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| 21 Oct 11 UTC | Spring, 1904: He run no risks: cut both Den & Bun. Take Bre & StP looks the only chance you have to disband only 0 or 1. Let's see. TRIESTE Gal>Vie & Gre>Alb mean that you can lose Tri only if Tyr supports. Not an issue: You retreat in Ven. So we may think that Tri>Tyr is a good move to cut Tyr's support into Mun, but what if Tyr moves? We have to think about it carefully. NAO Take MAO would be good. You could defend Bre so he'd need to commit 3 units to retake it. Even more units, because he'd have to cover Por & Spa. That's why, if I was him, I'd cover Lvp with Cly and I'd bounce Iri & Spa into MAO. Support move Spa>MAO it's a hazardous move (less than 20% chances) but if successful would be spectacular! mmm. No. NAO>MAO? DENMARK I don't believe that he'll waste a move and hit Nwy. So Ber>Kie (supp by Den, lol) Swe SH Den Nwy>StP if he wants Den he loses Kie. Better ideas? MUNICH IDK how to save it. The only good news is that, if he takes both Mar & Mun, then MAO will take Por next spring. Thoughts? |
| 21 Oct 11 UTC | Autumn, 1904: The first governing document Main article: Articles of Confederation British Forts on independent US soil traded supplies to treaty tribes. Here, Fort Mackinac, on Lake Huron MI Shays' Rebellion, mobbing "committees" disrupted cities in Ma, Ct, Pa, SC[8] Here, Paxtons at Philadelphia Barbary Pirates attack a Frenchman. France paid extortion, the U.S. could not. US lost ships and crews enslaved. The Articles of Confederation and Perpetual Union were the first constitution of the United States of America.[9] The problem with the United States government under the Articles of Confederation was, in the words of George Washington, “no money”.[10] Congress could print money, but by 1786, the money was useless. Congress could borrow money, but could not pay it back.[11] Under the Articles, Congress requisitioned money from the states. But no state paid all of their requisition; Georgia paid nothing. A few states paid the U.S. an amount equal to interest on the national debt owed to their citizens, but no more.[11] Nothing was paid toward the interest on debt owed to foreign governments. By 1786 the United States was about to default on its contractual obligations when the principal came due.[12] The United States could not defend itself as an independent nation in the world of 1787. Most of the U.S. troops in the 625-man U.S. Army were deployed facing British forts on American soil. The troops had not been paid; some were deserting and the remainder threatened mutiny.[13] Spain closed New Orleans to American commerce. The U.S. protested, to no effect. The Barbary Pirates began seizing American commercial ships. The U.S. had no funds to pay the pirates' extortion demands. The U.S. had no more credit if another military crisis had required action.[14] The states were proving inadequate to the requirements of sovereignty in a confederation. Although the 1783 Treaty of Paris had been made between Great Britain and the United States with each state named individually, individual states violated their peace treaty with Britain. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands over the protests of both Great Britain and the Articles Congress.[14] In Massachusetts during Shays' Rebellion, Congress had no money to support a constituent state, nor could Massachusetts pay for its own internal defense. General Benjamin Lincoln had to raise funds among Boston merchants to pay for a volunteer army.[15] During the upcoming Convention, James Madison angrily questioned whether the Articles of Confederation was a “solemn compact” or even government. Connecticut had not only sent none of its requisition, it had “positively refused" to pay Confederation assessments for two years.[16]A rumor had it that a "seditious party" among the New York legislature had opened communication with the Viceroy of Canada. To the south, the British were said to be funding the Creek Indian raids; Savannah was fortified, the State of Georgia under martial law.[17] Congress was paralyzed. It could do nothing significant without nine states, and some legislative business required all thirteen. By April 1786 there had been only three days out of five months with nine states present. When nine states did show up, and there was only one member of a state on the floor, then that state’s vote did not count. If a delegation were evenly divided, the division was duly noted in the Journal, but there was no vote from that state towards a nine-count.[18] Individual state legislatures independently laid embargoes, negotiated unilaterally abroad, provided for armies and made war, all violating the letter and the spirit of the Articles of Confederation and Perpetual Union. The Articles Congress had “virtually ceased trying to govern.”[19] The vision of a “respectable nation” among nations seemed to be fading in the eyes of such men as Virginia’s George Washington and James Madison, New York’s Alexander Hamilton and John Jay, Pennsylvania’s Benjamin Franklin and George Clymer and Massachusetts’ Henry Knox and Rufus King. The dream of a republic, a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt.[20] |
| 21 Oct 11 UTC | Autumn, 1904: Work of the Convention See also: Constitutional Convention (United States) Calling and convening In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Congress of the Confederation endorsed a plan to revise the Articles of Confederation on February 21, 1787.[21] The plan called on each state legislature to send delegates to a convention “’for the sole and express purpose of revising the Articles of Confederation’ in ways that, when approved by Congress and the states, would ‘render the federal constitution adequate to the exigencies of government and the preservation of the Union.’”[22] the nationalists organize G. Washington, American Convention President prestige brought delegates Nathaniel Gorham, Ma - Chair 'Committee of the Whole' ran daily business G. Wythe, Va Judge Chair, Rules Committee delegates consult, not states W. Jackson, SC - bus. agent Convention Secretary Society of the Cincinnati Twelve state legislatures, Rhode Island being the only exception, accepted this invitation and sent delegates to convene in May 1787.[21] While the resolution calling the Convention specified that its purpose was to propose amendments to the Articles, through discussion and debate it became clear by mid-June that the Convention would propose a Constitution with a fundamentally new design.[23] To amend the Articles into a workable government, 74 delegates from the twelve states were named by their state legislatures; 55 showed up, and 39 eventually signed. [24] On May 3rd, eleven days early, James Madison arrived to Philadelphia and met with James Wilson of the Pennsylvania delegation to plan strategy. Madison outlined his plan in letters that (1) State legislatures each send delegates, not the Articles Congress. (2) Convention reaches agreement with signatures from every state. (3) The Articles Congress approves forwarding it to the state legislatures. (4) The state legislatures independently call one-time conventions to ratify, selecting delegates by each state’s various rules of suffrage. The Convention was to be "merely advisory" to the people voting in each state.[25] The Philadelphia Convention George Washington, the President of the Convention, will later become the first President of the United States George Washington arrived on time, Sunday, the day before scheduled opening. His participation lent his prestige to the proceedings, attracting some of the best minds in America.[26] For the entire duration of the Convention, Washington was a guest at the home of Robert Morris, Congress’ financier for the American Revolution and a Pennsylvania delegate. William Jackson, in two years to be the president of the Society of the Cincinnati, had been Morris' agent in England for a time. He won election as a non-delegate to be the Convention Secretary over Benjamin Franklin's grandson. Morris entertained among the delegates lavishly. The convention was scheduled to open May 14, but only Pennsylvania and Virginia were present. The Convention was postponed until a quorum of seven states gathered on Friday the 25th.[27] George Washington was elected the Convention president, and elected Chancellor (judge) George Wythe, Chair of the Rules Committee published them the following Monday.[28] Nathaniel Gorham of Massachusetts was elected Chair of the Committee of the Whole, a parliamentary situation where individuals spoke freely, and votes could be retaken to allow for bargaining. Provisions in the draft articles were repeatedly made, reconnected and remade as the order of business proceeded. The officials and procedures were in place before nationalist opposition such as John Lansing of New York and Luther Martin of Maryland arrived.[29] By the end of May, the stage was set. The Constitutional Convention voted to keep the debates secret so that the delegates could speak freely, negotiate, compromise and change. Both House of Commons and the colonial assemblies were secret. Debates of the Articles Congress were not reported. Yet since the proposal was for fundamental change from a confederation to a new, consolidated yet federal government, the surprise itself made Convention secrecy a major issue in the very public debates leading up to the crowd-filled ratification conventions.[30] Nevertheless, delegates to the Convention continued in positions of public trust. Of those participating, ten members would also number in the 33 chosen by their state legislatures for the Articles Congress that September.[31] Outside the Convention in Philadelphia, there was a national convening of the Society of the Cincinnati. Washington was said to be embarrassed. The 1776 “old republican” delegates like Elbridge Gerry (Ma) found anything military or hereditary anathema. The Presbyterian Synod of Philadelphia and New York convention was meeting to redefine its Confession, dropping the faith requirement for civil authority to prohibit false worship.[32] Protestant Washington attended a Roman Catholic Mass and dinner.[33] Revolution veteran Jonas Phillips, of the Mikveh Israel Synagogue, petitioned the Convention to avoid an oath for both Old and New Testaments.[34] Merchants of Providence, Rhode Island, petitioned for consideration, even though their Assembly had not sent a delegation. Congregational minister Manasseh Cutler, former Army chaplain from Massachusetts arrived into town from New York, flush with his lobbying victory during the Northwest Ordnance negotiations in the Articles Congress. He carried grants of five million acres to parcel out among The Ohio Company and “speculators”, some of whom would be found among the delegates.[35] Noah Webster staying in Philadelphia, would write a pamphlet as “A Citizen of America” in October, immediately after the Convention. "Leading Principles" was published much earlier, and was more widely circulated than the Federalist Papers, advocating the adoption of the Constitution.[36] |
| 21 Oct 11 UTC | Autumn, 1904: Sessions of the "House" nationalist floor leaders from biggest states most speeches, seconded one another's motions James Madison, Va Cong strategy, comparative study 'Father of the Constitution' James Wilson, Pa Atty, Prof westerly practice, lands ”unsung hero of Convention” Every few days, new delegates arrived, happily noted in Madison’s Journal, but the coming and going meant an “ever-present danger that the Convention might dissolve and the entire project be abandoned.” There were never more than eleven states represented, state delegations absented themselves at votes different times of day. There was no rule for the number of delegates from each state. Daily sessions would have thirty members present.[37] Members came and went on public and personal business. The Articles Congress was meeting at the same times, members would absent themselves to New York City days and weeks at a time. But the work before them was continuous, even if attendance was not. [38] The Convention resolved itself into a “Committee of the Whole”, and could remain so for days. It was informal, votes could be taken and retaken easily, positions could change without prejudice, and importantly, no formal quorum call was required.[39] The nationalists were resolute. As Madison put it, the situation was too serious for despair. [40] They used the same State House as the Declaration signers. The building setback from the street was still dignified, but the “shaky” steeple was gone. The summer was hot, but city hand-pump wells were nearby. Flies were thick and building construction made the street noisy. Breakfast was before sunup. The Hall was still cool at ten, but hot by noon. Delegates sweltered in the closed room for secrecy, sentries kept passers-by from under the windows. After three, Delegates usually adjourned for dinner, or escaped into the green countryside, or along miles of riverside quays for offshore breezes.[41] When they adjourned each day, they lived in nearby lodgings, as guests, roomers or renters. They ate with one another in town and taverns, “often enough in preparation for tomorrow’s meeting.”[42] Delegates reporting to the Convention presented their credentials to the elected Secretary, Major William Jackson of South Carolina. The state legislatures of the day used these occasions to say why they were sending representatives. New York thus publically enjoined its members to pursue all possible “alterations and provisions” for good government and “preservation of the Union”. New Hampshire called for “timely measures to enlarge the powers of Congress”. Virginia stressed the “necessity of extending the revision of the federal system to all its defects”. [43] national plans v. federal plans re-constitution of a republican legislature John Randolph, Va Governor bicameral: people elect both consolidated government William Paterson, NJ Atty Genl unicameral: elected by states states and congress equal Benjamin Franklin, American unicameral: people only elect populations equal Roger Sherman, Ct Senate: states; House: people the 'Great Compromise' On the other hand, Delaware categorically forbade any alteration of the Articles one-state, one-vote, one-vote-only provision in the Articles Congress.[44] The Convention would have a great deal of work to do to reconcile the many expectations. Most delegates wanted to finish their work by fall harvest. In any case, the Pennsylvania Assembly would begin their annual session in the same State House building on September 5 and the East Room there was not for rent.[45] Current knowledge of the drafting and construction of the United States Constitution comes primarily from the Journal left by James Madison, who kept a complete record of the proceedings at the Constitutional Convention.[46] [47] Madison’s Journal can be found chronologically incorporated in “The Records of the Federal Convention of 1787”, edited by Max Farrand, Professor of History in Yale University (1911, 1939) online at the Library of Congress.[48] The source documents are organized by date including the official Convention Journal, later Federalists James Madison (Va), Rufus King (Ma), James McHenry (Md) and later Anti-federalists Robert Yates (NY), William Paterson (NJ). The text corrects errors among revisions to Madison's Journal made in his seventies.[49] The Virginia Plan was the unofficial agenda for the Convention, and was drafted chiefly by James Madison, considered to be "The Father of the Constitution" for his major contributions.[46] It was weighted toward the interests of the larger states, including the following: A bicameral legislature of a House proportioned to population and variable state representation in a Senate[50] An executive chosen by the legislature A judiciary, with life-terms of service and vague powers The national legislature would be able to veto state laws An alternative proposal, William Paterson's New Jersey Plan, contained proposals geared toward smaller states: A unicameral national legislature with each state legislature sending an equal number to represent it An executive branch appointed by the legislature A judicial branch appointed by the executive.[51] |
| 21 Oct 11 UTC | Autumn, 1904: The Great Compromise Roger Sherman (Ct), although something of a political broker in Connecticut, was an unlikely leader in the august company of the Convention.[52] Arriving right behind the nationalist leaders on May 30, Sherman was reported to prefer a “patch up” of the existing Confederacy.[53] Another small state delegate, George Read (De) agreed with the nationalists that state legislatures were a national problem. But rather than see larger states overshadow the small, he’d prefer to see all state boundaries erased. Big-state versus small-state antagonisms hardened early.[54] On June 11, Roger Sherman proposed his first version of the Convention’s “Great Compromise”. It was like the proposal he made in the 1776 Continental Congress. Representation in Congress should be both by states and by population. There, he was voted down by the small states in favor of all states equal, one vote only.[55] Now in 1787 Convention, he wanted to balance all the big-state victories for population apportionment. He proposed that in the second ‘senate’ branch of the legislature, each state should be equal, one vote and no more.[56] Sherman argued that the bicameral British Parliament had a House of Lords equal with the Commons to protect their propertied interests apart from the people. He was voted down, this time by the big states.[57] The motion for equal state representation in a ‘senate’ failed: 6 against, 5 for.[58] "men of original principles" equality of the states George Read, De if not state equality erase state boundaries Luther Martin, Md if not state equality create regional nations Gunning Bedford, De if not state equality, join a foreign power of “good faith” Elbridge Gerry, Ma if not state equality, then a foreign power will conquer us Friday, June 15 Paterson introduced his New Jersey Plan. The “old patriots” of 1776 and the “men of original principles” had organized.[59] Roger Sherman (Ct), a signer of the Declaration of Independence, was with them. John Lansing (NY) observed that the Paterson Plan “sustained the sovereignty of the states”, while that of Mr. Randolph destroyed state sovereignty in a national, consolidated government. William Paterson (NJ) attacked the nationalists. The Convention had no authority to propose anything not sent up from state legislatures, and the states were not likely to adopt anything new. James Wilson (Pa) answered, The Convention could not conclude anything, but it could recommend anything.[60] Lansing (NY) had objected that if the New York legislature knew anything about proposals for consolidated government, it would not have sent anyone. Edmund Randolph (Va) countered, With the salvation of the American republic at stake, it would be treason to withhold any proposal believed necessary for good government and the Union.[61] Three sessions after its introduction, Paterson’s plan was off the table. It failed : 7 against, 3 for, 1 divided.[62] For nearly a month there was no progress; small states were seriously thinking of walking out of the Convention.[63] In a related resolution, the "men of original principles" won a victory on June 25. The ‘senate’ would be chosen by the state legislatures, not the people, passed: 9 for, 2 against. [64] On June 27, the basis of representation for both the ‘house’ and the ‘senate’ re-surfaced. Roger Sherman (Ct) tried a second time to get his idea for a ‘house’ on the basis of population and a ‘senate’ on an equal states basis. The big state delegates beat him again. The 'house' would be chosen directly by the population voting. On the motion for equal state representation in the 'senate', the majority simply adjourned “before a determination was taken in the House.” [65]Martin Luther (Md) insisted that he would rather live under a regional government than submit to a United States under the Randolph Plan.[66] Sherman’s proposal came again two days later for the third time from Oliver Ellsworth (Ct). In the ‘senate’, the states should have equal representation. If this cannot be agreed to, somehow, the union of states would end up separated. Wilson (Pa) countered, the purpose of population apportionment was not to make big states powerful, it was to “tear down a rotten house” of equal state representation.[67] Gunning Bedford (De) spoke hotly, “I do not, gentlemen, trust you.” If the equal-state principle was lost, the small states could confederate with a foreign power showing “more good faith”. Elbridge Gerry (Ma) warned, If the states cannot unite themselves, being conquered by “some foreign sword will probably do the work for us”.[68] On June 29, the Convention adjourned “before a determination was taken in the House.”.[69] On July 2, the Convention for the fourth time considered a ‘senate’ with equal state votes. This time a vote was taken, but it stalled again, tied at 5 yes, 5 no, 1 divided. The Convention elected one delegate from each state onto a Committee to make a proposal; it reported July 5.[70] Nothing changed over five days. July 10, Lansing and Yates (NY) quit the Convention in protest.[71] No direct vote on the basis of ‘senate’ representation was pushed on the floor for another week. But the first new ‘house’ seat apportionment was agreed, balancing big and small, north and south. The big states got a decennial census for 'house' apportionment to reflect their future growth. Northerners had insisted on counting only free citizens for the ‘house’; southern delegations wanted to add property. Benjamin Franklin's compromise was that there would be no “property” provision to add representatives, but states with large slave populations would get a bonus added to their free persons by counting three-fifths other persons.[72] On July 16, Sherman’s “Great Compromise” prevailed on its fifth try. Every state was to have equal numbers in the United States Senate.[73] Washington ruled it passed on the vote 5 yes, 4 no, 1 divided, using precedent established in the Convention earlier.[74] Now some of the big-state delegates talked of walking out, but none did. Debate over the next ten days developed an agreed general outline for the Constitution.[75] Small states readily yielded on many questions. Most remaining delegates, big-state and small, now felt safe enough to chance a new plan.[76] |
| 21 Oct 11 UTC | Autumn, 1904: Slavery in debate Main article: Slavery in the United States The contentious issue of slavery was too controversial to be resolved during the Convention. The issue of slavery, although always an undercurrent during deliberations and side-discussions, was at center stage in the Convention three times, June 7 regarding who would vote for Congress, June 11 in debate over how to proportion relative seating in the ‘house’, and August 22 relating to commerce and the future wealth of the nation. slavery issue in Convention: regulation, not abolition G. Mason, Va abolitionist for national regulation C. Pinkney, SC justified slavery for state regulation Ellsworth, Ct rich parts = rich whole for state regulation Dickenson, De abolitionist, gov in De, Pa national in 20 yrs, maybe Eighteenth Century America had the widest franchise of any nation of the world. But it was a society of its time. Property gave a man “a stake in society, made him responsible, worthy of a voice, and with enough taxable property, eligible for office holding. Many could vote because most property was held as family farms. Though a substantial part of wealthy white America rested on slavery as property, the Convention met, not to reform society, but to create government for society as it existed. In determining who should vote, the property requirements among the states could not be reconciled. Pennsylvania, Delaware and New Hampshire were already for abolishing property requirements. To allow all states their own rules of suffrage, the Constitution was written with no property requirements. Slavery was taken out of that equation after the debate June 7. [77] Once the Convention turned to how to proportion the House representation, tempers among several delegates exploded over slavery again. If the number of seats depended on wealth, Pierce Butler (SC) wanted to include slaves. Elbridge Gerry (Ma) answered that the South could not have it both ways, if slaves were property and to be counted for Congress, then the North could count horses and cows. The attacks turned pointedly personal. B. Franklin (Pa) interrupted with a speech about dividing up Pennsylvania so state populations were more nearly equal. He took some time. No vote was taken, tempers cooled, and the three-fifths non-free population count proposed by J. Wilson (Pa) passed using the Articles Congress “federal ratio”.[78] On August 6, the Committee of Detail reported its revisions to the Randolph Plan. A preamble was drafted. Delegates turned their thoughts to political economy that might best secure the public welfare and general happiness in the long run, for posterity. Again the question of slavery came up, and again it was met with attacks of moral outrage, relative poverty of the whites, and they were answered by appeals to local wealth by local means, and southern delegates inability to carry ratification in their states if slavery were threatened. By August 22, the delegates wove a web of mutual compromises relating to commerce and trade, north and south, port-states and landlocked, slave-holding, and free, relating to navigation laws, import taxes, population counts, national regulation of western territories and trade on the Mississippi. The transfer of power to regulate slave trade from states to central government could happen in 20 years, but only if there were national majorities for it both among the states in the 'senate' and among the people in the 'house', when it came time, then.[79] Later generations could try out their own answers. The delegates were trying to make a government that might last that long.[80] "Hunted Slaves" - In the Revolutionary generation, many freemen aiding slave escape were motivated by kinship ties[81] The Constitution’s Section 9 of Article I allowed the continued “migration” of the free or “importation” of indentures and slaves as the states chose, defining slaves as persons, not property. Article 1, section 2, provided for long-term power to flow to states with increasing population, away from those decreasing. That change would be counted in a census every ten years. Apportionment in the House of Representatives would not be by any wealth as initially allowed in the Randolph Plan. It would be representing people, the count to be made of the free citizens and other persons. [82] To the whole number of men and women, free and indentured, would be added “three-fifths” the number of “other persons”, meaning propertyless slaves and taxed Indian farming families.[83] Article V prohibited any amendments or legislation changing the provision regarding slave importation until 1808, thereby giving the States then existing 20 years to resolve this issue. As the date neared in 1806, President Thomas Jefferson sent a message to the House and Senate congratulating the 9th Congress on their constitutional opportunity to remove U.S. citizens from the transatlantic slave trade which was perpetrating “violations of human rights … on the unoffending inhabitants of Africa”.[84] Signed into law March 3, 1807, The "Act Prohibiting Importation of Slaves" took effect the fist instant the Constitution allowed, January 1, 1808. The United States would join the British Parliament, that year in the first “international humanitarian campaign”.[85] Just as the abolitionist George Mason refused to sign the Constitution, in the ratification conventions of Massachusetts and Virginia, the anti-slavery delegates began as anti-ratification votes. But those opposed to slavery were persuaded that the evils of a broken Union would bring worse consequences than allowing the fate of slavery to be determined gradually over time. [86] Virginia’s Federalist George Nicholas dismissed fears on both sides. Objections to the Constitution were inconsistent, “At the same moment it is opposed for being promotive and destructive of slavery!” [87] But the contradiction was never resolved peaceably, and the failure to do so contributed to the Civil War.[88] |
| 21 Oct 11 UTC | Autumn, 1904: New power allocations Main article: Federalism in the United States The Constitutional Convention created a new, unprecedented form of government by reallocating powers of government. Every previous national authority had been either a centralized government, or a “confederation of sovereign constituent states.” The American power sharing was unique at the time. The sources and changes of power were up to the states. The foundations of government and extent of power came from both national and state sources. But the new government would have a national operation. [89] The Convention sought to govern this territory expanded west to the Mississippi River by Treaty, to compete with European trade to the east, British Empire north, Spanish Empire south and western Amerindian alliances led by Mohawk north and Creek south. To meet their goals of cementing the Union and securing citizen rights, Framers allocated power among executive, senate, house and judiciary of the central government. But each and every state government in their variety continued exercising powers in their own sphere.[90] The Convention did not start with national powers from scratch, it began with the powers already vested in the Articles Congress with control of the military, international relations and commerce.[91] The Constitution added ten more. Five were minor relative to power sharing, including business and manufacturing protections.[92] One important new power authorized Congress to protect states from the “domestic violence” of riot and civil disorder, but it was conditioned by a state request. [93] Taxation substantially increased the power of Congress relative to the states. It was limited by restrictions, forbidding taxes on exports, per capita taxes, requiring import duties to be uniform and that taxes be applied to paying U.S. debt. But the states were stripped of their ability to levy taxes on imports, which was at the time, “by far the most bountiful source of tax revenues”. And Congress had no further restrictions relating to political economy. It could institute protective tariffs, for instance. Congress overshadowed state power regulating interstate commerce; the United States would be the “largest area of free trade in the world.” [94] The Constitution increased Congressional power to organize, arm and discipline the state militias, to use them to enforce the laws of Congress, suppress rebellions within the states and repel invasions. But the Second Amendment would ensure that Congressional power could not be used to disarm state militias.[95] The most undefined grant of power was the power to “make laws which shall be necessary and proper for carrying into execution” the Constitution’s enumerated powers.[96] Besides expanding Congressional power, the Constitution limited states and central government. Six limits on the national government addressed property rights such as slavery and taxes.[97] Six protected liberty such as prohibiting ex post facto laws and no religious tests for national offices in any state, even if they had them for state offices.[98] Five were principles of a republic, as in legislative appropriation.[99] These restrictions lacked systematic organization, but all constitutional prohibitions were practices that the British Parliament had “legitimately taken in the absence of a specific denial of the authority.” [100] The regulation of state power presented a “qualitatively different” undertaking. In the state constitutions, the people did not enumerate powers. They gave their representatives every right and authority not explicitly reserved to themselves. The Constitution extended the limits that the states had previously imposed upon themselves under the Articles of Confederation, forbidding taxes on imports and disallowing treaties among themselves, for example.[101] [102] The new Congress had more powers over states than the Articles, the Supreme Court could overturn state legislation on appeal. In light of recent repeated state abuses, the Constitution prohibited state ex post facto laws and bills of attainder to protect United States citizen property rights. Congressional power of the purse was protected by forbidding taxes or restraint on interstate commerce and foreign trade. States could make no law “impairing the obligation of contracts.”[103] To check future state abuses the framers searched for a way to review and veto state laws harming the national welfare or citizen rights. They rejected proposals for Congressional veto of state laws and gave the Supreme Court appellate case jurisdiction over state law because the Constitution is the supreme law of the land.[104] The United States had such a geographical extent that it could only be safely governed using a combination of republics. As of ratification, sovereignty was no longer to be theoretically indivisible. With a wide variety of specific powers among different branches of national governments and thirteen republican state governments, now "each of the portions of powers delegated to the one or to the other … is … sovereign with regard to its proper objects".[105] There were some powers that remained beyond the reach of both national powers and state powers,[106] so the logical seat of American “sovereignty” belonged directly with the people-voters of each state.[107] Adam Smith’s Theory of Moral Sentiments (1759) characterized two kinds of leaders in times of “civil discontent and civil disorder”. One is infected with a "spirit of system", a plan that will relieve current unrest. The plan is held out as an elixir to prevent social ills from ever happening again. He does not need to consider existing interests or widespread prejudices. He has the mojo to arrange each individual and each group as pieces on a chess board. The second kind of leader acts with moderation, respecting established powers, considering individuals, accommodating the habits and society found in the state. Both kinds were found in the Convention, but the moderates won the votes. The Constitution reflects the pluralism which is the genius of the American people.[108] |
| 21 Oct 11 UTC | Autumn, 1904: Ratification and inauguration Rufus King, Massachusetts For ratifying Constitution, influenced Va & NY results Luther Martin, Maryland "Anti" in Articles Congress, lost “Amend Articles" vote Patrick Henry, Virginia "Anti" like those in Ma, NY, SC, lost "Amend before" vote James Madison, Virginia pushed "Amendments after", the Bill of Rights Ratification of the Constitution Date State Votes Yes No 1 December 7, 1787 Delaware 30 0 2 December 11, 1787 Pennsylvania 46 23 3 December 18, 1787 New Jersey 38 0 4 January 2, 1788 Georgia 26 0 5 January 9, 1788 Connecticut 128 40 6 February 6, 1788 Massachusetts 187 168 7 April 26, 1788 Maryland 63 11 8 May 23, 1788 South Carolina 149 73 9 June 21, 1788 New Hampshire 57 47 10 June 25, 1788 Virginia 89 79 11 July 26, 1788 New York 30 27 12 November 21, 1789 North Carolina 194 77 13 May 29, 1790 Rhode Island 34 32 On September 17, 1787, the Constitution was completed, followed by a speech given by Benjamin Franklin. Franklin urged unanimity, although the Convention had decided that only nine states were needed to ratify. The Convention submitted the Constitution to the Congress of the Confederation.[50] Massachusetts’s Rufus King assessed the Convention as a creature of the states, independent of the Articles Congress, submitting its proposal to Congress only to satisfy forms. Though amendments were debated, they were all defeated. On September 28, 1787, the Articles Congress resolved “unanimously” to transmit the Constitution to state legislatures for submitting to a ratification convention according to the Constitutional procedure.[109] Several states enlarged the numbers qualified just for electing ratification delegates. In doing so, they went beyond the Constitution's provision for the most voters for the state legislature to make a new social contract among, more nearly than ever before, "We, the people".[110] Following Massachusetts's lead, the Federalist minorities in both Virginia and New York were able to obtain ratification in convention by linking ratification to recommended amendments.[111] A minority of the Constitution’s critics continued to oppose the Constitution. Maryland’s Luther Martin argued that the federal convention had exceeded its authority; he still called for amending the Articles.[112] Article 13 of the Articles of Confederation stated that the union created under the Articles was "perpetual" and that any alteration must be "agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State".[113] However, the unanimous requirement under the Articles made all attempts at reform impossible. Martin’s allies such as New York’s John Lansing, Jr., dropped moves to obstruct the Convention's process. They began to take exception to the Constitution “as it was”, seeking amendments. Several conventions saw supporters for "amendments before" shift to a position of "amendments after" for the sake of staying in the Union. New York Anti’s “circular letter” was sent to each state legislature proposing a second constitutional convention for "amendments before". It failed in the state legislatures. Ultimately only North Carolina and Rhode Island would wait for amendments from Congress before ratifying.[111] Article VII of the proposed constitution stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect for the participating states.[1] After a year had passed in state-by-state ratification battles, on September 13, 1788, the Articles Congress certified that the new Constitution had been ratified. The new government would be inaugurated with eleven of the thirteen. The Articles Congress directed the new government to begin in New York City on the first Wednesday in March, [114] and on March 4, 1789, the government duly began operations. George Washington had earlier been reluctant to go the Convention for fear the states “with their darling sovereignties” could not be overcome.[115] But he was elected the Constitution's President unanimously, including the vote of Virginia’s presidential elector, the Anti-federalist Patrick Henry.[116] The new Congress was a triumph for the Federalists. The Senate of eleven states would be 20 Federalists to two Virginia (Henry) Anti-federalists. The House would seat 48 Federalists to 11 Antis from only four states: Massachusetts, New York, Virginia and South Carolina.[117] Antis' fears of personal oppression by Congress were allayed by Amendments passed under the floor leadership of James Madison in the first session of the first Congress. These first ten Amendments became known as the Bill of Rights. [118] Objections to a potentially remote federal judiciary were reconciled with 13 federal courts (11 states, Maine and Kentucky), and three Federal riding circuits out of the Supreme Court: Eastern, Middle and South.[119] Suspicion of a powerful federal executive was answered by Washington’s cabinet appointments of once-Anti-Federalists Edmund Jennings Randolph as Attorney General and Thomas Jefferson as Secretary of State.[120][121] What Constitutional historian Pauline Maier calls a national “dialogue between power and liberty” had begun anew. [122] |
| 21 Oct 11 UTC | Autumn, 1904: 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. ” —United States Constitution, Preamble National government Article One: Legislature United States This article is part of the series: Politics and government of the United States Federal government[show] Legislature[show] Presidency[show] Judiciary[show] Elections[show] Political parties[show] Federalism[show] Other countries · Atlas U.S. Government Portal view · talk · edit Main article: Article One of the United States Constitution See also: wikisource:Constitution of the United States of America#Article I Article One describes the Congress, the legislative branch of the federal government. The United States Congress is a bicameral body consisting of two co-equal houses: the House of Representatives and the Senate. The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 1, reads, "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." This provision gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress. Article I Section 8 enumerates the legislative powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch: The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Article I Section 9 provides a list of eight specific limits on congressional power and Article I Section 10 limits the rights of the states. The United States Supreme Court has interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly listed in the enumerated power nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the United States Supreme Court fell back on the strict construction of the necessary and proper clause to read that Congress had "[t]he foregoing powers and all other powers..." Article Two: Executive Main article: Article Two of the United States Constitution See also: wikisource:Constitution of the United States of America#Article II Section analysis Section 1 creates the presidency. The section states that the executive power is vested in a President. The presidential term is four years and the Vice President serves the identical term. This section originally set the method of electing the President and Vice President, but this method has been superseded by the Twelfth Amendment. Qualifications. The President must be a natural born citizen of the United States, at least 35 years old and a resident of the United States for at least 14 years. An obsolete part of this clause provides that instead of being a natural born citizen, a person may be a citizen at the time of the adoption of the Constitution. The reason for this clause was to extend eligibility to Citizens of the United States at the time of the adoption of the Constitution, regardless of their place of birth, who were born under the allegiance of a foreign sovereign before the founding of the United States. Without this clause, no one would have been eligible to be president until thirty-five years after the founding of the United States. Succession. Section 1 specifies that the Vice President succeeds to the presidency if the President is removed, unable to discharge the powers and duties of office, dies while in office, or resigns. The original text ("the same shall devolve") left it unclear whether this succession was intended to be on an acting basis (merely taking on the powers of the office) or permanent (assuming the Presidency itself). After the death of William Henry Harrison, John Tyler set the precedent that the succession was permanent; this practice was followed when later presidents died in office. Today the 25th Amendment states that the Vice President becomes President upon the death or disability of the President. Pay. The President receives "Compensation" for being the president, and this compensation may not be increased or decreased during the president's term in office. The president may not receive other compensation from either the United States or any of the individual states. Oath of office. The final clause creates the presidential oath to preserve, protect, and defend the Constitution. Section 2 grants substantive powers to the president: The president is the Commander in Chief of the United States Armed Forces, and of the state militias when these are called into federal service. The president may require opinions of the principal officers of the federal government. The president may grant reprieves and pardons, except in cases of impeachment (i.e., the president cannot pardon himself or herself to escape impeachment by Congress). Section 2 grants and limits the president's appointment powers: The president may make treaties, with the advice and consent of the Senate, provided two-thirds of the senators who are present agree. With the advice and consent of the Senate, the President may appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not otherwise described in the Constitution. Congress may give the power to appoint lower officers to the President alone, to the courts, or to the heads of departments. The president may make any of these appointments during a congressional recess. Such a "recess appointment" expires at the end of the next session of Congress. Section 3 opens by describing the president's relations with Congress: The president reports on the state of the union. The president may convene either house, or both houses, of Congress. When the two houses of Congress cannot agree on the time of adjournment, the president may adjourn them to some future date. Section 3 adds: The president receives ambassadors. The president sees that the laws are faithfully executed. The president commissions all the offices of the federal government. Section 4 provides for removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article Three: Judiciary Main article: Article Three of the United States Constitution See also: wikisource:Constitution of the United States of America#Article III Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also creates the right to trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it. This Article also sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the Supreme Court are by appeal under such regulations as the Congress shall make. Federal relationships Article Four: The States Main article: Article Four of the United States Constitution See also: wikisource:Constitution of the United States of America#Article IV Article Four outlines the relation between the states and the relation between the federal government. In addition, it provides for such matters as admitting new states as well as border changes between the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records, or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Michigan). It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous and costly process. Article Four also provides for the creation and admission of new states. The Territorial Clause gives Congress the power to make rules for disposing of federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect the states from invasion and violence. Article Five: Amendments Main article: Article Five of the United States Constitution See also: wikisource:Constitution of the United States of America#Article V An amendment may be ratified in three ways: The new amendment may be approved by two-thirds of both houses of Congress, then sent to the states for approval. Two-thirds of the state legislatures may apply to Congress for a constitutional convention to consider amendments, which are then sent to the states for approval. Congress may require ratification by special convention. The convention method has been used only once, to approve the 21st Amendment (repealing prohibition, 1933). Regardless of the method of proposing an amendment, final ratification requires approval by three-fourths of the states. Today Article Five places only one limit on the amending power: no amendment may deprive a state of equal representation in the Senate without that state's consent. The original Article V included other limits on the amending power regarding slavery and taxation; however, these limits expired in 1808. Article Six: Central government Main article: Article Six of the United States Constitution See also: wikisource:Constitution of the United States of America#Article VI Article Six establishes the Constitution, and the laws and treaties of the United States made according to it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state. Article Six also states "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." Article Seven: Ratification Main article: Article Seven of the United States Constitution See also: wikisource:Constitution of the United States of America#Article VII Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose, and it would only apply to those states that ratified it.[23] (See above Drafting and ratification requirements.) |
| 21 Oct 11 UTC | Autumn, 1904: wtf? |
| 24 Oct 11 UTC | Spring, 1905: Last season I typed my proposals here by mistake :) see the top |
| 25 Oct 11 UTC | Spring, 1905: Oh, well. This is what I wanted when my sick mind proposed a EAvGT, a REALLY messed up map! Hard tactics. Guys, do you like it? |
| 25 Oct 11 UTC | Spring, 1905: It is fun |
| 25 Oct 11 UTC | Spring, 1905: yes it is. |
| 28 Oct 11 UTC | Spring, 1906: Guys...misunderstanding? What's going on? |
| 28 Oct 11 UTC | Spring, 1906: Gt stabbed by an ally! |
| 28 Oct 11 UTC | Spring, 1906: Well, that's certainly interesting! |
| 28 Oct 11 UTC | Spring, 1906: LOL, kaug what you say? |
| 28 Oct 11 UTC | Spring, 1906: miscommunication, I told him to take care of the north I would defend the south |
| 28 Oct 11 UTC | Spring, 1906: this game has been full of miscommunication and misorders from the start, never looked like a team game |
