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.

Signing with Autopen: Quick Thoughts

Today the President signed an extension on the Patriot Act using a device called autopen (the merits of the Patriot act are not of concern here, only the circumstances of its signing). The reason for this is, the President was in Europe at the time the bill was approved by Congress and ready for a the Presidents signature. According to Article I Section 7 regarding the passage of bills into Law it states:

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

Article I Section 7 also states:

If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

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: June 2, 1787 Day 7; Selecting and term of the Executive.

On June 1, 1787 the Convention debated the Executive, what will become the President, as part of the 7th resolution of the Virginia Plan. The Convention settled very little, whether the Executive would be a single person or a plural executive of three was still open as was the method of selection. Basic powers in law enforcement was agreed to as was a seven year term. June 2nd would continue the debate of the executive into some finer details, these finer details will eventually help resolve the issue from the first in a singular or plural executive and mode of selection.

James Madison notes three new delegates to the Convention this day, eleven states remain represented (New Hampshire and Rhode Island are not). James McHenry (Maryland) has left the Convention due to his brothers grave illness. He will not return until August 4, 1787.

• Connecticut; William Samuel Johnson
• Maryland; Daniel of St. Thomas Jennifer
• New York; John Lansing jr.

The day starts out with the Convention in the Committee of the Whole, where it was moved and seconded by Edmund Randolph (Virginia) to postpone discussion of the executive in order to take up the Second Branch of the Legislature. This motion was defeated 7-3. Yea-3 (NY, PA, MD), Nay-7 (MA, CT, DE, VA, NC, SC, GA). Discussion of the Executive resumes, with the method of appointment by the National Legislature carrying from June 1, 1787.

Convention of 1787: June 1, 1787 Day 6; The Executive

Since Edmund Randolph proposed the Virginia Plan and Charles Pinckney proposed his Pinckney Plan, on May 29, 1787,  the Constitution Convention discussions have been on the Legislature alone. Today the Convention will shift its focus to the Executive Branch, the 7th resolution of he Virginia Plan, and as has been already observed with the Legislature, reaching a consensus on most anything will be a difficult process. This will start with, should the Executive Branch consist of a single chief executive, or a plural executive of multiple persons.

James Madison in his notes observes that William Houston of Georgia has arrived and taken his seat in the Convention. Still only Eleven States are represented in the Convention to this point. New Hampshire who will not have delegates arrive for several weeks, and Rhode Island who declined sending any delegates at all, being absent from the Convention.

The Convention resumes in the Committee of the Whole, and takes up the 7th Resolution from the Virginia Plan.

that a national executive be instituted; to be chosen by the national legislature for the term of—; to receive punctually, at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the magistracy existing at the time of increase or diminution; and to be ineligible a second time; and that, besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation.