Constitutional Colloquia

A SAMPLER

The following is an exemplar of the coverage and quotes attributed to the Founding Fathers, as they debated. Watch and enjoy their banter. Are you persuaded or repelled by their rhetoric? You’ve got a front row seat and their talkin’ straight at ya!

Three little words but, oh, what a fuss they made!

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Now, listen to the arguments, over these three little words - they could get quite animated.

Patrick Henry, of VA, ranted that it should read; “We the States”. The Delegates had no other authority but from, and for, the States, The People ought not be party to this.

Edmund Randolph, Gov. of VA, quickly rebuffed Henry’s assertions. “The government is for the People…they had no (input) before … are not the people the proper persons to examine its merits or defects?”

James Wilson of PA “The expressions declare, in a practical manner, the principle of this Constitution”. “We…are merely the proxies of our constituents.” The Preamble “is not an unmeaning flourish”

“They (the people) wish a principle established, by the operation of which the legislatures may feel the direct authority of the people.”

Alexander Hamilton, of NY, praising the words of the Preamble held that they: “secure the Blessings of Liberty”, (and) “were a better recognition of popular rights than volumes of … our state bills of rights.”

Three little words…And so it went, on and on, until final ratification - July 21, 1788. (There are approximately 4,440 words in The Constitution. We have our work cut out for us.

The Preamble was never discussed on the floor of the Convention. It was the creation of one man, Gouverneur Morris. His first three words were a radical departure from past precedents. States spoke, governments acted - not “The People”, (whoever they were). They were not “parties”. They had no voice. But, that was about to change!

Gouverneur Morris, of Pennsylvania, a member of the Committee of Style, actually crafted the text of the entire Constitution. In the final moments, he wrote the Preamble. His words give the central purposes of the Constitution and set its theme. The Preamble does not, carry any substantive legal meaning. It is not understood as granting or limiting power.

Justice Joseph Story thought that: “its true office is to expound the nature and extent and application of the powers actually conferred by the Constitution.”

Benjamin Franklin“Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best.” He continued: “On the whole, Sir, I can not help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.”