The governing body of the American democracy is the Congress. It comprises the Senate and the House of Representatives. It is located in the Capitol Hill, showed in the picture above.
Many researchers derive democracy from ancient Greece. How could we compare ancient Greece and modern America? Ancient Greeks actually developed a proto-democracy: they happened to have kings and queens, depended heavily on military leaders and bequeathed elitism. America is a democracy. There have been no kings or queens of the USA. The head of the state is the President. The President resides in the White House.
Both the Congress and the White House are in Washington D.C. that is, the city named Washington in the District of Columbia. Washington D.C. is the capital of the USA.
District Columbia is on the American East Coast.
The state of Washington is on the West Coast.
We can get maps of the USA at the National Atlas website, NationalAtlas.gov.
We usually tell the name of our location along with the name of the state, if we give our address in America.
Washington state got its name after George Washington, the first American president. The state is the only American state named after a president.
There are many places named Washington in America. George Washington remains a very prominent figure. He fought for American freedom in the Revolutionary War against England. He was President in years 1789-1797, after the War.
The American Revolutionary War had its written formulation
in the Declaration of Independence.
The Revolutionary victory brought another historic formulation,
the American Constitution.
American government was built “from scratch” by the Founding Fathers. Some, as Thomas Jefferson, described their perspectives on the State. Elective monarchy patterns as of Poland, for example, did not win ground. Poland was a chronically fallen country. The monarch was a lifetime position, and commoners hardly had civil rights. Hereditary monarchy forms as of England obviously did not offer any better security for the freedom of the people.
The constitutional reallocation of powers created a new form of government, unprecedented under the sun. Every previous national authority either had been centralized or else had been a confederation of sovereign states. The new American system was neither one nor the other; it was a mixture of both.
The “new form of government” is democracy,
only by far more advanced than Greek prototypes.
Without a piece of thought about language form, we could not learn any language. Let us think what language form is. Different languages have different ways to name objects of thought. For example, we can say a dog in English. In German, we can say ein Hund. In French, we can say un chien. In Greek, we could say σκυλος. In Russian, we could say собака.
All these words have different forms, but they refer to or indicate the same object that we name a dog in English.We may use word forms in more than one sense. In the picture above, we can see Jemma’s dog. We would not have Buddie for a hot dog (!)
A cat in English can be eine Katze in German. It can be un chat in French. A cat can be γάτα or γάτος in Greek. It can be кот in Russian.
A chat can be a conversation, in English. A gat can be a channel or passage. Kot can be a Yeniseian language. Language forms happen to differ. Language forms also happen to be very similar. We always need to know the language and the context, to see what the language form denotes: a picture of a cat is not a cat.
Language form is always a word form. In language psychology, we have “body language” for a figure of speech. There is no language without syntax. Our bodies could not work for syntax (!)
We can use virtual words, to work on language form. Invented or virtual words are closest to non-existent words. They have word shapes, but they have no meaning. They can help exercise syntax. Children invent words spontaneously, to practice language.
We can use a color code, to make reading and learning easier. We use colors when the words are of focus. Let us begin with verbs. We color auxiliary verbs green and head verbs mauve.
Some verb forms can work as head verbs as well as auxiliaries. Our head verbs can head verb phrases. They tell the activity or faculty. Auxiliaries always require another verb. They help tell the language pattern, for example Simple, Progressive, or Perfect (see Subchapter 3.1.)
We could say,
I am a learner;
We also could say,
I have a grammar book;
I havelearned grammar.
To avoid confusion, we can use invented words. Virtual words can be fun. Kids use them regularly, following own natural intuitions to make language patterns easier to work out. We can use the trick when we are older, too.
In our exercises, we usually begin with virtual word practice, and only then we work on real words: we focus on meaning better, when language structure is not a problem.
We can try a virtual form “bimo” for an invented verb. We use “bimo” with the forms and in the places for head verbs. This can help us focus on syntax.
We can have two invented verbs, bimo and thimo, as well as two invented nouns, phimo and reemo.Our virtual verbs are gillyflower. Our invented nouns can be carrot.The colors are much less likely to occur in print, even color print, and invented words are just to help exercise. They are not to replace language.
I have a phimo.
Virtual words can help learn speech sounds.
The words have the sounds [f], [b], [th], and [r] in the same position. The sounds may be difficult to learners, just as telling [I] from [I:], for example in “thimo” and “reemo”.
Kids might say things as “phimo bimoes reemo” not only for fun, but also for real language exercise. Virtual words allow practice at the level of form solely. This means we work as in school, only with shortcuts.
In our language journey, pronouns and nouns are ink blue. Highlights and mapping extents are blue. We avoid color red, for the prevalent and adverse associations with prescriptive opinion on error.
Exercise 4. Let us try some travel in our minds. We can use exercises 1 – 3. Let us take our short mind journey in stages. We all have own inner language, the language of our thought.
A. First, let us think how long we could stay without thinking. We may happen to hear or even say that someone is not thinking. This is yet only a saying, something nobody can mean literally. In reality, nobody can “stop” his or her mind, even for a minute.
B. Let us fix our visual focus on a single thing — a teacup, a pencil, the apple in the image above? Let us try to think about our object only and not anything else. We can use a wristwatch to see how long we cope.
C. Let us close our eyes and try not to think absolutely anything. The watch will tell us if we really can do this.
D. Let us think in what language we think and how we think. Do we think in entire words? Could our thoughts be only pictures?
E. Let us go back to exercise 1. We can say out our answers to exercise 1. Whether multilingual or monolingual, we think in English words. We visualize spellings, that is, we imagine we write the words. We do the same for exercise 2. If we have done the exercises already, we do not look up the answers.
F. We read exercises 1 and 2 again, and try to “see” and “say” our answers in our thoughts strictly. Then, we write the answers on a spare piece of paper. We do exercise 3 as well. We do not even whisper (!)
In the beginning, we might feel it is really an effort to “discipline” ourselves and consciously direct own thinking. It is essential that we try. “Saying” or “writing” in our thoughts before spoken or written activity can make our language habits much stronger.
We humans naturally have inner language. For example, silent reading is faster than reading out. This is inner language to facilitate the process. It is not entire words or even speech sounds. It has only traceaspects of written or spoken language.
Inner language is the highly advanced way for our human brains to correlate language knowledge and skills. We do not know a language really, if it does not belong with our inner ability. Importantly, we can exercise to augment our inner intellectual powers.
The United States federal authorities have used the Great Seal to authenticate documents since 1782. Please mind that the Seal pertains with the authorities. We can use images of it for explanatory purposes only, which is the objective here.
The obverse of the Seal is the national coat of arms of the United States. The Seal shows the bald eagle holding 13 arrows in its left talon and an olive branch with 13 leaves and 13 olives in its right talon.
The arrows symbolize the American preparedness for war. The olive branch indicates want of peace. The eagle turns its head to the olive branch, expressing the American propensity for peace.
Number 13 as well as the motto, E pluribus unum, “Out of Many, One”, refer to the 13 states to have formed the original Union.
The reverse of the Great Seal shows an unfinished pyramid with an eye, and two Latin inscriptions. The pyramid has 13 layers and the date MDCCLXXVI (1776) in Roman notation.
The eye has been a symbol for mindfulness and forethought, worldwide. To some, a pyramid could denote might and endurance, we yet may associate pyramids with totalitarian ancient Egyptians. The author of the design wrote the pyramid was to signify might and endurance. The Founders did not intend the State for wielding absolute power, and the pyramid in the Seal is purposed to remain unfinished:
“No man was a warmer wisher for reconciliation than myself, before the fatal nineteenth of April 1775, but the moment the event of that day was made known, I rejected the hardened, sullen tempered Pharaoh of England for ever; and disdain the wretch, that with the pretended title of FATHER OF HIS PEOPLE, can unfeelingly hear of their slaughter, and composedly sleep with their blood upon his soul,”
Charles Thomson, the secretary of the Continental Congress, designed the Seal and formed the mottos. He never provided a translation of the Latin phrases. An expert at Latin, he wrote he meant for the phrases to “signify the New American Æra” which commenced in 1776. The word “to signify” has close synonyms in words as “to connote”, “to be of association”.
Interestingly enough, the Seal could make a rhyme the citizens generally might identify with, and also a child might remember.
Out of many, one E pluribus unum
With favor to the endeavor, Annuit coeptis
A new people come. Novus ordo seclorum
Thomas Paine did associate the word order with people. We can read about monarchy:
“And he who can so calmly hear, and digest such doctrine, hath forfeited his claim to rationality–an apostate from the order of manhood; and ought to be considered–as one, who hath, not only given up the proper dignity of a man, but sunk himself beneath the rank of animals, and contemptibly crawls through the world like a worm.”
Criticizing supporters of reconciliation, he wrote:
“But do such men seriously consider, how difficult the task is, and how dangerous it may prove, should the Continent divide thereon. Do they take within their view, all the various orders of men whose situation and circumstances, as well as their own, are to be considered therein.”
Also interestingly, both Thomas Paine and Charles Thomson use the spelling character æ.
We can compare Latin uses by Cicero, in his Philippics. Linguistically, such a manner of learning can be called a study from the usus.
“Accuse the senate; accuse the equestrian body, which at that time was united with the senate; accuse every order or society, and all the citizens; (…) at all events you would never have continued in this order, or rather in this city; (…) when I have been pronounced by this order to be the savior of my country; (…) when you, one single young man, forbade the whole order to pass decrees concerning the safety of the republic …”
In every context, trying to picture the word ordo/order, we would think about people.
Would the motto author include also young citizens into his perspective? We can recur to Thomas Paine:
“To the evil of monarchy we have added that of hereditary succession; and as the first is a degradation and lessening of ourselves, so the second, claimed as a matter of right, is an insult and an imposition on posterity.”
“As parents, we can have no joy, knowing that this government is not sufficiently lasting to ensure any thing which we may bequeath to posterity: And by a plain method of argument, as we are running the next generation into debt, we ought to do the work of it, otherwise we use them meanly and pitifully.”
For the form seclorum, we can compare the Latin secludere as to stand apart, and seclusus as separate. The form seclorum would be the plural genitive of seclum, which we can comprehend as “people who are separate”. With the Latin ordo as a group, arrangement, or class, we can have the Novus Ordo Seclorum for “A new people come”, that is, a new formation by people to have separated from others, to stand apart, as a nation, for example. Literal, word-for-word translation happens to be clumsy, also for ancient Latin (new form/order of/by the separate/separated?) However, we have the form “How come?” in English that renders the verb-adjective interplay.
“WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature’s God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the Causes which impel them to the Separation”, says the Declaration of Independence.
Obviously, the Seal would not be just a seal of assent. The supported endeavor would be democracy.
It is reasonable to think the Seal does not invoke supernatural powers, and it does not have masonic reference, as implied by conspiracy theories. The text is a formation by Charles Thomson, and the imagery corresponds with symbols as known through civilization and experience.
The Seal of the United States President derives directly from the obverse of the Great Seal. One-dollar bills have showed the Great Seal since 1935.
The use of arrow symbols in this grammar course does not correspond with the arrows of the Seal. It is to regard human orientative strategies and has no reference to weapons.
USA national flag has thirteen stripes of red alternating with white. In the Flag, the red is at the top and the bottom. In insignia, the white is on the left and right. The union is a blue rectangle with 50 white, five-pointed stars, one for each American state. The 13 stripes represent the 13 original states of the early Union.
The Flag has changed since the early times. The Betsy Ross and the 13 Star are historic American flags. Alternative names for the American flag may be the Stars and Stripes, the Old Glory, and the Red, White, and Blue. The Star Spangled Banner also is the name of the American national anthem, too.
The 13 Star
There is a code of conduct concerning the Flag. The Federal Flag Code is not descriptive of all situations and does not impose penalties for misconduct. Violating the guidelines may offend, however.
The guidelines state to display the Flag from sunrise to sunset, when in the open. 24-hour display should involve proper illumination of the Flag from dusk to dawn. We should not modify the Flag, regardless of the form of presentation. Whether in fabric, print, or another material, the Flag should have the stars and the stripes as in the design presented on the top of this page.
Please refer to the Flag Code for details on flag positioning. For example, we place the Stars on the Flag’s right, when we display it horizontally or vertically. With other flags, the US flag should be on its own right side or in center front. On the same halyard, the American flag takes the superior position, except when with flags of other countries.
Granting a superior or privileged position to any flag of any country in a time of peace violates international regulations.
The United States Code explains on Flag dignity. The Flag should not be showed with disrespect. It should not be dipped to any person or thing. Regimental colors, state flags, and organization or institution flags are to be dipped as a mark of honor. We should use an all-weather flag, when the weather is inclement.
We should not embroider the Flag on articles as cushions or handkerchiefs, print or otherwise impress it on paper napkins or boxes or anything designed for temporary use and discard. The code advises not to use the Flag for apparel. However, we might “get away” with flag pattern hats, tops, and scarves, especially on American holidays.
The flag should not be used as a receptacle for receiving, holding, carrying, or delivering anything. The flag should not touch anything beneath it, such as the ground, the floor, water, or merchandise. The flag should not be carried flat or horizontally. It should be aloft and free.
The Code encourages wearing Flag patches or pins on the left side of uniforms of military personnel, firefighters, police officers, and members of patriotic organizations. The left side is that recognized for the side of the heart.
There have been disputes in America over freedom of speech and Flag burning. Could burning the Flag, as it happens in times of protests and unrest, be a form of speech?
In the psycholinguistic perspective, flag burning is a non-linguistic behavior. American legislation allows individual lawsuit in some cases of willful and malicious destruction.
The Flag Code makes one exception. When the Flag is in such condition that it is no longer a fitting emblem for display, it should be destroyed in a dignified way, and this can be by burning. Naturally, we have to be careful with fire.
Saluting the Flag
Title four of the United States Code counsels on the behavior proper to salute the Flag.
During the ceremony of hoisting or lowering the Flag or when the Flag is passing in a parade or in review, all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the Flag and stand at attention with the right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the Flag in a moving column should be rendered at the moment the Flag passes.
On occasions to salute the Flag, it could be best to agree on behavior with the American party to be present.
If Flag regulations seem complicated, let us think people have risked own lives, fighting for own freedom and the Flag. The American anthem tells this. Freedom and human rights are indispensable for intellectual and economic progress (see the context of the Gettysburg Address).
Respect for the American flag means respect for own gray matter, especially if we learn American English.
Flying the Flag
American legislation mandates flying the Flag day and night in a few locations, to pay tribute in historic American sites. The national tradition holds the Flag half-staff until noon, on the Memorial Day.
Fort McHenry National Monument, Baltimore, Maryland;
Flag House Square, Baltimore, Maryland;
The United States Marine Corps Iwo Jima Memorial, Arlington, Virginia;
The White House;
The Washington Monument;
United States Customs ports of entry;
Valley Forge State Park, Pennsylvania.
Many locations fly the Flag 24 hours without specific legal resolves.
One of such places is the United States Capitol.
Mount Rushmore has had its Avenue of Flags since 1976, the United States bicentennial. Visitors can view the Memorial 24 hours, year round.
The Memorial is located in the Pennington County, near Keystone, South Dakota. The four faces from left to right are those of the presidents George Washington, Thomas Jefferson, Theodore Roosevelt, and Abraham Lincoln. Sculptors Gutzon Borglum and his son Lincoln carried out the project. The construction ended in 1941.
Worldwide, flying the Flag every day and according to the Code, does not violate regulations. Please mind that displaying the Flag in parental advisory contexts may be considered non-complimentary. Removal of the Flag from an improper display might be advisable.
There are a few special days on which to fly the Flag.
We put the month before the day, to read the date in American English.
New Year’s Day, January 1
Inauguration Day, January 20
Abraham Lincoln’s Birthday, February 12
Washington’s Birthday (the President’s day), third Monday in February
Easter Sunday, (variable)
Mother’s Day, second Sunday in May
Armed Forces Day, third Saturday in May
Memorial Day (half-staff until noon), the last Monday in May
Flag Day, June 14
Independence Day, July 4
Labor Day, first Monday in September
Constitution Day, September 17
Columbus Day, second Monday in October
Navy Day, October 27
Veterans Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
State birthdays (days of admission) and holidays: each state individually.
The “Star Spangled Banner” was formally adopted for the American anthem in 1931, with a law signed by president Herbert Hoover. The lyrics come from the Defence of Fort McHenry, a poem by Francis Scott Key. He witnessed the British siege of Fort McHenry in the war of 1812.
American English has changed since the time the Anthem was written. Today, the language has the word “defense” for the former “defence”.
O! Say, can you see
by the dawn’s early light
What so proudly we hail’d
by the twilight’s last gleaming?
Whose bright stars and broad stripes,
through the clouds of the fight,
O’er the ramparts we watch’d
were so gallantly streaming?
And the rockets’ red glare,
the bombs bursting in air,
Gave proof through the night
that our flag was still there.
O! Say does that star-spangled
banner yet wave
O’er the land of the free
and the home of the brave?
On that shore, dimly seen
through the mists of the deep,
Where the foe’s haughty host
in dread silence reposes,
What is that which the breeze,
o’er the towering steep,
As it fitfully blows,
half conceals, half discloses?
Now it catches the gleam
of the morning’s first beam,
In full glory reflected,
now shines in the stream.
‘Tis the star-spangled banner ― O! long may it wave
O’er the land of the free and the home of the brave.
And where is that host who so vauntingly swore
That the havoc of war and the battle’s confusion,
A home and a country should leave us no more?
Their blood has wash’d out their foul footsteps’ pollution.
No refuge could save the hireling and slave
From the terror of flight or the gloom of the grave.
And the star-spangled banner in triumph doth wave
O’er the land of the free and the home of the brave.
O! thus be it ever when freemen shall stand
Between their lov’d homes and the war’s desolation.
Blest with vict’ry and peace, may the heav’n rescued land
Praise the power that hath made and preserv’d us a nation.
Then conquer we must ― when our cause it is just,
And this be our motto ― In God is our trust.
And the star-spangled banner in triumph shall wave
O’er the land of the free and the home of the brave.
The story of the Anthem music
Some resources would tell that the tune of the Anthem is “an old British drinking song”. There is nothing to support the attribution. Singing the Anthem accurately might belong with illusions, if to think about inebriation. The tune musical harmony can be difficult to vocalize, with impediment.
The composer, John Stafford Smith, was son of Martin Smith, an organist of Gloucester Cathedral. John was born in 1750 and composed his tune in mid 1760s. He did not write, however probably, for occasions to involve alcohol.
The conjecture may have come with John Stafford Smith’s joining the Anacreontic society, which yet happened years after he composed the tune. First publication of the music also came after years, by The Vocal Magazine in 1778, in London.
The story of the Anthem text
“The annexed song was composed under the following circumstances—A gentleman had left Baltimore, in a flag of truce for the purpose of getting released from the British fleet, a friend of his who had been captured at Marlborough.—He went as far as the mouth of Patuxent, and was not permitted to return lest the intended attack on Baltimore should be disclosed.
He was therefore brought up the Bay to the mouth of Patapsco, where the flag vessel was kept under the guns of a frigate, and he was compelled to witness the bombardment of Fort McHenry, which the Admiral had boasted that he would carry in a few hours, and that the city must fall. He watched the flag at the Fort through the whole day with an anxiety that can be better felt than described, until the night prevented him from seeing it. In the night he watched the Bomb Shells, and at early dawn his eye was again greeted by the proudly waving flag of his country.” (The 1812 broadside text, see at the Library of Congress).
Some people may remember the Anthem as saying “through the midst of the deep”. The reference might be to the Bible, for example Luke 4:30. But he, passing through the midst of them, went his way. The passage, as in the American Standard Bible, tells about release of captives and remaining unhurt from opponents. The oldest American Bible is the Eliot Bible, published in Cambridge, Massachusetts, in 1663.
The autographed manuscript of the Anthem from October 21, 1840, says, “through the mists of the deep”. There are a few autograph copies of the Anthem. The Samuel Sands print from “The American Farmer” on September 21, 1814, also has the phrase “the mists”.
Members of the Constitutional Convention signed the Constitution on September 17, 1787 in Philadelphia, Pennsylvania. The Constitution became effective in year 1789.
We may reflect on Thomas Paine’s idea,
“The conferring members being met, let their business be to frame a Continental Charter, or Charter of the United Colonies; (answering to what is called the Magna Charta of England) fixing the number and manner of choosing members of Congress, members of Assembly, with their date of sitting, and drawing the line of business and jurisdiction between them,”
The transcript here is of print by John Carter, 1787, to present the ratified content. His manner to divide words might have been purposed to help discussion and quoting: except people’s names (to have the letter characters equally spaced and fit as the column allows), the right brim of each column, at the divided words, may help find matters of competence by the several states. For example, at the word per-fect, the term union deserves attention.
WE, the PEOPLE of the UNITED STATES, in order to form a more perfect union, establish justice, ensure 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.
Sect. 1. 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.
Sect. 2. The House of Representatives shall be composed of Members chosen every second year by the people of the several States, and the Electors in each State shall have the qualifications requisite for Electors of the most numerous branch of the State Legislature.
No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New-Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New-Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North-Carolina five, South-Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
Sect. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.
Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
Sect. 4. The times, places and manner, of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
Sect. 5. Each House shall be the judge of the elections, returns and qualifications, of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide.
Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Sect. 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been encreased, during such time; and no person holding any office under the United States shall be a member of either House, during his continuance in office.
Sect. 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.
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. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. 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.
Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and, before the same shall take effect, shall be approved by him, or being disapproved by him, shall be re-passed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
Sect. 8. The Congress shall have power
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises, shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;
To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post-offices and post-roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; —and,
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.
Sect. 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder, or ex post facto law, shall be passed.
No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: Nor shall vessels bound to or from one State, be obliged to enter, clear, or pay duties, in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: And no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office or title, of any kind whatever, from any King, Prince, or foreign State.
Sect. 10. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State, on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Sec. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:
Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the 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 shall be the President, if such number be a majority of the whole number of Electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose a 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. In every case, after the choice of the President, the person having the greatest number of votes of the Electors, shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.
The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States; and will, to the best of my ability, preserve, protect and defend, the Constitution of the United States.”
Sect. 2. The President shall be Commander in Chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate shall appoint Ambassadors, other public Ministers, and Consuls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.
Sect. 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Sect. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office, on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
Sect. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such Inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and Inferior Courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
Sect. 2. The judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting Ambassadors, other public Ministers, and Consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects.
In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
Sect. 3. Treason, against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open Court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
Sect. 1. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings, of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings, shall be proved, and the effect thereof.
Sect. 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
A person, charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
No person, held to service or labour in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour; but shall be delivered up, on claim of the party to whom such service or labour may be due.
Sect. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations, respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed, as to prejudice any claims of the United States, or of any particular State.
Sect. 4. The United States shall guarantee, to every State in this Union, a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature, or of the Executive, (when the Legislature cannot be convened) against domestic violence.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution; or, on the application of the Legislatures of two thirds of the several States, shall call a Convention, for proposing amendments; which, in either case, shall be valid, to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses, in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges, in every State, shall be bound thereby; any thing in the constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office, or public trust, under the United States.
The ratification of the Conventions of Nine States shall be sufficient for the establishment of this Constitution, between the States so ratifying the same.
Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON, President,
(and Deputy from Virginia).
New-Hampshire. John Langdon, Nicholas Gilman. Massachusetts. Nathaniel Gorham, Rufus King.
Connecticut. William Samuel Johnson, Roger Sherman.
New-York. Alexander Hamilton.
New-Jersey. William Livingston, David Brearley, William Paterson, Jonathan Dayton.
Pennsylvania. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur Morris.
Delaware. George Read, Gunning Bedford, junior, John Dickenson, Richard Bassett, Jacob Broom.
Maryland. James M’Henry, Daniel of St. Thomas Jenifer, Daniel Carrol.
Virginia. John Blair, James Madison, junior.
North-Carolina. William Blount, Richard Dobbs Spaight, Hugh Williamson.
South-Carolina. John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler.
Georgia. William Few, Abraham Baldwin.
Attest, WILLIAM JACKSON, Secretary.
In CONVENTION, Monday, September 17th, 1787.
The States of New-Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia.
THAT the preceding Constitution be laid before the United States in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the recommendation of its Legislature, for their assent and ratification; and that each Convention assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled.
That it is the opinion of this Convention, That as soon as the Conventions of Nine States shall have ratified this Constitution, the United States in Congress assembled should fix a day on which Electors should be appointed by the States which shall have ratified the same, and a day on which the Electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution: That after such publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled: That the Senators and Representatives should convene at the time and place assigned: That the Senators should appoint a President of the Senate, for the sole purpose of receiving, opening and counting the votes for President; and that, after he shall be chosen, the Congress, together with the President, should without delay proceed to execute this Constitution.
By the unanimous order of the Convention,
GEORGE WASHINGTON, President.
WILLIAM JACKSON, Sec’ry.
In Convention, Sept. 17, 1787.
WE have now the honour to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most adviseable.
The friends of our country have long seen and desired, that the power of making war, peace and treaties, that of levying money and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union; but the impropriety of delegating such extensive trust to one body of men is evident. ―Hence results the necessity of a different organization.
It is obviously impracticable, in the federal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved, and on the present occasion this difficulty was increased by a difference among the several States as to their situation, extent, habits and particular interests.
In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which are involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected; and thus the Constitution, which we now present, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensible.
That it will meet the full and entire approbation of every State is not perhaps to be expected; but each will doubtless consider, that had her interests been alone consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish.
With great respect, we have the honour to be, Sir, your Excellency’s most obedient and humble Servants,
GEORGE WASHINGTON, President.
By unanimous Order of the Convention.
His Excellency the President of Congress.
UNITED STATES in Congress assembled. Friday, September 28, 1787.
New-Hampshire, Massachusetts, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Virginia, North-Carolina, South-Carolina and Georgia, and from Maryland Mr. Ross. Congress having received the report of the Convention lately assembled in Philadelphia,
That the said report, with the resolutions and letter accompanying the same, be transmitted to the several Legislatures, in order to be submitted to a Convention of Delegates, chosen in each State by the People thereof, in conformity to the resolves of the Convention made and provided in that case.
State of Rhode-Island and Providence Plantations.
In GENERAL ASSEMBLY, October Session, 1787.
IT is Voted and Resolved, That the Report of the Convention, lately held at Philadelphia, proposing a new Constitution for the United States of America, be printed as soon as may be: That the following Number of Copies be sent to the several Town-Clerks in the State, to be distributed among the Inhabitants, that the Freemen may have an Opportunity of forming their Sentiments of the said proposed Constitution, to wit (…)
THE DECLARATION OF INDEPENDENCE
Declaring American independence was legal. It would have been without the Declaration that the War of Independence might be termed a rebellion.
Declaration: WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.
Thomas Paine: Were a manifesto to be published, and despatched to foreign courts, setting forth the miseries we have endured, and the peaceable methods we have ineffectually used for redress; declaring, at the same time, that not being able, any longer, to live happily or safely under the cruel disposition of the British court, we had been driven to the necessity of breaking off all connections with her; at the same time, assuring all such courts of our peacable disposition towards them, and of our desire of entering into trade with them: Such a memorial would produce more good effects to this Continent, than if a ship were freighted with petitions to Britain.
Mankind being originally equals in the order of creation, the equality could only be destroyed by some subsequent circumstance.
But there is another and greater distinction for which no truly natural or religious reason can be assigned, and that is, the distinction of men into KINGS and SUBJECTS. (…) As the exalting one man so greatly above the rest cannot be justified on the equal rights of nature, so neither can it be defended on the authority of Scripture.
I offer the following extracts from that wise observer on governments, Dragonetti. “The science” says he “of the politician consists in fixing the true point of happiness and freedom. Those men would deserve the gratitude of ages, who should discover a mode of government that contained the greatest sum of individual happiness, with the least national expense.”
Declaration: …whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.
Thomas Paine: In short, monarchy and succession have laid (not this or that kingdom only) but the world in blood and ashes. ‘Tis a form of government which the word of God bears testimony against, and blood will attend it.
Wherefore, security being the true design and end of government, it unanswerably follows that whatever FORM thereof appears most likely to ensure it to us, with the least expence and greatest benefit, is preferable to all others.
But the most powerful of all arguments, is, that nothing but independance, i. e. a Continental form of government, can keep the peace of the Continent and preserve it inviolate from civil wars.
The colonies have manifested such a spirit of good order and obedience to Continental government, as is sufficient to make every reasonable person easy and happy on that head.
PHILADELPHIA CONVENTION AND CONSTITUTION
Thomas Paine: A government of our own is our natural right: And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is infinitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance.
Let the assemblies be annual, with a President only. The representation more equal. Their business wholly domestic, and subject to the authority of a Continental Congress.
Let each colony be divided into six, eight, or ten, convenient districts, each district to send a proper number of delegates to Congress, so that each colony send at least thirty. The whole number in Congress will be least 390.
And in order that nothing may pass into a law but what is satisfactorily just, not less than three fifths of the Congress to be called a majority (The argument overall being on the need for a large representation, TPelka).
But as there is a peculiar delicacy, from whom, or in what manner, this business must first arise, and as it seems most agreeable and consistent that it should come from some intermediate body between the governed and the governors, that is, between the Congress and the people, let a CONTINENTAL CONFERENCE be held, in the following manner, and for the following purpose.
A committee of twenty-six members of Congress, viz. two for each colony. Two members for each House of Assembly, or Provincial Convention; and five representatives of the people at large, to be chosen in the capital city or town of each province, for, and in behalf of the whole province, by as many qualified voters as shall think proper to attend from all parts of the province for that purpose; or, if more convenient, the representatives may be chosen in two or three of the most populous parts thereof. In this conference, thus assembled, will be united, the two grand principles of business, KNOWLEDGE and POWER. The members of Congress, Assemblies, or Conventions, by having had experience in national concerns, will be able and useful counsellors, and the whole, being impowered by the people, will have a truly legal authority.
The conferring members being met, let their business be to frame a CONTINENTAL CHARTER, or Charter of the United Colonies; (answering to what is called the Magna Charta of England) fixing the number and manner of choosing members of Congress, members of Assembly, with their date of sitting, and drawing the line of business and jurisdiction between them: (Always remembering, that our strength is Continental, not provincial:) Securing freedom and property to all men, and above all things, the free exercise of religion, according to the dictates of conscience; with such other matter as is necessary for a charter to contain. Immediately after which, the said Conference to dissolve, and the bodies which shall be chosen comformable to the said charter, to be the legislators and governors of this Continent for the time being: Whose peace and happiness, may God preserve, Amen.
GEORGE WASHINGTON’S LETTER TO THE CONTINENTAL CONGRESS
George Washington: It is obviously impracticable, in the federal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained.
Thomas Paine: For were the impulses of conscience clear, uniform, and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him out of two evils to choose the least. (The use here is to denote: in other cases, too; TPelka)
The object, contended for, ought always to bear some just proportion to the expense.
George Washington: In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which are involved our prosperity, felicity, safety, perhaps our national existence.
It is not in numbers, but in unity, that our great strength lies; yet our present numbers are sufficient to repel the force of all the world. The Continent hath, at this time, the largest body of armed and disciplined men of any power under Heaven; and is just arrived at that pitch of strength, in which, no single colony is able to support itself, and the whole, when united, can accomplish the matter.
The word constitution comes from the Latin constituere, constituo. In ancient times, “constitutions” were edicts issued by mostly despotic rulers. The ancients happened to incise those notices in stone, as there was no print. When a ruler or authority wanted to change an ordnance, he or she ordered another stone carved. Nowadays, only some researchers would use the word “constitution” for an ancient decree such as the Roman Twelve Tables, speculated to have had rules for ancient plebeians to memorize (we are more dignified than mere memorization, in our resolves for grammar).
CONSTITUTION DEVELOPMENT IN THE USA
Initially, the USA had the Articles of Confederation and Perpetual Union (1781) for a constitution. It had to address the growing economic difficulty and internal instability of the young Union acknowledged by the Treaty of Paris (1783). The Treaty ended the Revolutionary War, affirming American freedom from England. The French were American allies in the War.
The Articles failed to provide for Union finances as well as governing authority.
The Constitutional Convention ― also known as the Philadelphia Convention, or the Federal Convention ― began in 1787. Rhode Island ratified the Constitution in 1790, as the last of the initial 13 States.
The American Constitution is the longest-lived constitution in the world. See also the Bill of Rights.
Signing the Constitution, a painting by Howard Chandler Christy
 The Carter print spells the contemporary ‘secrecy’ as ‘ʃecreʃy’.
 The Carter print spells the contemporary ‘census’ as ‘ʃenʃus’. The Carter broadside has character ʃ for the letter s, unless capital or word-final. For example, the Congress is the Congreʃs, in the print. The Dunlap print of the Declaration of Independence uses the same character.
 The Carter print spells the contemporary ‘control’ as ‘controul’.
The Constitution has spellings such as “defence”, “behaviour”, or “honour”, nowadays associated with British English. The change in American spellings was taking place already at the time of the print, however. The Declaration of Independence says “honor”.
The New York Congress passed the Bill of Rights in 1789. It became ratified on December 15, 1791. It is the Fifth Article of the Constitution to permit amendments, for the legislation to meet varied circumstances in human lives.
The Bill of Rights, along with the Declaration of Independence and the Constitution, are also called the Charters of Freedom. We can view the original documents online, also at the National Archives, archives.gov.
In 1941, President Franklin Delano Roosevelt announced December 15 the Bill of Rights Day, to celebrate the 150th anniversary of the Bill adoption.
Print by Bennett Wheeler of the resolve by the New York Congress from March the 4th 1789 took part in adopting the legislation, the Assembly having decided that “One Copy thereof be sent to each Town Clerk in the State as soon as may be, to be laid before the Freemen”. The transcript here is of the ratified parchment Bill.
Historically, the Amendments are described as the “Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by Legislatures of several States, pursuant to the Fifth Article of the original Constitution”.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging 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.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
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.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment 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 offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a 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.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the 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 defence.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
TheBill of Rights context
Some researchers would derive the Bill of Rights from the feudal Magna Carta, the charter associated with John the Lackland. The English charter yet did not make the provisions for citizen and religious freedom that the Bill does. It protected inheritance rather than civilian ownership rights, and remained focused on monarch powers.
The Bill emphasizes independence from England and feudalism already in the First Amendment, in separating the State from Church. The title of the Defender of the Faith, Fidei defensor, remains in use in Britain. Thomas Jefferson wrote in his letter to Danbury Baptists, “religion is a matter which lies solely between Man & his God”. The Founders considered it vital for the State not to decide on any Church, as well as for no Church to decide on the State. We have a paraphrase of the First Amendment with Chapter 7.
Further, invoking Magna Carta clause 39 as the pretreatment for the Bill due trial by the law is a misunderstanding. The Charter says, “No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
The clause gives ground to misjudgment. It does not say in what form and how the accusation could be presented, trial held, who qualified for the jury, how many times the same person might be put under doubt about the same matter, or even how an activity or its absence might be legally recognized for wrongful.
Let us compare Amendment 6. “In all Criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district …”
Amendment 7 gives further specifics on proper judgment: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
We may look at the capitalization ― that is, the use of big letters ― in the engrossed copy of the Bill of Rights. It follows the same pattern as we use nowadays for legal contracts. Legally, a contract needs to specify the Parties and define objects for Agreement.
The Bill finds definition within US law. It does not address the Magna Carta directly, but it does answer real legal controversies to have arisen with royalist practices. It does not mean that the Bill derives from the practices.
We also may turn to Thomas Paine. “The conferring members being met, let their business be to frame a CONTINENTAL CHARTER, or Charter of the United Colonies; (answering to what is called the Magna Charta of England)…” Common Sense.
The Bill of Rights complements the Constitution, or the “Continental Charter”, the longest-lived founding legislation in the world. Taken the time span since the late 18th century, there has been no country other than the USA to retain the constitutive legislation, the territory, as well as the form of government. The Bill was adopted in 1791 and laid out principles to oblige everyone in American territories, in anyPRESENT or FUTURE.
We also may quote the 6th Amendment to show the legally objective nature of the founding American legislation. The use of the Modal verb SHALL, in the phrase “wherein the crime shall have been committed”, naturally does not mean a decision to commit a criminal offense. We may paraphrase it as “where such a criminal circumstance objectively becomes evidenced”. We may compare a note on the Modal verb SHALL, as well as try our voluntary extra practice.
According to this objective legislation, even the President, if guilty of a crime, would have to give up his or her office. The procedure is known as impeachment. On the other hand, everyone ― the President included ― has immunity from excessive bail, as well as cruel or unusual punishment. The Constitution also has extraterritorial applications. American citizens as well as foreigners may invoke the Constitution and the Amendments outside the USA, under circumstances recognized by American law.
Amendments strengthen the Constitution. The meaning of the Constitution needs not and has not changed, despite changing circumstances and redesigned typesets. Amendments make the Constitution even firmer than carved in stone (!)
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.
The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; 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 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 the 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 the 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 upon them, before the fourth day of March next following, then the Vice-President 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 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.
Sect. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Sect. 2. Congress shall have power to enforce this article by appropriate legislation.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No 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 due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting 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 shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Sect. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Sect 2. The Congress shall have power to enforce this article by appropriate legislation.
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Sect. 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all the territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Sect. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Sect. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Sect. 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Sect. 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Sect. 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Sect. 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Sect. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Sect. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
Sect. 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Sect. 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Sect. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Sect. 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.
Sect. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.
Sect. 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Sect. 2. The Congress shall have power to enforce this article by appropriate legislation.
Sect. 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Sect. 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Sect. 2. The Congress shall have the power to enforce this article by appropriate legislation.
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Modal Expression, especially the Interrogative or Negative, can give us some trouble, unless we approach the matter as science in a field: we analyze the molecules, see how they are doing, and make a model.
The form SHALL NOT may imply a conclusion, a decision ― more often in British English than in American, however. American English has the Modal WILL for resolves. The Modal CAN attracts the particle NOT directly. They become one word, CANNOT. We may come upon the form CANNOT in historic texts, as the Gettysburg Address.
President Abraham Lincoln gave the speech at the Soldiers’ National Cemetery in Gettysburg, Pennsylvania, in 1863. The form “can not” is rarely used today. Feel welcome to read the Address as well as to do the voluntary extra practice.
In the Affirmative, MUST NOT can mean that something is forbidden or strongly discommended. NEED can take on the regular negative. The auxiliary is the verb to do.
68. We DONOT NEED tomemorize dictionaries.
We can use the short form DON’T, when our contexts are not formal.
68a. We DON’T NEED tomemorize dictionaries.
NEED can take a Modal negation, too. The Modal form may be more emphatic.
68b. We NEEDN’Tmemorize dictionaries.
(There is definitely no need to memorize dictionaries.)
HAVE TO takes the regular negative.
69. We DONOT HAVE TOmemorize dictionaries.
69a. We DON’T HAVE TO memorize dictionaries.
Our paths can diverge for NEED in the auxiliary PAST.
70. You DIDN’T NEEDtomemorize this.
(Something didn’t need to be done and it was not done.)
71. You NEEDN’T HAVEmemorized this.
(You did, but you COULD HAVEleft it alone ― the thinking is about a hypothesis.)
Let us tackle the Interrogative. This is the Modal to move here. Chapter 5 shows Inversion, along with the Negative Interrogative.
72. WeCANwork a lot. CANwework a lot?
73. WeMAYwork a lot. MAYwework a lot?
74. WeWILLwork a lot. WILLwework a lot?
75. WeSHOULDwork a lot. SHOULDwework a lot?
76. WeOUGHT TOwork a lot. OUGHT we TOwork a lot?
77. WeSHALLwork a lot. SHALLwework a lot?
78. WeMUSTwork a lot. MUSTwework a lot?
In Negative questions, the linguistic chemistry may depend on the form we use, short or full.
79. CANweNOTwork a lot?
79a. CAN’Twework a lot?
80. MAYweNOTwork a lot?
80a. MAYN’Twework a lot?
81. WILLweNOTwork a lot?
81a. WON’Twework a lot?
82. SHOULDweNOTwork a lot?
82a. SHOULDN’Twework a lot?
83. OUGHTweNOTTOwork a lot?
83a. OUGHTN’TweTOwork a lot?
84. SHALLweNOTwork a lot?
84a. SHAN’Twework a lot?
In questions, MUST NOT may ask about the proper course of things.
85. MUSTweNOTwork a lot?
85a. MUSTN’Twework a lot?
HAVE TO takes the regular Negative Interrogative.
86. DOweNOTHAVE TOwork a lot?
86a. DON’TweHAVE TOwork a lot?
Let us catch on to the Modal NEED in the grammatical PAST. It behaves more and more like a regular verb, in contemporary American.
87. DIDyouNOTNEEDtowork a lot?
87a. DIDN’TyouNEEDtowork a lot?
88. NEEDN’TyouHAVEworked a lot?
Expression 88 would be so rare that an American might consider it incorrect. Why is this? Asking questions involves making hypotheses. Unless we ask a question for no reason or purpose and expect no answer at all, we make our questions thinking about some PROBABILITY at least. Beside inversion, we can use the question mark or intonation, to make a question.
Let us regard language economy. In a language information pool, we may not need to provide information more than once.
86a. DIDN’Tyou NEED / HAVE TOwork a lot?
An American could consider an alternate incorrect,
86b. *MUSTN’TyouHAVEworked a lot?
NEED and MUST express a high degree of CONTINGENCY or CERTAINTY. Hypotheses with them might vary from those with other Modals: so many things SHOULD BE DONE and they never are (!)
With high CONTINGENCY or CERTAINTY, we can net the hypothetical time: we have a strong hypothesis in the Modal alone. Here is our model (click to enlarge).
Please compare the absolutely correct in American,
89. SHOULDN’Tyou HAVEread this all?
There is a structure close to the Modal verbs MUST, NEED, OUGHT TO or SHOULD. It is TO BE (SUPPOSED) TO.