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The following-named delegated from other States were present, but did not sign the constitution: Massachusetts
New JerseyEldridge Gerry,
Wm. C. Houston. Caleb Strong
Edmund Randolph, Connecticut
George Mason, Oliver Ellsworth.
Alexander Martin, Robert Yates.
Wm. R. Davie.
GeorgiaJohn Francis Mercer,
Wm. Pierce, Luther Martin.
Wm. Houston. Of the 63 delegates originally appointed 10 did not attend, 2 of which vacancies were filled. Of those attending, 39 signed and 16 did not.
The constitution was adopted by the convention on the 17th of September, 1787, appointed in pursuance of the resolution of the Congress of the confederation of the 21st of February, 1787, and ratified by the conventions of the several states, as follows:
Delaware, December 7, 1787, unanimously.
Virginia, June 25, 1788, by a vote of 89 to 79.
Declared ratified by resolution of the old Congress, September 13, 1788.
[The adoption of the constitution was opposed by many who believed that the extensive powers granted by it to Congress and the executive would be dangerous to the liberties of the people. It was, however, finally adopted chiefly through the exertions and writings of James Madison, John Jay, and Alexander Hamilton. Virginia ratified the constitution with the declaration that she was at liberty to withdraw from the Union whenever its powers were used for oppression; and New York, after Hamilton had declared that no state should ever be coerced by an armed force. There were two great parties: The Federalists, in favor of a strong, centralized government, and the AntiFederalists, supporters of state's rights. Washington and Adams, Federalist leaders, were elected, and the government was organized with Thomas Jefferson, secretary of state; Alexander Hamilton, setretary of the treasury; Henry Knox, secretary of war, and John Jay, chief justice of the supreme court.]
AMENDMENTS TO THE CONSTITUTION
ARTICLE 11 Congress shall make no law respecting an establishment of Sectarianism religion, or prohibiting the free exercise thereof; or abridging prohibited
the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
ARTICLE II A well-regulated militia being necessary to the security of a Right to bear free state, the right of the people to keep and bear arms shall not be infringed.
ARTICLE III No soldier shall, in time of peace, be quartered in any house Soldiery not without the consent of the owner, nor in time of war but in a quartered on manner to be prescribed by law.
ARTICLE IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Twelve amendments were proposed by Congress, September 25, 1789. The last ten were adopted,
which are the first ten as shown above, and were proclaimed to be in force December 15. 1791.
The rejected articles were as follows:
I. After the first enumeration required by the first article of the constitution there shall be one representative for every 30.000 persons, until the number shall amount to one hundred; after which the proportion shall be so regulated by Congress that there punishment inhibited
ARTICLE V No person shall be held to answer for a capital or other- Rights of wise infamous crime, unless on a presentment or indictment charged with of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
ARTICLE VI In all criminal prosecutions, the accused shall enjoy the Rights of right to a speedy and public trial, by an impartial jury of the persons state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
law adopted shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.
ARTICLE VIII Excessive bail shall not be required, nor excessive fines Excessive
bail and imposed, nor cruel and unusual punishments inflicted.
shall not be less than one hundred representatives, nor more than one representative for every 40,000 persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress that there shall not be less than two hundred representatives, nor more than one representative for every 50,000 persons.
II. No law varying the compensation for the services of the senators and representatives shall take effect until an election of representatives shall have intervened.
The twelve proposed amendments were acted upon by the states as follows:
All ratified by Kentucky, Maryland, New Jersey, North Carolina, South Carolina,
All, excepting Article I, ratified by Delaware-1.
, excepting Article I and II, ratified by New Hampshire, New York, and Rhode
ARTICLE IX The enumeration in the constitution of certain rights shall Certain rights
not be construed to deny or disparage others retained by the construed people.
ARTICLE X The powers not delegated to the United States by the conStates rights stitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people.
Judicial powers of the United States limited
ARTICLE XI1 The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
ARTICLE XII 2 The electors shall meet in their respective states and vote President of by ballot for president and vice-president, one of whom, at States, how least, shall not be an inhabitant of the same state with themelected
selves. They shall name in their ballots the person voted for as president and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for president shall be president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of choice shall devolve on them, before the fourth day of March next following, then the vicepresident shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president shall be the vice-president, if such number be a majority of the President,
1 Article XI was proposed by Congress March 12, 1794, and declared in force January 8, 1798.
2Article XII was proposed in the first session of the Eighth Congress, and declared in force September 25, 1804.
how elected whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.
ARTICLE XIII SECTION 1. Neither slavery nor involuntary servitude, except Slavery as a punishment for crime, whereof the party shall have been
abolished duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
SEC. 2. Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV2 SECTION 1. All persons born or naturalized in the United Citizenship
defined and States, and subject to the jurisdiction thereof, are citizens of rights the United States, and of the state wherein they reside. No
secured state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property without du process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
SEC. 2. Representatives shall be apportioned among the Representaseveral states according to their respective numbers, count
regulated ing the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice-president of the United States, representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein
1 Article XIII was proposed by Congress February 1, 1865, and declared in force December 18, 1865.
Ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New Hampshire, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, and Wisconsin-33. Ratified conditionally by Alabama and Mississippi-2. Rejected by Delaware and Kentucky-2.
2 Article XIV was proposed by Congress June 13, 1866, and declared in force July 28°
Ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Hampshire, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, and Wisconsin--33.
of the above, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia first rejected the amendment, but finally ratified it. New Jersey and Ohio rescinded their ratification.
Rejected by Delaware, Kentucky, and Maryland-3.