Constitution of the Year III

“ Students should learn the reasons why our constitutional order is structured as a representative democracy and why a constitutional republic includes such features as the separation of powers, checks and balances, and federalism. They should study the benefits and achievements of our constitutional order, the Civil War’s challenge to that order, and the ways the Constitution has been changed—not only by amendment and not always for the better—over the course of time. ”

“ The people, through the General Assembly, made application to Congress for authority to establish a regular form of state government. The assent of Congress was not withheld, and a Convention was authorized to meet at Little Rock on the first day of January, 1836, for the purpose of forming and adopting a State Constitution. ”

“ It exhibits the Constitution as a charter of great and vital authorities, with limitations indeed, but with such limitations as serve and assist government, not destroy it; which, though fully enforced, yet enable the United States to have what it was intended to have-'an equal station among the Powers of the earth,' and to do all 'Acts and Things which Independent States may of right do,'-and confidently do, able to secure the fullest fruits of their performance. ”

“ It has exceeded the hopes of those who devised it, and become an object of admiration to the world. Nothing is clearer, in my view, than that we are chiefly indebted for the success of the Constitution, under which we are now acting, to the watchful and auxiliary operation of the state authorities. ”

“ Much of the strength and efficiency of any government in procuring and securing happiness to the people, depends on opinion—on the general opinion of the goodness of the government, as well as of the wisdom and integrity of its governors. I hope, therefore, that for our own sakes, as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this constitution (if approved by congress and confirmed by the conventions) wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well administered. ”

“ And if this Constitution shall be adopted, I hope the Continental legislature will have the singular honor, the indelible glory, of making it one of their first acts, in their first session, most earnestly to recommend to the several states in the Union the institution of such means of education as shall be adequate to the divine, patriotic purpose of training up the children and youth at large in that solid learning, and in those pious and moral principles, which are the support, the life and soul, of republican government and liberty, of which a free constitution is the body ”

“ How is it possible, for a moment, to reconcile the notion, that each state is the supreme judge for itself of the construction of the constitution, with the very first resolution of the convention, which formed the constitution: "Resolved, &c. that a national government ought to be established, consisting of a supreme, legislative, judiciary, and executive?" ”

“ Believing that a competent power to adopt and execute a system of internal improvement has not been granted to Congress, but that such a power, confined to great national purposes and with proper limitations, would be productive of eminent advantage to our Union, I have thought it advisable that an amendment of the Constitution to that effect should be recommended to the several States. ”

“ The Federal Constitution was wisely adapted in its provisions to any expansion of our limits and population, and with the advance of the confederacy of the States in the career of national greatness it becomes the more apparent that the harmony of the Union and the equal justice to which all its parts are entitled require that the Federal Government should confine its action within the limits prescribed by the Constitution to its power and authority. ”

“ The ratification of the federal Constitution having formed a new era in the American world, highly interesting to all the citizens of the United States, it is not less the duty than the privilege of every citizen to examine with attention the principles and probable effect of a system on which the happiness or misery of the present as well as future generations so much depends. ”

“ Our desire is to assure the future of the country by just administration, and we cannot but appreciate all efforts towards that end. And one of the objects to which we attach much importance is that of safeguarding the Sovereign rights by a new organisation drawn up with regard to the needs of the people. We desire therefore that the Constitution should be discussed by the Council of Ministers, and should be revised in the manner referred to above. Communicate our greetings to our Grand Vizier and show him this order. ”

“ Far different is the situation of the people of the United Statics. They have chosen to establish a constitution of government, with limited powers and prerogatives, over which neither the executive, nor the legislature, have any power, either of alteration or control. It is to all the departments equally a supreme, fundamental, unchangeable law, which all must obey, and none are at liberty to disregard. The main security, relied on to check any irregular, or unconstitutional measure, either of the executive, or the legislative department, was (as we have seen) the judiciary. ”

“ We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ”

“ Art. 55. The Provisional Constitution may be amended by the assent of two-thirds of the members of the National Council or upon the application of the Provisional President and being passed by over three-fourths of the quorum of the Council consisting of over four-fifths of the total number of its members.
Art. 56. The present Provisional Constitution shall take effect on the date of its promulgation, and the fundamental articles for the organization of the Provisional Government shall cease to be effective on the same date. ”

“ It may, therefore, be observed, that the investiture of such power, so far from being an objection, is a most cogent reason for accepting the Constitution. The power of Congress, both in the legislative and executive line, is the power of the people, collected through a certain medium, to a focal point, at all times ready to be exerted for the general benefit, according as circumstances or exigencies may require. ”

“ It is a Constitution which binds the people of every State, as the supreme law of the land, until it can be changed by the action, in the first instance, of those who are sworn to support it. No amendments can, consistently with the letter or the spirit of the Constitution, be proposed by Congress, unless two-thirds of both houses, acting under the responsibility of their official oaths, shall "deem them necessary." ”

“ To the former, we owe the mode of constituting the convention — as well as that of voting, in the formation and adoption of the constitution — and, finally, in the ratification of it by the States: and to them, jointly, are we exclusively indebted for that peculiar form which the constitution and government finally assumed. It is impossible to read the proceedings of the convention, without perceiving that, if the delegates had been appointed by the people at large, and in proportion to population, nothing like the present constitution could have been adopted. ”

“ In the proceedings and debates of the General Convention which formed the Constitution and of the State conventions which adopted it nothing is found to countenance the idea that the one intended to propose or the others to concede such a grant of power to the General Government as the building up and maintaining of a system of internal improvements within the States necessarily implies. ”

“ Section 2 of Article I commands that Congressmen shall be chosen by the people of the several states by electors, the qualifications of which it prescribes. The right of the people to choose, whatever its appropriate constitutional limitations, where in other respects it is defined, and the mode of its exercise is prescribed by state action in conformity to the Cons itution, is a right established and guaranteed by the Constitution and hence is one secured by it to those citizens and inhabitants of the state entitled to exercise the right. ”

“ I am in conscience and conviction opposed to our having the right to impart a legislative power at all. In England it might be done, because the Legislature is omnipotent; but we are limited within the sphere of our constitution; and if the power is not there to be found, it can nowhere exist. Hence I state that in forming this constitution it was declared that all laws to be enforced must have the assent of the three branches representing three distinct interests of the community; and to repeal them the same formality is required. ”

“ The Constitution provides the structure of our federal system and a system of checks and balances that applies equally to each branch of government, to relations between the states and the Federal Government, and, as importantly, to each of us. It protects the rights of all Americans to "life, liberty and the pursuit of happiness" and limits governmental authority to ensure these liberties are faithfully protected-both by and from the state. ”

“ That in Federal Governments an equal voice in each State is essential, as being all in a State of Nature with respect to each other. Whereas the only figure in this Constitution that has any resemblance to a federal one, is the equality of Senate—but the 4th Section gives the power to Congress to strike out, at least to render Nugatory this, the most valuable part of it. ”

“ But although the Constitution proposed for the United States is likely to obviate most of the inconveniences we labored under, yet several parts of it appear so exceptionable to us, that we are clearly of opinion considerable amendments are essentially necessary. In full confidence, however, of obtaining a revision of such exceptionable parts by general convention, and from a desire to harmonize with our fellow-citizens, we are induced to acquiesce in the organization of the said Constitution. ”

“ He repeated, that the necessity of having a government which should at once operate upon the people, and not upon the states, was conceived to be indispensable by every delegation present; that, however they may have differed with respect to the quantum of power, no objection was made to the system itself. They considered it, however, highly necessary that, in the establishment of a constitution possessing extensive national authorities, a proper distribution of its powers should be attended to. ”

“ In performing its high functions, it acts, not as a judicial power, but in the far more elevated and authoritative character of an amending power — the only one in which it can be called into action at all. In this character, it can amend the constitution, by modifying its existing provisions — or, in case of a disputed power, whether it be between the federal government and one of its co-ordinates — or between the former and an interposing State — by declaring, authoritatively, what is the constitution. ”

“ Profoundly impressed with the propriety of making these important modifications in the Constitution, I respectfully submit them for the early and mature consideration of Congress. We should, as far as possible, remove all pretext for violations of the organic law, by remedying such imperfections as time and experience may develop, ever remembering that "the constitution which at any time exists until changed by an explicit and authentic act of the whole people is sacredly obligatory upon all." ”

“ I have altogether rejected the suggestion of a special Executive policy for any section of our country. It is the duty of the Executive to administer and enforce in the methods and by the instrumentalities pointed out and provided by the Constitution all the laws enacted by Congress. These laws are general and their administration should be uniform and equal. As a citizen may not elect what laws he will obey, neither may the Executive elect which he will enforce. The duty to obey and to execute embraces the Constitution in its entirety and the whole code of laws enacted under it. ”

“ The state governments are essentially necessary to the form and spirit of the general system. As long, therefore, as Congress have a full conviction of this necessity, they must, even upon principles purely national, have as firm an attachment to the one as to the other. This conviction can never leave them, unless they become madmen. While the Constitution continues to be read, and its principles known, the states must, by every rational man, be considered as essential, component parts of the Union ”

“ This is the most delicate part in the organization of a republican government. It is the most difficult to establish on unexceptionable grounds. It appears to me most eligible as it is. The Constitution has taken a medium between the two extremes, and perhaps with more wisdom than either the British or the state governments, with respect to their eligibility to office. They can fill no new offices created by themselves, nor old ones of which they increased the salaries. ”

“ When more than one half of the province shall have reached the constitutional period, that is when they have completely adopted local self-government, the People's Congress shall be convened to decide on and promulgate the Constitution. ”

“ There now remains to be described the full conception and creation of the third department of the government, its judicial power.
The distribution of the powers of government, when its subjects are to sustain no relation to any other sovereignty than that whose fundamental laws it is proposed to ordain, is a comparatively easy task. In such a government, when the theoretical division into the legislative, executive, and judicial functions is once adopted, the objects to which each is to be directed fall readily into their appropriate places. ”