The Federal Convention convened in the State
House (Independence Hall) in Philadelphia on May 14, 1787, to
revise the Articles of Confederation. Because the delegations
from only two states were at first present, the members
adjourned from day to day until a quorum of seven states was
obtained on May 25. Through discussion and debate it became
clear by mid-June that, rather than amend the existing
Articles, the Convention would draft an entirely new frame of
government. All through the summer, in closed sessions, the
delegates debated, and redrafted the articles of the new
Constitution. Among the chief points at issue were how much
power to allow the central government, how many
representatives in Congress to allow each state, and how these
representatives should be elected--directly by the people or
by the state legislators. The work of many minds, the
Constitution stands as a model of cooperative statesmanship
and the art of compromise.
Does
not the Constitution give us our rights and liberties?
No, it does not, it only guarantees them. The people had all
their rights and liberties before they made the Constitution.
The Constitution was formed, among other purposes, to make the
people's liberties secure-- secure not only as against
foreign attack but against oppression by their own government.
They set specific limits upon their national government and
upon the States, and reserved to themselves all powers that
they did not grant. The
Ninth Amendment declares: "The enumeration in the
Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people."
What
is meant by the term "constitution"?
A constitution embodies the fundamental principles of a
government. Our constitution, adopted by the sovereign power,
is amendable by that power only. To the constitution all laws,
executive actions, and, judicial decisions must conform, as it
is the creator of the powers exercised by the departments of
government.
What
is the source of the philosophy found in the Constitution?
The book which had the greatest influence upon the members of
the Constitutional Convention was
Montesquieu's Spirit of Laws, which first appeared in
1748. The great French philosopher had, however, in turn
borrowed much of his doctrine from the Englishman John Locke,
with whose writings various members of the Convention were
also familiar.
Are
there original ideas of government in the Constitution?
Yes; but its main origins lie in centuries of experience in
government, the lessons of which were brought over from
England and further developed through the practices of over a
century and a half in the colonies and early State
governments, and in the struggles of the Continental Congress.
Its roots are deep in the past; and its endurance and the
obedience and respect it has won are mainly the result of the
slow growth of its principles from before the days of
Magna Carta.
How
extensively has the Constitution been copied?
All later Constitutions show its influence; it has been copied
extensively throughout the world.
The
United States government is frequently described as one of
limited powers. Is this true?
Yes. The United States government possesses only such powers
as are specifically granted to it by the Constitution.
What
is meant by the word veto, in the President's powers?
The word is from the Latin and means "I forbid." The President
is authorized by the Constitution to refuse his assent to a
bill presented by Congress if for any reason he disapproves of
it. Congress may, however, pass the act over his veto but it
must be by a two-thirds majority in both houses. If Congress
adjourns before the end of the 10 days, the President can
prevent the enactment of the bill by merely not signing it.
This is called a pocket veto. (Art.
I, sec. 7, cl. 2).
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US National Archives & Records Administration
