Essay 11 - Guest Essayist: James D. Best

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.”

The “right of the people to alter or abolish” their government is derived from our natural right to self-governance. The notion of self-governance is relatively new. In 1776, the world was ruled by royalty or warrior chieftains. Some upstart colonialists then penned the most revolutionary document in the history of man. Kings and queens no longer enjoyed a Divine Right to rule. Instead, the individual was now the one endowed by their Creator with certain unalienable rights. Like most revolutionary visions, this one didn’t suddenly spring onto the world stage. Baron de Montesquieu, John Locke, David Hume, Adam Smith, Thomas Paine, and many others had advocated that “consent of the governed” was dictated by the laws of nature and of nature’s God. Of course, not everyone accepted this concept—certainly not King George III or English nobility. It took seven years of warfare for the colonies to solidify their claim of self-governance.

“The infant periods of most nations are buried in silence, or veiled in fable, and perhaps the world has lost little it should regret. But the origins of the American Republic contain lessons of which posterity ought not to be deprived.” — James Madison

The Founders, however, were steeped in this incendiary idea. Self-governance had been part of their experience in the New World. The colonists were subjects of England, but a round-trip sail across the great Atlantic put three to four months between them and their king. Self-rule started with the Pilgrims. The Mayflower Compact began by pledging loyalty to King James, but then decreed that the colonists would

“combine together into a civil body politick, for our better ordering and preservation, and furtherance of the ends aforesaid: and by virtue hereof do enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions, and officers, from time to time, as shall be thought most convenient for the general good of the colony.”

Basically, the Mayflower Compact was a written statement declaring self-government in colonial America.

“under absolute Despotism, it is their right, it is their duty, to throw off such Government” —Declaration of Independence.

Geography may have allowed the early colonists to govern themselves, but it was the writings of the Enlightenment that declared that self-rule was a natural right. This grand idea eventually led to the Declaration of Independence, which asserted that it was the right of the people “to institute a 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.” This founding principle basically said that the people themselves held the power to form a new government at any time and in any shape that met their needs. It was a radical concept used to justify radical action.

The power to “institute a new government” also conveys the power to “alter or to abolish it.” The 1787 replacement of the Articles of Confederation with our Constitution is a historical example of this concept. Since that date, we have not seen a need to abolish our government because we have been able to alter it continuously with amendments, laws, and political movements.

Our government at the national level is not a direct democracy. (Half of the states allow ballot initiatives which, if passed by a majority of the voters, have the force of law.) Instead, we elect representatives to write laws and a president to administer those laws. When the people’s will is thwarted, regular elections give them the opportunity to dismiss their representatives and appoint new ones. As a further safeguard, our government theoretically only has powers delegated by the people, reinforcing the concept that power resides with the people, not political leaders. The principle of self-governance is echoed in the 9th and 10th Amendments to the United States Constitution.

As long as people believe their voices count, fair and honest elections prevent the more drastic action of abolishment. Revolutions are bred when people believe their voices go unheard, especially in periods of hardship.

 

James D. Best is the author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

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Essay 1 – Introduction

Guest Essayist: James D. Best

On the evening of February 27, 1860, New Yorkers paid an exorbitant twenty-five cents to listen to a commonplace politician from some prairie state. The man had a reputation as a storyteller extraordinaire. Everyone expected to be entertained; few took the speaker seriously as a presidential candidate. Abraham Lincoln had earned a modicum of fame due to his debates with Senator Stephen Douglas two years previously, but he had lost that race and most believed the fledgling Republican Party would never nominate a loser. In fact, many wondered how this roughhewn storyteller wangled an invitation to a lecture series meant to expose serious candidates to the New York elite? Homespun yarns might draw crowds in the bucolic West, but New York City demanded a more elevated style of speechmaking.

The Republican Party was new and had failed in running John C. Frémont, a national hero, for president in 1856. Lincoln’s chances of ascending to the presidency under the Republican banner were slight. Lincoln, of course, had other plans. That afternoon, he had his photograph taken by Mathew Brady, and he intended his evening speech to be historic. It was. Lincoln often said that the Brady’s photograph and his Cooper Union address propelled him to the presidency.

What was so great about his speech at the Cooper Union? It was earth-moving because it was highly unusual. It was a call for his party to stand on principle—God’s principles, the Founders’ principles, and the founding principle of the Republican Party—the abolition of slavery.

Lincoln wanted to debunk the Democrats’ claim that the Founders would have supported the extension of slavery into the territories, so he presented a scholarly review of the voting records of the Constitution’s thirty-nine signers, showing that twenty-one of them had voted for bills restricting slavery in territories, and sixteen had left no record. Only two had made votes that supported the Democrats’ contention.

His speech had started slow, but as it picked up momentum, the energy in the hall lifted until the excited audience waited on the edge of their seats for the next opportunity to clap, yell, and bang out a rhythm with their shoes. Lincoln gave them plenty of opportunities. Below is a highly abridged selection from his speech.

We hear that you will not abide the election of a Republican president! In that event, you say you will destroy the Union; and then, you say, the great crime of having destroyed it will be upon us!

That is cool. A highwayman holds a pistol to my ear, and mutters through his teeth, ‘Stand and deliver, or I shall kill you and then you will be a murderer!’

What the robber demands of me—my money—is my own; and I have a clear right to keep it; but my vote is also my own; and the threat of death to me to extort my money and the threat to destroy the Union to extort my vote can scarcely be distinguished.

What will convince slaveholders that we do not threaten their property? This and this only: cease to call slavery wrong and join them in calling it right. Silence alone will not be tolerated—we must place ourselves avowedly with them. We must suppress all declarations that slavery is wrong, whether made in politics, in presses, in pulpits, or in private. We must arrest and return their fugitive slaves with greedy pleasure. The whole atmosphere must be disinfected from all taint of opposition to slavery before they will cease to believe that all their troubles proceed from us.

All they ask, we can grant, if we think slavery right. All we ask, they can grant if they think it wrong.

Right and wrong is the precise fact upon which depends the whole controversy.

Thinking it wrong, as we do, can we yield? Can we cast our votes with their view and against our own? In view of our moral, social, and political responsibilities, can we do this?”

Let us not grope for some middle ground between right and wrong. Let us not search in vain for a policy of don’t care on a question about which we do care. Nor let us be frightened by threats of destruction to the government.”

Prolonged applause kept Lincoln silent for several minutes before delivering his final sentence.

“Let us have faith that right makes might, and in that faith, let us, to the end, dare to do our duty as we understand it!”

When Lincoln stepped back from the podium, the Cooper Union Great Hall exploded with noise and motion. Everybody stood. The staid New York audience cheered, clapped, and stomped their feet. Many waved handkerchiefs and hats.

Great leaders speak and act on principle. People will not only follow a principled leader; they will labor mightily in a principled cause.

Abraham Lincoln went on to win the Republican nomination, the presidency, the Civil War, and the abolition of slavery.

Click here to read the text of Abraham Lincoln’s Address At Cooper Union.

(To learn more, I recommend Lincoln at Cooper Union by Harold Holzer.)

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

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Guest Essayist: James D. Best
Fifth, Second and First Constitutional Amendments with gavel

On September 25, 1789, the First Congress sent a group of amendments to the states for ratification. Seventeen amendments had been approved by the House, the Senate trimmed the list to twelve, and ten ended up being ratified by the states to become our revered Bill of Rights. With Virginia’s ratification on December 15, 1791, the first ten amendments were incorporated into the supreme law of the land.

Bills of rights were not new at the time of the Founding. The 1215 Magna Carta, the 1689 English Bill of Rights of 1689, and many American states had previously enacted declarations of rights into their state constitutions. Although the original Constitution did not include a Bill of Rights, the base document included a few rights interspersed throughout the text. Writ of habeas corpus could not be suspended—except when the country was under attack; no bill of attainder or ex post facto law could be passed at the national or state level; Americans were guaranteed a jury trial for criminal cases; there could be no religious test for federal office; no state law could impair the obligation of contracts; and the citizens of each state were entitled to the privileges and immunities of the citizens of every other state.

Individual rights were not a significant issue during the Constitutional Convention, but a Bill of Rights certainly became a major issue during ratification. The clamor for a Bill of Rights was an antifederalist political weapon against ratification. For many antifederalists, the real objection was that the Constitution gave too much power to the national government. This argument floundered, while a demand for a bill of rights gained enormous traction, so prominent anti-Federalists made vocal and repeated demands for a Bill of Rights.

Despite the clamor for a Bill of Rights, most Federalists continued to insist that one was not needed because the national government’s powers were restricted, and most state constitutions already possessed declarations of rights. As Hamilton explained in Federalist 84, “Why declare that things shall not be done which there is no power to do?”

James Madison’s support for a bill of rights became crucial. At first, he objected, then became unsure, and finally became a forceful advocate. He came to believe that a Bill of Rights had become a political necessity. In his speech on June 8, 1789, he said, “It may be thought all paper barriers against the power of the community are too weak to be worthy of attention … yet, as they have a tendency to impress some … it may be one mean to control the majority from those acts to which they might be otherwise inclined.” Madison became a strong advocate for these amendments, but as these words reflect, he remained ambivalent philosophically.

Despite a modern perception that the first ten amendments bestow rights, it’s clear that the Bill of Rights is really a list of government prohibitions. The Founders did not believe in government benevolence and would never have accepted government as the arbiter of rights. Here are some of the restrictive clauses used in the first eight amendments:

Congress shall make no law

shall not be infringed

without the consent

shall not be violated

nor shall be compelled

the accused shall enjoy

nor be deprived

no fact tried by a jury, shall be otherwise re-examined

shall not be required

These phrases make clear that the Bill of Rights is a restraining order issued by the people against the national government. Natural rights are endowed by the Creator and the government is enjoined from interfering with these rights.

“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.” –Declaration of Independence

Because the Founders feared that a Bill of Rights might impede liberty due to sins of omission, the 9th Amendment provided that, “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other rights retained by the people.” The 10th Amendment further stated that “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.”

These simple fifty words encapsulated the political philosophy of the Founders. Rights are not bestowed by the government, they are “endowed by their Creator” and reside with the people, and liberty depends on government operating within the restriction of enumerated powers delegated by a sovereign people.

Through the years, this sound philosophy has been diminished. The Supreme Court has succeeded in setting itself up as the arbiter of rights. So much so, many people have come to view government—specifically the Supreme Court—as the grantor and guarantor of rights. As the 9th Amendment states, rights exist that are not included in the first eight amendments, but the proper way to secure these rights from government interference is through laws at the state or national level or through the amendment process.

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

Guest Essayist: James D. Best
Signing of the Constitution - Independence Hall in Philadelphia on September 17, 1787, painting by Howard Chandler Christy, on display in the east grand stairway, House wing, United States Capitol.

James Madison took extensive notes during the Constitutional Convention. Monday, September 17, 1787 would be his last entry because the signing ceremony would be the final act of the convention. Many had doubted that the day would ever arrive.

For four months, delegates had been locked in a hot, closed room full of sweaty overdressed men. Swarms of horseflies frequently added to the discomfort that had heightened disputes. Acrimonious would be a polite description of the proceeding. Despite the hardships and ill-temper, the delegates stayed and stayed until they eventually hammered out a compromise they could accept.

A reverential spirit suffused the assembly that Monday. The chamber remained hushed as the secretary read the engrossed constitution in its entirety. At the conclusion, Franklin gave a short speech before declaring, “I move the constitution signed.”

Washington formally called on the delegates to sign the Constitution. For this momentous occasion, the secretary had set out the Syng inkstand used to sign the Declaration of Independence. Washington walked around the green baize-covered table to sign first. He then called the states from north to south. The delegates remained silent and respectful as they approached the low dais to apply their signatures to a document they hoped would permanently bind the country. Ratification was far from a certainty. As one of the delegates pointed out, the country remained at May 25th while the delegates had evolved through endless debates until they reached a consensus. When revealed to the general populous, the Constitution would come as a surprise.

Two Benjamin Franklin anecdotes have symbolized the ceremony for countless generations. Both are documented. The first appears in Madison’s notes and the second is described in the diary of Dr. James McHenry, one of Maryland’s delegates to the Convention.

Despite his illness, Franklin had remained standing after he signed, shaking hands with delegates and whispering an occasional aside.

While the last members were signing, Franklin raised his voice. “Gentlemen, have you observed the half sun painted on the back of the President’s chair? Artists find it difficult to distinguish a rising from a setting sun. In these many months, I have been unable to tell which it was. Now, I’m happy to exclaim that it is a rising, not a setting sun.”

Once the last signature was in place, everyone was anxious to leave the chamber that had dominated their life for so many months. Besides, one of the delegates was hosting a celebratory dinner at the City Tavern.

Because of the momentous day, an enfeebled Franklin had abandoned his rented prisoners who normally carried him to and from the chamber. He insisted on walking out of the State House. Washington took a point position in front of Franklin, who was helped by delegates at each elbow.

As the sentries threw open the doors, the delegates were assaulted by bright sunlight and a deafening roar. Hundreds of people cheered, clapped, and whistled at the sight of General George Washington framed by the great double doors of the State House. The sentries had skipped down the three steps and joined arms to hold back the surge of people. A rambunctious session on Saturday had informed Philadelphians that the convention had concluded its business.

As Franklin followed in Washington footsteps, the people continued to cheer and applaud. A woman leaned in to yell, “Dr. Franklin, what is it to be? A republic or a monarchy?”

His answer came in a firm, loud voice. “A republic—if you can keep it.”

James Madison wrote, “The infant periods of most nations are buried in silence, or veiled in fable, and perhaps the world has lost little it should regret. But the origins of the American Republic contain lessons of which posterity ought not to be deprived.”

Throughout history, new nations have come into being because of conquering armies, internal rebellion, or the edict of a great power. Although the United States of America was conceived in revolt, our governing institutions were born in calm reason. Our Constitution comes from a convention and ratification process where reasoned debate eventually led to a decision by a large segment of the population to put a new government in place.

The Founding of this great nation was unique. Until 1776, with a few brief exceptions, world history was about rulers and empires. The American experiment shook the world. Not only did we break away from the biggest and most powerful empire in history, we took the musings of the brightest thinkers of the Enlightenment and implemented them. Our Founding was simultaneously an armed rebellion against tyranny, and a revolution of ideas—ideas that changed the world.

That is why we still care about America’s founding and the Framers of our Constitution.

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales

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In the Course of Human Events:
A 90 Day Study of Important Dates in American History That
Shaped the United States and Changed the World

Introduction

May 14, 1607 – Jamestown, Virginia Founded
The Virginia Company, a group of London entrepreneurs, many of whom were artisans, craftsmen, and laborers, landed on Jamestown Island, the Chesapeake region of North America, to establish the first permanent English settlementDespite harsh first years and starvation, the settlers instituted private ownership of land which increased productivity.

July 30, 1619 – Virginia House of Burgesses Convenes
The first legislative General Assembly of Virginia, which became the Virginia House of Burgesses, was a new form of government that could be checked as an elected representative assembly. The assembly was elected by the settlers of the American colonies and first convened in the town church at Jamestown, Virginia on July 30, 1619. At first, however, the assembly was a charter issued by the Virginia Company of London under British control, allowing the colonies to have some self-government, but the Crown increasingly placed limits on the colonies ability to govern themselves.

November 11, 1620 – Mayflower Compact Signed
Forty-one of the 101 English passengers who traveled to the New World aboard the Mayflower ship wrote and signed the compact which later influenced the Declaration of Independence and U.S. Constitution.  The compact was written by those fleeing religious persecution by King James, to establish religious freedom, and self-governance in the New World.

May 28, 1754 – Battle of Jumonville Glen Starts French and Indian War
In 1753, competition for the Ohio River Valley intensified aggression between British and French troops. Virginia Regiment Lieutenant Colonel George Washington responded by attempting to push back the French from the Ohio River Valley. By May 27, 1754, Washington learned of French soldiers planning to close in on the Virginians. The next day on May 28, Washington with Mingo chief Tanacharison led troops to raid against the French, but ultimately had to surrender. The attack of Jumonville Glen led to tensions escalating further, resulting in the start of the French and Indian War.

April 19, 1775 – Battles of Lexington and Concord, American Revolution Begins
British troops were on their way to Concord, Massachusetts, to seize firearms and supplies from the American colonists. Paul Revere rushed to alert everyone so that militiamen, or Minutemen, could quickly mobilize. When the British arrived on the town green in Lexington, Massachusetts, either a British soldier or an American Patriot fired, known as “the shot heard ‘round the world” and the Revolutionary War for America’s fight for freedom began.

October 13, 1775 – United States Navy Founded
In efforts to hold off British control of the seas, the Continental Navy that eventually became the United States Navy, was established by the Second Continental Congress that met in Philadelphia soon after the Revolutionary War began. Over 240 years ago, starting with only two armed vessels, the U.S. Navy grew into the largest, most advanced fighting force in the world.

  • October 13, 1775: Birth of the United States Navy by Jeff Truitt, Captain in the United States Navy Reserve; Small Group Seminars Leader on Operational Maritime Law, U.S. Naval War College; Served on active duty as a submarine officer in the Cold War

July 4, 1776 – Declaration of Independence Finalized
In Philadelphia, once the Continental Congress voted on declaring freedom from  British political connections July 2, 1776, they drafted a document, headed by the Committee of Five: John Adams, Roger Sherman, Robert Livingston, Benjamin Franklin, and Thomas Jefferson, to present to the public. On July 4, approved version of the Declaration of Independence and sent it to the printers, initially signed by John Hancock, and later signed by other members in August. Soon after, July 4 became the day chosen to celebrate America’s independence.

October 17, 1777 – British Surrender at Saratoga, Triggers French Alliance
The plan was to divide the colonies, starting with New York. The battles at Saratoga ending in the British force surrendering showed a significant turn in the American Revolution resulting in the French government formally recognizing the colonists as an ally in the war.

July 9, 1778 – Articles of Confederation Approved
The Articles of Confederation were enacted as the first U.S. founding document and constitution, the first document that saw the colonies working together—a  forerunner of the Union established more formally in subsequent years. The Articles of Confederation were enacted by Congress March 1, 1781.

October 19, 1781 – British Surrender at Yorktown, Effectively Ending the Revolutionary War
The surrender of General Charles Cornwallis to General George Washington at Yorktown, Virginia, was the final battle of the American Revolution. Then, in 1783, the Treaty of Paris was signed after an appeal from the British for peace, and the American Revolutionary War was over.

December 23, 1783 – George Washington Resigns Military Commission
In an example of unrivaled statesmanship, General George Washington resigned his military commission at the State House in Annapolis, Maryland on December 23, 1783 to return to his Mount Vernon, Virginia home as a private citizen. Washington’s resignation was pivotal for American history because he willingly gave up power. He later participated in the Constitutional Convention of 1787 in Philadelphia, and was unanimously elected president of the United States in 1789. He reluctantly accepted the presidency and rejected any form of kingship. In 1797, Washington again surrendered his position, allowing a fellow American to serve as president. The example Washington set for America’s republican form of government was that of a peaceful transfer of power, a requirement the nation would need to serve by leadership and freedom rather than dictatorship.

July 13, 1787 – Northwest Ordinance Provided Process for Forming New States
The Northwest Ordinance under the Articles of Confederation helped expansion of the United States and the process of outlawing slavery among other needs, but didn’t go far enough to strengthen the growing country. While a good start toward providing a free and republican foundation for governance of the Northwest and other new states, the Constitutional Convention near the same time was at work on a U.S. Constitution that would provide a stronger national government to better preserve national interests and individual liberty for Americans.

September 17, 1787 – Approval of the U.S. Constitution, Sent to the States for Ratification
After the major Declaration of Independence document solidified the American experiment of freedom, and then formation of the Articles of Confederation to get it all started, came the newly free nation’s U.S. Constitution. Affirming existence of the United States government as one designed to serve its citizens, the U.S. Constitution set up a new type of government with the legislative branch mentioned first in Article I as a reminder that supremacy lies with the people through their elected representatives.

April 30, 1789 – George Washington Inaugurated as First President of the United States of America
How would the United States create a leadership position such as the presidency without repeating and it turning into what the colonists fought to escape? They would need the type of role that set a precedent America could trust for their current time and future to maintain what they started. It meant not having a king so the people could live in freedom because of the way their new government worked, not ruled by it like their past tyrannical experiences. When George Washington took his oath of office, he mentioned with humility that it was his shared responsibility with Congress to preserve “the sacred fire of liberty” and a republican form of government.

September 29, 1789 – United States Army Established
On the final day of Congress’ first session, they passed “An act to recognize and adapt to the Constitution of the United States, the establishment of the troops raised under the resolve of the United States in Congress assembled.” The act legalized the existing U.S. Army created under the Articles of Confederation. George Washington reminded Congress that the issue of need for military forces under the Continental Congress needed to be set through action under the new Constitution.

August 4, 1790 – Alexander Hamilton’s Debt Plan Passes Congress, Resolved State War Debts and Laid Foundation for American Capitalism
Foreign and domestic finances were out of sorts for the United States after the Revolutionary War. Debt was high by that time and taxes even higher. Alexander Hamilton wanted the national debt managed better. His plan was to help the new American government be more open to capitalism so that the government, along with the growing nation, could be strong and upheld rather than weak and ineffective due to hostility toward capital. Hamilton’s idea for a Bank of the United States would help propel his plan toward financial stability, though James Madison and Thomas Jefferson feared it would create government power without boundaries.

December 15, 1791 – Bill of Rights Ratified
In 1789, James Madison spoke on the House floor introducing amendments to the U.S. Constitution, an attempt to persuade Congress a Bill of Rights would protect liberty and produce unity in the new government. Opposed to a Bill of Rights at first, stating that the rights of mankind were built into the fabric of human nature by God, and government had no powers to alienate an individual’s rights, and having witnessed the states violating, Madison realized in order to safeguard America’s freedoms, Congress needed to remain mindful of their role never to take a position of power by force over the people they serve.

May 17, 1792 – Buttonwood Agreement Establishes New York Stock Exchange
Named for the regular meeting place outside of the street address 68 Wall underneath a buttonwood tree, the Buttonwood Agreement created rules for buying and selling company bonds and shares. The stockbrokers and merchants who were signers of the agreement set a constitution in 1817 for a new, New York Stock & Exchange Board, eventually renamed the New York Stock Exchange (NYSE). Moving here and there and with ups and downs of a growing nation, trading was done in such places as coffeehouses or by selling shares in the streets, the NYSE grew throughout the 1800s eventually to find its current home on Wall Street in New York City in 1903.

March 14, 1794 – Eli Whitney Receives Patent for Cotton Gin
While similar separators existed for centuries, Eli Whitney’s machine was the first to separate seeds from cotton with shorter fibers. He learned that Southern planters were in need of a way to make cotton a profitable crop. One of Whitney’s cotton gins could clean up to fifty pounds of cotton in one day, making cotton profitable to cultivate for the first time. Yields of cotton produced steadily rose, along with demand and other inventions of the Industrial Revolution, throughout the 1800s with use of the cotton gin.

July 11, 1798 – United States Marine Corps Established
Originally established November 10, 1775 in Philadelphia to aid naval forces during the Revolutionary War, the Marine Corps was ended at the close of the war once American independence was achieved. Conflict increased once again, resulting in President John Adams signing a bill to formally establish the United States Marine Corps July 11, 1798 that would serve as a permanent military force under the Secretary of the Navy. Since the 19th century, the Marines have participated in all wars of the United States and usually the first soldiers to fight.

April 30, 1803 – Louisiana Purchase Treaty Signed
The 1803 treaty signed in Paris brought a purchase by United States for 828,000 square miles, doubling the nation’s size. Constitutional questions stirred disputes over how to best divide territory and keep the nation’s peace. Concurrently, the Louisiana Purchase helped sustain America’s growing need for agriculture, free flow of commerce along the Mississippi, and secure westward expansion by escaping the taking of the territory from Spain by Napoleon Bonaparte.

May 14, 1804 – Lewis and Clark Begin Exploration of Missouri River
Soon after the Louisiana Purchase, Meriwether Lewis, private secretary to President Thomas Jefferson, and William Clark, an army captain, were commissioned by President Jefferson to explore the Northwest from the Mississippi River to the Pacific Ocean via the Missouri River. Starting with 45 men as the “Corps of Discovery” later joined by French-Canadian fur trader Toussaint Charbonneau, and his Native American wife Sacagawea who accompanied the travels as an interpreter. By fall of 1806, the expedition returned, having explored largely unexplored westward territories that would later make up states such as North Dakota, Montana, and Oregon.

September 13-14, 1814 – Siege of Fort McHenry, Francis Scott Key Writes America’s National Anthem, the Star Spangled Banner
Soon after setting fire to the Capitol and White House, early on September 13, 1814, the British planned to attack again, this time Baltimore. Key, a young lawyer residing in Georgetown, went with Col. John Skinner in an attempt to get a beloved physician, Dr. William Beanes, released from a British ship. Unsuccessful, the three men were held under guard on board a sloop until the battle ended. Watching from the boat as British fired on Fort McHenry, Gen. Armistead’s huge flag was still flying after the firing stopped. Key was inspired to write a poem first entitled “Defence of Fort McHenry.” Later set to music and retitled “The Star-Spangled Banner,” it was adopted March 3, 1931 as America’s national anthem.

February 22, 1819 – Adams-Onis Treaty Cedes Florida to the United States
In the 1819 agreement, formally ratified in 1821, between Spanish minister to the United States, Do Luis de Onis, and United States. Secretary of State John Quincy Adams, a purchase treaty was signed for Spain to cede the remaining portion of Florida to the U.S. The treaty set a boundary line between Spanish territory and the U.S., resolving land disputes between the U.S. and Spain, and was key to settling the U.S-Mexico border. The terms agreed to Texas being on the Spanish side of the boundary, determined the southern boundary, most of the western boundary, and Spain agreed to release its claim to northwest territory.

December 2, 1823 – Monroe Doctrine Issued
A warning was issued in 1823 by President James Monroe for European powers to cease attempts for further colonization or otherwise in order to protect the Western Hemisphere. As a matter of U.S. foreign policy, later known as the Monroe Doctrine, such attempts would be viewed as hostile acts toward the United States. The concern was autocratic colonial regimes might be restored by continental Europe and threaten the independence of the United States, thus the Monroe Doctrine created a clean break.

October 26, 1825 – Erie Canal Completed
In 1817, construction on the Erie Canal began, opening October in 1825. Initially a 363-mile waterway, 40 feet wide, four feet deep, it connected the Great Lakes and Atlantic Ocean flowing from the Hudson River at Albany to Lake Erie at Buffalo, New York. The canal increased transportation of bulk commercial goods at a much lower cost, widely expanded agricultural development, and brought settlers into surrounding states as the free flow of goods to the stretches of Northwest Territory were availed through the Appalachian Mountains.

March 4, 1829 – Andrew Jackson Inaugurated President, Democrat Party Formalized
Andrew Jackson started out as a lawyer and grew in politics. By the end of the War of 1812 between the United States and Britain, Jackson was a military hero of great influence. Former governor of Tennessee, he defeated John Quincy Adams in 1828, became the seventh president and first Democratic Party president, and helped found the Democratic Party.

May 28, 1830 – President Andrew Jackson Signs Indian Removal Act, Leads to Trail of Tears
Signed into law by President Andrew Jackson in 1830, the Indian Removal Act was intended to grant unsettled lands west of the Mississippi for Indian lands inside existing state borders. Some tribes agreed while others opposed. Thousands of Indians died during the travels to the new territory, leaving what became known as the “Trail of Tears.”

August 21, 1831 – Nat Turner Slave Rebellion Begins
In early August 1831, Nat Turner, a preacher and slave in Virginia, began planning a revolt against slavery. By August 21, Nat and others with him, first killing his master’s family, mounted horses and continued the same on farms and elsewhere of slave owners and their families. After, the Virginia legislature received petitions urging the menace of slavery be dealt with as a cause of political and economic failure.

April 21, 1836 – Battle of San Jacinto, Mexico Surrenders, Texas Freed
The Texas Revolution began at the Texas Declaration of Independence at Washington-on-the-Brazos in March 1836. The Battle of San Jacinto was very short but events leading up to it were long in the making. After declaring independence, news arrived that the Alamo in San Antonio was under siege. Then Texas General Sam Houston’s troops surprised the Mexican General Santa Anna and his forces, taking Santa Anna prisoner. General Santa Anna surrendered to Sam Houston, and Texas won independence from Mexico, effectively ending the Texas Revolution.

January 27, 1838 – Abraham Lincoln’s Lyceum Address
Abraham Lincoln delivered a speech on January 27, 1838 before the Young Men’s Lyceum of Springfield, Illinois on the perpetuation of our political institutions, or  America’s survival. At the time of his remarks, the country had already weathered the Missouri crisis of 1820 and the tariff controversy of 1833. Still to come would be the Texas annexation, the War with Mexico, the Compromise of 1950, and Kansas-Nebraska Act, and Dred Scott. Yet in what might seem in retrospect to be a peaceful trough between two waves that threatened the Union, Lincoln saw something just as ominous: with the death of the last of the Founders, the Constitution itself was in danger of being relegated to irrelevancy.  Lincoln’s speech focused on the necessity of having a Constitution being capable of veneration as the only way to maintain the Union through whatever vicissitudes might await it. In this, he was both physician and prophet.

May 24, 1844 – Morse Sends First Telegraph Message
In 1844, a telegraph line was set up from Washington, D.C. to Baltimore as an experiment to show how the new electro-magnet messaging system worked. In front of Congress inside the U.S. Capitol, inventor Samuel F.B. Morse sent an electro-magnet signal message using dots and dashes, recorded on a paper tape by tapping, to Alfred Vail at a railroad station in Baltimore. The words of the message Morse sent were “What hath God wrought?” taken from Numbers 23:23 in the Bible, were received and replied to quickly from Vail with the same words. The successful experiment using Morse Code forever changed communications for the nation.

January 24, 1848 – Gold Discovered in California, Gold Rush and Western Expansion
Gold nuggets were found in the Sacramento Valley in January 1848 and by the end of the year, President James Polk confirmed the findings, starting the California Gold Rush. Bringing thousands of miners known as “forty-niners” by the end of 1849, to areas near San Francisco in search of gold, western expansion of the United States boomed.

February 2, 1848 – Treaty of Guadalupe Hidalgo Ends Mexican-American War, Annexes West
The Treaty of Guadalupe Hidalgo was signed shortly after James Wilson Marshall discovered gold flakes in the area now known as Sacramento. Border disputes would continue, but the treaty ended the Mexican-American War (1846-1848) and added a large swath of western territory broadly expanding the United States. It would make up Arizona, California, Nevada, New Mexico, Utah, Wyoming, Washington, Oregon, Texas, and parts that would later make up Oklahoma, Colorado, Kansas, Wyoming, and Montana. The new lands acquired from Mexico stirred sectional passions about the expansion of slavery in the West that helped lead to the Civil War after being temporarily settled by the Compromise of 1850.

July 14, 1853 – Commodore Matthew Perry Lands in Japan
Sent by President Millard Fillmore, Commodore Matthew Perry went on an expedition to Japan in 1853 to persuade, even pressure, Japan to end its policy of isolation and become open to trade and diplomacy with the United States. Japan signed a treaty with the U.S. in 1854, agreeing to trade and an American consulate. The Treaty of Kanagawa was the first by Japan with a Western nation. Among many accomplishments, Commodore Perry devised a naval apprentice system, assisted the Naval Academy, worked to develop naval officers to their fullest potentials, and helped found the New York Naval Lyceum.

March 20, 1854 – Republican Party Founded
Originally called the “Whig Party” formed in 1834, a meeting by the Whigs was held later in Ripon, Wisconsin to establish a new party in further opposition to the expansion of slavery that the original Whig Party was unable to manage on a national level. Expressly to address an increasing crisis of slavery, the group met and formed what became the Republican Party for the future of the country that wanted individual freedom at its core.

  • March 20, 1854: The Republican Party is Founded by Scot Faulkner, Served as Chief Administrative Officer, U.S. House of Representatives and as a Member of the Reagan White House Staff; Financial Adviser; President, Friends of Harpers Ferry National Historical Park

May 30, 1854 – Kansas-Nebraska Act Signed, Disrupts Years of Sectional Compromise
The Kansas-Nebraska Act of 1854 overturned the Missouri Compromise. The Kansas-Nebraska Act proposed by Stephen A. Douglas, provided that popular sovereignty, a popular vote, would decide whether new states would be free or slave rather than the Missouri Compromise based on the 36°30′ north parallel. Conflicts about slavery grew steadily, leading to the description “Bleeding Kansas” over the volatility. Violence about wanting slavery to remain got so bad, a debate in Congress resulted in South Carolina Representative Preston Brooks severely beat with his cane, abolitionist and Massachusetts Senator Charles Sumner, almost killing him.

March 6, 1857 – Dred Scott Decision
The Dred Scott Decision is named for the landmark United States Supreme Court case, Dred Scott v. Sandford (1857) (correct spelling is Sanford) first fought in the Missouri Supreme Court in 1852. The nation already deeply divided over the issue of slavery, when Dred Scott sued for his freedom after being moved to states where slavery was prohibited, was denied. U.S. Supreme Court Chief Justice Roger Taney especially refuted that Dred Scott should be free, but Abraham Lincoln repeatedly argued against Justice Taney’s points, noting how the Declaration of Independence set up a free society of self-governing individuals, and the nation was working to eliminate slavery from all of the states so the people could be their own rulers. The misinformed decision was evident, and civil war was not far off.

October 16-18, 1859 – John Brown Raid, Catalyst for Civil War
Violence continued to erupt in the region. In 1858, abolitionist John Brown led raids in Kansas to free slaves, killing pro-slavery southerners, then returned home in 1859 to plan a raid at the federal armory in Harpers Ferry, Virginia on October 16, to fight more pro-slavery people. Brown was captured October 18, tried, then hung in December for treason against Virginia. “Bleeding Kansas” and these other acts were part of what only served to fuel an impending civil war. They furthered an inability to rid the nation of the menace of slavery which opposed core moors of the American experiment, the sanctity of personal freedom and the family.

February 27, 1860 – Abraham Lincoln Delivers Cooper Union Address, Sits for Portrait Believed to Solidify First Republican Presidency
On February 27, 1860, a regional politician named Abraham Lincoln gave the Cooper Union address in New York City. On the same day, Lincoln sat for a portrait by photographer, Mathew Brady. Lincoln claimed those two events made him the first Republican president which led to the end of slavery in the United States.

April 12, 1861 – Battle of Fort Sumter, Civil War Begins
President Abraham Lincoln sent supplies to garrisons for the troops, but on April 12, 1861, Confederates turned the supply convoy back to the Union garrison of Fort Sumter in the seceded state of South Carolina. Shots were fired on Fort Sumter, starting the Civil War. More states would secede, not wishing to participate in the fight in the war fought across the country, and returned to the Union after the northern armies won the war.

May 20, 1862 – President Abraham Lincoln Signs the Homestead Act
The Homestead Act of 1862 encouraged development of farming on land as homesteads for western expansion. Heads of households could receive up to 160 acres to farm for five years, or purchase the land after six months. If homesteaders were unable to farm successfully, the land would go back to the government to be offered again to another homesteader. Pro-slavery groups feared a homestead act would give more power to anti-slavery families moving to new territories of privatized land that could become free states, so they fought passage. 

July 2, 1862 – President Abraham Lincoln Signs the Morrill Act Establishing Land-Grant Colleges
In 1862, President Abraham Lincoln signed legislation sponsored by Congressman Justin Morrill intended to increase higher education across America. Per congressional delegation, 30,000 acres would be provided and the land sold by the states to fund public colleges specifically to train on agriculture and machinery. The act entitled “An Act Donating Public Lands to the Several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” was also known as the Land-Grant College Act. The Second Morrill Act passed to expand  grants for black institutions for the segregated South. Future acts would offer higher education grants in more fields of study.

September 17, 1862 – Battle of Antietam Prompts Emancipation Proclamation and Ends Potential European Intervention in Civil War
A battle fought in a single day as part of an effort to preserve the Union, the Battle of Antietam also known as the Battle of Sharpsburg, in Northern Virginia, provided a huge breakthrough giving President Abraham Lincoln enough of a victory needed to sign the Emancipation Proclamation several days after the battle ended. Made effective in 1863, the Proclamation led to the total abolition of slavery and applied to Southern states rebelling against freedom for slaves, an even greater part of the war by end of the Battle of Antietam. It also prevented involvement in the Civil War by Europeans many of whom opposed slavery.

July 4, 1863 – Vicksburg Surrenders, Completes Anaconda Plan to Encircle the South
The Anaconda Plan of the Civil War, crafted by U.S. General-in-Chief Winfield Scott, was designed to split and defeat the Confederacy by closing in on the coasts east and south, control the Mississippi River, then attack from all sides. Union Major General Ulysses S. Grant pressed through to take Vicksburg, Mississippi, get the final Confederate strongholds and control the Mississippi River. President Abraham Lincoln believed taking Vicksburg was the key to victory. The Battle at Vicksburg would be the longest military campaign of the Civil War. Vicksburg was surrendered on July 4, 1863.

July 22, 1864 – Fall of Atlanta, Assurance of President Abraham Lincoln’s Re-election
In the Battle of Atlanta with the first surprise attack on July 22, 1864, General William T. Sherman was determined to take Atlanta, Georgia. Important to the Confederacy, Atlanta was a railroad hub, political, manufacturing and economic area; Savannah was a major sea port. By the battle’s end, Atlanta Mayor James Calhoun surrendered Atlanta to General Sherman who captured the city on September 2, 1864 after a long campaign for the area from May to September. The Battle of Atlanta boosted support for President Abraham Lincoln who was reelected on November 8, 1864.

April 9, 1865 – Confederate General Robert E. Lee Surrenders at Appomattox, Ends Civil War, Begins Healing of the Nation
At Appomattox Court House on April 9, 1865, Confederate General Robert E. Lee surrendered his army to General Ulysses S. Grant, bringing the Civil War lasting from 1861-1865 to a close. President Abraham Lincoln spoke of “malice toward none and charity for all” to “bind up the nation’s wounds.” Victory by the North would bring the end to slavery to begin living out the nation’s declaration that all men are created equal, and should be free. Satisfied with the terms of surrender between Grant and Lee that would help strengthen unity, the nation could begin reconciliation and healing.

April 15, 1865 – President Abraham Lincoln Assassinated, Changes Postwar Politics
Only five days after the surrender of Confederate General Robert E. Lee’s surrender at Appomattox, ending the Civil War, President Abraham Lincoln was assassinated in a theater in Washington, D.C. John Wilkes Booth, a Confederate supporter, shot the president succumbed to his wounds the next day. President Andrew Johnson took Lincoln’s place, and was less supportive of Lincoln’s anti-slavery policies, diluting the abolition of slavery Lincoln envisioned. Johnson was in favor of policies that further disenfranchised free blacks, setting political policies that would weaken the nation’s unity.

December 6, 1865 – Thirteenth Amendment Ratified, Abolishing Slavery
Shortly before the Civil War’s end, the Thirteenth Amendment, to abolish slavery, was passed in Congress January 31, 1865 then finally ratified December 6, 1865. The Thirteenth Amendment states “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.” President Abraham Lincoln so wanted to ensure slavery’s end that he strongly advised the constitutional amendment, one that would also help further sound an alarm concerning division the institution of slavery brought on the nation.

September 5, 1867 – First Texas Cattle Shipped From Abilene
The Chisholm Trail, named after trader and freight hauler, Jesse Chisholm, runs from Texas to Kansas. Cattle drivers would use the trails started by Chisholm, no longer used once railroads were built in Texas. Cattle, introduced to the United States by early explorers from Spain and England or indirectly by way of Mexico, became more in demand after the Civil War, and where railheads were available. In 1867, cattle dealer Joseph McCoy began looking for a way to get Texas cattle to market. When the first herd of cattle arrived in Abilene in August, the first shipment of cattle left for Kansas September 1867 via rail.

October 18, 1867 – Signing of the Alaska Treaty, The Alaska Purchase
Explorers found the region of Alaska rich in natural resources, with particular interest to fur traders. Russian settlement grew, but in 1859, Russia offered to sell Alaska to the United States hoping the U.S. could quell effects of Russia’s greatest Pacific rival, Great Britain. After the Alaska Treaty of purchase was approved by the Senate and signed by President Andrew Johnson, the sale of Alaska by Russia to the U.S. was finalized October 18, 1867. The purchase ended Russia’s presence in North America ensuring the United States’ access to the Pacific north rim. Alaska is known as “The Last Frontier” of the United States.

  • October 18, 1867: Signing of the Alaska Treaty, The Alaska Purchase by David J. Shestokas,  Attorney and Former Illinois State Prosecutor; Author of Constitutional Sound Bites, Creating the Declaration of Independence and Cápsulas Informativas Constitucionales, the only Spanish language book explaining America’s Founding Documents.

May 10, 1869 – Golden Spike Completes Transcontinental Railroad, Unites America
Finally connecting east and west of the United States, a ceremonial golden railroad spike was driven in Promontory Summit, Utah where the Union Pacific and Central Pacific railroads met, signifying the finished project. Completion of the transcontinental railroad connecting the coasts relieved westward travelers of long, dangerous wagon journeys. The Pacific Railroad Act of 1862 for public land would help get the transcontinental line completed. Laying about 2,000 miles of track, the project brought major expansion for the United States, and helped to civilize America’s Western frontier.

March 1, 1872 – Yellowstone Becomes First National Park, Begins Park System
In March 1872, President Ulysses S. Grant signed the Yellowstone Act of 1872, also known as the Yellowstone National Park Protection Act, to protect public lands as designated national parklands. Doubt arose regarding advisement of designating land for parks when much of the current goal was to expand economic development in as much of American territory as possible for timber, minerals and other natural resources for expansion. The designation of parklands averted private development. Upon establishing Yellowstone as the first national park, the idea of preserving such lands for enjoyment spread across the country.

February 14, 1876 – Alexander Graham Bell Files Patent for Telephone
Alexander Graham Bell was the son of Visible Speech developer, Melville Bell. After teaching at a school for the deaf in Massachusetts, Alexander realized Morse’s telegraph was a good start and designed one that worked like a telegraph and record player together, allowing speech between two parties. With continued efforts, Bell filed his patent for the development of a working telephone that transferred vibrations magnetically to a distant instrument that received a replicated sound. Filed February 14 and awarded March 7, 1876 as a patent on Improvement on Telegraphy, controversy surrounds timing of Bell’s submission.

June 25-26, 1876 – Battle of Little Bighorn
In 1868, treaties between the Indian tribes and the United States were formed in attempts to prevent conflicts and force Indians to give up lands and move to reservations in the west, but the 1868 Treaty of Fort Laramie meant to protect Indian access to the Black Hills, was broken by miners seeking gold. Fought near the Little Big Horn River in Montana, June of 1876, the Battle of Little Bighorn represented cultural differences between Indian tribes of the Lakota Sioux, Northern Cheyenne, Arapaho, and the agricultural and industrial culture of the United States. Known as the Sioux Wars, the battles were fought over control of Western territory. The Indians won the Battle of Little Bighorn, killing General George Custer and all of his troops, but disputes over territory continued.

March 2, 1877 – President Rutherford B. Hayes Electoral Compromise, Southern Reconstruction Ends
Once elected president, Hayes set clear lines in southern policy to eliminate political acts of violence against blacks, and ensure the Civil War amendments protecting their freedoms would be effective. However, the Compromise of 1877 would gain election for Hayes without interference by Democrats if Hayes agreed to pull federal troops from the South. The result would be Democrat control over the South, ending Reconstruction. In a time when the Democratic Party controlled Congress and Republican President Rutherford B. Hayes wanted Reconstruction to solidify more fairness and freedom for blacks in the South, including integrity in elections, his efforts seemed productive, but hampered by the compromise.

August 12, 1877 – Thomas Edison Invents Phonograph
Thomas Alva Edison completed work on his first phonograph model in August 1877. While working to improve the telegraph transmitter, he noticed the telegraph machine tape made sounds when running at high speeds. He reasoned putting a needle on the diaphragm of a telephone receiver might make small holes in the tape by piercing it slightly and record sound. He tried applying a hard point to a tinfoil cylinder that, when spun, played back a sample message, “Mary had a little lamb.” He filed for the patent December 24, 1877 and received it February 19, 1878. The industry of recorded sound would develop from Edison’s phonograph.

November 4, 1879 – Thomas Edison Files Patent for Electric Light Bulb
Thomas Alva Edison is credited with 1, 093 patented inventions. Among the most famous are the phonograph, moving picture camera, and incandescent light bulb. With a team of scientists and technicians, Edison tried thousands of theories in attempts to design a long-lasting electric light for a better solution to candles, gas and lighting oils. After working to improve upon prior designs others had tried for many years, he finally found that by using a carbon filament, it worked for a long-burning light. He made further improvements, then filed for a patent November 4, 1789. His patent for the incandescent light bulb was received January 27, 1880.

December 29, 1890 – Wounded Knee Massacre, Also Known as the Battle of Wounded Knee
After the Battle of Little Bighorn, conflict remained. Concern spread about the Ghost Dance movement of the Sioux Indians who believed gods were angered because they did not keep with their traditions, but that a Ghost Dance would protect their customs. As the movement grew, Chief Sitting Bull was arrested by U.S. troops and killed. By December 29, 1890 near Wounded Knee Creek, Chief Big Foot heard about Sitting Bull and moved his people to the Pine Ridge Reservation in South Dakota. By December 29, 1890, Big Foot among approximately 300 Sioux and 25 soldiers died. The massacre ended the Ghost Dance movement and was the last of the Indian Wars.

February 15, 1898 – Battleship Maine Blows Up, Leads to Spanish-American War, America Enters the World Stage
Tensions were mounting between the United States and Spain, sending the battleship Maine to Cuba to protect America’s interests. The U.S.S. Maine was one of the first American battleships, and exploded while in Cuba’s Havana harbor February 15, 1898. Of the 354 crew members, over 260 perished. It is assumed the ship experienced a fire on its own, but an investigation revealed the explosion was caused by a mine though explorers were unsure of the mine’s origin. Subsequently, war was declared against Spain the following April with victory for the U.S. in the Spanish-American War setting America’s future role in foreign policy.

December 17, 1903 – Wright Brothers Make First Powered Aircraft Flight
Brothers Orville and Wilbur Wright, aviation pioneers, began testing a glider near Kitty Hawk, North Carolina in 1900. They tested over the next few years to be sure the wing, frame, and steering systems worked. The manned flight on December 17, 1903 was accomplished in a self-propelled, gasoline-powered aircraft with a propeller. After many trials, the two pilots received a patent for their “flying machine” or “Wright Flyer” on May 22, 1906. After the first flight in 1906 that focused on aerodynamics, proving successful their use of design methods including three-axis control, the Wright brothers made a public flight in 1908.

April 8, 1913 – Seventeenth Amendment Ratified, Direct Election of Senators
In 1788, as the United States Constitution was adopted, senators would be elected by state legislatures to protect the states from the federal government increasing its own power. Problems related to the election of senators later resulted in lengthy senate vacancies. A popular vote movement began as a solution, but it failed to consider importance of separation of powers as designed by the Framers to protect liberty and maintain stability in government. The popular vote was an attempt to hamper the more deliberative body that is the United States Senate, and succumb to the more passionate, immediate will of the people, so on April 8, 1913, the Seventeenth Amendment to the U.S. Constitution was adopted.

August 15, 1914 – Panama Canal Opens
In June 1902, the U.S. Senate passed the Spooner bill to authorize construction of a canal through Panama. In 1903, the United States aided a revolution to help Panama gain independence from Columbia, establishing the Republic of Panama. Before the first world war, all ocean travel between the Atlantic and Pacific Oceans had to route dangerous passages around southern South America. Completed August 15, 1914, the Panama Canal offered a waterway through the isthmus of Panama connecting the oceans, creating fifty miles of sea-level passage. The canal was recognized as one of the seven wonders of the modern world by the American Society of Civil Engineers.

March 3, 1917 – Germany Admits to Authoring the Zimmermann Telegram,  America Enters World War I
The United States found out through British intelligence that a telegram sent by German Foreign Minister Arthur Zimmermann was an attempt to start an alliance with Mexico and Japan in case the United States joined World War I. It was an effort to try and regain southwestern states Mexico lost in the Mexican War of 1846-1848. At first, some thought the message was to pressure the United States into the war. However, by March 3, 1917, Zimmermann confirmed his telegram’s purpose, and America was then set against Germany for certain ensuring entry of the United States into World War I.

August 18, 1920 – Nineteenth Amendment Ratified, Women Gain Right to Vote
Meeting in Seneca Falls, New York in 1848, Elizabeth Cady Stanton, a national leader for women’s suffrage, along with Lucretia Mott, was joined by Susan B. Anthony known as the mother of women’s suffrage, and whom the amendment is named after as the “Susan B. Anthony Amendment.” These ladies worked to engage the public and lobby Congress for women to vote. First introduced in Congress in 1878, the constitutional amendment was ratified August 18, 1920, and signed by Secretary of State, Bainbridge Colby on August 26, 1920. Decades in the making, the Nineteenth Amendment to the United States Constitution finally passed, guaranteeing women the right to vote, also known as women’s suffrage.

September 3, 1928 – Philo Farnsworth Transmits First Electronic Television Broadcast
An admirer of inventors Bell, Edison, and Einstein’s theories, scientist and inventor Philo T. Farnsworth designed the first electric television based on an idea he sketched in a high school chemistry class. He studied and learned some success was gained with transmitting and projecting images. While plowing fields, Farnsworth realized television could become a system of horizontal lines, breaking up images, but forming an electronic picture of solid images. Despite attempts by competitors to impede Farnsworth’s original inventions, in 1928, Farnsworth presented his idea for a television to reporters in Hollywood, launching him into more successful efforts that would revolutionize moving pictures.

October 29, 1929 – Black Tuesday, Stock Market Crash
From 1927, investors saw the economy booming and many bought stocks on credit believing quick sales of those stocks would yield easy returns. By 1929, the American economy was growing rapidly, business investments with it, appearing unlimited. People sold their stocks quickly and values fell fast. This downturn was the major crash that brought on what was called Black Monday on October 28, 1929, then into October 29, Black Tuesday, with a complete fallout. The stock market continued to plunge and could not recover. The crash was blamed on too rapid growth causing a bubble of overvalued stocks. The economy slowed but the stock market did not show it. The more people sold their stocks to regain losses, the more the market declined bringing a loss of confidence in investing.

March 4, 1933 – President Franklin D. Roosevelt Inaugurated, Begins “Hundred Days” Government Expansion
While the stock market crash of 1928 was credited with spurring the Great Depression, it did so in part. President Herbert Hoover made efforts to repair banking problems and restore stability with government intervention worsened by the New Deal programs implemented by President Franklin D. Roosevelt. Unfortunately, hopes for the New Deal’s Hundred Days of government control proved to shrink opportunities for the market to recover on its own. Instead of supporting market protections to stabilize, as America’s Founders envisioned, New Deal programs including court-packing prolonged the Depression, stifling options for investments or lasting consumer confidence for developing industry.

December 7, 1941 – Japan Attacks Pearl Harbor, America Enters World War II
On the morning of December 7, 1941, Japanese planes bombed Pearl Harbor, the United States naval base in Oahu, Hawaii, with a surprise attack. The planes fired upon the base for almost two hours. Over 2,400 Americans died, another 1,000 plus injured, service members and civilians. The U.S. Pacific fleet was destroyed. Japan wanted imperial expansion, continually in conflict with the United States and over Chinese markets and Asian policy. On December 8, President Franklin D. Roosevelt called on Congress to declare war on Japan, describing the attack on Pearl Harbor as “a date which will live in infamy.” The attack marked the United States entrance into World War II.

August 6, 1945 – America Drops Atomic Bomb on Hiroshima, Nuclear Age Begins
During World War II (1939-1945), the United States dropped an atomic bomb over Hiroshima, Japan, leaving an enormous mushroom cloud and massive destruction on August 6, 1945. President Harry Truman advised using the bomb to quickly end the war. The United States was working to develop an atomic weapon begun by the U.S. Army Corps of Engineers with the Manhattan Project, and had warning that Nazi Germany was working on nuclear options. The bombing wiped out most of Hiroshima. Similar was done over Nagasaki soon after. It is believed around 70,000 died initially and total deaths were at least 200,000 including later casualties from radiation and related illnesses. On August 14, Japan surrendered.

June 24, 1948 – Beginning of Berlin Airlift, Cold War Begins
After the bombings on Japan, the Cold War stage was set, ignited by deteriorating relations between the United States and the communist Soviet Union. When Germany was defeated by the end of World War II in 1945, it was divided into occupations by the United States, Britain, France and the Soviet Union. On June 24, 1948, Soviet and communist leader Josef Stalin attempted to control East German land by cutting off routes to drive allied nations out of Berlin, the capital of Germany. The blockade was pushback against America and Britain for impeding Russian involvement in Germany’s economic plans. The United States airlifted food and other supplies by plane to people in West Berlin, as President Harry Truman wanted to avoid another world war. The Soviet blockade and attempt to isolate and starve the people of Berlin failed, but the Cold War persisted.

December 2, 1948 – Whittaker Chambers Exposes Alger Hiss as a Spy With Pumpkin Papers
Subpoenaed in August 1948 by the House Un-American Activities Committee (HUAC) in Congress, Whittaker Chambers, on December 2, 1948, revealed two rolls of undeveloped microfilm hidden in a hollowed-out pumpkin on his Maryland farm, thus the name “Pumpkin Papers.” The microfilm contained evidence that Chambers would present against Alger Hiss, Communist Party member, who was later convicted in 1950 for perjury about being a spy for the Soviets. The evidence showed that Hiss passed papers with information to Chambers for delivery to the Soviets. Chambers had been involved with the Communist Party, but left it, realizing the truth about Josef Stalin and his Soviet regime of communist tyranny.

June 25, 1950 – North Korean Forces Invade South Korea, Korean War Begins
By the end of World War II, Korea, formerly controlled by Japan, was divided into North Korea that ended up supported by the Soviet government under communism and South Korea supported by the United States under a capitalist government. The United States made efforts to contain communism after World War II, but unrest over the spread of communism by the Soviet Union remained, including in Asia. Attempts to unify North and South Korea were failing and on June 25, 1950, North Korea invaded South Korea. The United States entered the Korean War with resolve to prevent communism from infecting peace gained at home and abroad.

June 19, 1953 – Rosenbergs (Spies) Executed
Julius Rosenberg of New York became an engineer stationed at the Army Signal Corps Engineering Laboratory in New Jersey during World War II. Reports showed the Soviet Secret Police asked him to steal classified American plans for a guided missile system. His wife Ethel had her brother, David Greenglass, who was stationed at the Los Alamos National Laboratory in New Mexico, steal information on American nuclear bomb plans for a Soviet spy. Accused of leading a spy ring to sell classified government secrets regarding the atomic bomb to the Soviet Union, Julius and Ethel Rosenberg, devoted to the Communist Party, were tried and found guilty of espionage. Appeals failed. They were executed for their crimes on June 19, 1953.

June 19, 1865 – Juneteenth, Commemoration of the End of Slavery in the United States
After President Abraham Lincoln’s Emancipation Proclamation in 1863, on June 19, 1865, Union soldiers in Galveston, Texas, with Major General Gordon Granger leading, announced that the Civil War had ended, the slaves were free and slavery had been abolished in America. The observance and celebration of Juneteenth, named for the date of June 19, 1865, is the oldest national commemoration marking the end of slavery of black people in the United States.

  • Juneteenth – A Poem by Noah Griffin, America 250 Commissioner; Founder and Artistic Director, Cole Porter Society

May 17, 1954 – Brown v. Board of Education
Five cases about segregated schools were eventually consolidated into the landmark Supreme Court case, Brown v. Board of Education of Topeka, Kansas in attempts to stop segregation of black and white students not only in schools, but segregation in general. On May 17, 1954, Supreme Court Justice Earl Warren delivered the unanimous ruling that segregation was not “separate but equal,” and was unconstitutional. The case brought attention to needed growth of desegregation in the following years, and influenced the Civil Rights Movement resulting in the Civil Rights Act of 1964 that banned segregation in all public facilities, and the Voting Rights Act of 1965 outlawing voting restrictions based on race.

June 29, 1956 – President Dwight D. Eisenhower Signs Federal-Aid Highway Act to Establish Interstate System
When Dwight Eisenhower was a lieutenant colonel in the United States Army, he was part of a convoy traveling across the United States on the nation’s old roads. During World War II, Eisenhower learned of the Reichsautobahn system in Germany. These events inspired him to design a highway system in the United States for the interest of American citizens and national defense. As president of the United States, a top priority for Eisenhower was to have Congress authorize the Federal Aid Highway Act signed into law June 29, 1956. Known as the Dwight D. Eisenhower National System of Interstate and Defense Highways, it makes up about 47,000 miles of highway in every state and Puerto Rico.

July 30, 1956 – President Dwight D. Eisenhower Signs Law Establishing “In God We Trust” on Currency
While speaking on June 14, 1954, Flag Day, President Dwight D. Eisenhower talked about the importance of reaffirming religious faith in America’s heritage and future, that doing so would “constantly strengthen those spiritual weapons which forever will be our country’s most powerful resource, in peace or in war.” In 1864 during the Civil War, the phrase “In God We Trust” first appeared on U.S. coins. On July 30, 1956, “In God We Trust” became the nation’s motto as President Eisenhower signed into law a bill declaring it along with having the motto printed in capital letters on every United States denomination of paper currency.

October 4, 1957 – USSR Launches Sputnik, Shocks U.S. Into Space Age
The Soviet Union launched a new satellite on October 4, 1957 that turned out to be the first successful technological, scientific development of its kind. A small satellite, called Sputnik, with shape and size likened to that of a beach ball weighed less than 200 pounds and took about an hour and a half to orbit the earth. The new satellite also brought with it notice of new political and military developments. Following the Sputnik launch, concerns increased regarding Soviet ability to launch ballistic missiles capable of carrying nuclear weapons. The Sputnik satellite was a surprise to the world, marked the beginning of the space age, and the space race, especially between the United States and the Soviet Union.

October 28, 1962 – Cuban Missile Crisis Ends, Affects U.S. Policy for Decades
The Cuban Missile Crisis of 1962 was a confrontation during the Cold War between the United States and the Soviet Union. It resulted in Soviet General Secretary Nikita Khrushchev making an agreement with Cuban premier Fidel Castro to place nuclear missiles in Cuba. Before Khrushchev’s October 28, 1962 statement saying the Soviet missiles would be dismantled and removed, on October 22, to avert nuclear war, President John F. Kennedy directed a “quarantine” to prevent a nuclear offensive against Western nations to ensure Cuba would not be used as a launch site for a Soviet attack admonishing “Our goal is not the victory of might but the vindication of right – not peace at the expense of freedom, but both peace and freedom, here in this Hemisphere and, we hope, around the world. God willing, that goal will be achieved.”

May 7, 1964 – President Lyndon B. Johnson Speech Launches Great Society Government Expansion
After years of war and loss of President John F. Kennedy, President Lyndon B. Johnson wanted to carry out some of the plans President Kennedy envisioned, and help restore the nation. In a speech at Ohio University May 7, 1964, the Great Society idea first presented by President Johnson started as social reform for education, poverty, civil rights, and others. Some commended it, but others resented the amount of government intrusion in Americans’ lives including encroachment on personal liberty and parental rights, roles of charities and churches to be taken over by government control. Many viewed the results as having cost more than delivered, only creating enormous bureaucracies rather than lasting, effective solutions. 

July 2, 1964 – President Lyndon B. Johnson Signs Civil Rights Act of 1964
President Lyndon B. Johnson signed the Civil Rights Act of 1964 on July 2, a  law banning segregation in public places and discrimination based on race, color, national origin, or religion or sex. The South opposed earlier attempts at civil rights legislation, but advances were finally made. Not long before his assassination in 1963, President Kennedy proposed stronger legislation and said the nation “will not be fully free until all its citizens are free.” After lengthy Democrat filibuster in the Senate, the bill was finally passed 73-27 and sent to the desk of President Johnson.

August 7, 1964 – Gulf of Tonkin Resolution and the Vietnam War
Congress passed the Gulf of Tonkin Resolution on August 7, 1964 authorizing President Lyndon B. Johnson to take any measures necessary to promote international peace and security in southeast Asia. This act led to the first major military escalation by the United States in the ongoing war: Operation Rolling Thunder in February 1965. This was an important move, as it led to a sharp rise in U.S. casualties, anti-war protests, rise of the New Left including identity politics, and other social reforms.

August 6, 1965 – President Lyndon B. Johnson Signs Voting Rights Act of 1965
President Lyndon B. Johnson went further on the Civil Rights Act of 1964 by urging Congress to pass the Voting Rights Act of 1965 which guaranteed African Americans the right to vote. The bill made illegal any restrictions on the local, state or federal levels that denied blacks their right to vote. It was designed to ensure the Fifteenth Amendment on voting rights could not be hindered. Though voting by blacks was still challenged or ignored especially in Southern states, signed by President Johnson on August 6, 1965, their voter turnout increased and blacks were able to speak up about voting illegal restrictions and become more involved in American civic opportunities.

July 20, 1969 – U.S. Lands on Moon, Wins Space Race
“That’s one small step for man, one giant leap for mankind.” Astronaut Neil Armstrong spoke those words after being the first man to step onto the moon’s surface July 20, 1969. From Cape Kennedy (formerly Cape Canaveral) July 16, 1969, Neil Armstrong, Apollo 11 mission commander with Edwin “Buzz” Aldrin, lunar module pilot, and Michael Collins, command module pilot, left on the Apollo 11 mission lunar module Eagle to complete the first moon landing and return to earth, a national goal set by President John F. Kennedy in 1961. Following World War II, the space race became a competition for technology to show superiority and the greatest military strength. The winner would impact sustaining of the free world.

August 9, 1974 – Richard M. Nixon Resigns as President, Ending Watergate Scandal
What became known as the Watergate scandal involved a break-in, to track phone conversations, of the Democrat National Committee in the Watergate building in Washington, D.C. Initial arrests in 1972 led to further indictments in the Nixon administration. Avoiding impeachment, on August 8, 1974, Richard M. Nixon announced he would resign as president of the United States and formally left office on August 9. In efforts to heal and keep the nation focused, the new president, Gerald R. Ford, pardoned President Nixon. While others committed similar acts attempting to gain election in political campaigns prior to Watergate, the American people would spurn such behavior as unacceptable by either party.

April 30, 1975 – Fall of Saigon – America Losing Cold War Until Ronald Reagan Elected President
The Vietnam War ended when the capital of non-communist South Vietnam, Saigon, fell to the Communists. This occurred shortly after Congress cut off aid to South Vietnam, over the objections of the Ford Administration. The triumph of the Communist regime in Vietnam was one of the most important victories for its main ally, the Soviet Union, in the Cold War with the United States.

November 4, 1979 – Iranian Hostage Crisis Begins
Iranians entered the United States Embassy in Tehran, a province of Iran, November 4, 1979 capturing 66 people, the total released January 20, 1981. They were held 444 days. The Iranian hostage crisis started under already strained relations when President Jimmy Carter allowed the Shah of Iran into the United States for medical treatment, sparking further protests and ultimately the taking of hostages in Iran. Iranians saw the Shah as a brutal dictator and America as approving of his actions by helping him. The hostage crisis formed a solid view by America, influencing United States foreign policy to this day, that the Islamic Republic is a defiant regime that mocks international law and universal moral principles.

  • November 4, 1979: The Iranian Hostage Crisis Begins by Scot Faulkner, Served as Chief Administrative Officer, U.S. House of Representatives and as a Member of the Reagan White House Staff; Financial Adviser; President, Friends of Harpers Ferry National Historical Park

November 4, 1980 – President Ronald Reagan Elected, Modern Conservatism Ascends to Preserve Individual Freedom
With losses from the New Deal policies, Cold War, Iranian hostage crisis and other issues weakening national stability, America’s confidence wore thin. The November 1980 presidential election would bring knowledge Ronald Reagan gained into America’s need for economic strength, national security and leadership on the world’s stage. Reagan’s Hollywood and military career not only helped him be known as “The Great Communicator,” but, more importantly, set in motion Reagan’s ability to address the corrosive effects of Socialist and Communist activism. Upon election of Reagan as president, conservatism grew and the United States began to recover.

November 9, 1989 – Berlin Wall Torn Down, End of Cold War, America Wins
In 1982, President Ronald Reagan noted threats due to enormous power of the modern state, how history teaches dangers of government overreach, how political control taking precedence over free economic growth using secret police and mindless bureaucracy stifle individual excellence and freedom. He observed it in Soviet leader Mikhail Gorbachev’s forced socialism. President Reagan, though some U.S. successes were in place, envisioned bolder strategies for “peace through strength” vital to win the Cold War that would last from the end of World War II in 1945 to 1991 when the Soviet Union dissolved. On November 9, 1989, President Reagan stood at the Berlin Wall challenging Gorbachev “Mr. Gorbachev–tear down this wall!” Margaret Thatcher said of the result that “Reagan won the Cold War without firing a shot.”

August 2, 1990 – Persian Gulf War (Operation Desert Shield and Operation Desert Storm) Begins
August 2, 1990 began Iraq’s invasion of Kuwait followed by the United States response in the form of the 1990-1991 Persian Gulf War (Operation Desert Shield/Desert Storm), a major force deployed under the direction of President George H.W. Bush to stop President Saddam Hussein’s brutal aggression against freedom of the people of Kuwait. On January 15, 1991, Operation Desert Shield became Operation Desert Storm and was America’s largest post-Vietnam War military deployment which not only changed the way Americans perceived the United States in the world at the end of the Cold War, but also set the stage for the future war on terror and the international stage today.

September 11, 2001 – Islamic Terrorists Attack New York City and Washington, D.C.
On September 11, 2001, 19 Islamic terrorists from Saudi Arabia and other Arab nations hijacked four airplanes to attack the United States. They flew two planes into the World Trade Center in New York. Another hit the Pentagon near Washington, D.C., and the fourth was taken back by American heroes and crashed into a field in Pennsylvania. Nearly 3,000 people were killed with many more, including first responders, suffering from related illnesses after. President George W. Bush stated “Any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime.” When the Taliban refused to cooperate, Operation Enduring Freedom launched on October 7, 2001 in Afghanistan, plus other counterterrorism measures, to defeat Osama bin Laden, Al-Qaeda and all associated terrorists in the global war against terrorism.

March 23, 2010 – President Barack H. Obama Signs Affordable Care Act
The Patient Protection and Affordable Care Act signed into law by President Barack H. Obama on March 23, 2010 had humanitarian intentions to expand healthcare insurance coverage and Medicaid eligibility, lessen growth of Medicare payments, and increase other taxes. The new law mandated, or forced, purchase of individual healthcare controlled by the government. However, problems the law created included cancelling competitive health care insurance that worked for many, replacing them with taxpayer funded health plans at higher costs with limited care and coverage that did not fit especially for the cost. Surrounding arguments included constitutionality of forcing Americans to buy insurance, calling it an unconstitutional tax and socialized medicine.

Conclusion

 

Guest Essayist: James D. Best

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“Governments are instituted among Men, deriving their just powers from the consent of the governed.” —Declaration of Independence

In 1776, the world was ruled by royalty. Then some upstart colonialists penned the most revolutionary document in the history of man. The Declaration of Independence flipped the world upside down. The Divine Right of Kings became the consent of the governed. The individual was now “endowed by their Creator with certain unalienable Rights.” This was a world-shattering concept.

The people were now in charge. Our national heritage is a written constitution that sets the rules for governance between the people and their elected representatives. When Pilgrims landed at Plymouth, they almost immediately sat down and wrote a constitution called the Mayflower Compact. When our forefathers wanted independence, they felt a need to express their grievances and philosophy of government in a written Declaration of Independence.  At the time of the Constitutional Convention, all thirteen states had written constitutions.

Prior to the United States Constitution, monarchies wielded general power, and since the Founders had just escaped a monarchy, they would give their national government only defined powers. If a specific power was not expressly listed in the Constitution, then that power remained with the people who could further delegate powers to the state through a state constitution.

Nebraska Constitution

Nebraska was admitted to the union after the Civil War, on March 1, 1867, based on the organic law of 1866. Nebraska adopted their constitution on June 12, 1875, eight years after becoming a state.

The preamble reads, “We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the Constitution of the State of Nebraska.”

The Nebraska preamble diverts from the United States Constitution preface by calling out “Almighty God” and putting rights ahead of the “frame of government.” Nebraskans gave priority to rights, both in the preamble and organization of the document. The United States Constitution did not initially include a bill of rights and never directly referenced God. (Ratification, however, depended on a promise to immediately amend the Constitution with a list of rights.)

After amendments, the Nebraska State Constitution has the following characteristics:

  • Nebraska legislature is unicameral and nonpartisan. (Unique in the United Sates)
  • Limited to 49 seats. (Smallest legislature in United States.)
  • The legislature is part-time and pays $12,000 per year. Some contend that this make it difficult to find good candidates. Many must drive long distances in bad weather or find temporary lodging in Lincoln. As a result, legislators tend to be wealthy or retired.
  • Nebraska allows a split in the state’s allocation of electoral votes in presidential elections. (Maine is the only other state.) Since 1991, two of Nebraska’s five votes are awarded to the winner of the statewide popular vote and three go to the candidate with the highest vote in each congressional district.
  • The Nebraska Legislature can override the governor’s veto with a three-fifths majority. (36 states require a two-thirds vote)
  • Nebraska has amended their Constitution to provide for an initiative and referendum process. Nebraska’s initiative and referendum process can add or change law or amend the state constitution. Twenty-six states allow for initiatives or referendums and only sixteen states allow for constitutional initiates.

The Nebraska Constitution has been amended 228 times. On November 6, 1934, an amendment converted the legislature to unicameral. Georgia, Pennsylvania, and Vermont were originally unicameral, but all three switched to bicameral in the early nineteenth century. There were no unicameral legislatures in the United States until Nebraska switched. The amendment also reduced the number of legislators from 133 to 43 (since increased to 49).

What are the ramifications?

According to Patrick J. O’Donnell, long-time clerk of the Unicameral Legislature, the nonpartisan nature of the state’s legislative body remains apparent in several meaningful ways.

Legislative officers and committee chairs are elected by members themselves instead of appointed by partisan caucus leaders, and minority party members still do get elected to serve as committee chairs.

O’Donnell says that policy debates frequently tend to be less partisan in tone because of the unique nature of the Nebraska Unicameral and that final decisions are usually made on the merits of an issue rather than on the basis of political considerations alone.

Seventy-four years after its inception, the Nebraska Unicameral remains one-of-a-kind among U.S. state legislatures. O’Donnell says that other states have frequently visited Nebraska over the years to study the workings of the Unicameral, but so far at least, no other state has followed Nebraska’s lead. *

The Nebraska legislature generally has more power than other state legislatures. The unicameral nature removes an internal legislative check and the small size gives each member more authority than their counterparts in other states. Additionally, to override a governor veto requires only 60% of the legislature, rather than the 67% required for a two thirds majority.

The Nebraska Constitution is not controversial and state residents seem content with it. The only current issue deals with the wording of Section I-1, which reads, “There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.” A 2020 ballot measure will eliminate the potential of slavery as punishment for crime. Nebraska does not use chain-gangs, so the change will have no practical effect.

The United States Constitution 10th Amendment reads, “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.” Many believe that powers not defined in the Constitution are reserved to the states. They forget the last two words of the amendment. State power, like national power, is delegated by the people to the respective governments within our federal system.

Politicians may need occasional reminders that all governmental power resides with the people.

*       Council of State Governments, A legislative branch like no other

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

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Reserved To The States-Boundaries On The Federal Government For The Flourishing Of The American People

Constituting America’s Ninth 90-Day Study on State and Local Government

Preface: The Tenth Amendment to the United States Constitution reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The amendment’s purpose is intended to strengthen the Founders’ resolve that each American maintains ownership of the United States government on every level, and to which each entrusts a position of leadership among its elected. In this way, the American people remain free to govern themselves through leaders they choose. The U.S. Constitution, Federalist Papers among other founding discussions, displays how the smaller governing bodies magnify local control each American citizen must keep. This control within agreed upon, respective state constitutions ensures governing remains surrendered to the American people and not surrendered by the American people to an unreachable federal level that cannot be checked or replaced by each citizen who put it there. The 2019 Constituting America 90 Day Study on State and Local Government expounds upon the gravity of that which makes America thrive due to strict limits of its federal governing powers, directing attention to the true holders of America’s power, her people, and consent of the governed that results in a flourishing United States.

Condensed Table of Contents

  • Introduction
  • States and Their Constitutions: History Surrounding Admission of Each New State to the Union
    • First States – The Thirteen Original Colonies After the American Revolutionary War and Constitutional Convention (1787)
    • New States and the American Industrial Revolution (1791)
    • Westward Expansion (1803)
    • Admission of States, and the Civil War (1861-1865)
  • A Growing United States to World War I (1914-1918), the Great Depression and New Deal to the Gulf War (1990-1991)
  • Statewide Leadership and Representation
  • County and City Leadership, and Representation
  • Judges: State, County and City Judiciary
  • Funding State and Local Government
  • Elections: State, County and City
  • Contemporary Issues in State and Local Government
  • Conclusion

Detailed Table of Contents With Links to Essays as They Are Published

Introduction – History and constitutional background of American Founders’ and Framers’ views on local governments for a strong, free, prosperous United States

Tenth Amendment to the United States Constitution – Purpose for limited federal powers and what the amendment means for state and local government; Bill of Rights as “a Line drawn as clearly as may be between the federal Powers vested in Congress and the distinct Sovereignty of the several States upon which the private and personal Rights of the Citizens depend.” – Samuel Adams

Federalist 45 on Connection of the States to the Federal Level – “…each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them.” – James Madison

States and Their Constitutions: History Surrounding Admission of Each New State to the Union

Religious Freedom and Early State Constitutions – Meaning of, and how early state constitutions worked regarding religious freedom and the First Amendment

State Constitutions? – Why would each state need a constitution when we have the United States Constitution? What it would mean for the states to be run by their citizens rather than royal rule

 First States – The Thirteen Original Colonies After the American Revolutionary War and Constitutional Convention (1787) 

1 – Delaware – December 7, 1787 

As the Constitutional Convention came to a close in Philadelphia, America’s founding representatives signed the United States Constitution on September 17, 1787. Then, the first of the thirteen original states to ratify (approve, endorse, accept, formally confirm, validate, sign) the new U.S. Constitution, which replaced the Articles of Confederation, was Delaware, signing on December 7, 1787. This signing admitted (entered, received statehood) Delaware, known as “The First State,” to the United States December 7, 1787. The current Delaware State Constitution in use was adopted in 1897

2 – Pennsylvania – December 12, 1787

Birthplace of independence and the United States Constitution. “The Keystone State,” Pennsylvania is second of the thirteen original states to ratify the U.S. Constitution and enter the United States. The Pennsylvania State Constitution currently in use was adopted in 1968

3 – New Jersey – December 18, 1787

Third of the thirteen original states to ratify the U.S. Constitution and join the United States, “The Garden State” of New Jersey entered the United States December 18, 1787. The New Jersey State Constitution in use today was adopted in 1948

4 – Georgia – January 2, 1788

Georgia is fourth of the thirteen original states to ratify the U.S. Constitution to join the United States of America January 2, 1788. Georgia joined the Confederacy January 19, 1861. The Georgia State Constitution that is the latest version and currently in use was adopted in 1983. Georgia is known as “The Peach State” or “Empire State of the South.”

  • Georgia on My Mind by Martha Zoller, Policy Advisor, Office of the Governor, Brian Kemp; Political Pundit; Former Congressional Candidate, Georgia

5 – Connecticut – January 9, 1788

Fifth of the thirteen original states to ratify the U.S. Constitution, Connecticut was admitted to the United States January 9, 1788. The Connecticut State Constitution currently in use was adopted in 1965, and is known as “The Constitution State.”

6 – Massachusetts – February 6, 1788

“The Bay State,” Massachusetts, is sixth of the thirteen original states to ratify the U.S. Constitution and thus be admitted to the Union of the United States. The Massachusetts State Constitution adopted its current one in use was adopted in 1780

7 – Maryland – April 28, 1788

Maryland is the seventh state admitted to the United States, ratifying the U.S. Constitution April 28, 1788. The current Maryland State Constitution in use was adopted in 1867. Maryland is known as the “Old Line State.”

Secession – Reasons and consequences for states seceding from the Union; strength of America and why states do not secede today

8 – South Carolina – May 23, 1788

The eighth state to ratify the U.S. Constitution, South Carolina, was admitted to the United States May 23, 1788. It was also the first state to secede from the Union. The current South Carolina State Constitution was adopted in 1896. South Carolina is known as “The Palmetto State.”

9 – New Hampshire – June 21, 1788

Known as “The Granite State,” New Hampshire was ninth of the thirteen original states to ratify the U.S. Constitution, admitting it to the Union June 21, 1788. The New Hampshire State Constitution in use today was adopted in 1783. Article VII of the U.S. Constitution says nine states would be sufficient to ratify and officially make the U.S. Constitution law of the land. New Hampshire was the ninth and final state needed to accomplish this official ratification which ended government under the Articles of Confederation

10 – Virginia – June 25, 1788

“Old Dominion” as Virginia is known, was tenth of the thirteen original states to ratify the U.S. Constitution, admitting it to the Union June 25, 1788. The Virginia State Constitution in current use was adopted in 1971; the Virginia Constitution of 1776 compared to the MA Constitution of 1780

11 – New York – July 26, 1788

Eleventh of the thirteen original states to ratify the U.S. Constitution, New York was admitted to the Union July 26, 1788 and is known as “The Empire State.” The current New York State Constitution was adopted in 1895

12 – North Carolina – November 21, 1789

Twelfth of the thirteen original states to ratify the U.S. Constitution, North Carolina, “The Tar Heel State,”  was admitted to the United States November 21, 1789. The North Carolina State Constitution currently in use was adopted in 1971

13 – Rhode Island – May 29, 1790

Last of the thirteen original states to ratify the U.S. Constitution, Rhode Island was admitted to the Union May 29, 1790. The Rhode Island State Constitution in current use was adopted in 1986. Rhode Island is known as “The Ocean State.”

  • Rhode Island: The Small Colony That Solidified the United States by Kyle Scott, Ph.D., Board of Trustees, Lone Star College System; Professor of Political Science, University of Houston; Author of The Limits of Politics: Making the Case for Literature in Political Analysis, and The Federalist Papers: A Reader’s Guide

Admitting States to the Union – Article IV, Section 3 on entry of new states to the Union, and how the U.S. Constitution protects each state individually and as a whole nation; all of the original thirteen states except Rhode Island sent delegates to the 1787 Constitutional Convention to complete the new U.S. Constitution that includes Article IV; the Northwest Ordinance

New States and the American Industrial Revolution (1791)

14 – Vermont – March 4, 1791

On March 4, 1791, Vermont, known as “The Green Mountain State” was the first admitted to the Union after the U.S. Constitution was ratified by the original thirteen colonies. The current Vermont State Constitution in use was adopted in 1793

15 – Kentucky – June 1, 1792

Known as “The Bluegrass State,” Kentucky is the fifteenth state to enter the Union, having ratified the U.S. Constitution June 1, 1792. The current Kentucky State Constitution in use was adopted in 1891

  • Crafting Constitutions in the Commonwealth of Kentucky by James C. Clinger, Professor of Political Science; Director, Master of Public Administration Program, Department of Political Science and Sociology, Murray State University, Kentucky, and Michael W. Hail, Professor of Government, School of Public Affairs; Assistant Dean and Director of the Statesmanship Center, Morehead State University, Kentucky

16 – Tennessee – June 1, 1796

Tennessee entered the Union as the sixteenth state, having ratified the U.S. Constitution June 1, 1796. “The Volunteer State” currently uses its latest version of the Tennessee State Constitution adopted in 1870

Westward Expansion (1803)

17 – Ohio – March 1, 1803

The seventeenth state to enter the Union, known as “The Buckeye State,” Ohio ratified the U.S. Constitution on March 1, 1803. The current Ohio State Constitution in use was adopted in 1851

18 – Louisiana – April 30, 1812

Known as “The Pelican State,” Louisiana was the eighteenth admitted to the United States, ratifying the U.S. Constitution April 30, 1812 just before the start of the War of 1812. The current Louisiana State Constitution in use was adopted in 1975; Louisiana Purchase, territory history prior to the statehood

  • Louisiana and the Clash of Empires by Tony Williams, Author of five books including Washington and Hamilton: The Alliance that Forged America; Senior Teaching Fellow, Bill of Rights Institute; Constituting America Fellow

19 – Indiana – December 11, 1816

The U.S. Constitution ratification date of December 11, 1816 marks Indiana as the nineteenth state to enter the Union. The Indiana State Constitution currently in use was adopted in 1851. Indiana is known as “The Hoosier State.”

20 – Mississippi – December 10, 1817

“The Magnolia State” of Mississippi is the twentieth admitted to the Union, having ratified the U.S. Constitution December 10, 1817. The current Mississippi State Constitution in use was adopted in 1890

21 – Illinois – December 3, 1818

Admitted to the Union December 3, 1818, Illinois is the twenty-first state to ratify the U.S. Constitution. Known as “The Prairie State,” the Illinois State Constitution adopted in 1970 is the version currently used

22 – Alabama – December 14, 1819

The December 3, 1818 ratification of the U.S. Constitution by Alabama brought the twenty-second state into the Union. “The Heart of Dixie” currently uses the Alabama State Constitution adopted in 1901

23 – Maine – March 15, 1820

Known as “The Pine Tree State,” Maine is the twenty-third to enter the Union, doing so by ratifying the U.S. Constitution on March 15, 1820. The current Maine State Constitution in use was adopted in 1820

24 – Missouri – August 10, 1821

“The Show-Me State” of Missouri ratified the U.S. Constitution August 10, 1821 making it the twenty-fourth state to join the United States. The Missouri State Constitution currently in use was adopted in 1945

Founders’ Vision for Keeping the States Strong, United, and Free – Thomas Jefferson’s 1798 Nullification in the Kentucky Resolution, how it contributed to John Calhoun’s 1830s Nullification, acts showing how each state has a duty and right to question and determine if federal laws exceed constitutional limits on federal powers, obstructing state sovereignty

25 – Arkansas – June 15, 1836

Twenty-Fifth of the growing United States to be added was Arkansas, known as “The Natural State.” The current Arkansas State Constitution in use today was adopted in 1874

26 – Michigan – January 26, 1837

Michigan, known as “The Wolverine State,” was admitted to the United States January 26, 1837 making it the twenty-sixth to ratify the U.S. Constitution. The current Michigan State Constitution in use was adopted in 1963

27 – Florida – March 3, 1845

On March 3, 1845, Florida, “The Sunshine State,” ratified the U.S. Constitution admitting it to the Union as the twenty-seventh state. The adopted 1968 Michigan State Constitution is the version in use today

28 – Texas – December 29, 1845

The “Lone Star State” of Texas ratified the U.S. Constitution on December 29, 1845 making it the twenty-eighth to enter the Union. The Texas State Constitution currently in use was adopted in 1876

29 – Iowa – December 28, 1846

The U.S. Constitution ratified by Iowa on December 28, 1846 admitted “The Hawkeye State” as the twenty-ninth to enter the Union. The 1857 Iowa State Constitution is the adopted version currently in use

  • The Path to Iowa Statehood by Tom Morain, Director of Government Relations, and Former Professor of History, Graceland University; Past Administrator, The State Historical Society of Iowa; Author and Award-Winning Historian

30 – Wisconsin – May 29, 1848

Thirtieth to join the United States, Wisconsin, known as “The Badger State,” ratified the U.S. Constitution May 29, 1848. The Wisconsin State Constitution currently in use was adopted in 1848

  • “On Wisconsin!” by Val Crofts, Social Studies Teacher, Wisconsin; Member, U.S. Semiquincentennial Commission

31 – California – September 9, 1850

Ratifying the U.S. Constitution September 9, 1850, California, known as “The Golden State,” was the thirty-first admitted to the United States. The California State Constitution adopted in 1879 is the version currently in use; the Mexican War and Compromise of 1850

32 – Minnesota – May 11, 1858

Minnesota ratified the U.S. Constitution May 11, 1858 making it the thirty-second to join the United States. The current Minnesota State Constitution in use today was adopted in 1857. Minnesota is known as “The North Star State.”

33 – Oregon – February 14, 1859

Joining the Union February 14, 1859 by ratifying the U.S. Constitution, Oregon became the thirty-third state. Currently in use is the Oregon State Constitution ratified in 1857, and adopted in 1859 once Oregon became a state

Admission of States, and the Civil War (1861-1865)

34 – Kansas – January 29, 1861

“The Sunflower State,” as Kansas is known, ratified the U.S. Constitution January 29, 1861 as the thirty-fourth admitted to the United States. Prior to the start of the Civil War and eight states having just seceded, Kansas was admitted as a free state; Bleeding Kansas; The Kansas State Constitution currently in use was adopted in 1861

  • Bleeding Kansas and Four Constitutions by Tony Williams, Author of five books including Washington and Hamilton: The Alliance that Forged America; Senior Teaching Fellow, Bill of Rights Institute; Constituting America Fellow

35 – West Virginia – June 20, 1863

Admitted June 20, 1863 by ratifying the U.S. Constitution, West Virginia became the thirty-fifth state. It is known as “The Mountain State” with the West Virginia State Constitution in current use adopted in 1872

36 – Nevada – October 31, 1864

The thirty-sixth state admitted to the Union was Nevada, having ratified the U.S. Constitution October 31, 1864. “The Silver State,” as it is known, currently uses the Nevada State Constitution adopted in 1864

37 – Nebraska – March 1, 1867

March 1, 1867 ushered in the thirty-seventh state, Nebraska, to ratify the U.S. Constitution and join the United States. The Nebraska State Constitution in use today was adopted in 1875. Nebraska is known as “The Cornhusker State.”

Bill of Rights, State and Local Government – How the Bill of Rights was aimed at the federal government because states had their own bills of rights; Barron v. Baltimore (1833) supports this until the Fourteenth Amendment, ratified in 1868

38 – Colorado – August 1, 1876

Colorado, “The Centennial State,” ratified the U.S. Constitution August 1, 1876, making it the thirty-eighth state to enter the Union. The year 1876 also marks adoption of the Colorado State Constitution in use today

39 – North Dakota – November 2, 1889

Ratifying the U.S. Constitution November 2, 1889, North Dakota was admitted to the Union as the thirty-ninth state. Known as “The Peace Garden State,” it uses the North Dakota State Constitution adopted in 1889

  • North Dakota: Constitution to Statehood by Kimberly K. Porter, Professor of History, University of North Dakota; and Dr. Donna K. Pearson, Associate Dean of Student Services and Assessment, Professor, College of Education and Human Development, University of North Dakota

40 – South Dakota – November 2, 1889

The “Mount Rushmore State” of South Dakota, on the same day as its northern counterpart, ratified the U.S. Constitution November 2, 1889 making it the fortieth to enter the United States. Plus, in the same year of 1889, the South Dakota State Constitution in use today was adopted

41 – Montana – November 8, 1889

Entering the Union as the forty-first state, Montana ratified the U.S. Constitution November 8, 1889 and is known as “The Treasure State.” The current Montana State Constitution in use was adopted in 1973

42 – Washington – November 11, 1889

Washington, known as “The Evergreen State,” became the forty-second to ratify the U.S. Constitution, admitted to the Union November 11, 1889. The Washington State Constitution was adopted in 1889 and is the version in use today

Modern State and the Capacity for Political Liberty of Citizens to Participate in Civil Governance –Debate on ‘overseas empire’ and its implications for federalism as structured within the U.S. Constitution

  • The Frontier Closes: Foreign Policy and the Status of the States (Part 1) by William Morrisey, William and Patricia LaMothe Chair in the United States Constitution, Hillsdale College; Constituting America Fellow; Author, Self-Government, The American Theme: Presidents of the Founding Civil War; and The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government
  • The Frontier Closes: Foreign Policy and the Status of the States (Part 2) by William Morrisey, William and Patricia LaMothe Chair in the United States Constitution, Hillsdale College; Constituting America Fellow; Author, Self-Government, The American Theme: Presidents of the Founding Civil War; and The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government

43 – Idaho – July 3, 1890

Known as “The Gem State,” Idaho ratified the U.S. Constitution July 3, 1890 admitting the forty-third state to the Union. The Idaho State Constitution currently use today was adopted on the same day as the state’s admission to the Union, July 3, 1890

44 – Wyoming – July 10, 1890

July 10, 1890 marks the admission of Wyoming as the forty-fourth state to ratify the U.S. Constitution and join the United States. Known as “The Equality State,” it currently uses the Wyoming State Constitution adopted in 1889

45 – Utah – January 4, 1896

Utah makes the forty-fifth state to ratify the U.S. Constitution, admitting it to the Union January 4, 1896. Utah became known as “The Beehive State” and currently uses the Utah State Constitution adopted in 1896

  • Utah: Unique Among States by Brad Bergford, Chief Executive Officer, Colorado Family Action and Colorado Family Action Foundation

46 – Oklahoma – November 16, 1907

Forty-sixth to ratify the U.S. Constitution was “The Sooner State,” Oklahoma, thus admitting it to the United States. The Oklahoma State Constitution adopted in 1907 is the current version used today 

47 – New Mexico – January 6, 1912

Admitted to the United States January 6, 1912, New Mexico became the forty-seventh state to ratify the U.S. Constitution. The New Mexico State Constitution used today is the version adopted on the same day as its statehood, January 6, 1912. New Mexico is known as “The Enchanted State.”

48 – Arizona – February 14, 1912

“The Grand Canyon State” of Arizona became the forty-eighth and last of the contiguous states to enter the Union, ratifying the U.S. Constitution February 14, 1912. The Arizona State Constitution in use today was adopted in 1912

  • Arizona: Born Angry by Sean Beienburg, Assistant Professor, School of Civic & Economic Thought and Leadership; Project Director, Living Repository of the Arizona Constitution, Arizona State University

A Growing United States to World War I (1914-1918), the Great Depression and New Deal to the Gulf War (1990-1991)

49 – Alaska – January 3, 1959

Known as “The Last Frontier,” Alaska was the forty-ninth to ratify the U.S. Constitution and be admitted to the United States. The Alaska State Constitution currently in use was actually ratified in 1956 before Alaska entered the Union, and went into effect upon statehood January 3, 1959

50 – Hawaii – August 21, 1959

The last and fiftieth state to enter the Union, “The Aloha State” of Hawaii, ratified the U.S. Constitution August 21, 1959. The Hawaii State Constitution adopted in 1959 is the version in use today

Territories of the United States – Major territories of the U.S. include American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands; history surrounding types of territories or commonwealths connected to the United States; how the Organic Act establishes a U.S. territory and its governance; purpose and difference between remaining a territory or obtaining statehood

State Capitals and State Capitols – Importance of state capital cities and their respective state capitol buildings where legislatures meet; significances even in design and construction offering symbols of America’s history with separate places for the house, senate, governor and state judiciaries as reminders of the separation of powers in every level of government from federal to local as envisioned by America’s Founders and Constitution Framers

Washington, D.C. – February 21, 1871

While not a state in the Union, Washington, D.C. was founded July 16, 1790 and serves as the nation’s capital. The name is derived from America’s first president, George Washington, who selected the location. The federal district is named for Christopher Columbus, and officially the nation’s capital became the District of Columbia on February 21, 1871; the Twenty-Third Amendment to the United States Constitution provides D.C. ability to participate in the Electoral College

Statewide Leadership and Representation

Form of Government – Purpose and impact of Article IV, Section 4 of the U.S. Constitution in that “The United States Shall guarantees to every state in the Union a Republican Form of Government” – How the republican (representative) styles such as Commission Form, County Administrator, Elected Executive, City-County Consolidation, Constitutional Row Offices or Home Rule Authority ensures power remains in the hands of each American, preventing a monarchy or aristocracy in each state and local government

Governor – Role and purpose of a state governor

State Representatives and Their House Speakers, and State Senators – Purpose and functions of house and senate chambers on the state level of representation; how the senate (upper chamber) is smaller than a state house of representatives (lower chamber), yet each senator represents more people than the representatives; role of state house speakers versus the lieutenant governor as president of the senate on the state level.

State Legislatures – History and purpose of state legislatures, and in relation to Congress regarding legislative sessions

  • How State Legislatures Work in American Government (Part 1) by James C. Clinger, Professor of Political Science; Director, Master of Public Administration Program, Department of Political Science and Sociology, Murray State University, Kentucky, and J. Drew Seib, Professor of American Politics and Research Methods at Murray State University, Kentucky.
  • How State Legislatures Work in American Government (Part 2) by James C. Clinger, Professor of Political Science; Director, Master of Public Administration Program, Department of Political Science and Sociology, Murray State University, and J. Drew Seib, Professor of American Politics and Research Methods at Murray State University.

Secretary of State – Role and purpose for the secretary of state or commonwealth of the states; history, and as compared to the Secretary of State of the United States

Attorney General – Role and purpose for attorneys general of the states; history, and as compared to the Attorney General of the United States

County and City Leadership, and Representation

“All Politics is Local” – The view that “all politics is local” and why; purpose for the amount of local governments that exist such as counties, municipalities, towns and townships, special districts and school districts within the United States; effects of sparse versus dense geographic areas represented, urban versus rural for effective, constitutional representation

  • “All Politics is Local” by Scot Faulkner, Served as Chief Administrative Officer, U.S. House of Representatives and as a Member of the Reagan White House Staff; Financial Adviser; President, Friends of Harpers Ferry National Historical Park

County Leadership – Elected and appointed county roles; purpose and impact of county boards, county executives, county managers, assessor, treasurer, supervisor, commissioners; history and development of counties and their governance, functions of the county seat; how some are airport hubs, for example, and maintain other significant functions different from city government; relationship to state level leadership for local management of statewide issues

City Leadership – Elected and appointed city roles; purpose of city council and impact of local city councils, city managers, administrators and other municipal, legislative bodies; role of a mayor, and significance in how states differ regarding the mayoral role as compared to other elected seats; how in some states a city mayor may carry significant power as compared to that of the governor; examples such as Mayors Robert Moses or Rudy Giuliani of New York City and how each, in his service, affected not only the city but the entire state

Home Rule or Dillon Rule? – Meaning, purpose and impact of “Home Rule” or “Dillon Rule” authority, how each works for local government in comparison to state; initiative and referendum, delegation and management to make and implement local policy decisions as made by voters and local leadership

Judges: State, County and City Judiciary

Lower Courts – How local judiciary systems work; lower courts from state supreme to municipal that sit below the United States Supreme Court

State Supreme Courts – How state supreme courts work in relation to the United States Supreme Court; how America’s Founders intended the nation’s judiciary would serve as lower than, and not superior to, the legislative branch in order only to function as interpreter and not maker of law; Alexander Hamilton in Federalist 78, “The interpretation of the laws is the proper and peculiar province of the courts.”

Judicial Finality and Effects on State and Local Government – Reconsidering Judicial Finality, an essay by Louis Fisher from his book on Reconsidering Judicial Finality and the Supreme Court, with an emphasis on state and local effects

  • Judicial Finality: Is There a Final Word on Constitutional Issues? by Louis Fisher, Scholar in Residence, Constitution Project; Former Senior Specialist in Separation of Powers, Congressional Research Service and Specialist in Constitutional Law with the Law Library of Congress. Author, including the forthcoming, Reconsidering Judicial Finality: Why the Supreme Court is Not the Last Word on the Constitution (University Press of Kansas, spring of 2019)
  • Judicial Finality: Protecting Individual Rights by Louis Fisher, Scholar in Residence, Constitution Project; Former Senior Specialist in Separation of Powers, Congressional Research Service and Specialist in Constitutional Law with the Law Library of Congress. Author, including the forthcoming, Reconsidering Judicial Finality: Why the Supreme Court is Not the Last Word on the Constitution (University Press of Kansas, spring of 2019)
  • Judicial Finality: Correcting Errors by Louis Fisher, Scholar in Residence, Constitution Project; Former Senior Specialist in Separation of Powers, Congressional Research Service and Specialist in Constitutional Law with the Law Library of Congress. Author, including the forthcoming, Reconsidering Judicial Finality: Why the Supreme Court is Not the Last Word on the Constitution (University Press of Kansas, spring of 2019)

Funding State and Local Government

Taxation and the States – Concerns that the Constitution did not explicitly restrain elected officials by specific limitations on the taxing power, then they will use the taxation power to extend the reach of federal government

  • Their Common Defense: Alliance Between the Sovereign States by Gordon Lloyd, Professor of Public Policy, Pepperdine University; National Advisory Council, Walter and Leonore Annenberg Presidential Learning Center, Ronald Reagan Presidential Foundation; Co-author: The Two Narratives of Political Economy

Funding States and Cities: How Dollars Work – Connection to Congress regarding funding of states and municipalities; how taxes, which is how governments have money, work for the United States as a whole and individual states down to the most local levels; what and how from federal, to state, to county, to city gets funded

Funding States and Cities: The Arguments – Why America’s founders wanted limited government; what this means in relation to the ongoing arguments presented by America’s voters and their elected representatives for and against raising and lowering taxes

  • Funding States and Cities: The Arguments (Part 1) by Nicholas Jacobs, Faculty Research Associate, School of Civic and Economic Thought and Leadership, Arizona State University; Assistant Project Director, Living Repository of the Arizona Constitution
  • Funding States and Cities: The Arguments (Part 2) by Nicholas Jacobs, Faculty Research Associate, School of Civic and Economic Thought and Leadership, Arizona State University; Assistant Project Director, Living Repository of the Arizona Constitution

Elections: State, County and City

Apportionment – Population and how it works to affect development of not only congressional representation, but also city, county and state governing bodies, and districts

Down-Ballot – How local elections differ from statewide elections; role and importance of local elections though they tend to receive lower voter turnout

  • Down-Ballot Elections by Scot Faulkner, Served as Chief Administrative Officer, U.S. House of Representatives and as a Member of the Reagan White House Staff; Financial Adviser; President, Friends of Harpers Ferry National Historical Park

Contemporary Issues in State and Local Government

Renewal of American Federalism –An essay on the roots of our nation’s debt and dysfunction today

  • Renewal of American Federalism by Michael Maibach, Managing Director and Board of Trustees, James Wilson Institute on Natural Rights and the American Founding

The Importance of “Clearing Title” to Public Lands – An aspect of protecting property rights and encouraging settlement of western lands

The Federal Government’s “Duty to Dispose” of Public Lands – When states became states, and the federal government’s failure to make good on the agreement

Would the United States Exist Without Borders? – Significance of borders between cities, counties, each state in the Union, and the entire United States

Civil Society and Local Government – Meaning, importance and how free and independent states of America maintain it; civil as related to citizens and their concerns; polite, courteous, well-mannered approach; consequences for failure in relation to solving political concerns and issues today

  • Civil Society and Local Government (Part 1) by William Morrisey, William and Patricia LaMothe Chair in the United States Constitution, Hillsdale College; Constituting America Fellow; Author, Self-Government, The American Theme: Presidents of the Founding Civil War; and The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government
  • Civil Society and Local Government (Part 2) by William Morrisey, William and Patricia LaMothe Chair in the United States Constitution, Hillsdale College; Constituting America Fellow; Author, Self-Government, The American Theme: Presidents of the Founding Civil War; and The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government

Right of the States to Oppose Tyranny – History and importance of the right to petition for a redress of grievances in American government as written in the United States Constitution, First Amendment, “and to petition the government for a redress of grievances”

Battle for Power Between Congress and the States – How to keep the Founders’ intentions for “we the people” who are in charge of their own governing

Conclusion

  • Conclusion: The States and the Union by William Morrisey, William and Patricia LaMothe Chair in the United States Constitution, Hillsdale College; Constituting America Fellow; Author, Self-Government, The American Theme: Presidents of the Founding Civil War; and The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government

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DOLLAR LIMITATION.—The amount of the penalty imposed by this section on any taxpayer for any taxable year with respect to all individuals for whom the taxpayer is liable under subsection (b)(3) shall not exceed an amount equal to 300 percent the applicable dollar amount (determined without regard to paragraph (3)(C)) for the calendar year with or within which the taxable year ends.

There is a reason few legislators read laws before voting. They’re incomprehensible. The above snippet is only sixty-three of nearly four thousand equally confusing words prescribing the individual mandate for the Affordable Care Act. The total bill ran over one thousand pages. Do you blame Justice Antonin Scalia or House Minority Leader Nancy Pelosi for not reading the bill? This is a perfectly awful bill … and that may be the only perfect thing about it.

The ACA was not an anomaly. The Consolidated Appropriations Act, 2018, frequently called the 2018 omnibus spending bill, is 2,232 pages of similarly confusing text. No individual could possibly understand what’s in the bill.

In Federalist 62, James Madison wrote,

“It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow.”

Forget ordinary citizens, how do we get lawmakers to understand pending legislation? The Affordable Care Act was 381,517 words, and that doesn’t count the innumerable referenced laws that would also need to be read for a full understanding. In comparison, our Constitution, the supreme law of the land, is only 4,543 words, which high school students can understand (as demonstrated year after year by Constituting America).

The ACA is only one example. Most legislation today is unintelligible. Congressmen and Senators rely on staff and lobbyists to write and then brief them on the content of laws.

Who benefits from laws “so incoherent that they cannot be understood?” Lawmakers, especially, the leadership. Big, heavy, humongous bills avoid accountability. No individual member of Congress can be saddled with responsibility for a vote disliked by his constituency because dozens of other desirable elements provide camouflage and/or shelter.

Despite calls for regular order, “read the bill” movements, and legislative review-time rules, comprehensive/omnibus style bills keep burying those of us who reside outside the beltway. There is an old axiom that laws are like sausages; it’s better not to see them made. But reverting to a bygone era of relatively responsible lawmaking will be difficult because getting reelected is easier when the proverbial sausage is concealed in a vast vat of stew. Politicians love to obfuscate.

How do we force easy-to-understand laws that lawmakers and law-abiding citizens can comprehend? By insisting Congress pass smaller, single issue bills. In the real world, point solutions are popular because they are doable … and results can be measured. If something needs fixing, focus legislation on the broken part, and leave the rest alone until the new law’s effectiveness can be assessed. If there are multiple broken parts, Congress should avoid a comprehensive redesign that allows everyone to get their fingers into the cookie jar. Address one issue at a time. For spending bills, we need to return to the days when Congress separated the required legislation into six or seven clear packages, and then adhere to strict deadlines for each step of the annual appropriations process.

Every elected legislator professes to agree with the above, but massive comprehensive/omnibus bills have become ever more prevalent. If We the People want simpler, single-issue laws, then pressure must be applied to Congress. We need to keep in mind that Congress feels content with the current process, so we shouldn’t demand some kind of grand solution. The big fix will never happen. Let’s start simple, with a single category of law. The Consolidated Appropriations Act, 2018 provides a perfect opening. The president has stated that he would not sign another omnibus appropriations bill, so voters need to hold him to his promise. Tell lawmakers that we support the president’s pledge. The current spending bill funds the government for the remainder of the fiscal year – through September 30.

How convenient. Mid-term election occur on November 6, a mere six weeks after the next appropriations bill.

Voters need to hold everyone to their word.

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

Guest Essayist: James D. Best

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The Framers interminably debated every little detail of the Constitution. Did they end up getting it right? The Civil War indicates they may have.

Nothing puts stress on government more than war. Especially, a civil war. Superficially, the Confederate Constitution appeared very similar to the United States Constitution. However, there were differences. The Confederate Constitution openly used the word slavery, where the Framers adopted the euphemic, “other persons.” Many of the Framers abhorred slavery and refused to see it referred to outright in the language of the Constitution. The Confederacy made more than semantic changes. In their minds, they corrected errors they felt were decided improperly seventy-three years prior. Some of these, arguably, contributed to the South losing the War for Southern Independence.

In Philadelphia, the Framers argued numerous times over the proper length of term for the president. Some wanted a short term with re-electability, others wanted a long term with no re-electability. The Constitutional Convention settled on a four-year term with unrestricted re-electability, which the Twenty-Second Amendment limited to two terms. The Confederate Constitution adopted a six-year term with no re-electability.

In 1787, most southern delegates to the Constitutional Convention believed the executive should be nonpolitical, so when they had a chance to write their own constitution, they gave the president the liberty to abstain from politicking. With an above-the-fray executive, they then felt comfortable giving the president more power. Under the Confederate Constitution, the president had a line-item veto and Congress, without a two-thirds majority, could not appropriate money unless requested by the president. In essence, this shifted the power of the purse from Congress to the president.

Jefferson Davis never ran for president. He was selected for one six-year term and, for the most part, ignored politics. Davis was an iconic figure for the Confederate cause, while at the same time, the public held Congress in low regard. Davis used the disparity in their respective reputations to neglect Congress. He did not host meals with congressional leaders, provide patronage, help legislative candidates, speak highly of people to the press, or support bills sponsored by powerful legislators. He openly displayed impatience with people who disagreed with him. As an indicator of Davis’ distain for Congress, he wrote, “Now when we require the brains and the heart of the country in the legislative halls of the Confederacy and of the States, all must have realized how much it is otherwise.” A Charleston Mercury reporter wrote, “He regards any question put to him by Congress as a presumptuous interference in matters which do not concern them.”

Lincoln did not have that luxury. The U.S. Congress constantly challenged his war decisions. The Joint Committee on the Conduct of the War, commonly referred to as the War Committee, used oversight powers to wield a potent check on the executive branch. The committee investigated battle defeats, war profiteering, Confederate atrocities, and generally stuck its nose in wherever it wanted. Members often leaked testimony and criticisms to the press, which caused distrust in the War Department and the Union Army. While the Confederate Congress met in secret, the Union Congress broadcast its proceedings at the top of its lungs.

Presidential politicking of congress was one of the great differences between the Union and Confederate governments, but did this affect the outcome of the war? Perhaps, and perhaps significantly.

Lincoln smooched Congress to get legislation passed, appropriations approved, and to garner support for reelection. It may not have felt good to Lincoln at the time, but this constant politicking brought many more minds to the task, built comradery, provided a vent for mistakes, and may have tamped down some ill-conceived moves. The War Committee harangued Lincoln and his cabinet throughout the conflict, but by acting as the catalyst for aggressive debate, the committee may have helped win the war. It certainly caused Lincoln to think long and hard about what needed to be done and how he would get various factions behind his proposed actions.

Near the end of the war, Lincoln won reelection and enjoyed substantial popularity in government and the states that remained in the Union, while the Confederate Congress tried to force President Davis to replace his entire cabinet, stripped him of his commander-in-chief authority, and threatened a vote of no confidence. By this time, of course, a Union victory had become obvious, affecting the respective reputations of the presidents. But Davis has gone down in history as cantankerous, aloof, and averse to taking advice. Perhaps if he had been required to build relationships with the other people in government, the South could have leveraged their early victories to achieve a different outcome.

Did the hyper-political Abraham Lincoln have an advantage over the standoffish Jefferson Davis? Probably. An engaged president knows the thinking of other players and can more easily leverage strengths and mitigate weaknesses. If this be the case, then the Founding Fathers got it right when they settled on a short presidential term with re-electability.

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

Guest Essayist: James D. Best

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In his recent retirement announcement, Paul Ryan said, “It’s easy for it to take over everything in your life.” The Speaker of the House added, “If I am here for one more term, my kids will only have ever known me as a weekend dad. I just can’t let that happen.”

Many find it hard to believe that Ryan would put his family above one of the most powerful positions in our nation’s capital. Most politicians never willingly forego the power that comes from high office. I have no insight into Ryan’s motivations, but in preparation for this article, I interviewed the wife of an eight-term congressman, and she confirmed that public office has an enormous impact on members and their families.

First, the background. Lee Terry represented Nebraska’s 2nd congressional district from 1999 to 2015. Prior to winning a house seat, he had served in Omaha city politics and had a successful law practice. When elected, his two boys were pre-school age. (Their third son was born later.) Neither Lee nor his wife, Robyn, came from wealthy families and they hadn’t accumulated much savings at this point in their careers.

Being a congressperson or senator is like having three jobs that consume every waking moment. There are congressional duties, constituent services in the home district, and near continuous campaigning and fundraising. For the first few months, Lee’s family lived in Omaha, but since he was seldom home, they decided to move to Washington D.C. That didn’t work as expected, so they ended up returning to Omaha. In frustration, they realized that neither location allowed for a normal family life.

When they lived in Omaha, Lee spent his at-home weekends going to meetings and events. The public perception is that when a congressperson is home, they’re on vacation. Not true. The life of a legislator at home is all work, and Lee couldn’t even fly back and forth without other passengers interrupting him as he tried to catch up with his work. Everyone jockeys to meet their legislator, especially when they’re new. During his first three months in office, Lee literally worked until 8:00 PM every night. People wanted to meet with the new congressman, and many wanted the congressman to tour their business. Events from parades to dinners to breakfast get-togethers were constant. Few invites were declined because elections fall every two years and raising campaign money becomes a constant requirement. At first, Lee and Robyn tried to set Sunday aside as a “no touch day”. Then Sunday dinner as a “No touch time.” Neither worked. They needed to line-out time on the schedule for family events, and at times that didn’t work. Weekends became a blur. For the entire sixteen years, home life was rife with interruptions, and no holidays were private except for Christmas. Worse, when they were able to arrange a family outing, everyone felt free to approach Lee to express an opinion, ask for a favor, or merely say hello.

When they moved to Washington D.C., they assumed Lee would be home in the evenings with his wife and young children. Except that he still needed to return to Omaha most weekends, and many of his weeknights included evening events or occasionally votes. Robyn had expected an active social life with other spouses, but it was not as active as she supposed. Only about twenty percent of congressional families live in D.C., and those that did were spread all over the city. Except for friends in the immediate neighborhood, social interaction with other spouses was limited to formal events. Robyn began to feel isolated. Her large cadre of friends and relatives remained in Omaha. She had no relationship or history with local health providers. Then their oldest reached school age and she wanted her son to attend public school with his friends in Omaha.

Moving to D.C. did make Lee’s Omaha-based work easier. He could perform his district duties without trying to balance family life and he felt less guilt about being pulled away from home so often. Despite this positive aspect of living in D.C., they moved back to Omaha.

As children of elected officials get older, they also sacrifice for their parent’s profession. The biggest problem was loss of anonymity, which is very difficult for teenagers. On occasion, they heard criticisms of their father, in the media, at school, or at social gatherings. The boys were also admonished to always behave properly and not get in any newsworthy trouble.

Dealing with reality versus perception presented another challenge. Issues and people in the media are distorted for political purposes. Politicians understand that the opposition will build misperceptions about who they are, what they’re doing, and why they’re doing it. It comes with the territory. But spouses, children, and other relatives must live daily with slanted attacks on one of their beloved family members.

Money presented another sacrifice. Lee’s congressional salary when elected was $136,700. Over the years, he would have done better financially if he had continued to build his law practice. He and his wife understood this when they chose public service, but it still startled them to watch their peers out-earn them so dramatically. Even the rich sacrifice financially because they no longer have the same freedom to direct investments in their field of expertise.

Another popular perception is that when a person leaves Congress, they find abundant opportunities to make piles of money. This is seldom true in their old profession. For example, after an absence of sixteen years, Lee’s professional connections and access to historic resources had diminished. It’s like starting your profession all over again, but now from middle-age.

The two chambers also make different demands on families. Senators have longer terms, which lessens the need for constant campaigning, and they deal with fewer constituent services. Still, even senators are on call at all hours of the day and night.

Although we like to think that anyone can run for office, wealth makes it far more comfortable. Fundraising comes easier, two homes are affordable, travel more private and luxurious, and private schools de rigueur.

Being a congressional family is not all bad, of course. In many cases, the entire family gets to meet the president and other high officials. Children are often familiar with people in the news. A congressperson’s family has access to areas, like the capitol dome, others never see. And, hopefully, there is the satisfaction of knowing you walk in the shadow of giants and have done your best to protect our country and improve the life of its citizens.

Being an elected public official is a difficult lifestyle for both the office holder and his or her family. A thank you might be in order the next time you meet your representative or senator.

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

 

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James Madison wrote, “Ambition must be made to counteract ambition.” He and his fellow delegates enabled this objective by enumerating specific, balanced powers to each branch, and then purposely giving each branch checks on the other branches.

The phrase checks and balances has become so commonplace, it is often spoken as if it were a single word, but in the eighteenth century, the phrase represented two distinctly different concepts. John Adams may have been the first coin the phrase in his 1787 publication, A Defense of the Constitutions of Government of the United States, but balances and checks is the phrase used in The Federalist, and that is the sequence Madison would have thought appropriate. First balance powers between the branches of government, and then place checks on those powers so they may not be abused.

As the first three words of the Constitution assert, the Framers felt the American people should rule the government, not vice versa. Arguably then, congressional checks on the executive are the most important because House members and one-third of the Senate face election every two years, which should keep them attuned to the public mood.

So, what powers and checks did the Framers give Congress to preclude the president from becoming king?

  • The Constitution gives the power to make laws solely to Congress. Constitutionally, the president can only enforce laws made by Congress. Recent history has seen an erosion of this check on executive powers. Congress gave away a good portion of its authority by passing vague laws which allowed the regulatory state to craft the details that determine what is legal and what is against the law. The Congressional Review Act of 1996 allows Congress to overrule an agency regulation, but it must be done within sixty days, and if the president vetoes the overruling, then congress must override the veto. Congress has also failed to curtail the abuse of executive orders that effectively make or alter laws. Stretching the concept of discretionary prosecution also weakened the lawmaking authority of Congress.
  • Congressional power of the purse is the strongest check over the executive. The amount of money Congress appropriates determines what the executive branch can do and how much of it they can do. Congress eroded this power by ceasing to debate and pass individual appropriations bills. Instead, they pass omnibus packages and continuing resolutions, which aggregate spending decisions to obscure accountability.
  • An axiom of Washington is that personnel is policy. Senate approval of appointees remains a potent congressional check on the president. When in disagreement with the president, Congress can withhold or delay approval of the leadership in the executive branch. Since threats to withhold funding have become mainly bluster, approval of appointments has taken on more significance.
  • Foreign policy is an executive prerogative, but the Framers intended senate approval of treaties to check questionable international agreements. Recent use of a “nonbinding agreement” have effectively circumvented this check. A second, obviously weakened congressional foreign policy check is the authority to declare war.
  • Other congressional checks on the president include a veto override provision; approval of appointment to fill a vice presidential vacancy, and a requirement that the president deliver to Congress a State of the Union message. From a practical perspective, these do not seriously impair a president.
  • The ultimate congressional check on the executive is impeachment, but in the nation’s history, there have been only two impeachments and zero convictions.
  • That leaves the most powerful check of all. One that is unmentioned in the Constitution. To make new law, Congress must know how existing law is administered. This requires Congress to examine the operational side of the executive branch. This power is called congressional oversight, and although not enumerated in the Constitution, the Supreme Court has confirmed this implied power on several occasions. Investigative powers may now be the most important congressional check on the executive branch, but even this prerogative has been eroded in recent history by delay, redaction, and defiance of congressional subpoenas. Even a contempt of congress resolution has been brushed aside as little more than an embarrassment.

The Framers knew the country needed a stouter government than the Articles of Confederation provided, but they had only recently fought a war to escape a king and had no intention of reimposing that kind of oppressive power on the new nation. The country needed a stronger government, but not so strong it could override the will of the people. Instead of a Goldilocks government, they balanced power and designed an elaborate set of checks so government could govern adequately, but Lilliputian ropes would harness it from trampling the little people.

Gouverneur Morris, the most frequent speaker at the Constitutional Convention, said, “This magistrate is not the king. The people are the king.” Despite an artful internal design, the Framers intended the ultimate check on the national government and the executive to be the people. The ballot box is still a potent check on runaway power.

Alexander Hamilton said in Federalist 21,

The natural cure for an ill-administration, in a popular or representative constitution, is a change of men.

John Adams wrote,

There is a simple sense in which at every election the electorate hold their representatives to account, and replace those who have failed to give satisfaction. This fundamental check is, we might say, the essence of the liberty to be found in representative government.

James D. Best, is the author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

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The Constitution is comprised of seven articles. Article I defines the powers of the Legislature, Article II defines the power of the executive, and Article III defines the powers of the judiciary. The remaining short articles handle everything that didn’t fit within branch powers.

In the closing days of the Federal Convention, now called the Constitutional Convention, the Committee of Detail delivered twenty-three disjointed sections to the Committee of Style. Gouverneur Morris volunteered to edit the language of the resolutions. He also consolidated the sections, organized the presentation, and prepared a preamble. He wrote with such consummate skill that his words have reverberated through time and distance. Morris took the clumsy and perfunctory preamble from the Committee of Detail and crafted a beloved fifty-two words opening that may be the most important sentence in political history.

Morris cannot take credit for “We the people,” but he can take credit for “We the People of the United States.” The Committee of Detail preamble used “We the people of the States of …” and then listed all thirteen states.

During the convention, Morris argued for a strong executive. Only Alexander Hamilton may have been a stronger nationalist. As the “Penman of the Constitution,” he could have started with executive powers to emphasize the powers of the president. He did not. Why? Four considerations may have led him and the Committee of Style to list legislative powers first.

  1. The Congress under the Articles of Confederation sanctioned the Federal Convention.
  2. The Federal Convention needed Congress to forward the Constitution on to the state ratification conventions.
  3. People would be more comfortable with a strong executive after they saw legislative checks on executive powers.
  4. Congress would be the first branch of the new government. It would validate the election of the president, who would then nominate justices to the Supreme Court.

Congress sanctioned the Federal Convention to recommend amendments to the Articles of Confederation. Instead, the convention invented an entirely new system of government. The convention’s sole claim to legitimacy came from Congress, and they had to get by this same body to ratify the Constitution. Despite popular misperception, the Constitutional Convention did not “ordain and establish” the Constitution. It took independent conventions in each state to accomplish that herculean task. These first two considerations required the Framers to show deference to the old Congress.

Vast presidential powers terrified early Americans. They had first-hand experience with an autocratic executive, and knew from bloody experience that it was difficult to break free from oppressive. The Articles of Confederation were sickly, but a strong president would be hard medicine to swallow. In the design, the Framers insisted on balanced power between the branches, with each branch possessing potent checks on the other branches. Safety through what we call checks and balances. Delegates to the state ratification conventions had not participated in the four months of debate and compromise. This would be all new to them … and the rest of the nation. Legislative checks on the executive might overcome some of the apprehension surrounding a powerful executive.

The Committee of Style completed another vital task. They wrote an audacious letter to Congress that told them how to implement the new government. Not a trivial matter, and in many respects, much like the chicken and egg question. Under these instructions, the sequence of the branches taking oaths of office is the same as listed in the Constitution. The letter states, “the United States in Congress assembled should fix a Day … the Time and Place for commencing Proceedings under this Constitution.” Thus, Congress first. “Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President” And President next, who would then nominate justices for the Supreme Court.

If the three branches are co-equal, then theoretically, it shouldn’t make any difference which branch is described first. Perhaps not for governance, but it made a difference in improving the atmosphere for ratification. The Framers understood that they did not possess the authority to make the Constitution the “supreme Law of the Land.” The Framers believed that power resided solely with the people, and now the people would judge their work. Would they approve? Determined and noisy opposition stood ready on the sidelines, eager to knock down anything that smelled of monarchy. The Framers were politicians. Gifted politicians. They knew the weaknesses of the Articles, the symmetry of the Constitution, and the mood of their countrymen. They took many measures to promote ratification. The sequence of the document may have been one more.

Why is the legislative branch listed first in the United States Constitution? To remove obstacles to ratification, to make acceptance easier, and to facilitate implementation.

Theodore White in his book, In Search of History wrote, “Threading an idea into the slipstream of politics, then into government, then into history… is a craft which I have since come to consider the most important in the world.” This was  the Framers gift … and it is a rare gift indeed.

James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, Lessons From the Origins of the American Republic, and the Steve Dancy Tales.

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INTRODUCTION

Day 1 – Introduction: The United States Congress And Its Place In Constitutional Government – Guest Essayist: Professor William Morrisey

Day 2 – Introduction Part 2: The United States Congress Today – Guest Essayist: Professor William Morrisey

CONGRESS: THE LEGISLATIVE BRANCH

Day 3 – Beginnings of The United States Congress as the Legislative Branch – How and Where Congress Began Meeting, Purpose and Founders’ Vision for a Bicameral Congress – Guest Essayist: Tony Williams

Day 4 – Beginnings of The United States Congress as the Legislative Branch Part 2 – How and Where Congress Began Meeting, Purpose and Founders’ Vision for a Bicameral Congress – Guest Essayist: Marc Clauson

Day 5 – House History – Purpose of the United States House of Representatives as the immediate will of the people and how it differs from the Senate – Guest Essayist: Scot Faulkner

Day 6 – Senate History – Purpose of the United States Senate, known as the upper house, the “cooling factor” or “sober, second thought” as it relates to the United States House of Representatives – Guest Essayists: James Legee

Day 7 – The First Congress meets March 4, 1789, in New York City with a new Constitution in effect during the first Congress of the United States: From 1789 to today; How, when and why Congress convenes – Guest Essayist: Tony Williams

Day 8 – Legislative Branch – Of the three branches of American government: Legislative, Executive, and Judicial as established in the United States Constitution, the most important, Legislative, the branch of the people whose primary role is lawmaking – Guest Essayist: James Legee

Day 9 – Legislative Branch – Why the Legislative Branch is listed first in Article I of the United States Constitution – Guest Essayist: James Best

Day 10 – Form of Government – What it means to have a republican form of government and why this structure mattered to America’s Founders and Framers of the Constitution in Article IV, Section 4 –Guest Essayist: Professor Joerg Knipprath

Day 11 – The Declaration of Independence and the United States Congress – Guest Essayist: Gary Porter

Day 12 – Articles of Confederation – The first written constitution of the United States, lead to the Constitutional Convention of 1787, how the early Congress wanted to represent the people and avoid becoming a tyranny – Guest Essayist: George Landrith

Day 13 – Articles of Confederation – Congress wielded all three powers: Legislative, Judicial, and Executive, that were later separated – Guest Essayist: Dan Cotter

Day 14 – Articles of Confederation – What the Framers thought of the Articles of Confederation and why they did not last – Guest Essayist: Patrick Garry

Day 15 – Bill of Rights – In a letter from Thomas Jefferson to James Madison he writes, “A bill of rights is what the people are entitled to against every government on earth” on designing an effective government that remains in the hands of the American people by placing limits on Congressional governing – Guest Essayist: Andrew Langer

Day 16 – Bill of Rights – Placing Limits on Congressional Governing, Part 2  – Guest Essayist: Gary Porter

Day 17 – Bill of Rights – Placing Limits on Congressional Governing, Part 3– Guest Essayist: Patrick Garry

Day 18 – Bill of Rights – Congressman James Madison addresses the House in 1789 on Amendments to the United States Constitution, and guides the Bill of Rights through the United States House of Representatives – Guest Essayist: Tony Williams

FEDERALIST PAPERS ON CONGRESS

Day 19 – Federalist No. 10 – Political stability v. instability and the necessities for good government in the relationship between American citizens and those among them who serve as members of Congress – Guest Essayist: Richard Wagner

Day 20 – Federalist No. 51 and 53 – The necessities for good government in regards to checks and balances between the branches of government: How the American people hold Congress accountable – Guest Essayist: Joerg Knipprath

Day 21 – Federalist No. 62 and 63 – Powers vested in the Senate, order and soundness of Congress: The Senate as a stable body, for a sense of national character responsible to the people – Guest Essayist: Joseph Knippenberg

Day 22 – Federalist No. 62  – The Structure and Role Of The Senate – Guest Essayist: Forrest Nabors

Day 23 – Federalist No. 63  – The Senate and our National Character – Guest Essayist: Forrest Nabors

THE GREAT DEBATES

Day 24 – Culture of Debates on the House and Senate Floors – How congressional debate has changed throughout the over 200 years of Floor proceedings; importance of decorum and civil debate especially in the Senate – Guest Essayist: Scot Faulkner

Day 25 – Statesmanship and the Great Debates – Daniel Webster, Henry Clay, and John C. Calhoun with distinguished oratory about the Constitution and American Union in the early 1800s – Guest Essayist: Brian Pawlowski

Day 26 – The Great Debates – The Decision of 1789: Separation of powers, and the dispute between Congress and the President on removal of presidential appointees – Guest Essayists: David Alvis and Flagg Taylor

Day 27 – The Great Debates – Alexander Hamilton, Thomas Jefferson and the role of Congress in the creation and constitutionality of the National Bank – Guest Essayist: Joerg Knipprath

Day 28 – The Great Debates – Alexander Hamilton, Thomas Jefferson and the role of Congress in the creation and constitutionality of the National Bank, Part 2– Guest Essayist: Tony Williams

Day 29 – The Great Debates – Congress and the Missouri Compromise of 1820 – Guest Essayist: Daniel A. Cotter

Day 30 – The Great Debates – 1830 Senate speech by Senator Robert Hayne and Daniel Webster’s reply to Robert Hayne’s speech – Guest Essayist: Joerg Knipprath

Day 31 – The Great Debates – 1830 Senate speech by Senator Robert Hayne and Daniel Webster’s reply to Robert Hayne’s speech, Part 2 – Guest Essayist: Joerg Knipprath

Day 32 – Freedom of Speech within Congressional Debates – John Quincy Adams and his epic struggle against the Gag Rule in the 1840s – Guest Essayist: Tony Williams

Day 33 – The Great Debates – Stephen A. Douglas (1813-1861) who served as a congressman and senator from Illinois, was instrumental in the Compromise of 1850 and Kansas-Nebraska Act of 1854; known as “the Little Giant” – Guest Essayist: Daniel A. Cotter

Day 34 – The Great Debates – League of Nations Senate debate of 1919; Wilson, Lodge, and the fight over the Versailles Treaty and congressional prerogative over declaration of war. Woodrow Wilson (1856-1924) from New Jersey served as 28th President of the United States. Henry Cabot Lodge (1850-1924) served as a congressman and senator from Massachusetts – Guest Essayist: Tony Williams

Day 35 – The Great Debates – Entry into WWII and the America First debate – Guest Essayist: James Legee

Day 36 – The Great Debates – The Nineteenth Amendment – Guest Essayist: Cleta Mitchell

Day 37 – The Great Debates Entry into WWII and the America First debate, Part 2 – Guest Essayist: James Legee

Day 38 – The Great Debates – Civil Rights Act of 1964 – Guest Essayist: Daniel A. Cotter

BIOGRAPHIES OF PROMINENT CONGRESSMEN IN AMERICAN HISTORY

Day 39 – John Quincy Adams (1767-1848) – Served as the sixth President of the United States 1825-1829, a Massachusetts congressman and senator – Guest Essayist: Brian Pawlowski

Day 40 – Henry Clay (1777-1852) – Served as Speaker of the House under President John Quincy Adams and senator, from Kentucky, and leader of the Whig party – Guest Essayist: Samuel Postell

Day 41 – John C. Calhoun (1782-1850) – Served as the nation’s seventh Vice President of the United States to Presidents John Quincy Adams and Andrew Jackson, a South Carolina congressman and senator, Part 1 – Guest Essayist: Joerg Knipprath

Day 42 – John C. Calhoun (1782-1850) – Served as the nation’s seventh Vice President of the United States to Presidents John Quincy Adams and Andrew Jackson, a South Carolina congressman and senator, Part 2 – Guest Essayist: Joerg Knipprath

Day 43 – Daniel Webster (1782-1852) – Served as a New Hampshire congressman and senator, and in the Cabinet as secretary of state under Presidents William Henry Harrison and John Tyler; known as “The Great Orator,” Part 1 – Guest Essayist: Joerg Knipprath

Day 44 – Daniel Webster (1782-1852) – Served as a New Hampshire congressman and senator, and in the Cabinet as secretary of state under Presidents William Henry Harrison and John Tyler; known as “The Great Orator,” Part 2 – Guest Essayist: Joerg Knipprath

Day 45 – Thomas Hart Benton (1782-1858) – Served as a congressman and senator; elected in 1820, one of the first two Missouri senators, recognized as a Senate leader for the Presidents Andrew Jackson and Martin Van Buren administrations – Guest Essayist: Ben Phibbs

Day 46 – James G. Blaine (1830-1893) – Served as Secretary of State, appointed by Presidents James Garfield and Benjamin Harrison, a representative and senator from Maine – Guest Essayist: Daniel A. Cotter

Day 47 – Thomas Brackett Reed (1839-1902) – Served as Speaker of the House, a congressman and state senator from Maine; known for “Reed’s Rules” and being a very influential House Speaker – Guest Essayists: Joseph Postell and Samuel Postell

Day 48 – Samuel Rayburn (1882-1961) – Served as a congressman from Texas, Speaker of the House of Representatives – Guest Essayist: Patrick Cox

Day 49 – Howard Worth Smith (1883-1976) – Served as a congressman from Virginia, Rules Committee chairman – Guest Essayist: Bruce Dierenfield

Day 50 – Lyndon Baines Johnson (LBJ) (1908-1973) – Served as 36th President of the United States; Vice President to John F. Kennedy; congressman from Texas, Senate Minority and Majority Leader; known for his progressive “Great Society” programs – Guest Essayist: Daniel A. Cotter

Day 51 – Mike Mansfield (1903-2001) – Served as a congressman, and Senate Majority Leader from Montana – Guest Essayist: James Legee

Day 52 – Robert Taft (1889-1953) – Served as a state representative and United States senator from Ohio; son of President William Howard Taft – Guest Essayist: Tony Williams

Day 53 – Thomas Philip, Jr. (Tip) O’Neill (1912-1994) – Served as a congressman from Massachusetts as Democratic Whip, Majority Leader, and Speaker of the House – Guest Essayist: Daniel A. Cotter

Day 54 – Henry J. Hyde (1924-2007) – Served as a congressman from Illinois, Majority Leader and Chair of the Judiciary Committee – Guest Essayist: Gary Porter

Day 55 – Daniel Patrick Moynihan (1927-2003) – Served as a senator from New York; Democratic Party Leader in Congress – Guest Essayist: Daniel A. Cotter

Day 56 – Newt Gingrich (1943) – Served as a congressman from Georgia, Speaker of the House, and Republican Whip; led the 1994 Contract with America – Guest Essayist: Scot Faulkner

BOOKS

Day 57 – Book: The Challenge of Congressional Representation by Richard F. Fenno, a summary –  Guest Essayist: The Honorable Frank Reilly

REPRESENTATIVE GOVERNMENT

Day 58 – Magna Carta, (The Great Charter), Parliament and the origins of representative Congress – Guest Essayist: Marc Clauson

Day 59 – Holding power accountable: Magna Carta, Parliament, and the origins of representative Congress – Guest Essayist: Scot Faulkner

Day 60 – Virginia House of Burgesses and colonial legislatures as the basis for consent and American self-government – Guest Essayist: Joerg Knipprath

Day 61 – Representative Government – How Congress is designed by America’s Founders so a king could not rule, but instead the American people rule within a civil society – Guest Essayist: James D. Best

Day 62 – Barbara Jordan (1936-1996) – Congresswoman and Judiciary Committee Member from Texas – Guest Essayist: Patrick Cox

Day 63 – “Rule of Law Applies to Congress, Too” – Meaning of the Rule of Law and its importance to the functions of Congress in representing the American people – Guest Essayist: Adam MacLeod

Day 64 – Rule of Law: Accountable, Not Arbitrary, in Regards to Representing the American People – Guest Essayist: Marc Clauson

Day 65 – Rule of Law and Separation of Powers: Preservers of Liberty – Guest Essayist: Richard Wagner

Day 66 – Rule of Law as the Bedrock of American Society – Guest Essayist: Gary Porter

Day 67 – Rule of Law: Do Our Laws Apply to All? Guest Essayist: Gary Porter

CONGRESSIONAL ELECTIONS

Day 68 – Election of Congress – Significance of House and Senate Members elected directly by the people: Congressional districts, population, how the number of constituents affects representation – Guest Essayist: Joerg Knipprath

Day 69 – Election of Congress – Why the election method matters for the stability and continuity of representative government – Guest Essayist: Gary Porter

SPECIAL – Day 70 – A Memorial Day message by Constituting America Founder and Co-chair, Janine Turner

Day 71 – Campaign Finance – Laws related to campaign finance, a history and impact on running for Congress – Guest Essayist: The Honorable Frank M. Reilly

Day 72 – Counting the Personal Cost – Impact that running for elected office, and serving in Congress, has on the members and their families – Guest Essayist: James D. Best

Day 73 – Midterms – What a midterm election involves and why they are important for successful functioning of Congress – Guest Essayist: Scot Faulkner

Day 74 – The Great Compromise of 1787 – Maintained fairness of the bicameral, proportional representation, provided each small state the same voting power as each large state, under the Constitution – Guest Essayist: Robert McDonald

CONGRESSIONAL POWERS AND RESPONSIBILITIES

Day 75 – Federalism – Legislative power of Congress and the state and local levels – Guest Essayist: Patrick Garry

Day 76 – Federalism especially in regards to the Senate, legislative power and the Constitution – Guest Essayist: Andrew Langer

Day 77 – Oversight – Congress and federal bureaucracy – Guest Essayist: Richard Wagner

Day 78 – Budget – How Congress uses its power over the budget to make policy, and the constitutional problems that arise in the budget process – Guest Essayist: Amanda Hughes

Day 79 – Congressional Powers During War – The United States Congress versus the Confederate Congress during the Civil War – Guest Essayist: James D. Best

Day 80 – Congress, Declarations of War and authorization of force and War Powers Act e.g., Korea, Vietnam, Iraq – Guest Essayist: Andrew Langer

Day 81 – Treaty – How treaties have evolved and how Congress must decide on treaties – Guest Essayist: Tony Williams

Day 82 – Separation of Powers, Checks and Balances, and Impeachment: Presidents Andrew Johnson, Richard Nixon, and Bill Clinton – Guest Essayist: Andrew Langer

ROLES IN CONGRESS

Day 83 – Roles of Speaker of the House, President of the Senate, House and Senate Majority and Minority Leaders, and Whip, for an effective Congress (Part 1) – Guest Essayist: Amanda Hughes

Day 84 – Roles of Speaker of the House, President of the Senate, House and Senate Majority and Minority Leaders, and Whip, for an effective Congress (Part 2) – Guest Essayist: Amanda Hughes

Day 85 – Congressional Aides: How staff who assist members of Congress help them understand bills – Guest Essayist: Scot Faulkner

RULES IN CONGRESS

Day 86 – Rules of the United States House of Representatives and Senate – History and purpose of how rules are decided – Guest Essayist: Amanda Hughes

LEGISLATIVE PROCESS

Day 87 – Length of Legislation – Why bills have grown significantly in length over the history of the United States Congress – Guest Essayist: Marc Clauson

Day 88 – Germane – What should and should not be placed in a bill to keep legislation easy to understand and appropriate – Guest Essayist: James D. Best

Day 89 – Ideas of Liberty – The spirit that enabled a people to transform their ideas of liberty into a new concept of constitutional government for a free people – Guest Essayists: W. David Stedman and LaVaughn G. Lewis

Day 90 – Introducing Legislation – Where do ideas for bills come from? – Guest Essayist: Amanda Hughes

Day 91 – Committee Process – Purpose and process of legislative committees in the House of Representatives and Senate – Guest Essayists: Joe Postell and Sam Postell

Day 92 – Constitutional Muster – Hearings and the Committee Process – How representative government happens during committee hearings – Guest Essayist: Scot Faulkner

Day 93 – From Committee to the Floor for a Vote – Role of the American people in the congressional committee process – Guest Essayist: Amanda Hughes

Day 94 – Will They Agree? When legislation must go to a conference committee after the House and Senate – Guest Essayist: Amanda Hughes

Day 95 – Sign or Not Sign Into Law? Getting a bill from introduction in Congress to the President’s desk: How easy should it be? – Guest Essayist: Gary Porter

Day 96 – How a Bill Becomes Law – Guest Essayist: Amanda Hughes

SPECIAL – Happy Independence Day! Read the Declaration of Independence With Your Family and Friends! – by Constituting America Founder and Co-chair, Janine Turner

GRIDLOCK IN CONGRESS

Day 97 – Gridlock – Why Congress is so contentious, and how the clash over views in heated debates by opposing sides can pave the way for, or destroy passage of good laws – Guest Essayist: Richard Wagner

Day 98 – Partisanship and Violence in Congress – The caning of Charles Sumner (1811-1874) who served as a senator and abolitionist from Massachusetts – Guest Essayist: George Landrith

Day 99 – Revolt of 1910 against House Speaker Joseph Cannon (1836-1926) whose powers as House Speaker were removed in 1910. Cannon, a congressman from Illinois, also served as Conference Chair – Guest Essayist: Joseph Postell and Samuel Postell

Day 100 – Filibuster – History of the filibuster, today as used only by the Senate, its purpose and effects on the legislative process – Guest Essayist: Frank Reilly

Day 101 – Transformation of the Parties – How the Democratic and Republican parties have changed throughout the history of the United States, and the effects on Congress – Guest Essayist: Tony Williams

CONTEMPORARY ISSUES

Day 102 – Congress and the rise of the progressive administrative state – Guest Essayist:  Marc Clauson

Day 103 – Direction of power, Congress, and the rise of the progressive administrative state – Guest Essayist: Patrick Garry

Day 104 – Role of Congress as representative government and the rise of the progressive administrative state – Guest Essayists: Joe Postell and Samuel Postell

Day 105 – Lobbying – The influence of lobbyists on the old system, when political bosses were in charge; and now, when candidates need campaign dollars – Guest Essayist: Amanda Hughes

Day 106 – Technology – Impact made on and by Congress from ink and quill to use of electronic voting, the Internet, and televised Floor proceedings – Guest Essayist: Scot Faulkner

Day 107 – Press – How media coverage affects the legislative process – Guest Essayist: Amanda Hughes

Day 108 – Concluding Essay: The Old Senate – Guest Essayist: William Morrisey

 

The 2000 presidential election came down to who won Florida. Twenty-seven days after the election, the presidency remained undecided. Surrogates for George W. Bush and Al Gore clashed in a close-quarters fight that seemed to have no end.  Both parties persisted and refused to yield. The media filled nearly every broadcast moment and column inch of newsprint with the maneuvers and shenanigans of both parties. The pursuit of minutia, gossip, and a major scoop drove wall-to-wall reporting of the countless twists, turns, and skirmishes.

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District of Columbia v. Heller provided clarity to a long and quarrelsome debate about the application of the Second Amendment. The crux of the case was whether the right to “keep and bear arms” was an individual right or a collective right associated with regulated militias. The Supreme Court (5-4) ruled the Second Amendment an individual right.

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Guest Essayist: James D. Best

To stem home and farm foreclosures during the Great Depression, Minnesota passed a law which allowed a mortgagor to pay court-determined rent set below the contractual mortgage amount. The mortgage holder could not foreclose as long as the mortgagor paid the reduced rent.

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Guest Essayist: James D. Best

 

The election of 1860 would polarize the nation and challenge the durability of the Constitution. In 1787, the Constitutional Convention in Philadelphia established a new government for the United States of America. For over seventy years, the country had fought fierce political battles over slavery and federalism. Compromises, pacts, and informal precedents managed to hold the country together. This still-young nation would soon become engulfed in a savage civil war that would eventually complete the work begun in 1787.

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Guest Essayist: James D. Best

 

The Making of the President 1860—Mathew Brady and the Cooper Union Address

Abraham Lincoln won the 1860 presidential campaign, yet on a national level, he had served only a single term in the House of Representatives. He had gained renown from his famed debates with Senator Douglas, but remained a minor political figure. How did he make himself a viable candidate? He pulled off this feat in a single day—Monday, February 27, 1860.

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Guest Essayist: James D. Best

 

1856 Race for President—James Buchanan defeats Millard Fillmore and John C. Fremont

The political scene in 1856 was chaotic. The Whig Party had collapsed because of a regional dispute over slavery. The American Party (Know-Nothings) had scooped up Whig remnants to rail against immigrants and Catholics. The new Republican Party, formed to fight slavery, feverishly pulled together abolitionists from wherever they could find them. Democrats, the last functioning national party, worked hard to stifle their own riff between the free and slave states. These three parties, one wounded and two newborn, would fight for the presidency. A dubious prize since seven presidents in a row had served a single term or less.

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Guest Essayist- James D. Best

 

The First Presidential Campaign—George Washington, 1788-89

George Washington won the first presidency under the newly established Constitution. He ran unopposed, professed not to want the job, remained for the most part at Mount Vernon, and yet won unanimously. Many believe he never campaigned, but instead acquiesced to a call to duty from his countrymen. Perhaps it was not so simple.

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Monday, February 15, 2016
Introduction by Constituting America Founder & Co-Chair, Janine Turner & her daughter, Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, February 16, 2016
Why Was The Electoral College Created? – Tara Ross, author of Enlightened Democracy, the Case for the Electoral College.

Wednesday, February 17, 2016
Does The Electoral College Still Work? – Tara Ross, author of Enlightened Democracy, the Case for the Electoral College. 

Thursday, February 18, 2016
(1789) George Washington: The First Election Under the New Constitution – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Friday, February 19, 2016
(1792) George Washington Sets the Tone for America as Its First Elected President – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, February 22, 2016
(1796) John Adams Defeats Thomas Jefferson – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Tuesday, February 23, 2016
(1800) Thomas Jefferson Defeats John Adams: The First Peaceful Transfer of Presidency From One Political Party to Another – Kevin Gutzman, Professor and Chairman, Department of History, Western Connecticut State University and Author, James Madison and the Making of America

Wednesday, February 24, 2016
(1800) The Election Of 1800: Constitutional Implications Of The Alien & Sedition Acts – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, February 25, 2016
(1800) Electoral College Tie Between Jefferson and Burr, Throwing an Election Into the House of Representatives for the First Time – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Friday, February 26, 2016
(1804) Thomas Jefferson Defeats Charles Pinckney: The Significance of the 12th Amendment – James Legee, Program Director, The Freedoms Foundation at Valley Forge; Adjunct Professor, Albright College, PA

Saturday, February 27, 2016
(1804) The Constitutional Significance of the Louisiana Purchase: An Election Issue – Robert McDonald, Professor of American History, United States Military Academy, West Point; Author, Confounding Father: Thomas Jefferson’s Image in His Own Time (forthcoming)

Monday, February 29, 2016
(1808) James Madison Defeats Charles Pinckney: The Embargo Act of 1807 – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Tuesday, March 1, 2016
(1812) James Madison Defeats De Witt Clinton: The Issues of a Wartime Election – Sam Agami, History Teacher, Princess Anne Middle School, VA

Wednesday, March 2, 2016
(1816) James Monroe Defeats Rufus King: The Hartford Convention – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Thursday, March 3, 2016
(1816) Constitutional Issues Surrounding the Second Bank of the U. S. – Kyle Scott, Professor of Political Science, University of Houston, TX; Author, The Federalist Papers: A Reader’s Guide

Friday, March 4, 2016
(1820) James Monroe Won Unopposed: The Missouri Compromise – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, March 7, 2016
(1820) McCulloch v. Maryland: A Campaign Issue – Robert Lowry Clinton, Professor and Chair Emeritus, Department of Political Science, Southern Illinois University Carbondale; Author, Marbury v. Madison; Judicial Review

Tuesday, March 8, 2016
(1824) John Quincy Adams Defeats Henry Clay, Andrew Jackson, and William Crawford: Constitutional Implications of the Rise of Party Nominating Conventions and the Empowerment of Popular Votes in Elections – Joe Postell, Professor of Political Science, University of Colorado at Colorado Springs, CO

Wednesday, March 9, 2016
(1824) The Second Instance of an Election Decided in the House of Representatives – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, March 10, 2016
(1828) Andrew Jackson Defeats John Quincy Adams: The Two-Party System – Mark Cheathem, History Professor, Cumberland University, TN

Friday, March 11, 2016
(1828) Controversy Over Andrew Jackson’s War Record and the Question of Civilian Control Over the Military – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

 Monday, March 14, 2016
(1832) Andrew Jackson Defeats Henry Clay, William Wirt: The Re-Chartering of the Bank of the U.S. – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

 Tuesday, March 15, 2016
(1832) The Anti-Masonic Controversy – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Wednesday, March 16, 2016
(1836) Martin Van Buren Defeats William Henry Harrison, Daniel Webster, Hugh White: The Unusual Practice of Running Three Candidates by One Party (the Whigs) in Different Parts of the Country – Lisa Ice-Jones, Administrator, President William Henry Harrison’s Grouseland Mansion and Museum

Thursday, March 17, 2016
(1836) The Tariff Issue and the Constitution – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Friday, March 18, 2016
(1840) William Henry Harrison Defeats Martin Van Buren: The Appeal of Running Military Heroes for President and the Issue of Generalship as a Qualification for Executive Office – Lisa Ice-Jones, Administrator, President William Henry Harrison’s Grouseland Mansion and Museum

Saturday, March 19, 2016
John Tyler (1841-45) excerpt from “Presidential Leadership: Rating the Best and the Worst in the White House,” a Wall Street Journal Book; James Taranto and Leonard Leo, Editors; Free Press, 2004. – John S. Baker, Professor of Law Emeritus, Louisiana State University Law School

Monday, March 21, 2016                                                          
(1844) James K. Polk Defeats Henry Clay, James Birney: Texas Annexation as it Related to the Issue of Slavery – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, March 22, 2016
(1844) The Issue of Oregon Territorial Boundary – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Wednesday, March 23, 2016
(1848) Zachary Taylor Defeats Martin Van Buren, Lewis Cass: Popular sovereignty in the territories, which was Cass’s issue and which would continue to affect U. S. Constitutional politics for the next decade – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Thursday, March 24, 2016
(1848) Abolitionism and the Constitution – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Friday, March 25, 2016
(1852) Franklin Pierce Defeats Winfield Scott, John Pitale: The Controversy Over the Fugitive Slave Act of 1850 – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, March 28, 2016
(1856) James Buchanan Defeats Millard Fillmore, John C. Fremont: The Kansas-Nebraska Act – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Tuesday, March 29, 2016
(1856) The Rise of the Republican Party – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Wednesday, March 30, 2016
(1860) Abraham Lincoln’s Cooper Union Address and Mathew Brady’s Lincoln Photo: The Making of the President – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Thursday, March 31, 2016
(1860) Abraham Lincoln Defeats Stephen Douglas, John C. Breckinridge, John Bell: Constitutional Issues Surrounding Secessionism And “The Crisis of the House Divided” – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Friday, April 1, 2016
(1860) Stephen Douglas’s Understanding of the Constitution – David Shestokas, Author, Constitutional Sound Bites; Host, Constitutionally Speaking

Saturday, April 2, 2016
(1860) John C. Breckinridge’s Understanding of the Constitution – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, April 4, 2016
(1860) John Bell’s Understanding of the Constitution – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, April 5, 2016
(1860) Abraham Lincoln’s Understanding of the Constitution, Part 1: Its Relation to the Declaration of Independence – J. Eric Wise, Partner, Gibson Dunn & Crutcher LLP in New York City

Wednesday, April 6, 2016
(1860) Abraham Lincoln’s Understanding of the Constitution, Part 2: The Importance of the Union – David Shestokas, Author, Constitutional Sound Bites; Host, Constitutionally Speaking

Thursday, April 7, 2016
(1864) Abraham Lincoln Defeats George McClellan: Constitutional Issues Raised by Lincoln’s Conduct of the War – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Friday, April 8, 2016
(1864) Holding a Presidential Election During a Civil War – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, April 11, 2016
“Civil War Amendments” to the Constitution – James Legee, Program Director, The Freedoms Foundation at Valley Forge; Adjunct Professor, Albright College, PA

Tuesday, April 12, 2016
(1868) Ulysses S. Grant Defeats Horatio Seymour: Reconstruction and the Constitution – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Wednesday, April 13, 2016
(1868) Constitutional Issues Surrounding Black Suffrage – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Thursday, April 14, 2016
(1872) Ulysses S. Grant Defeats Horace Greeley: The Continuing Controversies Over Reconstruction – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Friday, April 15, 2016
(1872) Civil Service Reform – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Monday, April 18, 2016
(1876) Rutherford B. Hayes Defeats Samuel Tilden: The End of Reconstruction – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Tuesday, April 19, 2016
(1876) Rutherford B. Hayes v. Samuel Tilden: Controversy Over Election Returns in This Election – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Wednesday, April 20, 2016
(1880) James Garfield Defeats Winfield Scott Hancock: The Tariff Controversy, Post-Civil War – Kirk Higgins, Senior Manager of Education Bill of Rights Institute

 Thursday, April 21, 2016
(1884) Grover Cleveland Defeats James G. Blaine: The Issues Surrounding the Furor Stirred by the “Rum, Romanism, and Rebellion” Slogan, Regarding Religious Freedom and Anti-Catholic Prejudice – Peter Roff, Advisory Board Member, Constituting America; Contributing Editor, U.S. New and World Report

Friday, April 22, 2016
(1888) Benjamin Harrison Defeats Grover Cleveland: The Constitutional Issues Raised by Cleveland’s Veto of Pension Legislation for Veterans – Brion McClanahan, Author, The Founding Fathers Guide to the Constitution

Monday, April 25, 2016
Grover Cleveland: Twenty-second and Twenty-fourth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, April 26, 2016
William McKinley: Twenty-fifth President of the United States  – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Wednesday, April 27, 2016
(1896) William McKinley Defeats William Jennings Bryan: The Gold Standard vs. Bimetallism – Karl Rove, Former Deputy Chief of Staff to President George W. Bush and author of The Triumph of William McKinley, Why the Election of 1896 Still Matters

Thursday, April 28, 2016
(1904) Theodore Roosevelt Defeats Alton Parker: Anti-Trust Legislation – Steven Aden, Senior Counsel, Alliance Defending Freedom

Friday, April 29, 2016
(1904, 1908) Theodore Roosevelt’s “Square Deal” vs. William Jennings Bryan’s Populism – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, May 2, 2016
(1908) William Howard Taft Defeats William Jennings Bryan – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, May 3, 2016
Progressivism and Its Theory of Constitutionalism – Matthew Spalding, Ph.D. – Associate Vice President and Dean of Educational Programs, The Allan P. Kirby, Jr. Center for Constitutional Studies & Citizenship, Hillsdale College 

Wednesday, May 4, 2016
(1912) Woodrow Wilson Defeats William Howard Taft, Theodore Roosevelt, Eugene Debs: Woodrow Wilson’s “New Freedom” – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, May 5, 2016
(1912) Theodore Roosevelt’s “New Nationalism” – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

Friday, May 6, 2016
(1912) Eugene Debs’ Socialism and the U. S. Constitution – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, May 9, 2016
(1916) Woodrow Wilson Defeats Charles Evans Hughes – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, May 10, 2016
Warren G. Harding: Twenty-Ninth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Wednesday, May 11, 2016
(1920) The Sedition Act and Eugene Debs: Raising of the issue of the “Red Scare” – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Thursday, May 12, 2016
(1924) Calvin Coolidge Defeats Robert M. LaFollette, Burton K. Wheeler (Progressive Party), and John W. Davis: The Direct Election of Presidents – Joe Postell, Professor of Political Science, University of Colorado at Colorado Springs, CO

Friday, May 13, 2016
Women’s Suffrage and the Impact on Presidential Elections – Rachel Sheffield, Policy Analyst, DeVos Center for Religion & Civil Society, The Heritage Foundation

Saturday, May 14, 2016
Herbert Hoover: Thirty-first President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Monday, May 16, 2016
(1928) The Effects of Urbanization on the U. S. and Its Implications for Constitutional Government – Scot Faulkner, Former Chief Administrative Officer of the U.S. House of Representatives and as a Member of the Reagan White House Staff

Tuesday, May 17, 2016
(1932) Franklin D. Roosevelt Defeats Herbert Hoover: How the Great Depression Threatened Constitutionalism – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Wednesday, May 18, 2016
(1932) The “New Deal” – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, May 19, 2016
(1936) Franklin D. Roosevelt Defeats Alfred Landon: Administrative Centralization and Its Implications for Constitutionalism – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Friday, May 20, 2016
(1936) Supreme Court Opposition to New Deal Laws – Horace Cooper, Legal Commentator; Adjunct Fellow, National Center for Public Policy Research

Monday, May 23, 2016
(1940) Franklin D. Roosevelt’s Unprecedented Run for a Third Term – Andrew Bibby, Interim Director, Center for Constitutional Studies, Utah Valley University

Tuesday, May 24, 2016
(1944) Franklin D. Roosevelt Defeats Thomas Dewey: Constitutional Implications of Roosevelt’s Liberal Internationalism, United Nations – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Wednesday, May 25, 2016
(1948) Harry Truman Defeats Thomas Dewey, Strom Thurmond (“Dixiecrat”), Henry Wallace (Progressive Party): “States’ Rights” and Civil Rights Issues Raised by Dixiecrats – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

Thursday, May 26, 2016
(1948) Harry Truman: The Atomic Bomb, Cold War, Marshall Plan & The Fair Deal and Civil Rights Reform – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Friday, May 27, 2016
(1952) Dwight D. Eisenhower Defeats Adlai Stevenson: Communism and Civil Liberties – Horace Cooper, Legal Commentator; Adjunct Fellow, National Center for Public Policy Research

Monday, May 30, 2016
A Memorial Day Message – Janine Turner, Constituting America Founder & Co-Chair

Tuesday, May 31, 2016
(1956) Dwight D. Eisenhower Defeats Aldai Stevenson – Jim Legee, Program Director, The Freedoms Foundation at Valley Forge; Adjunct Professor, Albright College, PA

Wednesday, June 1, 2016
(1960) The Election of the First Catholic President as a Vindication of the First Amendment’s Clauses on Religious Freedom and Religion Establishment – Tony Williams – Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, June 2, 2016
(1964) Lyndon B. Johnson Defeats Barry Goldwater: The “Great Society” and the Constitution – Brion McClanahan, Author, The Founding Fathers Guide to the Constitution

Friday, June 3, 2016
(1968) Richard Nixon Defeats Hubert Humphrey, George C. Wallace: The Rise of the “New Left” – Steve Knott, Co-author with Bill of Rights Institute’s Tony Williams, Washington and Hamilton: The Alliance That Forged America

Saturday, June 4, 2016
(1968) Supreme Court Decisions on Civil Rights—an Issue Raised by George C. Wallace – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, June 6, 2016
(1972) Richard Nixon: Thirty-Seventh President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, June 7, 2016
A Different Take on Watergate – John Marini, Senior Fellow, Claremont Institute, California; Fourth book in progress, American Constitutionalism and the Administrative State

Wednesday, June 8, 2016
(1972) Richard Nixon Defeats George McGovern: Watergate – David Kopel, Research Director at the Independence Institute, and Adjunct Professor of Advanced Constitutional Law at Denver University, Sturm College of Law

Thursday, June 9, 2016
Our Constitution Works: President Ford’s Date With Destiny – Gerald R. Ford Presidential Foundation, Grand Rapids, Michigan

Friday, June 10, 2016
(1976) Jimmy Carter: Thirty-Ninth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Monday, June 13, 2016
(1980) Ronald Reagan Defeats Jimmy Carter, John Anderson: The Critique of the Administrative State – Andrew Langer, President, Institute for Liberty

Tuesday, June 14, 2016
(1984) Ronald Reagan Defeats Walter Mondale: Geraldine Ferraro Nomination as Vice President and the Constitutional Implications of the Feminist Movement – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Wednesday, June 15 – Thursday, June 16, 2016
(1988) George H.W. Bush Defeats Michael Dukakis – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Friday, June 17, 2016
(1992) Bill Clinton Defeats George H.W. Bush – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Monday, June 20, 2016
(1992) Bill Clinton Defeats George H.W. Bush – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, June 21, 2016
(1992) Bill Clinton Defeats George H.W. Bush – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Wednesday, June 22, 2016
(1996) Bill Clinton, Presidential Elections, And Constitutional Rule Of Law – Brian Chilton, former University Of Virginia School Of Law Associate Editor & Executive Editor, Virginia Law Review; Author, Issachar’s Heirs

Thursday, June 23, 2016
(2000) George W. Bush Defeats Al Gore, Ralph Nader: A Case Study On Choosing Electors – The Honorable John N. Hostettler, former Congressman from Indiana; Director, The D. James Kennedy Center for Christian Statesmanship; Author of Ordained and Established: A Statesman-Citizen’s Guide to the United States Constitution

Friday, June 23, 2016
(2004) George W. Bush Defeats John Kerry: Terrorism and the Constitution – Andrew Langer – President, Institute for Liberty

Monday, June 27, 2016
(2008) Barack Obama: Forty-Fourth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, June 28, 2016
(2012) Barack Obama Defeats Mitt Romney – Michael Barone, co-author of The Almanac of American Politics and Senior Political Analyst for the Washington Examiner; Resident Fellow, American Enterprise Institute

Wednesday, June 29, 2016
Conclusion: Constitutional Issues in the 2016 Election – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

 

Guest Essayist: The Honorable John Boehner, 53rd Speaker Of The U.S. House Of Representatives

On September 17, Americans will observe the 228th anniversary of the adoption and signing of the U.S. Constitution by the Constitutional Convention.  I commend Janine Turner, Cathy Gillespie and everyone associated with Constituting America for their efforts to defend our Constitution and educate people about its foundational significance.  Also, I am humbled to accept their gracious invitation to participate as an essayist in this year’s 90 Day Study on executive overreach.

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Americans abhor politicians who gather up inordinate powers. At least, that used to be the case. From our Revolution forward, Americans remained wary of any officeholder who tried to maneuver around constitutional limits. This was especially true if the trespasser happened to be a president.

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American citizens should never fear their own government. It’s Un-American. The Declaration of Independence directed our Founders to organize government powers “in such form, as to them shall seem most likely to effect their safety and happiness.” We should be able to go to bed at night feeling safe from hostile pounding on the door. The concept of the home as a safe refuge has been a key principle of Western Civilization going all the way back to the Roman Republic.

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“Governments are instituted among Men, deriving their just powers from the consent of the governed”  The Declaration of Independence used these words to legitimize our founding as a nation. Fifteen simple words, but they embodied a world-shattering idea. Kings supposedly derived their authority from God, but the Declaration declared 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.” These subversive words flipped the divine right of kings on its head. Instead of kings, God endowed all of mankind with natural rights. Read more

The Founders believed that consolidating executive, legislative, and judicial powers would threaten liberty, so to avoid this tragedy, they built our constitutional framework with checks and balances. James Madison, the Father of the Constitution, wrote in Federalist 47 that “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

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The phrase checks and balances has become so commonplace that it is often spoken as if it were a single word, but in the eighteen century, it was two distinct concepts. John Adams may have been the first to put the words checks and balances together in that order in his 1787 publication, A Defense of the Constitutions of Government of the United States of America, but balance and check is the phrase used in The Federalist, and that is the sequence James Madison would have thought appropriate. First, balance powers between the branches of government, and then check those powers so they are not abused.

In his voluminous Constitutional Convention notes, Madison recorded himself as saying that he “could not discover … any violation of the maxim which requires the great departments of power to be kept separate and distinct … If a constitutional discrimination of the departments on paper were a sufficient security to each against encroachments of the others, all further provisions would indeed be superfluous. But experience had taught us a distrust of that security; and that it is necessary to introduce such a balance of powers and interests, as will guarantee the provisions on paper. Instead therefore of contenting ourselves with laying down the theory in the Constitution that each department ought to be separate and distinct, it was proposed to add a defensive power to each which should maintain the theory in practice.”

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Concentrated political power frightened the Founders. They especially feared unrestrained executive power. In fact, some of the delegates to the Constitutional Convention fought for a weak executive because history had been a continuous stream of kings and rulers supplanting legislative bodies. Despite misgivings, James Madison convinced the delegates that balanced power with effective checks was the only way to secure liberty and the idea became foremost in the design of a new government.

When you study the political formation of the United Sates, one is struck by the recurrence of the checks and balances theme— in Madison’s convention notes, the Constitution itself, the Federalist Papers, the minutes of the ratification conventions, and even the Anti-Federalist papers. There can be no doubt that a national consensus supported the concept that each part of the government should act as an effective check on all of the other parts of the government. Read more

Congratulations to Saturday’s Winner:

Timothy Frazier

“Our Constitution Rocks” Book Winner & Raffle Entry Winner!   

Saturday’s Question Was:

According to James D. Best, how many years did it take to ratify the 27th Amendment?

Saturday’s Answer Was: 

203 years. Proposed in 1789. Achieved 3/4 majority in 1992.

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Saturday, April 19, 2014:

According to James D. Best, how many years did it take to ratify the 27th Amendment?

Answer the question in the “reply” box below the question, after you click “Read Post.”The first to answer wins a copy of Constituting America National Youth Director, Juliette Turner’s Bestselling, Our Constitution Rocks, and is entered in a drawing at the end of the quizfor the Constituting America Goodie Bag!   Only one Our Constituting Rocks is awarded per person during the course of the contest; previous winners may still enter and be entered for drawing multiple times, but may only win the book once.

Guest Essayist: James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, and Principled Action, Lessons from the Origins of the American Republic

John Adams wrote, “The Revolu­tion was effected before the war commenced. The Revolution was in the minds and hearts of the people … This radical change in the principles, opinions, sentiments, and affections of the people, was the real American Revolution.”

How did a revolution commence in the minds and hearts of Americans? It germinated in pulpits and taverns, and from pamphleteers and newspapers. By the time the Declaration of Independence was signed, there was a colonial consensus on a few key principles. Today, we call these the Founding Principles or First Principles. Read more

Guest Essayist: James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, and Principled Action, Lessons from the Origins of the American Republic

Amendment XXVII:

No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.

The 27th Amendment states that any law Congress passes that alters their compensation cannot take effect until after the next election.

On September 25, 1789, Congress proposed twelve constitutional amendments. In a little over two years, ten of these were ratified by the states. These very first amendments to the Constitution became our revered Bill of Rights.

The first rejected amendment proscribed a complex formula for determining the size of the House of Representatives. The second failed amendment, known as the Compensation Amendment, was written by James Madison in response to Antifederalist claims that Congress possessed the power to vote themselves rich salaries. Although this amendment failed in 1791, it eventually became the 27th Amendment.

The 11th Amendment took less than a year to ratify. Prohibition (18th Amendment) took 14 months, while repeal (21st Amendment) took only nine months. Women’s suffrage (19th Amendment) took 14 months to ratify. Giving 18 year olds the right to vote (26th Amendment) took only a little over three months. So why did it take 203 years to ratify the 27th Amendment?

In 1791, Americans didn’t see compensation of Congress as a big issue—at least, not enough of an issue to threaten liberty. If Congress became too greedy, voters would simply throw them out of office. In 1873, Congress did vote itself a retroactive raise. In a pique, Ohio ratified the Compensation Amendment. No other states followed suit, so the amendment languished—until the 1980s. Surprisingly, a grassroots campaign was ignited by an undergraduate term paper written by Gregory Watson. (He received a C grade for the paper.) On May 7, 1992, the Compensation Amendment was finally ratified by enough states to make it officially the 27th Amendment.

The irony is that this two-century process may have been made meaningless by later court decisions. Since the amendment was ratified, the only court challenge claimed that the annual Cost of Living Allowance (COLA) violated this amendment. A few taxpayers and a congressman filed suit, but a lower court ruled that the taxpayers did not have standing (standing is a legal interest in the issue that entitles the party to seek relief).  It further ruled that an automatic COLA was not an independent law subject to the amendment. On appeal, the Tenth Circuit ruled that the congressman also did not have standing. If neither taxpayers nor congressmen have standing, it’s hard to imagine a successful challenge.

Madison had crafted a clear, single sentence that 203 years later became part of the Constitution. It’s doubtful that Congress would be foolish enough to violate this minor restriction on their pay increases.

We often hear laments that our politicians no longer honor their pledge to preserve, protect and defend the Constitution of the United States.  This is backward.  The Constitution was not written for politicians.  Our political leaders have no motivation to abide by a two hundred year old restraining order.  Americans must enforce the supreme law of the land.  The first outsized words of the Constitution read We the People.  It’s our document. It was always meant to be ours, not the government’s.  It is each and every American’s obligation to preserve, protect, and defend the Constitution of the United States.

James D. Best is the author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, and Principled Action, Lessons from the Origins of the American Republic.

June 13, 2012

Essay #83

Guest Essayist: James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, and Principled Action, Lessons from the Origins of the American Republic

Amendment XXII:

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.

 

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.

 

Amendment XXII: Reform or Revision?

Until 1940, presidents honored the George Washington precedent of serving for only two terms. In that year Franklin Roosevelt defied tradition and won a third term, then later a fourth term. Roosevelt died in office in 1945. Presidential term limits became a huge issue in the 1946 watershed election, and a new generation swept into office, many of them returning soldiers. The new congress was young, idealistic, and committed to change. One of their first priorities was the XXII Amendment, which was ratified by the states in early 1951. Since then, we have had eleven presidents, but so far only four have been restricted from another term by this amendment.

There have been many proposals to reform or revise the XXII Amendment. Congress has repeatedly submitted bills to repeal the amendment, but none has ever made it out of committee. Some have proposed that the restriction be revised to consecutive terms, and others want a super-majority of both houses to have the ability to override the restriction.

The XXII Amendment ought to be left in place without revision.

The president is often called the most powerful person in the world. To a great extent, that is true. Over the centuries, presiden­tial power has increased enormously, both domestically and inter­nationally. This was not the intent of the delegates to the Constitutional Convention. The president was supposed to be a co-equal partner in a three-branch government focused on the needs of Americans.

The greatest increase in presidential power came from the growth in government. As the national government grew, from around 4 percent of gross domestic product in the 1920s to 25 percent in 2010, presidential power grew exponentially because all but a smidgeon of that money ended up in the executive branch. The bigger the national government grows, the more powerful the executive is as an indi­vidual.

In United States v. Curtiss-Wright Export Corp (1936), the Supreme Court ruled that the president has almost unrestricted powers in international affairs. The Court said that this singular authority over foreign affairs is “the very delicate, plenary and exclu­sive power of the President as sole organ of the federal government in the field of international relations—a power which does not require as a basis for its exercise an act of Congress.” One of the few excep­tions to this exclusive power is Senate approval of treaties.

This ruling by itself did not make the president the most powerful person on the world stage. Three other developments made that happen. The first was that the American free enterprise system built the largest, most robust economy in the world. The second development was the vacuum of power after World War II. The Soviets were dangerous, and their ambitions for empire threatened the world. Someone had to step into the breach. The third development was the devastating power and global reach of modern weaponry.

Both inside and outside the United States, the president is enormously powerful. The Framers of the Constitution feared concentrated power, and they were especially fearful of concentrated power in single person. The Framers would have immediately searched for ways to curtail this power, and term limits would be at the forefront of their consideration. We need an ironclad XXII Amendment to bolster the idea that this power is only on loan for a limited period.

Power corrupts. Let us hope it takes longer than eight years.

James D. Best is the author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, and Principled Action, Lessons from the Origins of the American Republic.

May 30, 2012

Essay #73

 

 

Guest Essayist: James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, and Principled Action, Lessons from the Origins of the American Republic

Amendment XVI:

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.

Reform or Revision?

The infamous XVI Amendment gave the national government the authority to tax income … from whatever source derived. Income tax has always been divisive. In the early twentieth century, the amendment was promoted with the phrase “soak the rich,” and the level of progressiveness in the tax codes has been contentious ever since. Many feel that it is only fair that those with more money should pay the lion’s share, while others think fairness means that every American should contribute at least something to the national coffers.

In Federalist 10, James Madison wrote, “The apportionment of taxes on the various descriptions of property is an act which seems to require the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party to trample on the rules of justice.” For the hundred years that the XVI Amendment has been in place, exact impartiality has been a rarity.

There are many odious aspects of our current income tax. T. Coleman Andrews, commissioner of the IRS under Eisenhower said, “It opened up our homes, our papers and our effects to the prying eyes of government agents.” An IRS appeal is through tax courts without juries, and if a taxpayer loses, the individual must pay before suing the government. Congress relishes playing three-card Monte with the tax code by deftly moving taxes up, down and sideways, while slipping loopholes to favored constituents. Tax policy seldom has any relationship to economic growth, keeping markets free, or preserving personal liberty. For those of us who are recordkeeping impaired, the laws are a nightmare and a huge waste of valuable time. And last, we work and struggle to make ends meet, and instead of getting thanks for all the money we send to Washington, there’s always some politician trying to make us feel guilty because we didn’t send more.

Should the XVI Amendment be reformed or revised? Probably. Revision of the XVI Amendment could potentially fix many issues about the application of income tax, but it would not resolve our growing debt issues. The federal government spends about a quarter of our national production, much of it financed with debt that has climbed to unfathomable levels. Reforming or revising the XVI Amendment might squeeze the revenue side, but it won’t guarantee spending restraint. The government has no restrictions on borrowing or printing money.

Congress has shown that it won’t fix the tax code or spending. As we’ve witnessed since the Tax Reform Act of 1986, tax cuts and simplification only buy a short recess from offensive rates and burdensome regulations.

Without an ironclad restraint, government will continue to tax and spend recklessly. If permanent change is desired, it will require amending the Constitution. The real question is what kind of constitutional reform is needed. It’s possible we could have a public debate and resolve the fairness issue once and for all. For example, a flat tax would be good for the individual and boost economic growth, but most Americans have come to believe progressive rates equate to fairness. Another proposed reform would repeal the XVI Amendment in favor of a national sales tax—sometimes called the fair tax. Critics have pointed out that these reforms have their own problems, but even if they present an improvement, they seem unlikely to get out of Congress or be ratified by thirty-eight state legislatures.

If the goal is to make income tax fairer or trade it for a different tax, then a revision of the XVI Amendment could do the trick. However, if the goal is to collapse the deficit—and eventually the debt—then reform needs to address both the income and spending sides. This means that revision of the XVI Amendment should probably be done in conjunction with a Balanced Budget Amendment. A consolidated reform approach would provide the best chance of ratification and fixing our country’s finances. Alas, that would take leadership. Where is Alexander Hamilton when you need him?

James D. Best is the author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, and Principled Action, Lessons from the Origins of the American Republic.

May 11, 2012

Essay #60

 

As we come to the end of our 90 Day Journey Analyzing the United States Constitution, I want to join Constituting America Founder and Co-Chair Janine Turner in thanking all those who made this study possible.  We thank our talented and generous constitutional scholars who participated:

David Addington
Vice President for Domestic and Economic Policy
The Heritage Foundation

Steven H. Aden, Esq.
Senior Counsel
Alliance Defense Fund

Prof. Bill Allen
Michigan State University

John S. Baker
Professor of Law Emeritus
Louisiana State University Law School

Andrew Baskin, Attorney
Director of Education & Volunteers
The Constitutional Sources Project

James D. Best
Author of Tempest At Dawn 

David J. Bobb, Ph.D.
Director and Lecturer in Politics
Allan P. Kirby, Jr. Center for Constitutional Studies and Citizenship
Hillsdale College

Justin Butterfield
Constitutional Attorney, Liberty Institute

Robert Chapman-Smith
Instructional Design Associate, Bill of Rights Institute 

Horace Cooper
Legal Commentator and a Senior Fellow with the Heartland Institute 

Carol Crossed
Owner and President
Susan B. Anthony Birthplace Museum

Cynthia Dunbar
Asst. Prof. of Law
Liberty University School of Law

William Duncan
Director, Marriage Law Foundation

Scot Faulkner
Executive Director
The Dreyfuss Initiative

Colin Hanna
President, Let Freedom Ring

Allison Hayward
Vice President of Policy, Center for Competitive Politics 

Hadley Heath
Senior Policy Analyst, Independent Women’s Forum

Scot Faulkner
Executive Director
The Dreyfuss Initiative

Troy Kickler
Founding Director of the North Carolina History Project

Joerg W. Knipprath
Professor of Law, Southwestern Law School

David B. Kopel
Research Director, Advanced Constitutional Law
Denver University, Sturm College of Law

Marc Lampkin
Quinn Gillespie and Associates

Andrew Langer
President
The Institute for Liberty

Gary McCaleb
Senior Counsel
Alliance Defense Fund

Dan Morenoff
Attorney

Prof. Will Morrisey
Hillsdale College

Joe Postell
Assistant Professor of Political Science, University of Colorado – Colorado Springs

Jeff Reed
Former Constitutional Law Professor, Western Kentucky University in Bowling Green, Kentucky 

Professor Charles Rice
Professor Emeritus of Law at the University of Notre Dame

Judge Jim Rogan
Superior Court of California 

Tara Ross
Author, Enlightened Democracy: The Case for the Electoral College

Dr. Charles K. Rowley
Duncan Black Professor of Economics at George Mason University and General Director of The Locke Institute

George Schrader
Student of Political Science, Hillsdale College

Prof. Kyle Scott
Department of Political Science
University of Houston

Mr. Kelly Shackelford
President and CEO of Liberty Institute

Julia Shaw
Research Associate and Program Manager
B. Kenneth Simon Center for American Studies

Larry Spiwak
Lawrence J. Spiwak
President, Phoenix Center for Advanced Legal & Economic Public Policy Studies

W. David Stedman
Editor, Our Ageless Constitution

Nathaniel Stewart
Attorney

Paul S. Teller, Ph.D.
Executive Director of the Republican Study Committee in the U.S. House of Representatives

Kevin Theriot
Senior Counsel, Alliance Defense Fund

And we thank our hardworking and dedicated project director and coordinator, who spent many late nights posting essays, and organizing the various contributions:  Horace Cooper and Amanda Hughes

We thank those of you who have read these essays and joined in the discussion, blogging your thoughts!  We invite you to spread the word and let your friends, civic groups, and personal network know about the resources that exist on the pages of Constituting America! We invite more to join our Constitutional dialogue! 

A special thank you goes to Constituting America National Youth Director, Juliette Turner, who has tirelessly interpreted these erudite essays for kids (and adults like me who need the extra help sometimes in understanding!), crafting each into “Constitutional Fun Facts”!   Please check out Juliette’s Blog for Kids at: http://www.constitutingamerica.org/juliette/

But most of all, I would like to thank Constituting America Founder and Co-Chair Janine Turner who had the creative vision for this project, and whose daily energy and enthusiasm drives Constituting America! 

What an undertaking to spend 90 Days studying this brilliant document, section by section, amendment by amendment, and at times clause by clause.  But yet, study we must. To protect our rights and our liberties, we must first know them, and understand them.

The Constitution of the United States of America is the world’s longest surviving written charter of government.  This miracle, a product of the brilliant minds of our founding fathers, rooted in their study of government, knowledge of history, and profound understanding of the nature of man, has survived because “we the people,” have cared enough for it to survive. 

For 224 years, each generation of Americans has passed this torch of knowledge and liberty to the next.  John Adams gave us this charge: “Children should be educated and instructed in the principles of freedom.” But how can we instruct our children if we aren’t educated ourselves?

The mission of Constituting America is to help our generation pass the torch to the next, in ways that new generations of Americans can relate to, engage with, and understand! We thank you for joining us in this mission, and for your enthusiastic participation! 

Sincerely,

Cathy Gillespie
Co-Chair, Constituting America

 

 

 

Guest Essayist: James D. Best, author of Tempest at Dawn

Article II, Section 1, Clause 5

 

5:  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.

 

The president of the United States must meet three eligibility requirements. He or she must be a natural born citizen, be at least thirty-five years old, and have resided within the United States for fourteen years.

The first eligibility requirement is that the president be a natural born citizen.

There is an obsolete way to meet the citizenship requirement. The office seeker could have achieved citizenship before nine states ratified the Constitution. With this proviso, the eight foreign-born delegates to the Federal Convention would be eligible. Before ratification could become a possibility, the Constitution had to make it out of the statehouse, so it was tactful to make every delegate eligible for the executive position.

If a modern candidate is less than two-hundred and twenty years old, he must be a natural born citizen. Someone born inside the United States is a natural born citizen. Although some disagree, persons born outside the United States to United States citizens are considered natural born citizens. The first Congress in 1790 declared that “the children of citizens of the United States, that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens.” The only reason this did not close the argument is that a Congressional statute cannot alter or clarify the supreme law of the land, but it certainly can be used to determine intent of the framers.

What was the intent of the framers? It actually varied by individual, as it did on many issues. When they debated this clause, Benjamin Franklin said, “When foreigners after looking about for some other country in which they can obtain more happiness, give a preference to ours it is a proof of attachment which ought to excite our confidence and affection.”1

Gouverneur Morris disagreed. “As for those philosophical ‘citizens of the world,’ I don’t want them in public councils. I do not trust them. A man who shakes off attachment to his country can never love any other.”1

(The debates can enlighten on original intent, but in the end, it was the votes that determined what the Constitution meant.)

The president must also be at least thirty-five years old upon taking the oath of office. Today, thirty-five seems young. Theodore Roosevelt was the youngest president at forty-two, and John F. Kennedy was the youngest elected president at forty-three. In 1787, thirty-five was not young. Alexander Hamilton was still five years away from eligibility. His fellow delegates Jonathon Dayton, John Mercer, Richard Dobbs Spaight, and Charles Pinckney were all younger. Even the Father of the Constitution, James Madison, was only thirty-six.

The last eligibility requirement is that the president must have resided within the United States for fourteen years. Justice Story opined that “residence in the constitution, is to be understood, not an absolute inhabitancy within the United States during the whole period; but such an inhabitancy, as includes a permanent domicil in the United States.” Due to draft wording of this clause and the precedent-setting election of Herbert Hoover, it is generally accepted that the fourteen years can be cumulative.

It is also interesting what is not included in this clause. There are no religious, property, hereditary, or military service requirements. Also, Fifty-five men framed a constitution that requires no amendment for a woman president.

1 The Franklin and Morris quotes have been changed to first person from the third person used by James Madison in his notes.

James D. Best is an author who writes historical novels and contemporary novels with a strong historical theme. Tempest at Dawn is a dramatization of the 1787 Constitutional Convention.

Guest Essayist: James D. Best, author of Tempest at Dawn

One of the criticisms raised against the Constitution was that there were too few members in the House of Representatives to adequately represent constituents.

The rule reads: “The Number of Representatives shall not exceed one for every thirty Thousand.”

Federalist 55 argued that a representative body ought to have enough members to mitigate the threat of corruption, but not so many so as to cause confusion. The initial number would be 65, but a census in three years would adjust this number. Federalist 55 basically argues that the number in the state legislatures varied, and if 65 members were too few, it would be increased in a short time after the first census.

Federalist 56 addresses the objection that a small House would not possess the collective knowledge necessary to make laws.

The first argument is one that we’ve heard before: The powers of the national legislature are limited, and state legislatures would have specific knowledge for the powers retained by the states. “In determining the extent of information required in the exercise of a particular authority, recourse then must be had to the objects within the purview of that authority.” Since the national government had only enumerated powers, the House did not need a broad breadth of knowledge.

This led easily into the second argument, which was that national law could rely on state laws. “The laws of the state, framed by representatives from every part of it, will be almost of themselves a sufficient guide … little more to be done by the federal legislature, than to review the different laws, and reduce them in one general act.”

Both arguments show that Publius believed the states would handle the preponderance of legislation and act as a safeguard against the federal government.

For these reasons, Publius concludes “that a representative for every THIRTY THOUSAND INHABITANTS will render the latter both a safe and competent guardian of the interests which will be confided to it.”

This may seem like a minor issue, but in 1787 it grabbed the attention of the most powerful politician in the country. In the last days of the convention, George Washington verbally supported allowing a representative for every thirty thousand, rather than one for every forty thousand. In his convention notes, Madison wrote, This was the only occasion on which the President entered at all into the discussions of the Convention.

During the convention, James Madison also proposed doubling the initial number of congressmen, but as part of the Publius triumvirate, he ended up defending the smaller number.

What about today? Until 1911, the number of representatives was adjusted by population. Since that year, the population criterion has been adjusted to keep the number of representatives constant. The “shall not exceed” clause allowed the House of Representatives to restrict their membership to 435. Congress restricted their growth in number, but not their growth in power.

A quote from Federalist 55 shows that Publius never anticipated a dominating Congress. “I am unable to conceive that the State legislatures, which must feel so many motives to watch, and which possess so many means of counteracting, the federal legislature, would fail either to detect or to defeat a conspiracy of the latter against the liberties of their common constituents.”

James D. Best is an author who writes historical novels and contemporary novels with a strong historical theme. Tempest at Dawn is a dramatization of the 1787 Constitutional Convention.

character that balances republican virtue, self-restraint, and vigilant self-interest, and on the subtler bonds of cultural and political tradition. Constitutional forms help, but, ultimately, responsibility lies with the people.

Madison warns against laws that will not have “full operation on [Congressmen] and their friends, as well as on the great mass of the society.” Making only laws that are universally applicable “has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together.”  Citizen legislators must not be a privileged class.

Though the Republican take-over of Congress in 1995 spurred the passage of a law that removed Congressional exemption from a dozen anti-discrimination, labor, and safety laws, there yet remain other laws that apply to private citizens but not to Congress. Madison asserts that the American spirit will restrain the legislature from making legal discriminations in their favor and that of a particular class. “If this spirit shall ever be so far debased, as to tolerate a law not obligatory on the legislature as well as on the people, the people will be prepared to tolerate anything but liberty.” Where does that place us?  As many have said in some variant about republican systems, “The people get the government they deserve.”

Wednesday, July 14th, 2010

An expert on constitutional law, Prof. Joerg W. Knipprath has been interviewed by print and broadcast media on a number of related topics ranging from recent U.S. Supreme Court decisions to presidential succession. He has written opinion pieces and articles on business and securities law as well as constitutional issues, and has focused his more recent research on the effect of judicial review on the evolution of constitutional law.  Prof. Knipprath has also spoken on business law and contemporary constitutional issues before professional and community forums.  His website is http://www.tokenconservative.com.

 

Guest Essayist: James D. Best, author of Tempest at Dawn

Federalist 59-61 address the federal power to regulate the election of senators and representatives. The clause being defended by Hamilton reads: “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.”

Vox Populi, in Anti-federalist 59, argued against the national congress regulating the election of senators and representatives. This was viewed as an infringement on state sovereignty and a possible tool of national tyranny.

In Federalist 59, Hamilton defended this clause by saying that every government must have the means to defend itself. The safety of the national government depended on its authority to override state rules that were harmful to the election of its own members.

In Federalist 60, Hamilton again argues against unfettered state authority over the election of members of the United States Congress. A national override of election laws is less pertinent than the arguments used by Hamilton. He defends the clause by stressing that safety from oppressive laws comes from the careful distribution of power and divergent methods of selecting each component of the national government.

He says, “the circumstance which will be likely to have the greatest influence in the matter, will be the dissimilar modes of constituting the several component parts of the government. The House of Representatives being to be elected immediately by the people, the Senate by the State legislatures, the President by electors chosen for that purpose by the people, there would be little probability of a common interest to cement these different branches in a predilection for any particular class of electors.”

One is struck by the recurrence of the checks and balances theme—in Madison’s convention notes, the Constitution itself, the Federalist Papers, and the minutes of the ratification conventions. There can be no doubt that the Founders believed that liberty depended on one part of the government acting as an effective check on all other parts of the government, and that meant between the national branches and between the states and the national government. The Founders abhorred concentrated power. They believed that only through judiciously balanced power—constituted by dissimilar modes—could liberty survive the natural tendency of man to dictate the habits of other men.

Hamilton made another interesting argument. If elected officials violated the Constitution to usurp power, “Would they not fear that citizens, not less tenacious than conscious of their rights, would flock from the remote extremes of their respective states to the places of election, to overthrow their tyrants, and to substitute men who would be disposed to avenge the violated majesty of the people?”

Tuesday, July 20th, 2010

James D. Best is an author who writes historical novels and contemporary novels with a strong historical theme. Tempest at Dawn is a dramatization of the 1787 Constitutional Convention.

 

ADULT

Martin Diamond:
The Revolution of Sober Expectations

American Enterprise Institute:
Distinguished Lecture Series On The Bicentennial of the United States

Professor Randy E. Barnett
An Introduction To Constitutional Law: 100 Supreme Court Cases Everyone Should Know

Restoring the Lost Constitution

Our Republican Constitution

David Barton:
Benjamin Rush: Signer of the Declaration of Independence

The Bulletproof George Washington

Celebrate Liberty!

Wives of the Signers- The Women Behind the Declaration of Independence

Richard Beeman:
Plain Honest Men, the Making of the Constitution

William J. Bennett and John T.E. Cribb:
The American Patriot’s Almanac

Carol Berkin:
A Brilliant Solution

James D. Best:
Tempest at Dawn

Catherine Drinker Bowen:
Miracle at Philadelphia: The Story of the Constitutional Convention

Marilyn Boyer:
For You They Signed: The Spiritual Heritage of Those Who Shaped Our Nation

Ron Chernow:
Washington, A Life

Moncure D. Conway:
The Writings of Thomas Paine

John De Gree
The Story of Liberty: America’s Heritage Through the Civil War

Alexis de Tocqueville:
Democracy in America

M. Stanton Evans:
The Theme is Freedom: Religion, Politics, and the American Tradition

David Hackett Fischer:
Washington’s Crossing

James Thomas Flexner:
George Washington: The Indispensable Man

Benjamin Franklin:
The Autobiography of Benjamin Franklin

Poor Richard’s Almanac

Newt Gingrich and William R. Forstchen:
To Try Men’s Souls

Michael Holler:
The Constitution Made Easy

John N. Hostettler:
Ordained and Established: A Statesman-Citizen’s Guide to the United States Constitution

Walter Isaacson:
A Benjamin Franklin Reader

Ben Franklin: An American Life

Phyllis Lee Levin:
Abigail Adams: A Biography

Seth Lipsky:
The Citizen’s Constitution

Benson J. Lossing:
Lives of the Signers of the Declaration of Independence

Pauline Maier:
Ratification

Wilfred M. McClay
Land of Hope: An Invitation to the Great American Story

David McCullough:
John Adams

Janice E. McKenney:
Women of the Constitution: Wives of the Signers

Edwin Meese:
The Heritage Guide to the Constitution

Ron Meier:
Common Sense Rekindled: A Rejuvenation of the American Experiment

Eric Metaxas:
If You Can Keep It: The Forgotten Promise of American Liberty

Montesquieu:
The Spirit of the Laws

Mary Beth Norton:
Liberty’s Daughters: The Revolutionary Experience of American Women 1750-1800

John Wilford Overall:
A Catechism of the Constitution of the United States of America (1892)

Thomas Paine:
Common Sense

Jay A. Parry:
The Real George Washington: The True Story of America’s Most Indispensable Man

Anthony A. Peacock:
How to Read the Federalist Papers

Bernard Schwartz:
The Bill of Rights

Larry Schweikart and Michael Allen:
A Patriot’s History of the United States

Colleen Sheehan:
James Madison and the Spirit of Republican Self-Government

David J. Shestokas:
Constitutional Sound Bites

W. Cleon Skousen:
The Making of America

5,000 Year Leap

The Substance and Meaning of the Constitution

Adam Smith:
The Wealth of Nations

James Srodes:
Franklin, the Essential Founding Father

David Stedman:
Our Ageless Constitution

Ira Stoll:
Samuel Adams: A Life

Marijo Tinlin:
How to Raise an American Patriot: Making it Okay for Our Kids to Be Proud to Be American

Janine Turner:
Holding Her Head High: 12 Single Mothers Who Championed Their Children And Changed History

A Little Bit Vulnerable: On Hollywood, God, Sobriety and Politics

Juliette Turner:
Our Constitution Rocks

Our Presidents Rock

That’s Not Hay In My Hair

Michael Warren:
America’s Survival Guide: How to Stop America’s Impending Suicide by Reclaiming Our First Principles and History

Tony Williams and Stephen Knott:
Washington and Hamilton: The Alliance That Forged America

*FOUNDING DOCUMENTS:
(Adult and High School Students)

The Constitution of the United States of America, Including the Bill of Rights

The Declaration of Independence

The Federalist Papers

The Quotable Founding Fathers (edited by Buckner F. Melton)

ELEMENTARY STUDENTS:

Nancy K. Arnold:
Patriotic Pups

Myrna Blyth and Chriss Winston:
How to Raise an American: 1776 Fun and Easy Tools, Tips, and Activities to Help Your Child Love this Country

Natalie S. Bober:
Abigail Adams: Witness to a Revolution

Lynne Cheney:
A is for Abigail, An Almanac of Amazing American Women

A Time for Freedom

America, A Patriotic Primer

We the People

When Washington Crossed the Delaware, A Wintertime Story for

Young Patriots

Laurie Cockerell:
Founders’ Fables (older elementary)

Ingri and Edgar d’Aulaire:
Ben Franklin

George Washington

Dennis Fradin:
…Let It Begin Here “Lexington & Concord First Battles of the Revolution”

The Founders: The 39 Stories Behind the U.S. Constitution

The Signers: The 56 Stories Behind the Declaration of Independence

Russell Freedman:
Give Me Liberty! The Story of the Declaration of Independence

Lafayette and the American Revolution

Washington at Valley Forge

Jean Fritz:
Unforgettable Americans Series:

And Then What Happened, Paul Revere?

Can’t You Make Them Behave, King George?

George Washington’s Breakfast

Shh! We’re Writing the Constitution

What’s the Big Idea, Ben Franklin?

Where Was Patrick Henry on the 29th of May?

Why Don’t You Get a Horse, Sam Adams?

Why Not, Lafayette?

Will You Sign Here, John Hancock?

Kristina Gregory:
Five Smooth Stones: Hope’s Revolutionary War Diary

We are Patriots

The Winter of Red Snow, The Revolutionary War Diary of Abigail Jane Stewart, Valley Forge, Pennsylvania

Rush Limbaugh
The Rush Revere Time Travels Series

Betsy Maestro:
A More Perfect Union: The Story of Our Constitution

Tara Ross:
We Elect a President: The Story of Our Electoral College

Rebecca M. Siebach:
Enabling the People: The Amendments to the U.S. Constitution and How to Always Remember Them

Judith St. George:
The Journey of the One and Only Declaration of Independence

Take the Lead, George Washington

Juliette Turner:
Our Constitution Rocks

Our Presidents Rock

JR. HIGH SCHOOL STUDENTS:

Avi:
The Fighting Ground

Laurie Cockerell:
Founders’ Fables

James Collier:
Bloody Country

Deborah DeFord:
An Enemy Among Them

Howard Fast:
April Morning

Esther Forbes:
Johnny Tremain

Jean Fritz:
Early Thunder

Joan Goodman:
Hope’s Crossing

William Lavender:
Just Jane

James Lincoln and Christopher Collier:
My Brother Sam is Dead

Carla Killough McClafferty:
The Many Faces of George Washington

Scott O’Dell:
Sarah Bishop

Ann Rinaldi:
Cast Two Shadows

Finishing Becca

Time Enough for Drums

Tara Ross:
We Elect a President: The Story of Our Electoral College

Elizabeth George Spear:
Calico Captive

Sign of the Beaver

Juliette Turner:
Our Constitution Rocks

Our Presidents Rock

HIGH SCHOOL STUDENTS:

John Adams:
A Defense of the Constitution of the United States

George Clinton and Robert Yates:
Anti Federalist Papers

Christopher Coolings:
A Patriot’s History of the United States

James C. Reese:
George Washington’s Leadership Lessons

Joseph Story:
Commentaries on the Constitution of the United States

Juliette Turner:
Our Constitution Rocks

Our Presidents Rock

*Founding Documents: (See Adult Section)