If you listen to the podcast you're aware of the book by our very own AJ Todd and Bucky Calhoun. Below is the first part in a series Bucky Calhoun will lay out to help educate everyone, including us, on the Constitution. There seems to be a large misunderstanding about what it says and what it doesn't say, to include the Amendments. Grab your canteen cups, fill them up with your favorite beverage and settle in.
- Josh
Over the next few months I will lay out the history of the Constitution, the basics of our government construct, and the specifics of the Constitution and each Constitutional Amendment. It will be "Schoolhouse Rock" style and will highlight the history, pertinent Supreme Court cases, and where we find those Supreme Court cases and Amendments in todays news. I hope you stick around.
May, 1787. The Revolutionary War is over. A country is born, but like me doing yoga, it is struggling greatly. The Articles of Confederation were clearly not going to be enough to hold the states together. A stronger, more lasting solution was needed and needed desperately. James Madison believed one of the main problems was the federal government's inability to regulate commerce and settle disputes between states. Shay's Rebellion a year earlier pointed to larger problems on the horizon, even perhaps a new revolution. Something had to be done immediately. After many meetings and discussions, a Constitutional Convention convened in Philadelphia.
Seventy-four delegates were appointed to attend the convention. Rhode Island refused as they believed the convention usurped the established government. A number of the most prominent figures in politics were absent. Patrick Henry, John Jay, Thomas Jefferson, and John Adams were all otherwise engaged. The presence of Benjamin Franklin, George Washington, James Madison, George Mason, and Alexander Hamilton lent credibility to the convention and business got underway.
Virginia and New Jersey came prepared and opened the convention with their own plans. Some argued for a federation-style central government. Other argued for no federal government at all, still weary of centralized power. James Madison made an impassioned speech which outlined a government with three branches, an Executive Branch, a Legislative Branch, and a Judicial Branch. Each branch would be equal and a check against the others. Many of the delegates argued against this as they viewed it would overpower the states.
Candid debate and passioned arguments continued. After two months, the first draft of the Constitution came to life on August 6, 1787. As debate over details continued, George Mason became concerned there was nothing in the newly drafted Constitution which outlined specific, individual liberties. This would lead to continued debate, arguments, and lead to some delegates threatening to abandon it all together. George Mason wrote to his son he “would rather chop off his right hand than put it to the Constitution as it now stands.”
On September 17, the delegates met for the last time. The months of toil lay before them, printed on paper. The newly drafted Constitution had cheerleaders and detractors. Some were hopeful of what it could do, others fearful. Regardless, the work was done and now it was up to the states to choose whether to ratify it.
The real tests and debates were yet to come.
In the next part I will lay out the clash between the Federalists and Anti-Federalists. A critical piece to understanding how the Bill of Rights came to fruition.
You can find me on Facebook: @buckycalhoun and IG: @buckycalhoun
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