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.

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 30, 1787 Day 4; Three Branches, and Supreme Power

With the Virginia Plan and the Pinckney Plan having been proposed the day before on May 29, 1787, May 30th would mark when real work of the Convention begins. Though two proposals had been submitted the day prior, it would be the Virginia Plan that would end up setting most of the debate for the foreseeable future. The Convention would go into a Committee of the Whole to begin the day, and elected Nathaniel Gorham (Massachusetts)as the Chair. The Committee of the Whole is a committee of the entire Convention with fewer rules, and a smaller quorum,, this allows for open debate and proposing and voting on amendments to proposals,  before the Convention proper votes of the final version of the proposal, and is method of conducting business still seen today in the House of Representatives³.

James Madison (Virginia) notes Roger Sherman of Connecticut takes his seat.

Three Branches of Government, and Confederacy vs. Supreme Power

The 15 propositions proposed by Edmund Randolph the day prior have been referred to the Committee to be taken up. Randolph moved and Gouverneur Morris  (Pennsylvania) seconded, that the first Resolution of the Virginia Plan “Resolved that the Articles of Confederation ought to be so corrected & enlarged, as to accomplish the objects proposed by their institution; namely, common defence, security of liberty & general welfare”, should be postponed to consider the following three proposals.

1. That a Union of the States merely federal will not accomplish the objects proposed by the articles of Confederation, namely common defence, security of liberty, and general welfare.
2. That no treaty or treaties among the whole or part of the States, as individual Sovereignties, would be sufficient.
3. That a national Government ought to be established consisting of a supreme Legislative, Executive & Judiciary.