

i"plicit responsibilities *rticle & further enu"erates the specific powers of 6ongress*rticle && and &&& which refer to the executi'e and 3udicial branches, describe briefly

the fra"ewor# and the duties in'ol'ed

*lthough separation of powers i"plies that 6ongress :enacts- the laws, the


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6ongress and the president, each with different constituencies, ter"s of office, and ti"es ofelection, can clai" to represent "a3ority senti"ent on national issues Bi'en each branchs

independent and for"idable powers, different perspecti'es on "any issues, the intricate

"ix of for"al and infor"al relationships, it is apparent that i"portant national policies

reflect the 3udge"ent of both the legislati'e and executi'e branches, and the 'iews ofpressure groups and influential persons

T!E BILL O" RI#!TS

What is the +ill of RightsQ The Bill of Rights is a constitutional act, which

co"prises a"end"ents to the 6onstitution intended to restrict the federal go'ern"entspower and to pre'ent it fro" interfering with certain basic rights of the people

To ensure the success of his ideals and therewith the ratification of the 6onstitution,!a"es adison de'eloped a co"pro"ise plan (e was con'inced that if he presented it to

6ongress or to state legislatures, it would be re3ected (ence, he thought that the best wayto get the 6onstitution ratified was to sub"it it to special ratifyin! con%entions held

separately in each state The con'entions would be elected by popular 'ote of the people for

the sole purpose of appro'ing the 6onstitutionadisons plan centered on the idea exposed in the Preambleto the 6onstitution, which

says :We the


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H Was the bill of rights, indeed, necessary to be added to the 6onstitutionQ/oon the anti$federalists realiCed that the best way to resist the ratification was by

using the issue of the bill of rights

There was a wide spread fear of a strong and powerful go'ern"ent co"bined with

the belief that a bill of rights was necessary to protect people fro" go'ern"ent This ideawas rooted in the assu"ption that if people needed to be protected fro" their relati'ely

wea# state go'ern"ents, they would need "ore protection fro" the so"ewhat "ore

powerful federal go'ern"ent 6onse%uently, the anti$federalists highlighted the lac# of abill of rights The issue ac%uired an e"otional connotation fro" the "en and wo"en who

had 3ust fought a re'olution to secure their rights Durther"ore, in se'eral states the

%uestion of a bill of rights was used effecti'ely to organiCe opposition to the ratification ofthe 6onstitution

Nonetheless, the federalists also used their strategy to con'ince different states to

ratify the 6onstitution .ne of these was to gi'e in to the anti$federalists de"and for a billof rights, which e'entually depri'ed the anti$federalists of their strongest weapon &n so"e

states, assachusetts for exa"ple, the agree"ent to add a bill of rights was enough to winratification

The last state the ninth out of twel'e7 to be deter"ined to ratify the 6onstitutionwas New (a"pshire and it 'oted for ratification in exchange for the inclusion of a list of

twel'e amendments suggested as a bill of ri!htsfor the new nation The other states were in

consensus o'er the reco""ended a"end"ents Thus, although the anti$federalists lost theircause that of defeating the 6onstitution or calling for its re'ision7, they "ade their point by

adding the +ill of Rights to the 6onstitution

Beorge Washington beca"e the first president of the L/ on *pril H9, 18 when hewas sworn into office This e'ent "ar#ed the beginning of the new go'ern"ent &t was for

the first ti"e in history that the people of a nation held the ulti"ate power of go'ern"ent

by selecting the person they wanted to lead their go'ern"ent What is further worthwhile

noting is that the powers that the person was entitled to be li"ited by the new 6onstitution,which the president was sworn to uphold +esides, the concern for freedo" 'owed in

Washingtons inaugural address urged 6ongress to fulfill the pro"ise to add a bill of rights

to the 6onstitutionThe tas# of drawing up the bill of rights befell upon James #adison, a tas# that he

de'oted his full attention to *lthough, in the beginning he had opposed the idea of a bill of

rights and often referred to it calling it a :parch"ent barrier-, during the ratification debateshe pro"ised to add one /o, his pledge entitled hi" to the other title he had ac%uired that of

:father of the 6onstitution-

(owe'er, he set out on his tas# by re'ising the a"end"ents whish werereco""ended by the indi'idual states during the ratification debates ost of these either

placed additional li"itations on the powers of the federal go'ern"ent or protected

indi'idual rights

adison focused his attention on the a"end"ents, which pro"oted indi'idualrights, such as freedo" of speech, consciousness, press, religion, asse"bly, petition, and

trial by 3ury, and neglected or dis"issed all the suggestions, which li"ited se'erely the

power of the federal go'ern"ent

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&n drafting the +ills he relied on the colonial bills of rights and charters of libertyThus, for exa"ple, the assachusetts.ody of Libertieswas adopted in 1G41, e'en before

the /n!lish .ill of Ri!hts, and al"ost 48 years before the American .ill of Ri!hts &t

co"prised 2H of the 2 rights enu"erated in the +ill

adison introduced his a"end"ents on the floor of the (ouse of Representati'eson !une 8, 18 (e further suggested that an introductory state"ent be added to the

6onstitution containing so"e basic ideas about go'ern"ent included in the ;eclaration of

&ndependence This state"ent should refer to the idea that the purpose of go'ern"ent is toprotect the rights of the people and that the people are the ulti"ate source of its authority

*s adison was con'inced, along with the people at large, that the greatest danger

to indi'idual rights ca"e not fro" the federal go'ern"ent, but fro" groups who could usetheir state go'ern"ents to ser'e their selfish interests at the expense of others, he included

what he considered :the "ost 'aluable a"end"ent in the whole list- and which read= :No

state shall 'iolate the e%ual rights of conscience, or the freedo" of the press, or the trial by3ury in cri"inal causes-

adison also included an a"end"ent to respond for the possible o"issions This isthe0inth Amendment' which clearly states that the +ill of Rights is only a partial list of the

peoples rights=:The en"meration >listing@ in the 6onstitution of certain rights shall not be

construed >interpreted@ to deny or disparage >"a#e less i"portant@ others retained

by the people-Dinally, adison argued that the a"end"ents he had drafted should be introduced

in the 6onstitution itself, while they were added as a separate list at the end of the

6onstitutionThen the.illunderwent three subse%uent stages Dirst, the 3ury sent it to the /enate

where the anti$federalists dis"issed the a"end"ent that prohibited the state go'ern"ents

fro" 'iolating freedo" of conscience, speech, press, and trial in cri"inal causes This

a"end"ent was added 159 years later/econd, a 3oint co""ittee of the (ouse and /enate altered a few sections &n

/epte"ber 18 6ongress appro'ed the +ill of Rights and sent it to the states for

ratification 6ongress passed only 12 a"end"ents of which 2 were not subse%uentlyratified by the states These dealt with reapportion"ent of the (ouse of Representati'es and

the effecti'e days of raises for "e"bers of 6ongress .n ;ece"ber 15, 11 the .ill of

Ri!htsbeca"e part of the 6onstitution, when it was ratified by irginia, the last state toratify it

-homas Jeffersonwas ser'ing as the first state secretary and was thus responsible

for notifying the state go'ernors of the actions of 6ongress &n 12 !efferson infor"ed thego'ernor that 6ongress :had ta#en action concerning fisheries, the post office, and postal

roads- *t the end of his letter, ne'ertheless, al"ost as a post script, he infor"ed the" of

the ratification of the +ill of Rights= :the ratification by three fourths of the?states, of

certain articles in addition and a"end"ent of the 6onstitution-

HG


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A Com&arison 6etween t%e En'lis% Bill of Ri'%ts and t%e Ameri-an Bill of Ri'%ts

* co"parison of the two docu"ents will shed light on the ad'antages brought about

by the *"erican +ill of Rights

While the +ritish .ill of Ri!hts set out to 3ustify the Blorious Re'olution byexplicating the political and religious cri"es of the #ing and, hence to establish a

go'ern"ent in which the power of the #ing was chec#ed and balanced +y far the greatest

concerns of the 0nglish.ill were to li"it the power of the #ing, place the do"inant powerof the go'ern"ent on


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respect, *6IL lawyers ha'e "any ti"es protected the rights of political "inorities,including those of both the extre"e left and right

The Se-ond Amendment guarantees to e'ery citiCen the right to bear ar"s This

pro'ision was fully 3ustified in those early days of the new nation, as the +ritish had tried to

pre'ent the colonists fro" ha'ing weapons Then, around 18 the *"ericans were far"ersand hunters *lthough things ha'e changed dra"atically o'er the last centuries, and a large

nu"ber of people were #illed by handguns, today it is 'ery difficult to pass gun control

laws, or prohibiting laws, as the right to carry a gun was ensured by the 6onstitution The T%ird Amendment also was a reaction against the old colonial +ritish

practices, as it forbade the go'ern"ent fro" %uartering soldiers in pri'ate ho"es during

peaceti"e without the consent of the ownersThe "o(rt% Amendmentprohibits the illegal search of peoples ho"es, persons, or

papers by the police unless they ha'e a warrant that describes what is being sought Though

in "o'ies this a"end"ent see"s to be per"anently bro#en, in real life this is hardlypossible &n addition, e'idence gathered without a warrant cannot be used in a cri"inal

court caseThe Difth and /ixth *"end"ents deal with "atters which regard the arrest of

suspects and the conduct of cri"inal trials, pro'iding rules that already in 19 ga'e greaterlegal protection to *"ericans than 0uropeans en3oy today The "ift% Amendmentstates

that no one "ay be tried for a serious offence without pre'iously being indicted by a Brand

!ury, and that no one "ay be forced to be a witness against hi"self ;uring a trial theaccused has the right to re"ain silent, and cannot be coerced to answer %uestions 0%ually,

the police "ay not under any circu"stances torture a prisoner to extract a confessions, they

"ay not hold a person for prisoner for "ore than two days without charging hi" or herwith a cri"e (ence prolonged i"prison"ent before a trial is illegal, and any confession

elicited during such a confine"ent is not recogniCed by any *"erican court of law *s a

conse%uence of the iranda decision of the /upre"e 6ourt 1GG7, an *"erican prisoner

"ay wal# free if he confesses to a cri"e, unless the police ha'e first told hi" that he hasthe right to re"ain silent, the right to consult a lawyer before "a#ing any state"ent, and the

right to ha'e a lawyer by his side during any %uestioning

The Si9t% Amendmentguarantees a speedy and public trial by 3ury and gi'es theaccused the right to confront witnesses against hi", the right to co"pel witnesses to appear

on his behalf, and the right to a lawyer

The Se)ent% Amendment guarantees that facts established during atrial cannot bere$exa"ined during appeals to a higher court

The Ei'%t% Amendmentprotects the guilty against excessi'e fines or :cruel and

unusual punish"ents-The Nint% Amendment states that the rights not discussed or defined in the

6onstitution are :retained by the people-, while the Tent% Amendment reads :the powers

not delegated to the Lnited /tates by the 6onstitution, nor prohibited by it to the /tates, are

reser'ed to the states respecti'ely, or to the people-

H8


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Bi6lio'ra&%7

Walter J* Oles;e8$ 184, &on!ressional Proced"res and the Policy Process, 6A

Documents

Am History and the Charters of Freedom