State Constitutions

Constitution Sunday: Robert Whitehill at the Pennsylvania Convention

Pennsylvania Ratifying Convention. November 30, 1787. At the Pennsylvania Convention, Robert Whitehill rose to speak about the proposed Constitution including—and perhaps especially—its biggest flaw. To Whitehill, despite the fact that the country’s learned people devised the Constitution, “the defect is in the system itself,—there lies the evil which. no argument can palliate, no sophistry can […]

More

Constitution Sunday: Answers to Mason’s “Objections”: “Marcus” [James Iredell] IV

Answers to Mason’s “Objections”: “Marcus” [James Iredell] IV Norfolk and Portsmouth Journal (Virginia), March 12, 1788 Following are excerpts from James Iredell’s responses to George Mason’s “Objections” to the Constitution: “VIIIth. Objection. ‘Under their own construction of the general clause at the end of the enumerated powers, the Congress may grant monopolies in trade and […]

More

Constitution Sunday: Reply to Wilson’s Speech: “Cincinnatus” [Arthur Lee] I

Reply to Wilson’s Speech: “Cincinnatus” [Arthur Lee] I New York Journal, November 1, 1787 Following are excerpts from the article, published in response to James Wilson’s speech: “Your first attempt is to apologize for so very obvious a defect as—the omission of a declaration of rights. This apology consists in a very ingenious discovery; that […]

More

The Genesis of the Bill of Rights

Prior to the American Revolution, the colonists had become familiar with the concept of charters. Charters, whether royal, corporate, or proprietary, operated “as the evidence of a compact between an English King and the American subjects.” Gordon Wood, The Creation of the American Republic: 1776-1787, 268; see also Leonard Krieger, The Politics of Discretion: Pufendorf and the Acceptance […]

More