documentary hist of the const of usa

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Documentary History

of the

Constitution

of the

United States of America

U.S. State Department

Contents

egend: HTML or Submenu | Text | Zipped | Image

olume 1, 1894

Title page

Introductory Note

Proceedings of the Annapolis Convention

Proceedings of the Continental Congress

Credentials of Delegates to the Federal Convention

Receipt of the Secretary of State to the President of the Federal Convention

Proceedings of the Federal Convention

Appendix: Papers Subsequently Received

olume 2, 1894

Title page

Introductory Note

Letter of the President of the Federal Convention to the President of Congress, Transmitting thConstitution

The Constitution

Resolution of the Federal Convention Submitting the Constitution to Congress

Resolution of Congress Submitting the Constitution to the Several States

Circular Letter of the Secretary of Congress Transmitting Copy of the Constitution to the Seve

Governors

Proceedings of Congress

Declaration of New York Convention of the Ratification of the Constitution

Documentary History of the Constitution of the United States of America

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Ratification of the Constitution by the State of New York: July 261788.[1]

Ethe Delegates of the People of the State of New York, duly elected and Met in Convention, havin

aturely considered the Constitution for the United States of America, agreed to on the seventeenth

September, in the year One thousand Seven hundred and Eighty seven, by the Convention then

sembled at Philadelphia in the Common-wealth of Pennsylvania (a Copy whereof precedes these

esents) and having also seriously and deliberately considered the present situation of the United Sto declare and make known.

hat all Power is originally vested in and consequently derived from the People, and that Governmen

stituted by them for their common Interest Protection and Security.

hat the enjoyment of Life, Liberty and the pursuit of Happiness are essential rights which everyovernment ought to respect and preserve.

hat the Powers of Government may be reassumed by the People, whensoever it shall become neces

their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clea

legated to the Congress of the United States, or the departments of the Government thereof, remaine People of the several States, or to their respective State Governments to whom they may have gra

e same; And that those Clauses in the said Constitution, which declare, that Congress shall not hav

ercise certain Powers, do not imply that Congress is entitled to any Powers not given by the saidonstitution; but such Clauses are to be construed either as exceptions to certain specified Powers, o

serted merely for greater Caution.

hat the People have an equal, natural and unalienable right, freely and peaceably to Exercise their

eligion according to the dictates of Conscience, and that no Religious Sect or Society ought to be

voured or established by Law in preference of others.

hat the People have a right to keep and bear Arms; that a well regulated Militia, including the body

e People capable of bearing Arms, is the proper, natural and safe defence of a free State;

hat the Militia should not be subject to Martial Law except in time of War, Rebellion or Insurrectio

hat standing Armies in time of Peace are dangerous to Liberty, and ought not to be kept up, except ases of necessity; and that at all times, the Military should be under strict Subordination to the civil

ower.

hat in time of Peace no Soldier ought to be quartered in any House without the consent of the Owne

d in time of War only by the Civil Magistrate in such manner as the Laws may direct.

hat no Person ought to be taken imprisoned, or disseised of his freehold, or be exiled or deprived of

ivileges, Franchises, Life, Liberty or Property but by due process of Law.

hat no Person ought to be put twice in Jeopardy of Life or Limb for one and the same Offence, nor,

nless in case of impeachment, be punished more than once for the same Offence.

hat every Person restrained of his Liberty is entitled to an enquiry into the lawfulness of such restra

d to a removal thereof if unlawful, and that such enquiry and removal ought not to be denied or

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layed, except when on account of Public Danger the Congress shall suspend the privilege of the W

Habeas Corpus.

hat excessive Bail ought not to be required; nor excessive Fines imposed; nor Cruel or unusual

unishments inflicted.

hat (except in the Government of the Land and Naval Forces, and of the Militia when in actual Serv

d in cases of Impeachment) a Presentment or Indictment by a Grand Jury ought to be observed as a

cessary preliminary to the trial of all Crimes cognizable by the Judiciary of the United States, and

ial should be speedy, public, and by an impartial Jury of the County where the Crime was committ

d that no person can be found Guilty without the unanimous consent of such Jury. But in cases ofrimes not committed within any County of any of the United States, and in Cases of Crimes commi

ithin any County in which a general Insurrection may prevail, or which may be in the possession of

reign Enemy, the enquiry and trial may be in such County as the Congress shall by Law direct; wh

ounty in the two Cases last mentioned should be as near as conveniently may be to that County in

hich the Crime may have been committed. And that in all Criminal Prosecutions, the Accused ough

informed of the cause and nature of his Accusation, to be confronted with his accusers and the

itnesses against him, to have the means of producing his Witnesses, and the assistance of Council f

s defense, and should not be compelled to give Evidence against himself.

hat the trial by Jury in the extent that it obtains by the Common Law of England is one of the greate

curities to the rights of a free People, and ought to remain inviolate.

hat every Freeman has a right to be secure from all unreasonable searches and seizures of his perso

pers or his property, and therefore, that all Warrants to search suspected places or seize any Freem

s papers or property, without information upon Oath or Affirmation of sufficient cause, are grievou

d oppressive; and that all general Warrants (or such in which the place or person suspected are not

rticularly designated) are dangerous and ought not to be granted.

hat the People have a right peaceably to assemble together to consult for their common good, or tostruct their Representatives; and that every person has a right to Petition or apply to the Legislature

dress of Grievances. That the Freedom of the Press ought not to be violated or restrained.

hat there should be once in four years an Election of the President and Vice President, so that no Of

ho may be appointed by the Congress to act as President in case of the removal, death, resignation ability of the President and Vice President can in any case continue to act beyond the termination o

riod for which the last President and Vice President were elected.

hat nothing contained in the said Constitution is to be construed to prevent the Legislature of any St

om passing Laws at its discretion from time to time to divide such State into convenient Districts, aapportion its Representatives to and amongst such Districts.

hat the Prohibition contained in the said Constitution against ex post factoLaws, extends only to La

ncerning Crimes.

hat all Appeals in Causes determineable according to the course of the common Law, ought to be b

rit of Error and not otherwise.

hat the Judicial Power of the United States in cases in which a State may be a party, does not extend




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iminal Prosecutions, or to authorize any Suit by any Person against a State.

hat the Judicial Power of the United States as to Controversies between Citizens of the same Stateaiming Lands under Grants of different States is not to be construed to extend to any other

ontroversies between them except those which relate to such Lands, so claimed under Grants of

fferent States.

hat the Jurisdiction of the Supreme Court of the United States, or of any other Court to be instituted

e Congress, is not in any case to be encreased enlarged or extended by any Fiction Collusion or me

ggestion; And That no Treaty is to be construed so to operate as to alter the Constitution of any

ate.

nder these impressions and declaring that the rights aforesaid cannot be abridged or violated, and th

e Explanations aforesaid are consistent with the said Constitution, And in confidence that the

mendments which shall have been proposed to the said Constitution will receive an early and matu

onsideration: We the said Delegates, in the Name and in the behalf of the People of the State of Ne

ork Do by these presents Assent to and Ratify the said Constitution. In full Confidence nevertheles

at until a Convention shall be called and convened for proposing Amendments to the said Constitut

e Militia of this State will not be continued in Service out of this State for a longer term than six weithout the Consent of the Legislature thereof; that the Congress will not make or alter anyegulation in this State respecting the times places and manner of holding Elections for Senators or

epresentatives unless the Legislature of this State shall neglect or refuse to make Laws or regulation

r the purpose, or from any circumstance be incapable of making the same, and that in those cases s

ower will only be exercised until the Legislature of this State shall make provision in the Premises;

at no Excise will be imposed on any Article of the Growth production or Manufacture of the United

ates, or any of them within this State, Ardent Spirits excepted; And that the Congress will not lay d

axes within this State, but when the Monies arising from the Impost and Excise shall be insufficien

e public Exigencies, nor then, until Congress shall first have made a Requisition upon this State to

sess levy and pay the Amount of such Requisition made agreably to the Census fixed in the saidonstitution in such way and manner as the Legislature of this State shall judge best, but that in such

se, if the State shall neglect or refuse to pay its proportion pursuant to such Requisition, then the

ongress may assess and levy this States proportion together with Interest at the Rate of six per Centr Annum from the time at which the same was required to be paid.

Done in Convention at Poughkeepsie in the Co

of Dutchess in the State of New York the tw

sixth day of July in the year of our Lord

thousand Seven hundred and Eighty e

By Order of the Convention.

GEO: CLINTON President

ttested

OHN McKESSON

BMB. BANCKER | Secretaries

NDthe Convention do in the Name and Behalf of the People of the State of New York enjoin it upo




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eir Representatives in the Congress, to Exert all their Influence, and use all reasonable means to Ob

Ratification of the following Amendments to the said Constitution in the manner prescribed therein

d in all Laws to be passed by the Congress in the meantime to conform to the spirit of the said

mendments as far as the Constitution will admit.

hat there shall be one Representative for every thirty thousand Inhabitants, according to the

umeration or Census mentioned in the Constitution, until the whole number of Representatives

mounts to two hundred; after which that number shall be continued or encreased but not diminished

ongress shall direct, and according to such ratio as the Congress shall fix, in conformity to the ruleescribed for the Apportionment of Representatives and direct Taxes.

hat the Congress do not impose any Excise on any Article (except Ardent Spirits) of the Growth

oduction or Manufacture of the United States, or any of them.

hat Congress do not lay direct Taxes but when the Monies arising from the Impost and Excise shall

sufficient for the Public Exigencies. nor then until Congress shall first have made a Requisition upo

e States to assess levy and pay their respective proportions of such Requisition, agreably to the Cen

xed in the said Constitution, in such way and manner as the Legislatures of the respective States sha

dge best; and in such Case, if any State shall neglect or refuse to pay its proportion pursuant to suchequisition, then Congress may assess and levy such States proportion, together with Interest at the rsix per Centum per Annum, from the time of Payment prescribed in such Requisition.

hat the Congress shall not make or alter any Regulation in any State respecting the times places and

anner of holding Elections for Senators or Representatives, unless the Legislature of such State sha

glect or refuse to make Laws or Regulations for the purpose, or from any circumstance be incapab

aking the same; and then only until the Legislature of such State shall make provision in the premis

ovided that Congress may prescribe the time for the Election of Representatives.

hat no Persons except natural born Citizens, or such as were Citizens on or before the fourth day of

ne thousand seven hundred and seventy six, or such as held Commissions under the United Statesuring the War, and have at any time since the fourth day of July one thousand seven hundred and

venty six become Citizens of one or other of the United States, and who shall be Freeholders, shall

igible to the Places of President, Vice President, or Members of either House of the Congress of the

nited States.

hat the Congress do not grant Monopolies or erect any Company with exclusive Advantages of

ommerce.

hat no standing Army or regular Troops shall be raised or kept up in time of peace, without the con

two-thirds of the Senators and Representatives present, in each House.

hat no Money be borrowed on the Credit of the United States without the Assent of two-thirds of th

enators and Representatives present in each House.

hat the Congress shall not declare War Without the concurrence of two-thirds of the Senators and

epresentatives present in each House.

hat the Privilege of theHabeas Corpusshall not by any Law be suspended for a longer term than si

onths, or until twenty days after the Meeting of the Congress next following the passing of the Act




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ch suspension.

hat the Right of the Congress to exercise exclusive Legislation over such District, not exceeding teniles square, as may by cession of a particular State, and the acceptance of Congress, become the Se

e Government of the United States, shall not be so exercised, as to exempt the Inhabitants of such

istrict from paying the like Taxes Imposts Duties and Excises, as shall be imposed on the other

habitants of the State in which such District may be; and that no person shall be privileged within t

id District from Arrest for Crimes committed, or Debts contracted out of the said District.

hat the Right of exclusive Legislation with respect to such places as may be purchased for the Erect

Forts, Magazines, Arsenals, Dockyards and other needful Buildings, shall not authorize the Congrmake any Law to prevent the Laws of the States respectively in which they may be, from extendin

ch places in ail civil and Criminal Matters except as to such Persons as shall be in the Service of th

nited States; nor to them witl respect to Crimes committed without such Places.

hat the Compensation for the Senators and Representatives be ascertained by standing Laws; and th

o alteration of the existing rate of Compensation shall operate for the Benefit of the Representatives

ntil after a subsequent Election shall have been had.

hat the Journals of the Congress shall be published at least once a year, with the exception of such plating to Treaties or Military operations, as in the Judgment of either House shall require Secrecy; a

at both Houses of Congress shall always keep their Doors open during their Sessions, unless the

usiness may in their Opinion requires Secrecy. That the yeas & nays shall be entered on the Journal

henever two Members in either House may require it.

hat no Capitation Tax shall ever be laid by the Congress.

hat no Person be eligible as a Senator for more than six years in any term of twelve years; and that t

egislatures of the respective States may recal their Senators or either of them, and ["to" stricken out

ect others in their stead, to serve the remainder of the time for which the Senators so recalled werepointed.

hat no Senator or Representative shall during the time for which he was elected be appointed to any

ffice under the Authority of the United States.

hat the Authority given to the Executives of the States to fill the vacancies of Senators be abolished

d that such vacancies be filled by the respective Legislatures.

hat the Power of Congress to pass uniform Laws concerning Bankruptcy shall only extend to Merch

d other Traders; and that the States respectively may pass Laws for the relief of other Insolvent

ebtors.

hat no Person shall be eligible to the Office of President of the United States a third time.

hat the Executive shall not grant Pardons for Treason, unless with the Consent of the Congress; buthis discretion grant Reprieves to persons convicted of Treason, until their Cases, can be laid before

ongress.

hat the President or person exercising his Powers for the time being, shall not command an Army in

eld in person, without the previous desire of the Congress.




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hat all Letters Patent, Commissions, Pardons, Writs and Process of the United States, shall run in th

ame of the People of the United States, and be tested in the Name of the President of the United Sta

the person exercising his powers for the time being, or the first Judge of the Court out of which th

me shall issue, as the case may be.

hat the Congress shall not constitute ordain or establish any Tribunals or Inferior Courts, with any o

an Appellate Jurisdiction, except such as may be necessary for the Tryal of Causes of Admiralty an

aritime Jurisdiction, and for the Trial of Piracies and Felonies committed on the High Seas; and in

her Cases to which the Judicial Power of the United States extends, and in which the Supreme Coue United States has not original Jurisdiction, the Causes shall be heard tried, and determined in som

ne of the State Courts, with the right of Appeal to the Supreme Court of the United States, or other

oper Tribunal to be established for that purpose by the Congress, with such exceptions, and under s

gulations as the Congress shall make.

hat the Court for the Trial of Impeachments shall consist of the Senate, the Judges of the Supreme

ourt of the United States, and the first or Senior Judge for the time being, of the highest Court of

neral and ordinary common Law Jurisdiction in each State; that the Congress shall by standingaws designate the Courts in the respective States answering this Description, and in States having n

ourts exactly answering this Description, shall designate some other Court, preferring such if any th, whose Judge or Judges may hold their places during good Behaviour Provided that no more th

ne Judge, other than Judges of the Supreme Court of the United States, shall come from one State

hat the Congress be authorized to pass Laws for compensating the said Judges for such Services an

mpelling their Attendance and that a Majority at least of the said Judges shall be requisite to

nstitute the said Court that no person impeached shall sit as a Member thereof. That each Memb

all previous to the entering upon any Trial take an Oath or Affirmation, honestly and impartially to

ar and determine the Cause and that a Majority of the Members present shall be necessary to a

onviction.

hat persons aggrieved by any Judgment, Sentence or Decree of the Supreme Court of the United Stany Cause in which that Court has original Jurisdiction, with such exceptions and under such

egulations as the Congress shall make concerning the same, shall upon application, have a Commis

be issued by the President of the United States, to such Men learned in the Law as he shall nomina

d by and with the Advice and consent of the Senate appoint, not less than seven, authorizing such

ommissioners, or any seven or more of them, to correct the Errors in such Judgment or to review su

entence and Decree, as the case may be, and to do Justice to the parties in the Premises.

hat no Judge of the Supreme Court of the United States shall hold any other Office under the Unite

ates, or any of them.

hat the Judicial Power of the United States shall extend to no Controversies respecting Land, unless

late to Claims of Territory or Jurisdiction between States, or to Claims of Land between Individual

tween States and Individuals under the Grants of different States.

hat the Militia of any State shall not be compelled to serve without the limits of the State for a long

rm than six weeks, without the Consent of the Legislature thereof.

hat the words without the Consent of the Congressin the seventh Clause of the ninth Section of the

rticle of the Constitution, be expunged.




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hat the Senators and Representatives and all Executive and Judicial Officers of the United States sh

bound by Oath or Affirmation not to infringe or violate the Constitutions or Rights of the respecti

ates.

hat the Legislatures of the respective States may make Provision by Law, that the Electors of theection Districts to be by them appointed shall chuse a Citizen of the United States who shall have b

Inhabitant of such District for the Term of one year immediately proceeding the time of his Electi

r one of the Representatives of such State.

Done in Convention at Poughkeepsie in the Co

of Dutchess in the State of New York the tw

sixth day of July in the year of our Lord

thousand seven hundred and Eighty e

By Order of the Convention.

GEO: CLINTON President

ttested

OHN McKESSON

BMB. BANCKER | Secretaries

[INDORSEMENT]

New York

Reprinted from Documentary History of the Constitution, Vol. II (1894), pp 190-203.

Debates in New York Convention on Ratification of the Constitution

liot's Debates Contents| Liberty Library| Home| Constitution Society


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tification of the Constitution by the State of New York: July 26, 1788.[1]

the Delegates of the People of the State of New York, duly elected and

t in Convention, having maturely considered the Constitution for the

ited States of America, agreed to on the seventeenth day of September, in

e year One thousand Seven hundred and Eighty seven, by the Convention then

sembled at Philadelphia in the Common-wealth of Pennsylvania (a Copy

ereof precedes these presents) and having also seriously and deliberately

nsidered the present situation of the United States, Do declare and make

own.

at all Power is originally vested in and consequently derived from the

ople, and that Government is instituted by them for their common Interest

otection and Security.

at the enjoyment of Life, Liberty and the pursuit of Happiness are

sential rights which every Government ought to respect and preserve.

at the Powers of Government may be reassumed by the People, whensoever it

all become necessary to their Happiness; that every Power, Jurisdiction

d right, which is not by the said Constitution clearly delegated to the

ngress of the United States, or the departments of the Government thereof,

mains to the People of the several States, or to their respective Statevernments to whom they may have granted the same; And that those Clauses

the said Constitution, which declare, that Congress shall not have or

ercise certain Powers, do not imply that Congress is entitled to any

wers not given by the said Constitution; but such Clauses are to be

nstrued either as exceptions to certain specified Powers, or as inserted

rely for greater Caution.

at the People have an equal, natural and unalienable right, freely and

aceably to Exercise their Religion according to the dictates of

nscience, and that no Religious Sect or Society ought to be favoured or

tablished by Law in preference of others.

at the People have a right to keep and bear Arms; that a well regulatedlitia, including the body of the People capable of bearing Arms, is the

oper, natural and safe defence of a free State;

at the Militia should not be subject to Martial Law except in time of War,

bellion or Insurrection.

at standing Armies in time of Peace are dangerous to Liberty, and ought

t to be kept up, except in Cases of necessity; and that at all times, the

litary should be under strict Subordination to the civil Power.

at in time of Peace no Soldier ought to be quartered in any House without

e consent of the Owner, and in time of War only by the Civil Magistrate in

ch manner as the Laws may direct.

at no Person ought to be taken imprisoned, or disseised of his freehold,

be exiled or deprived of his Privileges, Franchises, Life, Liberty or

operty but by due process of Law.

at no Person ought to be put twice in Jeopardy of Life or Limb for one and

e same Offence, nor, unless in case of impeachment, be punished more than

ce for the same Offence.

at every Person restrained of his Liberty is entitled to an enquiry into

e lawfulness of such restraint, and to a removal thereof if unlawful, and

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at such enquiry and removal ought not to be denied or delayed, except when

account of Public Danger the Congress shall suspend the privilege of the

it of Habeas Corpus.

at excessive Bail ought not to be required; nor excessive Fines imposed;

r Cruel or unusual Punishments inflicted.

at (except in the Government of the Land and Naval Forces, and of the

litia when in actual Service, and in cases of Impeachment) a Presentment

Indictment by a Grand Jury ought to be observed as a necessary

eliminary to the trial of all Crimes cognizable by the Judiciary of the

ited States, and such Trial should be speedy, public, and by an impartial

ry of the County where the Crime was committed; and that no person can be

und Guilty without the unanimous consent of such Jury. But in cases of

imes not committed within any County of any of the United States, and in

ses of Crimes committed within any County in which a general Insurrection

y prevail, or which may be in the possession of a foreign Enemy, the

quiry and trial may be in such County as the Congress shall by Law direct;

ich County in the two Cases last mentioned should be as near as

nveniently may be to that County in which the Crime may have been

mmitted. And that in all Criminal Prosecutions, the Accused ought to be

formed of the cause and nature of his Accusation, to be confronted with

s accusers and the Witnesses against him, to have the means of producing

s Witnesses, and the assistance of Council for his defense, and should notcompelled to give Evidence against himself.

at the trial by Jury in the extent that it obtains by the Common Law of

gland is one of the greatest securities to the rights of a free People,

d ought to remain inviolate.

at every Freeman has a right to be secure from all unreasonable searches

d seizures of his person his papers or his property, and therefore, that

l Warrants to search suspected places or seize any Freeman his papers or

operty, without information upon Oath or Affirmation of sufficient cause,

e grievous and oppressive; and that all general Warrants (or such in which

e place or person suspected are not particularly designated) are dangerous

d ought not to be granted.

at the People have a right peaceably to assemble together to consult for

eir common good, or to instruct their Representatives; and that every

rson has a right to Petition or apply to the Legislature for redress of

ievances. -- That the Freedom of the Press ought not to be violated or

strained.

at there should be once in four years an Election of the President and

ce President, so that no Officer who may be appointed by the Congress to

t as President in case of the removal, death, resignation or inability of

e President and Vice President can in any case continue to act beyond the

rmination of the period for which the last President and Vice President

re elected.

at nothing contained in the said Constitution is to be construed to

event the Legislature of any State from passing Laws at its discretion

om time to time to divide such State into convenient Districts, and to

portion its Representatives to and amongst such Districts.

at the Prohibition contained in the said Constitution against en post

cto Laws, extends only to Laws concerning Crimes.

at all Appeals in Causes determineable according to the course of the

mmon Law, ought to be by Writ of Error and not otherwise.




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at the Judicial Power of the United States in cases in which a State may

a party, does not extend to criminal Prosecutions, or to authorize any

it by any Person against a State.

at the Judicial Power of the United States as to Controversies between

tizens of the same State claiming Lands under Grants of different States

not to be construed to extend to any other Controversies between them

cept those which relate to such Lands, so claimed under Grants of

fferent States.

at the Jurisdiction of the Supreme Court of the United States, or of any

her Court to be instituted by the Congress, is not in any case to be

creased enlarged or extended by any Fiction Collusion or mere suggestion;

And That no Treaty is to be construed so to operate as to alter the

nstitution of any State.

der these impressions and declaring that the rights aforesaid cannot be

ridged or violated, and that the Explanations aforesaid are consistent

th the said Constitution, And in confidence that the Amendments which

all have been proposed to the said Constitution will receive an early and

ture Consideration: We the said Delegates, in the Name and in the behalf

the People of the State of New York Do by these presents Assent to and

tify the said Constitution. In full Confidence nevertheless that until anvention shall be called and convened for proposing Amendments to the said

nstitution, the Militia of this State will not be continued in Service out

this State for a longer term than six weeks without the Consent of the

gislature thereof; -- that the Congress will not make or alter any

gulation in this State respecting the times places and manner of holding

ections for Senators or Representatives unless the Legislature of this

ate shall neglect or refuse to make Laws or regulations for the purpose,

from any circumstance be incapable of making the same, and that in those

ses such power will only be exercised until the Legislature of this State

all make provision in the Premises; -- that no Excise will be imposed on

y Article of the Growth production or Manufacture of the United States, or

y of them within this State, Ardent Spirits excepted; And that the

ngress will not lay direct Taxes within this State, but when the Moniesising from the Impost and Excise shall be insufficient for the public

igencies, nor then, until Congress shall first have made a Requisition

on this State to assess levy and pay the Amount of such Requisition made

reably to the Census fixed in the said Constitution in such way and manner

the Legislature of this State shall judge best, but that in such case, if

e State shall neglect or refuse to pay its proportion pursuant to such

quisition, then the Congress may assess and levy this States proportion

gether with Interest at the Rate of six per Centum per Annum from the time

which the same was required to be paid.

ne in Convention at Poughkeepsie in the County

Dutchess in the State of New York the twenty

xth day of July in the year of our Lord One

ousand Seven hundred and Eighty eight.

Order of the Convention.

O: CLINTON President

tested

HN McKESSON

M B. BANCKER | Secretaries --

D the Convention do in the Name and Behalf of the People of the State of




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w York enjoin it upon their Representatives in the Congress, to Exert all

eir Influence, and use all reasonable means to Obtain a Ratification of

e following Amendments to the said Constitution in the manner prescribed

erein; and in all Laws to be passed by the Congress in the meantime to

nform to the spirit of the said Amendments as far as the Constitution will

mit.

at there shall be one Representative for every thirty thousand

habitants, according to the enumeration or Census mentioned in the

nstitution, until the whole number of Representatives amounts to two

ndred; after which that number shall be continued or encreased but not

minished, as Congress shall direct, and according to such ratio as the

ngress shall fix, in conformity to the rule prescribed for the

portionment of Representatives and direct Taxes.

at the Congress do not impose any Excise on any Article (except Ardent

irits) of the Growth Production or Manufacture of the United States, or

y of them.

at Congress do not lay direct Taxes but when the Monies arising from the

post and Excise shall be insufficient for the Public Exigencies. nor then

til Congress shall first have made a Requisition upon the States to assess

vy and pay their respective proportions of such Requisition, agreably to

e Census fixed in the said Constitution, in such way and manner as thegislatures of the respective States shall judge best; and in such Case, if

y State shall neglect or refuse to pay its proportion pursuant to such

quisition, then Congress may assess and levy such States proportion,

gether with Interest at the rate of six per Centum per Annum, from the

me of Payment prescribed in such Requisition.

at the Congress shall not make or alter any Regulation in any State

specting the times places and manner of holding Elections for Senators or

presentatives, unless the Legislature of such State shall neglect or

fuse to make Laws or Regulations for the purpose, or from any circumstance

incapable of making the same; and then only until the Legislature of such

ate shall make provision in the premises; provided that Congress may

escribe the time for the Election of Representatives.

at no Persons except natural born Citizens, or such as were Citizens on or

fore the fourth day of July one thousand seven hundred and seventy six, or

ch as held Commissions under the United States during the War, and have at

y time since the fourth day of July one thousand seven hundred and seventy

x become Citizens of one or other of the United States, and who shall be

eeholders, shall be eligible to the Places of President, Vice President,

Members of either House of the Congress of the United States.

at the Congress do not grant Monopolies or erect any Company with

clusive Advantages of Commerce.

at no standing Army or regular Troops shall be raised or kept up in time

peace, without the consent of two-thirds of the Senators and

presentatives present, in each House.

at no Money be borrowed on the Credit of the United States without the

sent of two-thirds of the Senators and Representatives present in each

use.

at the Congress shall not declare War Without the concurrence of

o-thirds of the Senators and Representatives present in each House.

at the Privilege of the Habeas Corpus shall not by any Law be suspended




15/32

r a longer term than six Months, or until twenty days after the Meeting of

e Congress next following the passing of the Act for such suspension.

at the Right of the Congress to exercise exclusive Legislation over such

strict, not exceeding ten Miles square, as may by cession of a particular

ate, and the acceptance of Congress, become the Seat of the Government of

e United States, shall not be so exercised, as to exempt the Inhabitants

such District from paying the like Taxes Imposts Duties and Excises, as

all be imposed on the other Inhabitants of the State in which such

strict may be; and that no person shall be privileged within the said

strict from Arrest for Crimes committed, or Debts contracted out of the

id District.

at the Right of exclusive Legislation with respect to such places as may

purchased for the Erection of Forts, Magazines, Arsenals, Dockyards and

her needful Buildings, shall not authorize the Congress to make any Law to

event the Laws of the States respectively in which they may be, from

tending to such places in ail civil and Criminal Matters except as to such

rsons as shall be in the Service of the United States; nor to them witl

spect to Crimes committed without such Places.

at the Compensation for the Senators and Representatives be ascertained by

anding Laws; and that no alteration of the existing rate of Compensation

all operate for the Benefit of the Representatives, until after absequent Election shall have been had.

at the Journals of the Congress shall be published at least once a year,

th the exception of such parts relating to Treaties or Military

erations, as in the Judgment of either House shall require Secrecy; and

at both Houses of Congress shall always keep their Doors open during their

ssions, unless the Business may in their Opinion requires Secrecy. That

e yeas & nays shall be entered on the Journals whenever two Members in

ther House may require it.

at no Capitation Tax shall ever be laid by the Congress.

at no Person be eligible as a Senator for more than six years in any termtwelve years; and that the Legislatures of the respective States may

cal their Senators or either of them, and ["to" stricken out] elect others

their stead, to serve the remainder of the time for which the Senators so

called were appointed.

at no Senator or Representative shall during the time for which he was

ected be appointed to any Office under the Authority of the United States.

at the Authority given to the Executives of the States to fill the

cancies of Senators be abolished, and that such vacancies be filled by the

spective Legislatures.

at the Power of Congress to pass uniform Laws concerning Bankruptcy shall

ly extend to Merchants and other Traders; and that the States respectively

y pass Laws for the relief of other Insolvent Debtors.

at no Person shall be eligible to the Office of President of the United

ates a third time.

at the Executive shall not grant Pardons for Treason, unless with the

nsent of the Congress; but may at his discretion grant Reprieves to

rsons convicted of Treason, until their Cases, can be laid before the

ngress.




16/32

at the President or person exercising his Powers for the time being, shall

t command an Army in the Field in person, without the previous desire of

e Congress.

at all Letters Patent, Commissions, Pardons, Writs and Process of the

ited States, shall run in the Name of the People of the United States, and

tested in the Name of the President of the United States, or the person

ercising his powers for the time being, or the first Judge of the Court

t of which the same shall issue, as the case may be.

at the Congress shall not constitute ordain or establish any Tribunals or

ferior Courts, with any other than Appellate Jurisdiction, except such as

y be necessary for the Tryal of Causes of Admiralty and Maritime

risdiction, and for the Trial of Piracies and Felonies committed on the

gh Seas; and in all other Cases to which the Judicial Power of the United

ates extends, and in which the Supreme Court of the United States has not

iginal Jurisdiction, the Causes shall be heard tried, and determined in

me one of the State Courts, with the right of Appeal to the Supreme Court

the United States, or other proper Tribunal to be established for that

rpose by the Congress, with such exceptions, and under such regulations as

e Congress shall make.

at the Court for the Trial of Impeachments shall consist of the Senate,

e Judges of the Supreme Court of the United States, and the first ornior Judge for the time being, of the highest Court of general and

dinary common Law Jurisdiction in each State; -- that the Congress shall

standing Laws designate the Courts in the respective States answering

is Description, and in States having no Courts exactly answering this

scription, shall designate some other Court, preferring such if any there

, whose Judge or Judges may hold their places during good Behaviour --

ovided that no more than one Judge, other than Judges of the Supreme Court

the United States, shall come from one State -- That the Congress be

thorized to pass Laws for compensating the said Judges for such Services

d for compelling their Attendance -- and that a Majority at least of the

id Judges shall be requisite to constitute the said Court -- that no

rson impeached shall sit as a Member thereof. That each Member shall

evious to the entering upon any Trial take an Oath or Affirmation,nestly and impartially to hear and determine the Cause -- and that a

jority of the Members present shall be necessary to a Conviction.

at persons aggrieved by any Judgment, Sentence or Decree of the Supreme

urt of the United States, in any Cause in which that Court has original

risdiction, with such exceptions and under such Regulations as the

ngress shall make concerning the same, shall upon application, have a

mmission to be issued by the President of the United States, to such Men

arned in the Law as he shall nominate, and by and with the Advice and

nsent of the Senate appoint, not less than seven, authorizing such

mmissioners, or any seven or more of them, to correct the Errors in such

dgment or to review such Sentence and Decree, as the case may be, and to

Justice to the parties in the Premises.

at no Judge of the Supreme Court of the United States shall hold any other

fice under the United States, or any of them.

at the Judicial Power of the United States shall extend to no

ntroversies respecting Land, unless it relate to Claims of Territory or

risdiction between States, or to Claims of Land between Individuals, or

tween States and Individuals under the Grants of different States.

at the Militia of any State shall not be compelled to serve without the

mits of the State for a longer term than six weeks, without the Consent of




17/32

e Legislature thereof.

at the words without the Consent of the Congress in the seventh Clause of

e ninth Section of the first Article of the Constitution, be expunged.

at the Senators and Representatives and all Executive and Judicial

ficers of the United States shall be bound by Oath or Affirmation not to

fringe or violate the Constitutions or Rights of the respective States.

at the Legislatures of the respective States may make Provision by Law,

at the Electors of the Election Districts to be by them appointed shall

use a Citizen of the United States who shall have been an Inhabitant of

ch District for the Term of one year immediately proceeding the time of

s Election, for one of the Representatives of such State.

ne in Convention at Poughkeepsie in the County

Dutchess in the State of New York the twenty

xth day of July in the year of our Lord One

ousand seven hundred and Eighty eight.

Order of the Convention.

O: CLINTON President

tested --

HN McKESSON

M B. BANCKER | Secretaries --

----

Reprinted from Documentary History of the Constitution, Vol. II (1894),

190-203.




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Liberty Libraryof

Constitutional Classicshe following is a list of the classic books and other works on constitutional government, which we

ther include in our collection, or plan to add.

egend: If more than one file format available, click on the button to get the indicatedrmat:

HTML | Text | Zipped WP | Adobe PDF | RTF | MS Word | Image

Library Guides Various analyses of key ideas and how they were advanced by some of

works in this collection.

1.

Code of Hammurabi(~1780 BCE) Early Mesopotamian legal code laid basis for lat

Hebraic and European law.

2.

Ancient Greek and Latin Library Selected works on ancient history, customs and law3.

Institutes, Justinian (533) The main part of the Corpus Juris Civilisthe other parts being th

Digest, Code, andNovels, which codified Roman Law. In Latin and English.

4.

Constitutions of Clarendon(1164) Established rights of laymen and the church in

England.

5.

Assize of Clarendon(1166) Defined rights and duties of courts and people in crimin

cases.

6.

Assize of Arms(1181) Defined rights and duties of people and militias.7.

Magna Carta(1215) Established the principle that no one, not even the king or a

lawmaker, is above the law.

8.

Confirmatio Cartarum(1297) United Magna Carta to the common law by declaring

that the Magna Carta could be pled in court.

9.

On the Laws and Customs of England, Henry de Bracton (1268) First codification of Engl

common law.

10.

Summa Theologica, St. Thomas Aquinas (1265-1273) Discusses foundations of law andjustice.

11.

The Declaration of Arbroath(1320) Scotland's declaration of independence from

England.

12.

The Prince, Niccolo Machiavelli (1513) Practical advice on governance and statecra

with thoughts on the kinds of problems any government must be able to solve to endure.

13.

Utopia, Thomas More (1516) Satirical analysis of shortcomings of his society and a

vision of what could be.

14.

iberty Library of Constitutional Classics

ttp://www.constitution.org/liberlib.htm (1 of 10) [1/9/2001 2:20:01 PM]
http://www.constitution.org/tm/utopia.txthttp://www.constitution.org/tm/utopia.htmhttp://www.constitution.org/mac/prince.txthttp://www.constitution.org/mac/prince00.htmhttp://www.constitution.org/scot/arbroath.txthttp://www.constitution.org/scot/arbroath.htmhttp://www.constitution.org/eng/confir_cartarum.txthttp://www.constitution.org/eng/confir_cartarum.htmhttp://www.constitution.org/eng/magcart.jpghttp://www.constitution.org/eng/magnacar.txthttp://www.constitution.org/eng/magnacar.htmhttp://www.constitution.org/eng/assizarm.txthttp://www.constitution.org/eng/assizarm.htmhttp://www.constitution.org/eng/assizcla.txthttp://www.constitution.org/eng/assizcla.htmhttp://www.constitution.org/eng/consclar.txthttp://www.constitution.org/eng/consclar.htmhttp://www.constitution.org/grlatlib.htmhttp://www.constitution.org/ime/hammurabi.txthttp://www.constitution.org/ime/hammurabi.htmhttp://www.constitution.org/lg/guides.htm


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Discourses on Livy, Niccolo Machiavelli (1517 tr. Henry Neville 1675) Argues for th

ideal form of government being a republic based on popular consent, defended by militia.

15.

Britton, (~1530) Abridged, updated, more readable, and more widely used codification bas

on Bracton, originally in the French of the English court, reflecting changes in the law, includi

changes in juries.

16.

Relectiones, Franciscus de Victoria (lect. 1532, first pub. 1557) IncludesDe Indisan

iure belli, arguing for humane treatment of native Americans and of enemies in war. Provided

basis for the law of nationsdoctrine.

17.

In Defense of the Indians, Bartolom de Las Casas (~1548) Argues for respecting the righ

Native Americans.

18.

Six Books of the Commonwealth, Jean Bodin (~1590 tr. Richard Knolles 1606, tr. & ab

M.J. Tooley 1955) Originated modern ideas of sovereignty, the state, and citizenship.

19.

Politica, Johannes Althusius (1614) First presented a comprehensive theory of federal

republicanism based on a covenantal model of human society.

20.

The Mayflower Compact(1620) One of the first expressions of the social contract i

written form.

21.

On Laws of War and Peace, Hugo Grotius (1625) Sets out principles of natural law and thelaws of nations.

22.

The New Atlantis, Francis Bacon (1627) Utopian vision of support for scientific

research as a foundation of good government.

23.

The First Part of the Institutes of the Laws of England, Sir Edward Coke (1628) Further

codification of English common law.

24.

The Petition of Right(1628) The objectives of the reform movement that led to the

English Civil War and the deposing of Charles I.

25.

Fundamental Orders of Connecticut(1639) The first written constitution.26.

Massachusetts Body of Liberties(1641) Early written expression of the liberties

asserted by the colonists in reaction to the oppressions of European governments.

27.

A Plea for Religious Liberty, Roger Williams (1644) Early expression of the princip

of religious tolerance by the founder of the colony of Rhode Island.

28.

On Liberty, John Winthrop (1645) Discusses liberties demanded by the colonists.29.

Selected Works of the Levellers(1645-9) Militia leaders who sought legal reforms latesought by the American Revolution and embodied in the U.S. Constitution and Bill of Rights.

IncludesAn Agreement of the Free People of England, an early attempt at a republican

constitution.

30.

The Citizen, Thomas Hobbes (1641-47) Discussion of the natural law foundations of

government.

31.

Leviathan, Thomas Hobbes (1651) Laid basis for social contract theory, providing

branching point for the theories of constitutionalism and fascism.

32.


http://www.constitution.org/th/leviatha.txthttp://www.constitution.org/th/leviatha.htmhttp://www.constitution.org/th/decive.ziphttp://www.constitution.org/th/decive.htmhttp://www.constitution.org/lev/levellers.htmhttp://www.constitution.org/bcp/winthlib.txthttp://www.constitution.org/bcp/winthlib.htmhttp://www.constitution.org/bcp/religlib.txthttp://www.constitution.org/bcp/religlib.htmhttp://www.constitution.org/bcp/mabodlib.txthttp://www.constitution.org/bcp/mabodlib.htmhttp://www.constitution.org/bcp/fo_1639.txthttp://www.constitution.org/bcp/fo_1639.htmhttp://www.constitution.org/eng/petright.txthttp://www.constitution.org/eng/petright.htmhttp://www.constitution.org/bacon/new_atlantis.txthttp://www.constitution.org/bacon/new_atlantis.htmhttp://www.constitution.org/bcp/mayfcomp.txthttp://www.constitution.org/bcp/mayfcomp.htmhttp://www.constitution.org/bodin/bodin.txthttp://www.constitution.org/bodin/bodin_.htmhttp://www.constitution.org/victoria/victoria.txthttp://www.constitution.org/victoria/victoria_.htmhttp://www.constitution.org/mac/disclivy.txthttp://www.constitution.org/mac/disclivy_.htm


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Selected Political Works of John Milton Includes Tenure of Kings and Magistrates(1649

andDefense of the People of England(1651).

33.

The Commonwealth of Oceana, James Harrington (1656) Outline of a plan for republic

government.

34.

Vindiciae Contra Tyrannos, "Junius Brutus" (1660) In 1683 it was ordered to be bur35.

Theologico-Political Treatise, Baruch de Spinoza (1670) Discussed the ultimate source of

legitimate political power.

36.

On the Duty of Man and Citizen According to Natural Law, Samuel Pufendorf (1673,

tr. Frank Gardner Moore) Based law and right on natural law.

37.

The Law of Nature and of Nations, Samuel Pufendorf (1674, tr. Basil Kennett 1703) Deriv

justice and the law of nations from natural law.

38.

Bacon's Declaration in the Name of the People(1676) The manifesto of a rebellion

Virginia led by Nathaniel Bacon.

39.

Political Treatise, Baruch de Spinoza (1677) Constitutional considerations of variou

forms of government, including ideas that later influenced the Founders.

40.

Habeas Corpus Act(1679) English Parliament established key right.41.

Plato Redivivus, Henry Neville (1681) Argued for limits on the powers of governme42.

Frame of Government of Pennsylvania, William Penn (1682) Early model for writ

constitutions.

43.

English Bill of Rights(1689) Early model for recognizing natural rights in writing.

Much of its language appeared later in the Declaration of Independence and U.S. Constitution

44.

Second Treatise on Government, John Locke (1689) Principal proponent of the soci

contract theory which forms the basis for modern constitutional republican government.

45.

A Letter Concerning Toleration, John Locke (1689) Classic statement of the case fo

toleration of those holding different views.

46.

A Discourse of Government with Relation to Militias, Andrew Fletcher (1698) Anal

importance of the militia to legitimate government, law enforcement, and national defense.

47.

Discourses Concerning Government, Algernon Sidney (1698) Built principles of popul

government from foundation of natural law and the social contract.

48.

Constitution of the Iroquois Confederacy A model for a federal system of governme

for several Native American nations, it influenced Franklin's proposed Albany Plan of Union.

49.

Abridgement of the Project for Perpetual Peace, Abb Charles de Saint-Pierre (1713) Plan

peace in Europe.

50.

Selected Works of Walter Moyle, (~1696-1721, pub. 1796) Includes Constitution of th

Roman State, a commentary on English constitutional issues from a Whig perspective.51.

Selections from Cato's Letters, John Trenchard and Thomas Gordon (1720-23) English

newspaper articles advocating Whig principles, which much influenced the American colonist

52.


http://www.constitution.org/cl/cato_000.htmhttp://www.constitution.org/moyle/moyle.htmhttp://www.constitution.org/cons/iroquois.txthttp://www.constitution.org/cons/iroquois.htmhttp://www.constitution.org/as/dcg_000.htmhttp://www.constitution.org/fletchr/fletchr.txthttp://www.constitution.org/fletchr/fletchr.htmhttp://www.constitution.org/jl/tolerati.txthttp://www.constitution.org/jl/tolerati.htmhttp://www.constitution.org/jl/2ndtreat.txthttp://www.constitution.org/jl/2ndtreat.htmhttp://www.constitution.org/eng/eng_bor.txthttp://www.constitution.org/eng/eng_bor.htmhttp://www.constitution.org/bcp/frampenn.txthttp://www.constitution.org/bcp/frampenn.htmhttp://www.constitution.org/neville/pla_red.txthttp://www.constitution.org/neville/pla_red_.htmhttp://www.constitution.org/eng/habcorpa.txthttp://www.constitution.org/eng/habcorpa.htmhttp://www.constitution.org/bs/poltreat.txthttp://www.constitution.org/bs/poltr-00.htmhttp://www.constitution.org/bcp/baconpeo.txthttp://www.constitution.org/bcp/baconpeo.htmhttp://www.constitution.org/puf/puf-dut.txthttp://www.constitution.org/puf/puf-dut.htmhttp://www.constitution.org/vct/vindiciae.txthttp://www.constitution.org/vct/vindiciae.htmhttp://www.constitution.org/jh/oceana.htm


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Questions of Public Law, Cornelius van Bynkershoek (1737) Develops the law of

nations and constitutional (public) law beyond Grotius and Pufendorf.

53.

An account of Denmark, as it was in the year 1692, Robert Molesworth (5th ed. 1745)

Commentary on Denmark that is really a commentary on constituitonal issues in England.

54.

The Principles of Natural and Politic Law, J. Burlamaqui (1748, tr. Thomas Nugent 17

Commentary on the natural law ideas of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke,

Clarke, and Hutchinson.

55.

The Spirit of Laws, Charles de Montesquieu, (1748, tr. Thomas Nugent 1752) Laid t

foundations for the theory of republican government, particularly the concepts of the separatio

powers into legislative, executive, and judicial, a federal republic, representatives elected from

political subdivisions, a bicameral legislature, and a system of checks and balances.

56.

Selected Essays of David Hume, (1754) Includes "Idea of a Perfect Commonwealth",

which inspired the federal design of the U.S. Constitution.

57.

Albany Plan of Union, Benjamin Franklin (1754) An early model for union that laid

foundation for what would eventually become the federal union.

58.

In Defense of a Plan for Colonial Union, Benjamin Franklin (1754) Arguments in f

of the Albany Plan of Union, which was rejected as too democratic.

59.

Selected Political Works of Jean Jacques Rousseau, (1754-1772) Includes Social

ContractandA Discourse on Political Economy.

60.

The Law of Nations, Emmerich de Vattel (1758) Based constitutional and civil law o

the law of nations.

61.

Selected Works of Voltaire, (~1764) Includes The Philosophy of HistoryandA Treatise o

Toleration.

62.

The Declaration of Rights of the Stamp Act Congress(1765) Developed the conce

that people could not legitimately be taxed except by their elected representatives.

63.

The Declaratory Act(1766) The English Parliament repealed the Stamp Act, butcouldn't leave well enough alone, and adopted this statement of parliamentary supremacy over

British colonies.

64.

On Crimes and Punishments, Cesare Beccaria (1764) Set out rights of the accused in

criminal proceedings. Argues for crime prevention over punishment, and against the death penand torture.

65.

An Essay on the History of Civil Society, Adam Ferguson (1767) The evolution of

societies and their forms of government.

66.

Camden, Mansfield and the English Constitution The rivalry between two British jur

helped provoke the American Revolution and shaped the evolution of the jury system in both

Britain and the United States.

67.

Letters of Junius, Unknown (1767-72) Letters from an English Whig and ally of Lord Cam

against the efforts of Lord Mansfield to restrict the role of juries, and on other constitutional

topics.

68.


http://www.constitution.org/bcp/man-cam.htmhttp://www.constitution.org/af/civil.txthttp://www.constitution.org/af/civil.htmhttp://www.constitution.org/cb/crim_pun.txthttp://www.constitution.org/cb/crim_pun.htmhttp://www.constitution.org/bcp/decl_act.txthttp://www.constitution.org/bcp/decl_act.htmhttp://www.constitution.org/bcp/dor_sac.txthttp://www.constitution.org/bcp/dor_sac.htmhttp://www.constitution.org/vattel/vattel.txthttp://www.constitution.org/vattel/vattel.htmhttp://www.constitution.org/jjr/jjr.htmhttp://www.constitution.org/bcp/colunion.txthttp://www.constitution.org/bcp/colunion.htmhttp://www.constitution.org/bcp/albany.txthttp://www.constitution.org/bcp/albany.htmhttp://www.constitution.org/dh/hume.htmhttp://www.constitution.org/cm/sol.txthttp://www.constitution.org/cm/sol.htmhttp://www.constitution.org/burla/burla.txthttp://www.constitution.org/burla/burla_.htmhttp://www.constitution.org/bynk/bynk.txthttp://www.constitution.org/bynk/bynk.htm


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Selected Political Works of Joseph Priestley Includes First Principles of Government(17

and Present State of Liberty(1769).

69.

The English Constitution, John Louis De Lolme (1771) Discusses separation of powers, th

jury system, and habeas corpus.

70.

The Rights of the Colonists, Samuel Adams (1772) The Report of the Committee of

Correspondence to the Boston Town Meeting.

71.

Declaration of Colonial Rights, First Continental Congress (1774) Developed theprinciples being violated by British rule.

72.

Political Disquisitions, James Burgh (1775) Constitutional thinking of an English Whig.73.

Declaration of Taking Up Arms, Second Continental Congress (1775) Last step bef

declaring independence.

74.

On Civil Liberty, Passive Obedience, and Nonresistance, Jonathan Boucher (1775)

Urged obedience to established authority, representing statist view of constitutional principles

75.

Selected Writings of Thomas Paine Includes Common Sense(1776) andRights of Man(1792).

76.

The Virginia Declaration of Rights(1776) Further developed principles being violaby British rule, adopted as part of Virginia Constitution. Contains accepted definition of militia

77.

U.S. Declaration of Independence(1776) Classic statement of what constitutes

legitimate government and under what conditions men were justified in resorting to armed

revolution to change it.

78.

Selected Political Works of Richard Price Includes Civil Liberty(1776) and

Importance of the American Revolution(1784).

79.

Articles of Confederation First attempt to form a common government for the newlindependent states.

80.

Civil Government, Josiah Tucker (1781) Critique of English constitution and commentary o

Locke.

81.

The Principles of Morals and Legislation, Jeremy Bentham (1781) Introduced

utilitarianism, to provide a better theoretical foundation for penal statutory law than natural law

theory.

82.

Metaphysics of Morals, Immanual Kant (1785) Set out the Categorical Imperative doctrine

right based on natural law

Introduction to the ..., tr. W. Hastie (1785)1.

Fundamental Principles of the ..., tr. Thomas Kingsmill Abbott (1785)2.

83.

The Northwest Ordinance(1787) Model for administration of common territory no

a part of any state.

84.

Constitutional Ratification Debates

Debates in the Federal Convention of 1787, James Madison. These are the

proceedings of the Constitutional Convention held in Philadelphia, an essential guide to

1.

85.


http://www.constitution.org/dfc/dfc-1787.txthttp://www.constitution.org/dfc/dfc_0000.htmhttp://www.constitution.org/cons/northwes.txthttp://www.constitution.org/cons/northwes.htmhttp://www.constitution.org/kant/metamora.txthttp://www.constitution.org/kant/metamora.txthttp://www.constitution.org/kant/ntrometa.txthttp://www.constitution.org/kant/ntrometa.htmhttp://www.constitution.org/jb/pml.txthttp://www.constitution.org/jb/pml.htmhttp://www.constitution.org/cons/usa-conf.txthttp://www.constitution.org/cons/usa-conf.htmhttp://www.constitution.org/price/price.txthttp://www.constitution.org/price/price_.htmhttp://www.constitution.org/cons/decorig.jpghttp://www.constitution.org/usdeclar.txthttp://www.constitution.org/usdeclar.htmhttp://www.constitution.org/bcp/virg_dor.txthttp://www.constitution.org/bcp/virg_dor.htmhttp://www.constitution.org/tp/paine.htmhttp://www.constitution.org/bcp/nonresis.txthttp://www.constitution.org/bcp/nonresis.htmhttp://www.constitution.org/bcp/takuparm.txthttp://www.constitution.org/bcp/takuparm.htmhttp://www.constitution.org/bcp/colright.txthttp://www.constitution.org/bcp/colright.htmhttp://www.constitution.org/bcp/right_col.txthttp://www.constitution.org/bcp/right_col.htm


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interpreting the intent of the Framers.

Constitution for the United States(1787) Annotated and linked to other

documents in this collection.

2.

The Federalist Papers, James Madison, Alexander Hamilton, John Jay (1787-88)

Arguments for ratification of the proposed Constitution.

3.

Anti-Federalist Papers(1787-89) Various essays criticizing the proposed

Constitution and urging changes.

4.

The Debates in the Several Conventions on the Adoption of the Federal Constitutio

Jonathan Elliot (1836) A collection of documents, including proceedings of the ratifystate conventions.

5.

Documentary History of the Constitution of the United States of America, U.S. Sta

Department (1894, 1900) A collection of documents, including some not in Elliot's

Debates or the other works listed.

6.

Documentary History of the Bill of Rights From the English Bill of Rights throu

the proposed amendments of the state ratifying conventions to the drafts debated in

Congress before adopting the final version.

7.

Selected Essays from the Founding Period Lectures, newspaper articles, and sermon

which reflect the understanding of constitutional issues during the founding period.

8.

A Defense of the Constitutions of Government of the United States of America, John Ada

(1787-89) Argued for a broad interpretation of national powers. Comprehensive collection

quotes from political philosophers and historians that influenced the Founders.

86.

Declaration of the Rights of Man and the Citizen(Marquis de Lafayette, Thomas Jefferso

1789) Manifesto of the French Revolution, expressing its ideals.

87.

Selected Works of Edmund Burke(1788-92) Commentary on the American and French

Revolutions and the political issues they raised.

88.

The Declaration of the Rights of Women, Olympe de Gouge (1790) Statement of an early

feminist.

89.

A Vindication of the Rights of Women, Mary Wollstonecraft (1792) Set forth the

arguments for women's rights. Mother of Mary Wollstonecraft Shelley, the author of Frankens

90.

Perpetual Peace, Immanual Kant (1795) Further discussion of natural right and the p

for peace.

91.

Federalist-Republican Debates 1792-1800

Against the Constitutionality of the Bank of the United States, Thomas Jeffers1.

For the Constitutionality of the Bank of the United States , Alexander Hamilto2.

The Virginia Report, J.W. Randolph, ed. (1850) Documents and commentary aris

out of the controversies attending the Alien and Sedition Acts, including the KentuckyResolutionsof 1798 and 1799 and the Virginia Resolutionof 1798, which set forth the

"Doctrine of '98" concerning constitutional interpretation, and led to the "Revolution of

3.

92.


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1800", the dominance of the Jeffersonians, and the demise of the Federalist Party.

First Inaugural Address, Thomas Jefferson (1801) Represents the triumph of

strict constructionists following the excesses represented by the Alien and Sedition Acts

4.

Selected Works of Thomas Jefferson Includes complete Writings of Thomas Jefferso

Albert Ellery Bergh, ed., 19 vol. (1905).

93.

Selected Works of James Madison Selected writings bearing on constitutional

interpretation.

94.

Tucker's Blackstone, St. George Tucker (1803) The Commentaries on the Laws of Engl

by William Blackstone (1769), with additional commentaries by Tucker adapting the commonto the needs of the U.S. Constitution.

95.

Dallas, Cranchand Wheaton Three successive collections of U.S. Supreme Court decisio

covering 1789-1816.

96.

An Inquiry into the Principles and Policy of the Government of the United States, John Tayl

(1814) A response to John Adams'A Defense of the Constitutions of Government of the Un

States of America.

97.

The Olive Branch: or, Faults on Both Sides, Federal and Democratic..., Matthew Carey (18 Treatise on the constitutional issues dividing the federalists and democrats.

98.

Construction Contrued and Constitutions Vindicated, John Taylor (1820) A response to so

of the misconstructions of the Constitution by the Marshall Court.

99.

The Elements of the Art of Packing, As Applied to Special Juries, Particularly in Cases of L

Law, Jeremy Bentham (written 1809, published 1821) Critical treatise on abuses of the Eng

jury system and ways to reform it, which provides a historical background to practices that

continue to this day. The first publisher in 1817 of excerpts from this work was prosecuted twi

for doing so, and the second three times, but in each attempt, juries acquitted them.

00.

Commentaries on American Law, James Kent (1826) Kent's Commentariessucceeded

Tucker's Blackstoneby reformulating the relevant content of Blackstone's Commentariesand

integrating Common Law with Constitutional Law up to that time.

01.

A View of the Constitution, William Rawle (1829) Early commentary on the

Constitution and how it should be interpreted. Made point that the Bill of Rights also applied t

states, something that would later be denied, then partially reassserted by the 14th Amendmen

the doctrine of (selective) incorporation.

02.

An Historical Essay on the Magna Charta, Richard Thomson (1829) Definitive commenta

on the fundamental documents, including the Magna Charta, the Charters of Liberties andConfirmations of Henry III and Edward I, and the Original Charter of the Forests, and their

relation to the common law.

03.

Hayne-Webster Debate(1830) Debates between Daniel Webster, representing a broade

construction of federal powers, and Robert Y. Hayne, representing strict construction and the

views of John C. Calhoun.

04.

Selected Works of John C. Calhoun, (1831) Includes "A Disquisition on Government" an

"A Discourse on the Constitution and Government of the United States". Developed the doctri

of concurrent majority, interposition, nullificationand state secession, to correct what he

05.


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perceived as a defect in the design of the Constitution that permits a persistent majority to

dominate all three branches of government and legislate against the interests of a minority to th

point where they would consider their rights violated.

Commentaries on the Constitution of the United States, Joseph Story (1833) Authorita

commentaries by an early Supreme Court justice who helped shape interpretation of the

Constitution for the next century.

06.

On Democracy in America, Alexis de Toqueville (1835, 1840) Discusses the society that

makes republican government work and how it is shaped by that form of government.

07.

A Brief Enquiry into the True Nature and Character of our Federal Government, ..., A

Parker Upshur (1840, 1868) A review of Joseph Story's Commentaries on the Constitution

the United States, arguing against some of Story's expansive interpretations of national powers

08.

Man the Reformer, Ralph Waldo Emerson (1841).09.

Civil Disobedience, Henry David Thoreau (1849) Discusses duty of individuals to re

government excesses.

10.

The Law, Frederick Bastiat (1850) Classic treatment of one of the main challenges to th

survival of democratic government.

11.

Bouvier Law Dictionary, John Bouvier (1856). Also available as two self-extracting

executables: Part 1and Part 2.

12.

On Liberty, John Stuart Mill (1860) Develops a theory of civil liberties and discusses

what rights should be recognized and protected.

13.

Representative Government, John Stuart Mill (1861) Discusses various representatio

methods and the advantages and difficulties with each.

14.

Commentaries on the Criminal Law, 6th Ed. Vol. 1, Joel P. Bishop (1865) Discussion of t

limits on the constitutional authority to impose criminal penalites in various jurisdictions.

15.

Manual of the Constitution of the United States of America, T. Farrar (1867) Provides a v

of the state of constitutional interpretation as of that time.

16.

The Constitution of the United States: Defined & Carefully Annotated, George W. Paschal

(1868) Interpretative citations for each clause and term in the Constitution.

17.

An Introduction to the Constitutional Law of the United States, John N. Pomeroy (1868)

Commentary on the state of constitutional jurisprudence during the Reconstruction Period, wit

guidance on interpretation of the Fourteenth Amendment.

18.

A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Powers of ThStates of the American Union, Thomas M. Cooley (1868, 1883) Commentary reflecting

constitutional thought at the time.

19.

The Subjection of Women, John Stuart Mill (1869) Argues for full equality of wome20.

Documents and Commentary on Slavery, Secession, the Confederate States of Americ

and the Civil War.

21.

History of Trial by Jury, William Forsyth. (1875) Tells story of how it evolved, as seen by

legal scholar who missed the point that juries were established because judges and prosecutors

22.


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cannot be trusted.

History of the Formation of the Constitution of the United States of America, George Bancro

(1883) Presents much background information on the people and events that shaped the

Constitution.

23.

The General Principles of Constitutional Law in the United States of America, Thomas M.Cooley (1891) Commentary reflecting constitutional thought at the time.

24.

The Evolution of the Constitution of the United States, Sydney George Fisher (1897). Traces

each of the clauses of the U.S. Constitution back to previous colonial government documents.

25.

The History of English Law, Pollock and Maitland (1898) Definitive study of the foundati

of the Anglo-American legal system.

26.

The Grand Jury, George J. Edwards (1906) Classic treatise on the grand jury, unequ

to this day.

27.

The Moral Equivalent of War, William James (1906) Seeks solution to problem of h

to sustain political unity and civic virtue without war or a credible threat.

28.

Select Essays in Anglo-American Legal History, Freund, Mikell, & Wigmore, ed. (1907)

Classic essays on legal foundations and theory.

29.

Federal Usurpation, Franklin Pierce (1908) Historical and constitutional analysis of

corruption, zealotry, and incompetence combined to violate the Constitution.

30.

Black's Law Dictionary. 2nd Edition, 1910 Standard reference for legal terminology.31.

Robert's Rules of Order Revised, Henry Robert (1915) Essential manual for

parliamentarians of deliberative assemblies.

32.

Constitutional Conventions, Roger Sherman Hoar (1917) Treatise on the way a body

politic manifests its sovereignty.

33.

Recent Changes in American Constitutional Theory, John W. Burgess (1923)

Constitutional scholar surveys departures from constitutional compliance from 1898 through 1

34.

The Revival of Natural Law Concepts, Charles Grove Haines (1930) Review of natu

law theory as the foundation of constitutional law.

35.

Undermining the Constitution, Thomas James Norton (1950) Constitutional scholar

examines departures from constitutional compliance arising from New Deal.

36.

Jurisdiction over Federal Areas within the States Report of the Interdepartmenta

Committee for the Study of Jurisdiction over Federal Areas within the States (1956).

37.

Freedom's Frontier Atlantic Union Now, Clarence K. Streit (1962) Classic

treatise on international conflict and federalism. Also see a Reviewby Jon Roland.

38.

Militia Treatises, James B. Whisker Standard references on the subject. Includes The M(1992) and The American Colonial Militia(1997).

39.

Selected Works on Tyranny To understand the principles of constitutional republicangovernment, one must understand the principles of its opposite.

40.

Selected U.S. Supreme Court Decisions Includes commentaries on the rulings and the41.


http://www.constitution.org/aun/revaunjr.htmhttp://www.constitution.org/ussc/usscdeci.htmhttp://www.constitution.org/tyranny.htmhttp://www.constitution.org/jw/jbwhisker.htmhttp://www.constitution.org/aun/revaunjr.htmhttp://www.constitution.org/aun/aun--wpd.ziphttp://www.constitution.org/aun/aun--txt.ziphttp://www.constitution.org/aun/aun0--00.htmhttp://www.constitution.org/juris/fjur/fedjuris.exehttp://www.constitution.org/juris/fjur/fj0-0000.htmhttp://www.constitution.org/juris/fjur/fj1-1001.htmhttp://www.constitution.org/norton/norton.txthttp://www.constitution.org/norton/norton_.htmhttp://www.constitution.org/haines/haines.txthttp://www.constitution.org/haines/haines_.htmhttp://www.constitution.org/jwb/burgess.txthttp://www.constitution.org/jwb/burgess.htmhttp://www.constitution.org/rsh/concon.txthttp://www.constitution.org/rsh/concon00.htmhttp://www.constitution.org/rror/rror_wpd.ziphttp://www.constitution.org/rror/rror_txt.ziphttp://www.constitution.org/rror/rror--00.htmhttp://www.constitution.org/pierce/pierce.txthttp://www.constitution.org/pierce/pierce.htmhttp://www.constitution.org/wj/meow.txthttp://www.constitution.org/wj/meow.htmhttp://www.constitution.org/gje/gj.txthttp://www.constitution.org/gje/gj_00.htm


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opinions.

Selected U.S. Appellate Court Decisions Includes commentaries on the rulings and the

opinions.

42.

Constitutional Commentary Collection Books, anthologies, and essays.43.

Legal Briefs Collection Organized by subject.44.

Law Review Article Collection Organized by subject.45.

U.S. State Constitutions and Web Sites46.

National Constitutions The supreme laws of many of the most important countries, for

comparative analysis.

47.

or contributions to and suggestions for additional items to be added to this collection, contact editor

oland, [email protected] plan to make this collection available on CD-ROM wh

is more complete.

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Jefferson

Welcome to the

he Constitution Society is a private non-profit organization dedicated to research and public educati

n the principles of constitutional republican government. It publishes documentation, engages in

igation, and organizes local citizens groups to work for reform.

his organization was founded in response to the growing concern that noncompliance with the U.S.

onstitution and most state constitutions is creating a crisis of legitimacy that threatens freedom and ghts. Although the focus here is on the United States, we plan to expand coverage to include the res

e world. We maintain that the principles of constitutional republicanism are universal, and applicab

l nations, although not well understood or upheld by most. We also examine the related principles o

deralism, and show how those principles are applicable to solving the fundamental problem