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Publisher’s Cataloging-In-Publication Data
(Prepared by The Donohue Group, Inc.)
Grossman, Mark.
Constitutional amendments: an encyclopedia of the people, procedures, politics, primary documents and campaigns for the
27 amendments of the Constitution of the United States / by Mark Grossman; contributing author: Scott Derks. — 1st ed.
2 v. : ill. ; cm.
Includes bibliographical references and index.
ISBN: 978-1-59237-999-6
1. Constitutional amendments—United States. 2. Constitutional history—United States. I. Derks, Scott. II. Title.
KF4557 .G76 2012
342.73/03
First Edition published 2012
Copyright © 2012 Grey House Publishing, Inc.
All rights reserved
Printed in the USA
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Introduction and User’s Guide ................................................................................................................................ vii
Foreword ................................................................................................................................................................ ix
Bill of Rights ............................................................................................................................................................ 1
Eleventh Amendment ............................................................................................................................................ 51
Twelfth Amendment ............................................................................................................................................. 109
Thirteenth Amendment ....................................................................................................................................... 163
Fourteenth Amendment ...................................................................................................................................... 225
Fifteenth Amendment .......................................................................................................................................... 289
Sixteenth Amendment ......................................................................................................................................... 355
Seventeenth Amendment .................................................................................................................................... 419
Eighteenth Amendment ....................................................................................................................................... 467
Nineteenth Amendment ....................................................................................................................................... 529
Twentieth Amendment ......................................................................................................................................... 615
Twenty-first Amendment ...................................................................................................................................... 655
Twenty-second Amendment ................................................................................................................................ 727
Twenty-third Amendment ..................................................................................................................................... 785
Twenty-fourth Amendment .................................................................................................................................. 841
Twenty-fifth Amendment ....................................................................................................................................... 905
Twenty-sixth Amendment .................................................................................................................................... 979
Twenty-seventh Amendment ..............................................................................................................................1025
Appendix A: The Constitutional Amendment Process ........................................................................................1069
Appendix B: Ratification of Amendments to the US Constitution .......................................................................1071
Appendix C: Proposed Amendments to the US Constitution ..............................................................................1075
Bibliography ........................................................................................................................................................ 1115
Index ................................................................................................................................................................... 1125
Credits ................................................................................................................................................................ 1143 v
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This first edition of Constitutional Amendments is unlike any encyclopedia or reference work on the subject. In two volumes, it not only defines the 27 amendments in comprehensive chapters with detailed narratives on the process behind each amendment, but includes in each chapter a valuable collection of supportive material, such as biographies of individuals significant to the amendment’s passage, reprints of actual political debates, newspaper articles, government reports, and Supreme Court cases.
This material is designed to help students and researchers more fully grasp the reasons behind the proposed amendments, their opposition, votes, and public sentiment.
In addition, each amendment chapter includes a unique section called America At That Time . This provides a look at what was happening in America at the time the amendment was being proposed, debated and voted on. What did things cost? What were important “firsts”? What was in the news? There is nothing dry about this history lesson!
CHAPTER ARRANGEMENT
Each of the 18 chapters covers one amendment, except Chapter 1 which covers the first 10 amendments known as the Bill of Rights, and includes the following five sections:
Section One: Amendment
– The Amendment reprinted as it appears in the official record.
– Introduction provides the historical framework surrounding the reasons behind the amendment as it was proposed, and follows its path through to ratification.
– Debate in Congress offers actual transcripts of the back and forth from both advocates and opponents.
– Historical Background Documents are reprints of official documents, relevant to the amendment’s passage, including first drafts of the amendment, letters and speeches from politicians who support or oppose the amendment, and Congressional reports, all designed to give the details necessary to fully comprehend the driving force behind each amendment’s progress.
– As Submitted to the States offers a look at how and when the states voted.
Section Two: Original Primary Documents
This section includes newspaper articles that show how public opinion differed in different regions of the country, and Supreme Court cases that ruled based on their interpretation at the time.
Section Three: Who’s Who
This section offers biographies and photographs of those individuals who either played a significant role in getting the amendment ratified, or worked to block it. These comprehensive biographies combine personal and professional details, designed to offer a better understanding of why an individual acted as he or she did.
Section Four: Footnotes, Sources, Further Reading
These exhaustive and detailed lists by chapter section make it easy to pick up with research where these volumes leave off. Whether it’s more information on specific amendments, the amendment process, or the individuals responsible for the amendment, this section provides hundreds of ways to find it.
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The Bill of Rights ..................................................................................................................
3
Introduction…………………………………………………………………………….. ...................................5
Debate in Congress……………………………………………………………………………………. ............7
Historical Background Documents…………………………………………………………………….. ..........9
As Submitted to the States……………………………………………………………………………. .......... 18
Original Primary Documents
Sketch of Proceedings of Congress, 8 June 1789 ................................................................................21
Congressional Intelligence, Daily Advertiser, 12 June 1789 ..................................................................24
Remarks on the Amendments . . .
The Federal Gazette, 23 July 1789 ..................................................26
The Bill of Rights, New-England Galaxy, 29 December 1820 ..............................................................28
Who’s Who
Tench Coxe ...........................................................................................................................................29
Thomas Hartley ....................................................................................................................................31
James Madison ....................................................................................................................................32
Roger Sherman ....................................................................................................................................34
William Loughton Smith ........................................................................................................................37
John Vining ...........................................................................................................................................38
Footnotes, Sources, Further Reading ...............................................................................
39
America At That Time ..........................................................................................................
43
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Proposed in Congress:
Sent to States:
Ratified:
25 September 1789
28 September 1789
15 December 1791
The Preamble to The Bill of Rights
Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
The first ten amendments to the Constitution.
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.
Footnotes, Sources and Further Reading for this chapter appear on page 39
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Constitutional Amendments
Amendment III
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.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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 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 re-examined 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.
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CHAPTER ONE | The Bill of Rights
T he US Constitution was ratified in 1791, only through the promise that additional rights would be proposed in Congress, and then sent to the states for ratification. In 1789, when these additional ideas for rights were sent to the States, there were twelve, and not ten, potential amendments submitted. Of these, ten were ratified. Two did not get the required two-thirds of the states in support. This section discusses the historical record of the twelve potential amendments submitted to the states in 1789.
The push to get a Constitution arose out of the many problems and deficiencies in the Articles of Confederation, the document that was the “Constitution” of the colonies and the early United States before there was a Constitution. The Constitutional Convention that met in Philadelphia in 1776 came together because the states realized that, in the wake of the colonies winning their independence from England, a new Constitution had to be drafted.
In a letter to James Duane, an attorney and a former member of the Continental Congress, Alexander Hamilton, destined to serve as America’s first Secretary of the Treasury, wrote, in part:
“Agreeably to your request and my promise I sit down to give you my ideas of the defects of our present system, and the changes necessary to save us from ruin. They may perhaps be the reveries of a projector rather than the sober views of a politician. You will judge of them, and make what use you please of them.
“The fundamental defect is a want of power in Congress. It is hardly worth while to show in what this consists, as it seems to be universally acknowledged, or to point out how it has happened, as the only question is how to remedy it. It may however be said that it has originated from three causes – an excess of the spirit of liberty which has made the particular states show a jealousy of all power not in their own hands; and this jealousy has led them to exercise a right of judging in the last resort of the measures recommended by Congress, and of acting according to their own opinions of their propriety or necessity, a diffidence in Congress of their own powers, by which they have been timid and indecisive in their resolutions, constantly making concessions to the states, till they have scarcely left themselves the shadow of power; a want of sufficient means at their disposal to answer the public exigencies and of vigor to draw forth those means; which have occasioned them to depend on the states individually to fulfil their engagements with the army, and the consequence of which has been to ruin their influence and credit with the army, to establish its dependence on each state separately rather than on them, that is rather than on the whole collectively.” [1]
On 12 September 1787, a mere five days before the Constitutional Convention, held in Philadelphia, adjourned to send the un-amended Constitution out to the states for ratification, delegates Elbridge Gerry and George Mason stood up and called for these yet-to-be constitutional principles to be amended before they had even been ratified.
Mason told the convention:
“It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours.” [2]
Despite bringing this obvious problem to the delegates’ attention, the motion of Gerry and Mason was voted down.
Two days later, delegate Charles Cotesworth Pinckney joined Gerry in adding language to the original Constitution itself that stated clearly “that the liberty of the Press shall be inviolably observed.” Again, the delegates refused to budge, especially after delegate Roger Sherman argued that “[t]he power of Congress [to stop free speech] does not extend to the Press.” The convention signed the Constitution on 17 September, and sent it on the states for ratification. Those delegates who had refused to listen to Mason, or Gerry, or Pinckney, or rights supporter Richard Henry
Lee, all believed that the states were hungry for this new orderly government, and there would be little appetite for any changes so soon after it had been carefully woven together. These forces would soon be in for a rude awakening.
Footnotes, Sources and Further Reading for this chapter appear on page 39
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CHAPTER ONE | The Bill of Rights urge the calling of a convention as the first act of the Assembly if they should wish amendments let them be stated and forwarded to the States Before the meeting of the convention an answer may be obtained If the proposed amendments be rejected let the Constitution immediately operate if approved by nine States let the assent of our convention be given under the exceptions of the points amended This will I believe blunt the opposition which will be formidable if they must take altogether or reject The re eligibility of the President and Senate has excited
Mr. James Mercer’s resentment and he positively objects to the Constitution without amendments I learn nothing of Mr. Henry nor of Mr. Pendleton except that he is almost perfectly recovered.” [5]
The delegates to that First Congress inserted an amendment which specifically tried to deal with congressional salaries:
“ No law, varying the compensation for the services of the Senators and Representatives, shall take effect until and election of representatives shall have intervened .”
Yale Law School Professor Akhil Reed Amar wrote in 1991:
“As with the First Amendment, the Second obviously dealt centrally with an issue of governmental structure rather than substantive individual right. The original First Amendment tried to reduce the general danger that federal lawmakers would lack knowledge of and sympathy with their constituents, whereas the concern of the
Second was more specific: economic self-interest among Senators and Representatives, a concern also evident in the emolument clause of the original Constitution’s Article I, section 6. Despite this difference, both Amendments shared a fundamentally similar outlook. At base, both addressed the “agency cost” problem of government-possible self-dealing among government “servants” who may be tempted to plunder their “masters,” the people-rather than the analytically distinct problem of protecting minorities of ordinary citizens from tyrannical majorities. If anything, both Amendments were attempts to strengthen majoritarianism rather than check it since both tried to tighten the link between representatives and their constituents.” [6]
This “Second Amendment” that the Congress originally proposed (and which later became the Twenty-Seventh
Amendment in 1992) was defeated by the states during ratification: only six states (Delaware, Maryland, North
Carolina, South Carolina, Vermont, and Virginia) ratified it. The twelfth amendment sent to the states has never been ratified.
Congress finally submitted the twelve proposed amendments to the states on 28 September 1789. It took 811 days for the States to ratify 10 of these; two of them, one on the apportionment of the House, and one on congressional salaries, were rejected. Finally, on 15 December 1791, the ten amendments that had made it through the ratification process were declared to be ratified, and were added to the US Constitution, which had been ratified three years earlier.
“I will state my reasons why I think it proper to propose amendments, and state the amendments themselves, so far as I think they ought to be proposed. If I thought I could fulfil the duty which I owe to myself and my constituents, to let the subject pass over in silence, I most certainly should not trespass upon the indulgence of this House. But
I cannot do this, and am therefore compelled to beg a patient hearing to what I have to lay before you. And I do most sincerely believe, that if Congress will devote but one day to this subject, so far as to satisfy the public that we do not disregard their wishes, it will have a salutary influence on the public councils, and prepare the way for a
Footnotes, Sources and Further Reading for this chapter appear on page 39
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Constitutional Amendments favorable reception of our future measures. It appears to me that this House is bound by every motive of prudence, not to let the first session pass over without proposing to the State Legislatures some things to be incorporated into the constitution, that will render it as acceptable to the whole people of the United States, as it has been found acceptable to a majority of them. I wish, among other reasons why something should be done, that those who have been friendly to the adoption of this constitution may have the opportunity of proving to those who were opposed to it that they were as sincerely devoted to liberty and a Republican Government, as those who charged them with wishing the adoption of this constitution in order to lay the foundation of an aristocracy or despotism.
It will be a desirable thing to extinguish from the bosom of every member of the community, any apprehensions that there are those among his countrymen who wish to deprive them of the liberty for which they valiantly fought and honorably bled. And if there are amendments desired of such a nature as will not injure the constitution, and they can be ingrafted so as to give satisfaction to the doubting part of our fellow-citizens, the friends of the Federal
Government will evince that spirit of deference and concession for which they have hitherto been distinguished.
“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism, if they were satisfied on this one point. We ought not to disregard their inclination, but, on principles of amity and moderation, conform to their wishes, and expressly declare the great rights of mankind secured under this constitution. The acquiescence which our fellowcitizens show under the Government, calls upon us for a like return of moderation. But perhaps there is a stronger motive than this for our going into a consideration of the subject. It is to provide those securities for liberty which are required by a part of the community; I allude in a particular manner to those two States that have not thought fit to throw themselves into the bosom of the Confederacy. It is a desirable thing, on our part as well as theirs, that a reunion should take place as soon as possible. I have no doubt, if we proceed to take those steps which would be prudent and requisite at this juncture, that in a short time we should see that disposition prevailing in those States which have not come in, that we have seen prevailing in those States which have embraced the constitution.
“But I will candidly acknowledge, that, over and above all these considerations, I do conceive that the constitution may be amended; that is to say, if all power is subject to abuse, that then it is possible the abuse of the powers of the General Government may be guarded against in a more secure manner than is now done, while no one advantage arising from the exercise of that power shall be damaged or endangered by it. We have in this way something to gain, and, if we proceed with caution, nothing to lose. And in this case it is necessary to proceed with caution; for while we feel all these inducements to go into a revisal of the constitution, we must feel for the constitution itself, and make that revisal a moderate one. I should be unwilling to see a door opened for a reconsideration of the whole structure of the Government—for a reconsideration of the principles and the substance of the powers given; because I doubt, if such a door were opened, we should be very likely to stop at that point which would be safe to the Government itself. But I do wish to see a door opened to consider, so far as to incorporate those provisions for the security of rights, against which I believe no serious objection has been made by any class of our constituents: such as would be likely to meet with the concurrence of two-thirds of both Houses, and the approbation of three-fourths of the State Legislatures. I will not propose a single alteration which I do not wish to see take place, as intrinsically proper in itself, or proper because it is wished for by a respectable number of my fellowcitizens; and therefore I shall not propose a single alteration but is likely to meet the concurrence required by the constitution. There have been objections of various kinds made against the constitution. Some were levelled against its structure because the President was without a council; because the Senate, which is a legislative body, had judicial powers in trials on impeachments; and because the powers of that body were compounded in other respects, in a manner that did not correspond with a particular theory; because it grants more power than is supposed to be necessary for every good purpose, and controls the ordinary powers of the State Governments. I know some respectable characters who opposed this Government on these grounds; but I believe that the great mass of the people who opposed it, disliked it because it did not contain effectual provisions against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercises the sovereign power; nor ought we to consider them safe, while a great number of our fellow-citizens think these securities necessary.
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CHAPTER ONE | The Bill of Rights
[…]
“The first of these amendments relates to what may be called a bill of rights. I will own that I never considered this provision so essential to the federal constitution, as to make it improper to ratify it, until such an amendment was added; at the same time, I always conceived, that in a certain form, and to a certain extent, such a provision was neither improper nor altogether useless. I am aware, that a great number of the most respectable friends to the Government, and champions for republican liberty, have thought such a provision, not only unnecessary, but even improper; nay, I believe some have gone so far as to think it even dangerous. Some policy has been made use of, perhaps, by gentlemen on both sides of the question: I acknowledge the ingenuity of those arguments which were drawn against the constitution, by a comparison with the policy of Great Britain, in establishing a declaration of rights; but there is too great a difference in the case to warrant the comparison: therefore, the arguments drawn from that source were in a great measure inapplicable. In the declaration of rights which that country has established, the truth is, they have gone no farther than to raise a barrier against the power of the Crown; the power of the Legislature is left altogether indefinite. Although I know whenever the great rights, the trial by jury, freedom of the press, or liberty of conscience, come in question in that body, the invasion of them is resisted by able advocates, yet their Magna Charta does not contain any one provision for the security of those rights, respecting which the people of America are most alarmed. The freedom of the press and rights of conscience, those choicest privileges of the people, are unguarded in the British constitution.
[...]
“Having done what I conceived was my duty, in bringing before this House the subject of amendments, and also stated such as I wish for and approve, and offered the reasons which occurred to me in their support, I shall content myself, for the present, with moving ‘that a committee be appointed to consider of and report such amendments as ought to be proposed by Congress to the Legislatures of the States, to become, if ratified by three-fourths thereof, part of the constitution of the United States.’ By agreeing to this motion, the subject may be going on in the committee, while other important business is proceeding to a conclusion in the House. I should advocate greater despatch in the business of amendments, if I were not convinced of the absolute necessity there is of pursuing the organization of the Government; because I think we should obtain the confidence of our fellow-citizens, in proportion as we fortify the rights of the people against the encroachments of the Government.”
MR. VINING, from the Committee of eleven, to whom it was referred to take the subject of AMENDMENTS to the CONSTITUTION of the UNITED STATES, generally into their consideration, and to report thereupon, made a report, which was read, and is as followeth:
In the introductory paragraph before the words, “We the people,” add, “Government being intended for the benefit of the people, and the rightful establishment thereof being derived from their authority alone.”
Footnotes, Sources and Further Reading for this chapter appear on page 39 9
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Constitutional Amendments
ART. 1, SEC. 3, PAR. 3 – Strike out between the words “direct” and “and until such,” and instead thereof insert,
“After the first enumeration there shall be one representative for every thirty thousand until the number shall amount to one hundred; after which the proportion shall be so regulated by Congress that the number of Representatives shall never be less than one hundred, nor more than one hundred and seventy-five, but each State shall always have at least one Representative.”
ART. 1, SEC. 6 – Between the words “United States,” and “shall in all cases,” strike out “they” and insert, “But no law varying the compensation shall take effect until an election of Representatives shall have intervened. The members.”
ART. 1, SEC. 9 – Between Par. 2 and 3 insert, “No religion shall be established by law, not shall the equal rights of conscience be infringed.”
“The freedom of speech, and of the press, and the right of the people Peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed.”
“A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms.”
“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.”
“No person shall be subject, except in case of impeachment, to more than one trial or one punishment for the same offence, not shall be compelled 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.”
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
“The right of the people to be secure in their person, houses, papers and effects, shall not be violated by warrants issuing, without probable cause supported by oath or affirmation, and not particularly describing the places to be searched, or the persons or things to be seized.”
“The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
ART. 1, SEC. 10, between the 1st and 2d Par, insert, “No State shall infringe the equal rights of conscience, nor the freedom of speech, nor of the press, nor of the right of trial by jury in criminal cases.”
ART. 3, SEC. 2, add to the 2d Par., “But no appeal to such court shall be allowed, where the value in controversy shall not amount to one thousand dollars; nor shall any fact, triable by a Jury according to the course of the common law, be otherwise re-examined than according to the rules of common law.”
ART. 3, SEC. 2 – Strike out the whole of the 3d paragraph, and insert – “In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, 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.”
“The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, the right of challenge and other accustomed requisites; and no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment by a Grand
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Constitutional Amendments
[In the] Congress of the United States ;
Begun and held at the City of New York, on Wednesday, the 4 th of March, 1789.
The conventions of a number of the states having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government will best insure the beneficent ends of its institution; –
Resolved, by the Senate and House of Representatives of the United States of America, in Congress
assembled, two thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitution, namely,
Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.
Art. I.
After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.
Art. II.
No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.
Art. III.
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.
Art. IV.
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.
Art. V.
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 prescribed by law.
Art. VI.
The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Art. VII.
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Art. VIII.
In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been
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CHAPTER ONE | The Bill of Rights
Monday, June 8, 1789.
[…]
Mr. MADISON, agreeably to notice, moved that the House now form itself into a committee of the whole, upon the state of the Union, to take into consideration the subject of amendments agreeably to the 5th article of the Constitution.
Mr. SMITH (of South-Carolina) suggested the inexpediency of taking up the subject at the present moment, in a committee of the whole, while matters of the greatest importance and of immediate consequence were lying unfinished. The great business of the revenue appeared to him to claim a constant and uninterrupted attention till completed – he moved therefore, that instead of referring the subject to a committee of the whole, a select committee should be raised, to take into consideration the amendments proposed by the several States.
Mr. Jackson – I am opposed, Sir, to taking up the subject of amendments to the Constitution, till we have had some experience of its good or bad qualities. – The Constitution may be compared to a ship that has never yet put to sea – she is now laying in the dock – we have had no tryal as yet; we do not know how she may steer – what force of a helm she carries – we cannot determine with any precision, whether she sails upon an even keel or no – Upon experiment she may prove faultless, or her defects may be very obvious – but the present is not the time for alterations. – Very important and urgent business now requires the attention of this honorable body – business of such consequence as that of revenue, without which the constitution is of very little importance in itself considered. – Should amendments now be taken up, it will be months perhaps before we can get through with them – mean time the important interests of our constituents are sacrificed. The State that I have the honor to represent, has ratified the Constitution without specifying any amendments, they are satisfied with it, in its present form; till experience shall point out its defects – I move therefore, Sir, that the consideration of the subject of amendments be postponed till the first day of
March, 1790.
Mr. GOODHUE observed, that though he considered it as being premature to take up the subject of amendments at the present time; yet he could not conceive the propriety of postponing the matter to so long a period – it certainly was the general idea that amendments should be considered, and a regard to the wishes of our constituents required that they should be attended to as soon as public interest permitted.
Mr. BURKE made some objections of a similar import with those which fell from Mr. Goodhue – and thought that the subject of the revenue, was of the greatest importance to be immediately attended to.
Mr. MADISON observed, that the subject had been postponed from time to time—that the members might have opportunity more fully to make up their judgments upon it – a fortnight has elapsed since the first assigned period,
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CHAPTER ONE | The Bill of Rights
(1755-1824)
Although considered a journalist and entrepreneur, Tench Coxe played an integral role in the formation and proposal of the list of amendments which would become the Bill of Rights. Coxe’s life is well-documented: the son of William Coxe, a landowner and business owner, and Mary (née Francis) Coxe, Tench Coxe was born in
Philadelphia, Pennsylvania, on 22 May 1755. His paternal grandfather, Daniel Coxe, was one of the originators of colonial New Jersey’s business community. In 1761, Tench Coxe entered the academy division of the Philadelphia College and Academy (later the University of Pennsylvania). Little else is known of his education, except that he did receive some secondary schooling around 1772, although the place is unknown. What is clear is that Coxe was not a very good student. Despite this, after his second educational stint, he opened a trading business in Philadelphia. In 1775, Coxe became a member of the United Company of Philadelphia for Prompting American Manufactures, a leading trade group at the time which advocated American colonial manufacturing at a time when it was about to enter a dangerous war with Great Britain. In 1776, as the American Revolution began, Tench Coxe moved over to
becoming a partner in his father’s business firm, Coxe, Furman, and Coxe.
Not knowing whether the colonies or the “mother country,” England, would prevail in the war, Coxe took a neutral stand and, in the summer of 1776, resigned his commission in the Fourth Pennsylvania Regiment. In doing so, he was targeted as a potential Tory sympathizer, one who wanted England to win the war. Just months after he resigned his commission, Coxe was targeted as a Tory and attacked in his carriage in Philadelphia. He fled the city in which he lived and worked and went to New York City, then controlled by the English armies. Almost confirming the suspicions about him, Coxe returned home with the British in 1777, when they moved into Philadelphia to take that city. Now tagged permanently with the name of a traitor, in May 1778 Coxe was put on trial for treason, but was acquitted. But his reputation in a city, in a land, where colonists and others were fighting for liberties and rights free of England and dying on the fields of battle, was destroyed, and it took years for him to get any semblance of this reputation back.
He married Catherine McCall, the daughter of a Philadelphia merchant, in early 1778. Coxe suffered a devastating loss when, just months into the marriage, his wife, ill with possible tuberculosis, died on 22 July 1778. Four years later, he married again, this time to his first cousin, Rebecca Coxe; together the couple had ten children. Unable to revive his merchandise business due to his ruined reputation, Coxe instead flirted with land speculation during a time of war, and he became independently wealthy.
Although he had sided with the British in the early part of the conflict, by nearly the end of the Revolution he had come to believe that the colonies deserved their independence; in 1787, intent on remaining in the new land and building up his business again, he helped to form the Pennsylvania Society for the Encouragement of Manufactures and Useful Arts
(PSEMUA), and he was a leader in helping the organization open a textile manufacturing mill that same year. Although the mill failed – it burned down after three years –the experiment into the cotton milling and textile business proved a model for the new nation, especially on the eastern coast, where finished materials could be exported to Europe.
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CHAPTER ONE | The Bill of Rights
[1] Hamilton to Jame Duane, 3 September 1780, in Harold C. Syrett, ed. et. al., “The Papers of Alexander Hamilton” (New York: Columbia
University Press; 26 volumes, 1961-79), II:400-03.
[2] Farrand, Max, ed., “The Records of the Federal Convention of 1787” (New Haven, Connecticut: Yale University Press; two volumes,
1911; reprinted, New Haven: Yale University Press; four volumes, 1937), I:587-88.
[3] For the exact wording, see, among many papers which carried the original text, “Miscellany. The Fœderalist, No. 84,” The New-York
Packet , 29 July 1788, 2.
[4] Rutland, Robert Allen, “The Birth of the Bill of Rights, 1776-1791” (Chapel Hill, North Carolina: Published for the Institute of Early
American History and Culture by the University of North Carolina Press, 1955), 126-27.
[5] See Randolph to James Madison, 30 September 1797, in Moncure D. Conway, “Omitted Chapters Disclossed in the Life and Papers of Edmund Randolph. Governor of Virginia; First Attorney-Gen., United States Secretary of State” (New York: G.P. Putnam’s Sons,
1888), 95.
[6] Reed, Akhil Amar, “The Bill of Rights as a Constitution,” The Yale Law Journal , C:5 (March 1991), 1145.
[7] Spelling “takig” in the original, and corrected here.
[8] The original has “compleat” and “compleated,” and these spellings are retained here.
[9] Should be “set” rather than “sett,” but is left uncorrected from the original.
[10] “Chusing” is seen here in its original spelling, as opposed to “choosing.”
[11] Defined as “fool’s fire.”
[12] In the actual text of the article, there is a missing space where the [12] appears, for some unknown reason. This is to make note that this is in the original and is not being done here by the author.
[13] Although appearing as “ourse” (“ourse”), it is probable that the misspelled word was “source.”
Debate in Congress
Remarks of Rep. James Madison, 8 June 1789, in “The Debates and Proceedings in the Congress of the United States; with an Appendix,
Containing Important State Papers and Public Documents, and All the Laws of a Public Nature; with a Copious Index. Volume I, Comprising
(with Volume II) The Period from March 3, 1789, to March 3, 1791, Inclusive. Compiled from Authentic Sources, by Joseph Gales, Senior”
(Washington: Printed and Published by Gales and Seaton, 1834), 448-59.
Historical Background Documents
“Congress of the United States. In the House of Representatives, Tuesday, the 28th of July, 1789. Mr. Vining, from the committee of eleven, to whom it was referred to take the subject of AMENDMENTS to the CONSTITUTION of the UNITED STATES, generally into their consideration, and to report thereupon, made a report, which was read, and is as followeth…” (New-York: Printed by Thomas Greenleaf, 1789).
William Loughton Smith to Edward Rutledge, 9 August 1789, William Loughton Smith Papers, South Carolina Historical Society, Charleston.
As Submitted to the States
Elliot, Jonathan, “The Debates in the Several State Conventions, on the Adoption of the Federal Constitution, as Recommended by the General
Convention at Philadelphia, in 1787. Together with the Journal of the Federal Convention, Luther Martin’s Letter, Yates’s Minutes, Congressional Opinions, Virginia and Kentucky Resolutions of ‘98-’99, and Other Illustrations of the Constitution. In Four Volumes” (Washington:
Printed for the Editor; four volumes, 1836), I:338-40.
Original Primary Documents
“Sketch of Proceedings of Congress. In the House of Representatives of the United States, Monday, June 8, 1789,” Gazette of the United States
[New York], 10 June 1789, 66-67.
“Congressional Intelligence,” The Daily Advertiser [New York], 12 June 1789, 2.
“From the Federal Gazette. Remarks on the second part of the AMENDMENTS, moved on the 8th ult. in the House of Representatives of the
United States,” The United States Chronicle: Political, Commercial, and Historical [Providence, Rhode Island], 23 July 1789, 1.
“Articles, in addition to and amendment of, the Constitution,” American Mercury [Hartford, Connecticut], 23 July 1801, 1.
“The Bill of Rights,” New-England Galaxy [Boston, Massachusetts], 29 December 1820, 46.
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CHAPTER ONE | The Bill of Rights
The First Bank of the United States was created
Long-distance communication dramatically improved with the unveiling of a semaphore machine in Paris
Vermont was admitted as the 14th state in the union
James Boswell authored The Life of Samuel Johnson
The first of forty boundary stones delineating the borders of the new District of
Columbia were laid at Jones Point Light, in Alexandria, Virginia
Composer Joseph Haydn was awarded an honorary doctorate of music at Oxford
University
Virginia plantation owner Robert Carter III free all 500 of his slaves in a private emancipation
New York City traffic regulations created the first one-way street
Congress established the U.S. Mint
The first Jewish member of U.S. Congress, Israel Jacobs (PA), took office
John Stone of Concord, Massachusetts, patented a pile driver
Samuel Briggs and his son, patented a nail-making machine
Georgetown, the first Catholic college in the United States, opened
Mozart’s opera The Magic Flute premiered in Vienna, Austria
John Fitch was granted a United States patent for the steamboat
Toussaint L’Ouverture led a slave rebellion that erupted in the French colony of Saint-
Domingue, now known as Haiti
Mission Santa Cruz was founded by Father Fermín Francisco de Lasuén, becoming the 12th mission in the California mission chain
The first issue of The Observer , the world’s first Sunday newspaper, was published in
England
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