Assignment #3: The US Constitution
Need everything in your own words. Not outside sources, Only the readings it’s there. Due in 26 hours
Bill of rights link: https://www.archives.gov/founding-docs/bill-of-rights-transcript
US Constitution link: https://www.archives.gov/founding-docs/constitution-transcript
Instructions:
- Read:
(a) The Constitution of the United States(The Articles)
(b) The Bill of Rights(The first ten Amendments) - Then answer the questions below on Canvas.
- Use your own words. Use complete sentences and correct spelling, grammar and punctuation.
- The Articles are the main part of the Constitution. The Amendments are in a different section.
- The Bill of Rights are the first 10 Amendments to the US Constitution
Part I:
Summarize the general purpose or subject of each ARTICLE in ONE SENTENCE. Use your own words.
- Article I
- Article II
- Article III
- Article IV
- Article V
- Article VI
- Article VII
Part II:
What are the two references to Religion? Summarize them in your own words.
- (Hint: one is in the Articles; the other is in the Bill of Rights)
Part III:
What are the three references to slavery IN THE ARTICLES? Note the word “slavery” is NOT used.
- For Part III, summarize each reference to slavery using your own words and indicate where the references can be found in the articles of the Constitution
THE CHICAGO HISTORY OF AMERICAN CIVIUZA TION
Daniel}. Boorstin , EDITOR
THE
BIRTH
OF THE
REPUBLIC
1763-89
THIRD EDITION
* ” it ;l; ·
EdmundS. Morgan
THE UNIVERSITY OF CHICAGO PRESS
Chicago and London
The University of Chicago Press, Chicago 60637
The University of Chicago Press, Ltd., London
© 1956, 1977, 1992 by The UniversityofChicago
All rights reserved. Third edition I 992
Primed in the United States of America
12 II 1009080706050403
678910
ISBN: 0-226-53757-9 (paper)
Library of Congress Cataloging-in-Publication Data
Morgan, Edmund Sears.
The birth of the Republic, I 763-89 I EdmundS. Morgan.- 3rd. ed.
p. em. – (The Chicago history of American civilization)
Includes bibliographical references and index.
I. United States-History-Revolution, 1775-1783. 2. United
States-History-Confederation, 1783-1789. I. Title. II. Series.
E208.M85 1992
973.3-dc20 92-8871
CIP
@ The paper used in this publication meets the minimum requirements of
the American National Standard for Information Sciences-Permanence of
Paper for Primed Library Materials, ANSI Z39.48- I 992.
FoR HELEN
APPENDIX
ARTICLE XII. All bills of credit emitted, monies borrowed and debts
contracted by, or under the authority of congress, before the assembling
of the united states, in pursuance of the present confederation, shall be
deemed and considered as a charge against the united states, for payment
and satisfaction whereof the said united states, and the public faith are
hereby solemnly pledged.
ARTICLE XIII. Every state shall abide by the determinations of the
united states in congress assembled, on all questions which by this confed-
eration are submitted to them. And the Articles of this confederation shall
be inviolably observed by every state, and the union shall be perpetual;
nor shall any alteration at any time hereafter be made in any of them;
unless such alteration be agreed to in a congress of the united states, and
be afterwards confirmed by the legislatures of every state.
And Whereas it hath pleased the Great Governor of the World to
incline the hearts of the legislatures we respectively represent in congress,
to approve of, and to authorize us to ratify the said articles of confederation
and perpetual union. Know Ye that we the undersigned delegates, by
virtue of the power and authority to us given for that purpose, do by these
presents, in the name and in behalf of our respective constituents, fully
and entirely ratify and confirm each and every of the said articles of
confederation and perpetual union, and all and singular the matters and
things therein contained: And we do further solemnly plight and engage
the fuith of our respective constituents, that they shall abide by the deter-
minations of the united states in congress assembled, on all questions,
which by the said confederation are submitted to them. And that the
articles thereof shall be inviolably observed by the states we respectively
represent, and that the union shall be perpetual. In Witness whereof we
have hereunto set our hands in Congress. Done at Philadelphia in the state
of Pennsylvania the ninth day of July, in the Year of our Lord one Thou-
sand seven Hundred and Seventy-eight, and in the third year of the inde-
pendence of America.
{Signatures omitted}
170
THE CONSTITUTION OF THE UNITED STATES
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defence, promote the general Welfure, and secure the Blessings
of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
ARTICLE. l.
Section. I. All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and House
of Representatives.
Section. 2. The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States, and the
Electors in each State shall have the Qualifications requisite for Electors of
the most numerous Branch of the State Legislature.
No person shall be a Representative who shall not have attained to the
Age of twenty five Years, and been seven Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that State in
which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several
States which may be included within this Union, according to their respec-
tive Numbers, which shall be determined by adding to the whole Number
offree Persons, including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other Persons. The actual
Enumeration shall be made within three Years after the first Meeting of
the Congress of the United States, and within every subsequent Term of
ten Years, in such Manner as they shall by Law direct. The Number
of Representatives shall not exceed one for every thirty Thousand, but
each State shall have at Least one Representative; and until such enumera-
tion shall be made, the State of New Hampshire shall be entitled to chuse
three, Massachusetts eight, Rhode Island and Providence Plantations one,
Connecticut five, New York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
This is a literal copy of the engrossed Constitution as signed. It is in four
sheets, with an additional sheet containing the resolutions of transmittal.
171
APPENDIX
When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill such Va-
canCies.
The House of Representatives shall chuse their Speaker and other Offi-
cers; and shall have the sole Power of Impeachment.
Section. 3. The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislature thereof, for six Years;
and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first
Election, they shall be divided as equally as may be into three Classes.
The Seats of the Senators of the first Class shall be vacated at the Expiration
of the second Year, of the second Class at the Expiration of the fourth
Year, and of the third Class at the Expiration of the sixth Year, so that
one third may be chosen every second Year; and if Vacancies happen by
Resignation, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments until the
next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age
of thirty Years, and been nine Years a Citizen of the United States, and
who shall not, when elected, be an Inhabitant of that State for which he
shall be chosen.
The Vice President of the United States shall be President of the Senate,
but· shall have no Vote, unless they be equally divided .
The Senate shall chuse their other Offices, and also a President pro
tempore, in the Absence of the Vice President, or when he shall exercise
the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When
sitting for that Purpose, they shall be on Oath or Affirmation. When the
president of the United States is tried, the Chief Justice shall preside: And
no Person shall be convicted without the Concurrence of two thirds of the
Members present.
Judgment in Cases of Impeachment shall not extend further than to
removal from Office, and disqualification to hold and enjoy any Office of
honor, Trust or Profit under the United States: but the Party convicted
shall nevertheless be liable and subject to Indictment, Trial, Judgment
and Punishment, according to Law.
Section. 4 . The Times, Places and Manner of holding Elections for Sena-
tors and Representatives, shall be prescribed in each State by the Legisla-
172
THE CONSTITUTION OF THE UNITED STATES
ture thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such
Meeting shall be on the first Monday in December, unless they shall by
Law appoint a different Day.
Section . 5. Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each shall constitute
a Quorum to do Business; but a smaller Number may adjourn from day
to day, and may be authorized to compel the Attendance of absent Mem-
bers, in such Manner, and under such Penalties as each House may
provide.
Each House may determine the Rules of its Proceedings , punish its
Members for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to
time publish the same, excepting such Parts as may in their Judgment
require Secrecy; and the Yeas and Nays of the Members of either House
on any question shall, at the Desire of one fifth of those Present, be entered
on the Journal.
Neither House, during the Session of Congress, shall, without the
Consent of the other, adjourn for more than three days, nor to any other
Place than that in which the two Houses shall be sitting .
Section. 6. The Senators and Representatives shall receive a Compensa-
tion for their Services, to be ascertained by Law, and paid out of the
Treasury of the United States. They shall in all Cases, except Treason ,
Felony and Breach of the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses, and in going to and
returning from the same; and for any Speech or Debate in either House,
they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was
elected, be appointed to any civil Office under the Authority of the United
States, which shall have been created, or the Emoluments whereof shall
have been encreased during such time; and no Person holding any Office
under the United States, shall be a Member of either House during his
Continuance in Office.
Section . 7. All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments
as on other Bills.
173
APPENDIX
Every Bill which shall have passed the House of Representatives and
the Senate, shall, before it become a Law, be presented co the President
of the United States; If he approve he shall sign it, but if not he shall
return it, with his Objections co that House in which it shall have origi-
nated, who shall enter the Objections at large on their Journal, and proceed
tO reconsider it. If after such Reconsideration two thirds of that House
shall agree co pass the Bill, it shall be sent, rogether with the Objections,
co the other House, by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become a Law. But in all
such Cases the Votes of both Houses shall be determined by yeas and
Nays, and the Names of the Persons voting for and against the Bill shall
be entered on the Journal of each House respectively. If any Bill shall not
be returned by the President within ten days (Sundays excepted) after it
shall have been presented to him, the Same shall be a Law, in like Manner
as if he had signed it, unless the Congress by their Adjournment prevent
its Return in which Case it shall not be a Law.
Every Order, Resolution, or Vote co which the Concurrence of the
Senate and House of Representatives may be necessary (except on a ques-
tion of Adjournment) shall be presented co the President of the United
States; and before the Same shall take Effect, shall be approved by him,
or being disapproved by him, shall be repassed by two thirds of the Senate
and House of Representatives, according co the Rules and Limitations
prescribed in the Case of a Bill.
Section. 8. The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welmre of the United States; but all Duties, Imposts
and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on
the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and
fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for
174
THE CONSTITUTION OF THE UNITED STATES
limited Times co Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas,
and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that
Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and
naval Forces;
To provide for calling forth the Militia co execute the Laws of the
Union, suppress Insurrections and repeal Invasions;
To provide for organizing, arming, and disciplining, the Militia, and
for governing such Part of them as may be employed in the Service of the
United States, reserving to the States respectively, the Appointment of
the Officers, and the Authority of training the Militia according co the
discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of particular
States, and the Acceptance of Congress, become the Seat of the Govern-
ment of the United States, and co exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards,
and other needful Buildings;-And
To make all Laws which shall be necessary and proper for carrying
into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Depart-
ment or Officer thereof.
Section. 9. The Migration or Importation of such Persons as any of the
States now existing shall think proper to admit, shall not be prohibited
by the Congress prior tO the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation, not exceeding
ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety may re-
quire it.
175
APPENDIX
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion
to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Reve-
nue to the Ports of one State over those of another: nor shall Vessels bound
to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law; and a regular Statement and Account of the
Receipts and Expenditures of all public Money shall be published from
time to time.
No Title of Nobility shall be granted by the United States: And no
Person holding any Office of Profit or Trust under them, shall, without
the Consent of the Congress, accept of any present, Emolument, Office,
or Title, of any kind whatever, from any King, Prince, or foreign State.
Section. 10. No State shall enter into any Treaty, Alliance, or Confedera-
tion; grant Letters of Marque and Reprisal; coin Money; emit Bills of
Credit; make any Thing but gold and silver Coin a Tender in Payment
of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing
the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts
or Duties on Imports or Exports, except what may be absolutely necessary
for executing its inspection Laws: and the net Produce of all Duties and
Imposts, laid by any State on Imports or Exports, shall be for the Use of
the Treasury of the United States: and all such Laws shall be subject to
the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any
Agreement or Compact with another State, or with a foreign Power, or
engage in War, unless actually invaded, or in such imminent Danger as
will not admit of delay.
ARTICLE. II.
Section. I. The executive Power shall be vested in a President of the
United States of America. He shall hold his Office during the Term of
four Years, and, together with the Vice President, chosen for the same
Term, be elected as follows
Each State shall appoint, in such Manner as the Legislature thereof may
176
THE CONSTITUTION OF THE UNITED STATES
direct, a Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the Congress: but
no Senator or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot
for two Persons, of whom one at least shall not be an Inhabitant of the
same State with themselves. And they shall make a List of all the Persons
voted for, and of the Number of Votes for each; which List they shall sign
and certify, and transmit sealed to the Seat of the Government of the
United States, directed to the President of the Senate. The President of
the Senate shall, in the Presence of the Senate and House of Representa-
tives, open all the Certificates, and the Votes shall then be counted. The
Person having the greatest Number of Votes shall be the President, if
such Number be a Majority of the whole Number of Electors appointed;
and if there be more than one who have such Majority, and have an equal
Number of Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person have a Major-
ity, then from the five highest on the List the said House shall in like
Manner chuse the President. But in chusing the President, the Votes shall
be taken by States, the Representation from each State having one Vote;
A quorum for this Purpose shall consist of a Member or Members from
two thirds of the States, and a Majority of all the States shall be necessary
to a Choice. In every Case, after the Choice of the President, the Person
having the greatest Number of Votes of the Electors shall be the Vice
President. But if there should remain two or more who have equal Votes,
the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and
the Day on which they shall give their Votes; which Day shall be the
same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United
States, at the time of the Adoption of this Constitution, shall be eligible
to the Office of President; neither shall any Person be eligible to that
Office who shall not have attained to the Age of thirty five Years, and
been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death,
Resignation, or Inability to discharge the Powers and Duties of the said
Office, the Same shall devolve on the Vice President, and the Congress
may by Law provide for the Case of Removal, Death, Resignation or
177
APPENDIX
Inability, both of the President and Vice President, declaring what Officer
shall then act as President , and such Officer shall act accordingly, until
the Disability be removed , or a President shall be elected .
The President shall, at stated Times, receive for his Services, a Compen-
sation , which shall neither be encreased nor diminished during the Period
for which he shall have been elected, and he shall not receive within that
Period any other Emolument from the United States, or any of them .
Before he enter on the Execution of his Office, he shall take the follow-
ing Oath or Mfirmation:-“I do solemnly swear (or affirm) that I will
faithfully execute the Office of President of the United States, and will to
the best of my Ability, preserve , protect and defend the Constitution of
the United States .”
Section . 2. The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the several States ,
when called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Officer in each of the executive
Departments, upon any Subject relating to the Duties of their respective
Offices , and he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators present
concur; and he shall nominate , and by and with the Advice and Consent
of the Senate, shall appoint Ambassadors, other public Ministers and
Consuls , Judges of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided for , and
which shall be established by Law : but the Congress may by Law vest the
Appointment of such inferior Officers , as they think proper, in the Presi-
dent alone , in the Courts of Law, or in the Heads of Departments .
The President shall have Power to fill up all Vacancies that may happen
during the Recess of the Senate, by granting Commissions which shall
expire at the End of their next Session .
Section. 3. He shall from time to time give to the Congress Information
of the State of the Union, and recommend to their Consideration such
Measures as he shall judge necessary and expedient; he may, on extraordi-
nary Occasions, convene both Houses, or either of them, and in Case of
Disagreement between them, with Respect to the Time of Adjournment ,
he may adjourn them to such Time as he shall think proper; he shall
receive Ambassadors and other public Ministers; he shall take Care that
178
THE CONSTITUTION OF THE UNITED STATES
the Laws be faithfully executed , and shall Commission all the Officers of
the United States.
Section. 4. The President, Vice President and all civil Officers of the
United States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery , or other high Crimes and Misdemeanors .
ARTICLE. III.
Section . I. The judicial Power of the United States, shall be vested in
one supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish. The Judges, both of the supreme and
inferior Courts, shall hold their Offices during good Behaviour, and shall ,
at stated Times, receive for their Services, a Compensation, which shall
not be diminished during their Continuance in Office.
Section. 2 . The judicial Power shall extend to all Cases , in Law and
Equity, arising under this Constitution , the Laws of the United States,
and Treaties made, or which shall be made , under their Authority;-to
all Cases affecting Ambassadors, other public Ministers and Consuls;-
to all Cases of admiralty and maritime Jurisdiction;-to Controversies to
which the United States shall be a Party ;-to Controversies between two
or more States;-between a State and Citizens of another State;-between
Citizens of different States,-between Citizens of the same State claiming
Lands under Grants of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls,
and those in which a State shall be Party , the supreme Court shall have
original Jurisdiction. In all the other Cases before mentioned, the supreme
Court shall have appellate Jurisdiction, both as to Law and Fact, with
such Exceptions, and under such Regulations as the Congress shall make .
The Trial of all Crimes, except in Cases of Impeachment, shall be by
Jury; and such Trial shall be held in the State where the said Crimes shall
have been committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress may by Law have
directed .
Section. 3. Treason against the United States, shall consist only in levy-
ing War against them , or in adhering to t.heir Enemies, giving them Aid
and Comfort. No Person shall be convicted of Treason unless on the
Testimony of two Witnesses to the same overt Act, or on Confession in
open Court.
179
APPENDIX
The Congress shall have Power to declare the Punishment of Treason,
but no Attainder of Treason shall work Corruption of Blood, or Forfeiture
except during the Life of the Person attainted.
ARTICLE. IV.
Section. I. Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every other State. And
the Congress may by general Laws prescribe the Manner in which such
Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2. The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime,
who shall flee from Justice, and be found in another State, shall on De-
mand of the executive Authority of the State from which he fled, be
delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in Consequence of any Law or Regu-
lation therein, be discharged from such Service or Labour, but shall be
delivered up on Claim of the Party to whom such Service or Labour may
be due.
Section. 3. New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within the Jurisdiction
of any other State; nor any State be formed by the Junction of two or
more States, or Pans of States, without the Consent of the Legislatures of
the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules
and Regulations respecting the Territory or other Property belonging to
the United States; and nothing in this Constitution shall be so construed
as to Prejudice any Claims of the United States, or of any particular State.
Section. 4. The United States shall guarantee to every State in this
Union a Republican Form of Government, and shall protect each of them
against Invasion; and on Application of the Legislature, or of the Executive
(when the Legislature cannot be convened) against domestic Violence.
ARTICLE. V .
The Congress, whenever two thirds of both Houses shall deem it neces-
sary, shall propose Amendments to this Constitution, or, on the Applica-
tion of the Legislatures of two thirds of the several States, shall call a
Convention for proposing Amendments, which, in either Case, shall be
180
THE CONSTITUTION OF THE UNITED STATES
valid to all Intents and Purposes, as Part of this Constitution, when ratified
by the Legislatures of three fourths of the several States, or by Conventions
in three fourths thereof, as the one or the ocher Mode of Ratification may
be proposed by the Congress; Provided char no Amendment which may
be made prior to the Year One thousand eight hundred and eight shall
in any Manner affect the first and fourth Clauses in the Ninth Section of
the first Article; and char no Scare, without irs Consent, shall be deprived
of its equal Suffrage in the Senate.
ARTICLE. VI.
All Debes contracted and Engagements entered into, before the Adop-
tion of chis Constitution, shall be as valid against the United Scares under
chis Conscicucion, as under the Confederation.
This Conscicucion, and the Laws of the United Scares which shall be
made in Pursuance thereof; and all Treaties made, or which shall be made ,
under the Authority of the United Scates, shall be the supreme Law of
the Land; and the Judges in every Scare shall be bound thereby, any Thing
in the Constitution or Laws of any Scare to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members
of the several Scare Legislatures, and all executive and judicial Officers,
both of the United Scares and of the several Scares, shall be bound by
Oath or Mfirmacion, to support chis Constitution; bur no religious Test
shall ever be required as a Qualification to any Office or public Trust
under the United Scares.
ARTICLE. VII .
The Ratification of the Conventions of nine Scares, shall be sufficient
for the Establishment of chis Constitution between the Scares so rarifying
the Same.
done in Convention by the Unanimous Consent of the Scares present the
Seventeenth Day of September in the Year of our Lord one thousand seven
hundred and Eighty seven and of the Independence of the United Scares
of America the Twelfth In witness whereof We have hereunto subscribed
our Names,
G0 WASHINGTON-Presid’ . .
and deputy from Virginia
[Ocher signatures omitted]
181
BILL OF RIGHTS
AMENDMENT I
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech ,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances .
AMENDMENT II
A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed .
AMENDMENT Ill
No Soldier shall, in time of peace, be quartered in any house, without
the consent of the Owner, nor in time of war, but in a manner to be
prescribed by law .
The right of the people to be secure in their persons, houses, papers,
and effects , against unreasonable searches and seizures, shall not be vio-
lated, and no Warrants shall issue, but upon probable cause , supported
by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
No person shall be held to answer for a capital or otherwise infiunous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
The first ten amendments were passed by Congress September 25 , 1789 . They
were ratified by three-fourths of the states December 15, 1791.
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APPENDIX
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against him;
to have compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence .
.AMENDMENT VII
In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise reexamined in any Court of the United
States, than according to the rules of the common law.
AMENDMENT VIII
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
.AMENDMENT IX
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people .
AMENDMENT X
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.
184
Bibliographical Note
To treat so large a subject as the Revolution and the Constitution in so
few pages as I have done suggests an intellectual arrogance which I take
this opportunity to disavow . I pretend to know well only small portions
of the period I have covered; for the rest I have relied heavily on the works
of other historians who have spent more lifetimes on the subject than I or
any other individual has available. I wish to name here a few of those
works I have found most useful, together with some in which the reader
will find an antidote for my own conscious and unconscious peculiarities
of viewpoint.
The first, and in many ways the greatest, historian of the Revolutionary
period was the Jacksonian Democrat, George Bancroft. Sooner or later
anyone who wishes to know the Revolution must go to his History of the
United States ( 10 vols., 1834-74). Though he was not always scrupulous
in his use of quotations, though he wrote the extravagant prose of the
nineteenth century, though he saw the hand of God operating in. places
where we would not detect it, he did his work from a voluminous knowl-
edge of the manuscript records and archives as well as the printed materials
of the time. He knew them at least as well as those of us whose way has
been eased by microfilm and copying machines; and he did address himself
to the central question: How did the United States come into being as a
nation dedicated to principles of hberty and equahty> “‘
Subsequent histonans have not been able to this question as
confidently as Bancroft did, but they have revised his answer at many
points, and they have also asked and answered many related questions that
Bancroft neglected. They have, for example, examined more closely the
latent forces making for coherence in American life before the Revolution-
185