What is the Constitution? What does it do and what does it not do?

The United States Constitution is a basic framework of government, primarily at the national level but also with requirements or prohibitions at the state level.

The initial premise of the Constitution is that of defining and limiting Federal Government power, that is to say if an act does not fall within the limits of the Constitution, the Federal Government does not possess that power. This is reaffirmed by the Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Tenth Amendment in clear and conscience terms layout the Constitution is a limiting document, the power not specifically granted to it are reserved to the two powers who created the Constitution, the States (who created it in the Convention of 1787) and the People (who ratified it causing it to go into effect on March 4, 1789).

 

The focus here will be on the Constitution as it was in 1788 chiefly. Amendments will be cited when it has changed aspects of the text or provisions of the Constitution and how it has changed those provisions, but the Amendments themselves are not a focus topic in this article.

Convention of 1787: June 4, 1787 Day 8; One Executive, Council of Revision and the Veto

 

After a Sunday of, following debate on the Executive on June 2, 1787, the Convention resumes its debates with the Executive on June 4, 1787. June 2, resolved very little on the Executive, and little of what was agreed to will actually remain through the final draft, mainly the ability to impeach the President, while a seven year term would eventually be changed.

Singular or Plural Executive Decided

Charles Pinckney (South Carolina) resumes discussion on whether the Executive should be singular or plural, by moving,

“Shall the Blank for the Number of the Executive be filled with a single person”.

This motion is seconded by James Wilson (Pennsylvania) and noted it was opposed by Edmund Randolph (Virginia), since no arguments to this point in the convention had convinced him a singular was best. James Wilson observed the objections were not leveled so much at the measure itself, as much as at its unpopularity. On examination he could see no evidence of the apathy of the people, on the contrary was persuaded it did not exist. All know a single magistrate is not a king. One fact had great weight; ALL Thirteen States had a single magistrate. The idea of three heads has taken place in none, and Wilson saw tranquility in one head which would not be obnoxious to the people, they were used to the single executive. Three may divide, two may not agree resulting in Anarchy and confusion¹, and he foresaw uncontrolled and continued and violent animosities, which would interrupt the Administration, but diffuse their poison through the other branches of Government, through the States and the People. Roger Sherman (Connecticut) felt the matter is of great importance and ought be well considered be determined. He noted a single magistrate in each state. He also noted each State Magistrate had a council and favored one.

Constitution Convention Notes: June 4, 1787

This is the Notes of the Convention of 1787 (The Federal Convention) for June 4, 1787. The notes included are those that specifically address this day, and do not include notes of others who may address the topics of the day. You can download and read those, and the entire collection of Notes recorded at the Constitution Convention in the Links and Downloads section. These contain the entire series of Notes on the Convention from James Madison, Rufus Kings, James McHenry, William Pierce, William Patterson, Alexander Hamilton and Robert Yates, in addition with the Journal from the Convention can be read by following this link, Federal Journal of the Convention of 1787.

Convention of 1787: May 31, 1787 Day 5; The People will vote, and selecting the Senate.

With the Convention having decided on a Three Branch System of Government with Supreme power on May 30, 1787, attention was now turned toward the Legislature. The last order of business from the previous day was to postpone a motion by Edmund Randolph (Virginia) on proportional suffrage in the Legislature. The vote was postponed and referred to committee mainly due to the restriction placed upon the State of Delaware Delegation by its Legislature that the equal suffrage of the States shall not be modified (May 25, 1787). The fear being, that passing a resolution of proportional suffrage may cause the Delaware Delegation to leave the Convention entirely.

May 31st opens with a Eleventh State now represented, and taking its seat in the Convention.

• Georgia – William Pierce

At this point now, only  New Hampshire and Rhode Island are not represented in the Convention, and Rhode Island has already decided against sending delegates at all. Also of note is in the Congress Assembled, two delegates from a state must be present for the vote of the State to be tallied, the Convention is willing to move forward with only one delegate to vote for the State they represent.