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163-754: In the United States Constitution , the Three-fifths Compromise is part of Article 1, Section 2, Clause 3 . Section 2 of the Fourteenth Amendment (1868) later superseded this clause and explicitly repealed the compromise. In the U.S. Constitution , the Three-fifths Compromise is part of Article 1, Section 2, Clause 3 : Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to

326-689: A Presbyterian farming family. He studied at the universities of St Andrews , Glasgow and Edinburgh , but never obtained a degree. While he was a student, he studied Scottish Enlightenment thinkers, including Francis Hutcheson , David Hume and Adam Smith . He also played golf. Imbued with the ideas of the Scottish Enlightenment, he moved to Philadelphia , Pennsylvania, in British America in 1765, carrying letters of introduction that enabled him to begin tutoring and then teaching at The academy and College of Philadelphia (now

489-479: A chief executive who would be energetic, independent, and accountable. He was the first to propose a unitary executive (a proposal which initially provoked concern—having only recently won independence from the British Crown, many delegates were concerned vesting executive power in a single individual would lead to monarchy ), and was its strongest proponent. Rival proposals included a triumvirate or leaving

652-542: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has

815-528: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and

978-642: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,

1141-432: A majority of electoral votes). Yet further discussion uncovered consequences of legislative selection that many delegates considered objectionable; in particular, they worried that if the president was allowed to seek a second term (a widely supported notion), then legislative selection would make the president dependent on the legislature for re-eligibility, imperiling the principle of separation of powers . Deadlocked on

1304-543: A man of the people who embodied the national responsibility for the public good and provided transparency or accountability by being a highly visible national leader, as opposed to numerous largely anonymous congressmen. Wilson's most lasting impact on the country came as a member of the Committee of Detail , which wrote out the first draft of the United States Constitution. He wanted senators and

1467-524: A measure of ability to produce wealth. The proposal by a committee of the Congress had suggested that taxes "shall be supplied by the several colonies in proportion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes". The South immediately objected to this formula since it would include slaves, who were viewed primarily as property, in calculating the amount of taxes to be paid. As Thomas Jefferson wrote in his notes on

1630-586: A peculiar one. Let the compromising expedient of the Constitution be mutually adopted, which regards them as inhabitants, but as debased by servitude below the equal level of free inhabitants, which regards the SLAVE as divested of two fifths of the MAN...The federal Constitution, therefore, decides with great propriety on the case of our slaves, when it views them in the mixed character of persons and of property. This

1793-462: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution

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1956-971: A second-year course in late 1791 or in early 1792 (by which time the College of Philadelphia merged with University of the State of Pennsylvania to become the University of Pennsylvania), but at some unrecorded point the lectures to Congress stopped again and were never resumed. They were not published (except for the first) until after his death, in an edition produced by his son Bird Wilson in 1804. The University of Pennsylvania Law School in Philadelphia officially traces its foundation to Wilson's lectures to Congress and Wilson also continued to teach law to Penn students until his death in 1798. Wilson's final years were marked by financial failures. He assumed heavy debts investing in land that became liabilities with

2119-509: A singular burden, without conferring some adequate advantage? By excluding two-fifths of slaves in the legislative apportionment based on population (as provided in the constitution), the Three-fifths Compromise provided reduced representation in the House of Representatives of slave states compared to the free states. Viewed the opposite way, by including three-fifths of slaves in the legislative apportionment (even though they had no voting rights),

2282-447: A statistical designation used to determine how many representatives Southern states would have in Congress. A frequent claim made in favor of the former argument is that previous electoral precedent held that one man was equivalent to one vote, and the fact that the compromise explicitly tied personhood to votes provides a basis for an ontological reading of the compromise as implying that enslaved people lacked full personhood. Supporters of

2445-613: A strong national government, and for legislative representation to be proportional to population. To this end, he championed the popularly elected House of Representatives , opposed the Senate (and, unable to prevent its inclusion, advocated for the direct election of senators), supported a national popular vote for the selection of the president , and argued that the Constitution should be ratified directly by citizens in state conventions rather than by state legislatures. Wilson also advocated for broader suffrage (he was, for instance, one of

2608-751: A well-received pamphlet arguing that the British Parliament 's taxation of the Thirteen Colonies was illegitimate because the colonies lacked representation in Parliament. In 1775, he was elected to the Continental Congress, where he signed the Declaration the next year. In addition to his roles in public service, Wilson served as president of the Illinois-Wabash Company , a land speculation venture. Wilson

2771-470: Is a downright disability laid upon the slaveholding States; one which deprives those States of two-fifths of their natural basis of representation. A black man in a free State is worth just two-fifths more than a black man in a slave State, as a basis of political power under the Constitution. Therefore, instead of encouraging slavery, the Constitution encourages freedom by giving an increase of “two-fifths” of political power to free over slave States. So much for

2934-661: Is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then the Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union

3097-428: Is in fact their true character. It is the character bestowed on them by the laws under which they live; and it will not be denied, that these are the proper criterion; because it is only under the pretext that the laws have transformed the negroes into subjects of property, that a place is disputed them in the computation of numbers; and it is admitted, that if the laws were to restore the rights which have been taken away,

3260-411: Is lost. Secrecy may be equally necessary as dispatch. But, can either secrecy or dispatch be expected, when, to every enterprise, mutual communication, mutual consultation, and mutual agreement among men, perhaps of discordant views, of discordant tempers, and of discordant interests, are indispensably necessary? How much time will be consumed! and when it is consumed, how little business will be done! When

3423-595: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,

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3586-559: Is predominant and supreme. —James Wilson One of the most prominent lawyers of his time, Wilson was the most learned of the Framers of the Constitution. He was one of the most prolific speakers at the Constitutional Convention, with James Madison 's notes indicating that Wilson spoke 168 times, second only in number to Gouverneur Morris . Wilson argued in support of greater popular control of governance ,

3749-521: Is the supreme law of the United States . It superseded the Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches:

3912-656: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,

4075-453: The Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to

4238-641: The Connecticut Compromise tended to favor the Northern states (which were generally smaller). Support for the new Constitution rested on the balance of these sectional interests. Before the Civil War aspects of the Constitution were subject for significant debate by abolitionists. The Garrisonian view (William Lloyd Garrison (1805–1879), a prominent American abolitionist best known for his widely read anti-slavery newspaper The Liberator of

4401-540: The Illinois-Wabash Company during the War for Independence and was made its president in 1780. He became the company's largest single investor, owning one and a half shares outright and two shares by proxy, totaling over 1,000,000 acres (400,000 ha) of land. Wilson further expanded his land holdings by cofounding the Canna Company with Mark Bird, Robert Lettis Hooper, and William Bingham in order to sell land along

4564-647: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by

4727-616: The New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery

4890-595: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes

5053-723: The Susquehanna River in New York. Additionally, Wilson individually bought huge quantities of land in Pennsylvania in 1784 and 56,000 acres (23,000 ha) of land in Virginia during the 1780s. To round out his holdings, Wilson, in conjunction with Michael and Bernard Gratz, Levi Hollingsworth, Charles Willing, and Dorsey Pentecost, purchased 321,000 acres (130,000 ha) of land south of the Ohio River . During

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5216-642: The Three-fifths Compromise , which counted three-fifths of each state's slave population toward that state's total population for the purposes of representation in the United States House of Representatives . While preferring the direct election of the president through a national popular vote , he proposed the use of an electoral college , which provided the basis of the Electoral College system ultimately adopted by

5379-722: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to

5542-542: The court system (the judicial branch ), including the Supreme Court . The article describes the kinds of cases the court takes as original jurisdiction . Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases , and defines the crime of treason . James Wilson (Founding Father) James Wilson (September 14, 1742 – August 21, 1798)

5705-549: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced

5868-400: The legislative , consisting of the bicameral Congress ( Article I ); the executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments ,

6031-411: The states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing,

6194-435: The "principal architect of the executive branch", "probably the single most important author of Article II", and the man whose "conception of the presidency...was in the final analysis the presidency we got". Using his understanding of civic virtue as defined by the Scottish Enlightenment, Wilson was active in the construction of the presidency's structure, its power, and its manner of selection. He spoke 56 times, calling for

6357-519: The 1787 Constitutional Convention was whether slaves would be counted as part of the population or would instead be considered property and, as such, not be considered in determining representation of the states in the House of Representatives and the Electoral College . The Southern states wanted each slave to count as a full person, whereas the Northern states did not want them to count at all. Elbridge Gerry asked, why should "blacks, who were property in

6520-424: The 1830s) of the Constitution was that it was a pro-slavery document and only completely dividing the Union could satisfy the cause of anti-slavery. Following a bitter series of public debates including one with George Thompson , Frederick Douglass took another view, pointing to the Constitution as an anti-slavery document: But giving the provisions the very worse construction, what does it amount to? I answer—It

6683-673: The 59 they would have had; in 1833, 98 seats out of 240, instead of 73. As a result, Southern states had additional influence on the presidency , the speakership of the House , and the Supreme Court until the American Civil War . In addition, the Southern states' insistence on equal numbers of slave and free states, which was maintained until 1850, safeguarded the Southern bloc in the Senate as well as Electoral College votes. Historian Garry Wills has speculated that without

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6846-487: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering

7009-539: The Articles, required legislative approval by all 13 of the newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while

7172-450: The College of Philadelphia. Wilson experienced financial ruin in the Panic of 1796–1797 and was sent to debtors' prison on two occasions. In August 1798, he suffered a stroke, becoming the first U.S. Supreme Court justice to die. Wilson was born at Carskerdo , near Ceres, Fife , Scotland, on September 14, 1742. He was the fourth of the seven children of Alison Landall and William Wilson,

7335-562: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called

7498-411: The Congress could borrow money, it could not pay it back. No state paid its share of taxes to support the government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles,

7661-569: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under

7824-605: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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. The opening words, " We

7987-777: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware

8150-407: The Constitution. In particular, it focused on the fact that there would be a popularly elected national government for the first time. He distinguished "three simple species of government": monarchy, aristocracy, and "a republic or democracy, where the people at large retain the supreme power, and act either collectively or by representation." During the speech, Wilson also had harsh criticism for

8313-508: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes

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8476-468: The Constitutional Convention, the compromise was proposed by delegate James Wilson and seconded by Charles Pinckney . When he presented his plan for the frame of government to the Convention on its first day, Charles Pinckney of South Carolina proposed that for the purposes of apportionment, a "House of Delegates" be determined through the apportionment of "one Member for every thousand Inhabitants 3/5 of Blacks included." The Convention unanimously accepted

8639-599: The Constitutional Convention, the more important issue was representation in Congress, so the South wanted slaves to count for more than the North did. Much has been said of the impropriety of representing men who have no will of their own.... They are men, though degraded to the condition of slavery. They are persons known to the municipal laws of the states which they inhabit, as well as to the laws of nature. But representation and taxation go together .... Would it be just to impose

8802-528: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776

8965-532: The Constitutionalist Party) that limited the partisan feeling that had previously characterized Pennsylvanian politics. After the ratification of the Constitution, Wilson, a learned legal mind, desired to be the first chief justice of the Supreme Court of the United States . President Washington, however, ultimately selected John Jay for that position. Instead, on September 24, 1789, Washington nominated Wilson to be an associate justice of

9128-606: The Fort Wilson riot began. After the British had abandoned Philadelphia, Wilson successfully defended at trial 23 people from property seizure and exile by the radical government of Pennsylvania. A mob whipped up by liquor and the writings and speeches of Joseph Reed , president of Pennsylvania's Supreme Executive Council, marched on Congressman Wilson's home at Third and Walnut Streets. Wilson and 35 of his colleagues barricaded themselves in his home, later nicknamed Fort Wilson. In

9291-685: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had

9454-420: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and

9617-482: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced

9780-405: The North more than the South; therefore, the taxation provision was irrelevant, and the compromise would only increase the number of pro-slavery legislators. Northern delegates argued only voters should be accounted for. Southern delegates countered, claiming slaves counted just as much as voters, despite Northerners questioning why slaves should be held by Southerners. After a contentious debate,

9943-431: The Pennsylvania State Militia. As a member of the Continental Congress in 1776, Wilson was a firm advocate for independence. Believing it was his duty to follow the wishes of his constituents, Wilson refused to vote until he had caucused his district. Only after he received more feedback did he vote for independence. While serving in the Congress, Wilson was clearly among the leaders in the formation of French policy. "If

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10106-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of

10269-462: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of

10432-432: The Senate. After the Committee released their proposal, and at Wilson's urging, the contingent election was shifted from the Senate to the House of Representatives. With this alteration, the Electoral College—embodying a "web of compromises" that functioned as a "consensus second choice, made acceptable, in part, by the remarkably complex details of the electoral process"—was accepted by the convention. Wilson believed that

10595-479: The South", count toward representation "any more than the Cattle & horses of the North"? Although slave states argued that slaves should be considered persons in determining representation, they wanted them considered property if the new government were to levy taxes on the states on the basis of population. Delegates from states where slavery had become rare argued that slaves should be included in taxation, but not in determining representation. The proposed ratio

10758-404: The South, until overcome by the civil rights movement . There is a persistent and sometimes contentious debate among historians, legal scholars, and political scientists over whether the Three-Fifths Compromise should be construed to support the notion that slaves were conceived of not only demographically , but also ontologically , three-fifths of a person or whether the three-fifths was purely

10921-437: The Three-fifths Compromise provided additional representation in the House of Representatives of slave states compared to the free states, if representation had been considered based on the non-slave population. Based on the latter view, in 1793, for example, Southern slave states had 47 of the 105 seats, but would have had 33 had seats been assigned based on free populations. In 1812, slave states had 76 seats out of 143 instead of

11084-715: The Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783 was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating

11247-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed

11410-427: The United States Supreme Court. He was confirmed by the United States Senate on September 26, 1789, and was sworn into office on October 5, 1789. Wilson and the other early judges spent most of their time circuit riding , overseeing cases on the circuit courts rather than on the Supreme Court bench. Only nine cases were heard by the court from his appointment in 1789 until his death in 1798. Important among these

11573-426: The United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite the protests of U.S. officials. When Barbary pirates began seizing American ships of commerce,

11736-471: The University of Pennsylvania). He petitioned there for a degree and was awarded an honorary Master of Arts several months later. In 1790, the university awarded him the honorary degree of LL.D. While tutoring and teaching, Wilson began to study law in the office of John Dickinson . He attained admission to the bar in Philadelphia in 1767 and established a practice in Reading, Pennsylvania. His office

11899-492: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing

12062-596: The additional slave state votes, Jefferson would have lost the presidential election of 1800 . Also, "slavery would have been excluded from Missouri ... Jackson's Indian removal policy would have failed ... the Wilmot Proviso would have banned slavery in territories won from Mexico ... the Kansas-Nebraska bill would have failed." While the Three-fifths Compromise could be seen to favor Southern states because of their large slave populations, for example,

12225-510: The amendment excluded from the ban.) After the Reconstruction Era came to an end in 1877, the former slave states subverted the objective of these changes by using terrorism and other illegal tactics to disenfranchise their black citizens , while obtaining the benefit of apportionment of representatives on the basis of the total populations. These measures effectively gave white Southerners even greater voting power than they had in

12388-495: The antebellum era, inflating the number of Southern Democrats in the House of Representatives as well as the number of votes they could exercise in the Electoral College in the election of the president. The disenfranchisement of black citizens eventually attracted the attention of Congress, and, in 1900, some members proposed stripping the South of seats, related to the number of people who were barred from voting. In

12551-406: The application of this distinction to the case of our slaves. But we must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property...Let the case of the slaves be considered, as it is in truth,

12714-485: The census is to be renewed, and augmentations may continue to be made under the above limitation. It will not be thought an extravagant conjecture that the first census will, at the rate of one for every thirty thousand, raise the number of representatives to at least one hundred. Estimating the negroes in the proportion of three fifths, it can scarcely be doubted that the population of the United States will by that time, if it does not already, amount to three millions. During

12877-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to

13040-485: The composition of the executive to the legislature . Wilson, however, maintained that a single chief executive would provide for greater public accountability than a group and thereby protect against tyranny by making it plain who was responsible for executive actions. He also submitted that a singular chief executive was necessary to ensure promptness and consistency and guard against deadlock, which could be essential in times of national emergency. Wilson's unitary executive

13203-499: The compromise that was finally agreed upon—of counting "all other persons" as only three-fifths of their actual numbers—reduced the representation of the slave states relative to the original proposals, but improved it over the Northern position. An inducement for slave states to accept the Compromise was its tie to taxation in the same ratio, so that the burden of taxation on the slave states was also reduced. A contentious issue at

13366-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in

13529-411: The convention. Following the convention, Wilson campaigned for the Constitution's ratification, and his "speech in the statehouse yard" was reprinted in newspapers throughout the country. However, he opposed the Bill of Rights . Wilson also played a major role in drafting the 1790 Pennsylvania Constitution . In 1789, Wilson joined the Supreme Court and also was named a professor of law on the faculty at

13692-998: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with

13855-517: The debates, the Southern states would be taxed "according to their numbers and their wealth conjunctly, while the northern would be taxed on numbers only". After proposed compromises of one-half by Benjamin Harrison of Virginia and three-fourths by several New Englanders failed to gain sufficient support, Congress finally settled on the three-fifths ratio proposed by James Madison . But this amendment ultimately failed, falling two states short of

14018-423: The direct election of the president through a national popular vote. He believed that a popular election would make the presidency accountable to the people, and he believed more broadly that direct elections would make each branch of government "as independent as possible of each other, as well as of the states". This proposal, however, was received with decidedly mixed opinion, in part because some delegates wanted

14181-418: The document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today

14344-607: The end, Congress did not act to change apportionment, largely because of the power of the Southern bloc. The Southern bloc comprised Southern Democrats voted into office by white voters and constituted a powerful voting bloc in Congress until the 1960s. Their representatives, re-elected repeatedly by one-party states, controlled numerous chairmanships of important committees in both houses on the basis of seniority, giving them control over rules, budgets and important patronage projects, among other issues. Their power allowed them to defeat federal legislation against racial violence and abuses in

14507-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await

14670-559: The few delegates who believed the vote should not be restricted only to property owners ) and was one of the few major Founders to articulate a belief in the principle of one man, one vote (that is, the belief that districts should each contain approximately the same number of people so that each person's vote has equal weight), which would not become a feature of American constitutional law until Baker v. Carr (1962). As historian Nicholas Pederson puts it: Wilson, more than any other delegate, consistently advocated placing as much power as

14833-563: The fighting that ensued, six died, and 17 to 19 were wounded. The city's soldiers, the First Troop Philadelphia City Cavalry and Baylor's 3rd Continental Light Dragoons , eventually intervened and rescued Wilson and his colleagues. The rioters were pardoned and released by Reed. Wilson closely identified with the aristocratic and conservative republican groups, multiplied his business interests, and accelerated his land speculation. He became involved with

14996-573: The first professor of law at the College of Philadelphia in 1790—only the second at any academic institution in the United States. Wilson mostly ignored the practical matters of legal training; like many of his educated contemporaries, he viewed the academic study of law as a branch of a general cultured education, rather than solely as a prelude to a profession. Wilson broke off his first course of law lectures in April 1791 to attend to his duties as Supreme Court justice on circuit. He appears to have begun

15159-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing

15322-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be

15485-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that

15648-467: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and

15811-482: The issue throughout the convention out of fear of alienating the pro-slavery delegates, whose support was needed to ratify the new constitution, he believed that the thrust of the constitution laid the foundation for "banishing slavery out of this country" and made certain technical objections to clauses like the Fugitive Slave Clause . Ultimately, however, his most substantial contribution on this issue

15974-431: The letter and the spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at

16137-698: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on

16300-548: The lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held the Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as

16463-665: The marriage produced a son named Henry, who died at age three. Hannah had previously been the widow of Thomas Bartlett, M.D. In 1774, Wilson published "Considerations on the Nature and Extent of the Legislative Authority of the British Parliament." In this pamphlet, Wilson argued that the Parliament had no authority to pass laws for the American colonies because the colonies had no representation in Parliament. It presented his views that all power derived from

16626-510: The method for selecting the president, the issue was ultimately left to the Committee of Unfinished Parts (also referred to as the Committee of Postponed Parts or the Committee of Eleven ), which near the end of the months-long Constitutional Convention was tasked with resolving the remaining unfinished portions of the constitution. It was in this committee that an "eleventh-hour compromise", as Supreme Court Justice Elena Kagan has described it,

16789-447: The moderate level of class conflict in American society produced a level of sociability and inter-class friendships that could make the presidency the symbolic leader of the entire American people. Wilson did not consider the possibility of bitterly polarized political parties. He saw popular sovereignty as the cement that held America together linking the interests of the people and of the presidential administration. The president should be

16952-464: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that

17115-564: The negroes could no longer be refused an equal share of representation with the other inhabitants. Madison later expanded further in Federalist No. 55 "The Total Number of the House of Representatives" (February 15, 1788) as explaining that the 3/5 had to do with estimating the population size of slaves at the time as well: Within three years a census is to be taken, when the number may be augmented to one for every thirty thousand inhabitants; and within every successive period of ten years

17278-472: The new Constitution to President Washington and his Cabinet in 1789 and 1790 and continued as a professor of law at Penn until his death in 1798. Born near Leven, Fife , Scotland , Wilson immigrated to Philadelphia in 1766 and became a teacher at the College of Philadelphia. After studying law under John Dickinson , he was admitted to the bar and set up legal practice in Reading, Pennsylvania . He wrote

17441-431: The object of restraint is clearly ascertained. This is best done, when one object only, distinguished and responsible, is conspicuously held up to the view and examination of the publick [ sic ]. . . . In planning, forming and arranging laws, deliberation is always becoming, and always useful. But in the active scenes of government, there are emergencies, in which the man, as, in other cases, the women [sic] , who deliberates

17604-533: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president

17767-544: The onset of the Panic of 1796–1797 . Of note was the failure in Pennsylvania with Theophilus Cazenove . In debt, Wilson was briefly imprisoned in a debtors' prison in Burlington, New Jersey . His son paid the debt, but Wilson went to North Carolina to escape other creditors. He was again briefly imprisoned but continued his duties on the Federal judicial circuit. In 1798, he suffered a bout of malaria and then died of

17930-445: The others at the convention as political theorists, and they were two of the closest allies in both the convention debates and ratification effort afterward. Though not in agreement with all parts of the final, necessarily compromised Constitution, Wilson stumped hard for its adoption, leading Pennsylvania, at its ratifying convention, to become the second state (behind Delaware) to accept the document. His October 6, 1787, "speech in

18093-477: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in

18256-408: The people. Yet, he wrote that the people owed their allegiance to the British king: "A denial of the legislative authority of the British parliament over America is by no means inconsistent with that connexion, which ought to subsist between the mother country and her colonies." Scholars considered his work on par with the seminal works of Thomas Jefferson and John Adams of the same year. However, it

18419-478: The positions he held and the frequency with which he appeared on committees concerned with Indian affairs are an index, he was until his departure from Congress in 1777 the most active and influential single delegate in laying down the general outline that governed the relations of Congress with the border tribes." Wilson also served from June 1776 on the Committee on Spies, along with Adams, Jefferson, John Rutledge , and Robert R. Livingston . On October 4, 1779,

18582-442: The power of Congress to levy taxes, and Ware v. Hylton (1796), which held that treaties take precedence over state law under the U.S. Constitution. Wilson concurred with the majority on both rulings. During Wilson's last two years on the court, he largely abdicated his role on the Supreme Court bench and rode circuit in the South to avoid creditors. He served on the Supreme Court until his death on August 21, 1798. Wilson became

18745-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against

18908-428: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of

19071-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on

19234-436: The president on their behalf. But this, too, was initially greeted unenthusiastically. The proposal that at first received the greatest traction was one that Wilson disliked: selection by the legislature (Wilson had tried to accommodate the desires of these "congressionalists" in his electoral college proposal by including a contingent election, which would hand the selection of the president to Congress if no candidate received

19397-502: The president to be popularly elected. Along with Madison, he was perhaps the best versed of the framers in the study of political economy. He understood clearly the central problem of dual sovereignty (nation and state) and held a vision of an almost limitless future for the United States. A witness to Wilson's performance during the convention, Dr. Benjamin Rush , called Wilson's mind "one blaze of light." Madison and Wilson far outdistanced

19560-528: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,

19723-409: The principle that representation in the House of Representatives would be in proportion to the relative state populations, but it initially rejected his proposal regarding apportionment of the black population along with the rest of his plan. Delegates opposed to slavery proposed that only free inhabitants of each state be counted for apportionment purposes, while delegates supportive of slavery opposed

19886-501: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting

20049-502: The proposal, wanting slaves to count in their actual numbers. The proposal to count slaves by a three-fifths ratio was first presented on June 11, and agreed to by nine states to two with only a brief debate. It was debated at length between July 9 and 13 (inclusive) when it was initially voted down by the members present at the Convention six to four. A few Southern delegates, seeing an opportunity, then proposed full representation for their slave population; most states voted no. Seeing that

20212-587: The proposed Bill of Rights . Powers over assembly , the press , search and seizure , and others covered in the Bill of Rights were, according to Wilson, not granted in the Enumerated powers so therefore were unnecessary amendments. Wilson was later instrumental in the redrafting of the Pennsylvania Constitution of 1776 , leading the group in favor of a new constitution, and entering into an agreement with William Findley (leader of

20375-504: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing

20538-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward

20701-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it

20864-417: The same clause reduced the Congressional representation of states who denied the right to vote to adult male citizens, but this provision was never effectively enforced. (The Thirteenth Amendment , passed in 1865, had already eliminated almost all persons from the original clause's jurisdiction by banning slavery; the only remaining persons subject to it were those sentenced for a crime to penal servitude, which

21027-517: The selection of the president to be insulated from the popular will and in part because it would not count southern states' slave populations towards their voting power (which had been the major concern leading to the infamous Three-fifths Compromise). In an attempt to accommodate these objections, Wilson proposed selection by an electoral college, which would divide the states into districts in number proportional to their population, from which voters would choose electors who would in turn cast ballots for

21190-415: The slave states' representation in the Electoral College above their voting populations). Each state's legislature would decide upon the manner in which that state's electors would be chosen, and the electors would cast votes for the presidency. In the case that no presidential candidate received a majority of electoral votes, a contingent election would be triggered, handing the selection of the president to

21353-636: The society. Wilson's religious beliefs evolved throughout his life and have been the subject of some dispute, as there are writings from various points of his life from which it can be argued that he leaned towards Presbyterianism , Anglicanism , Thomism , or Deism , although it has been deemed likely that he eventually favored some form of Christianity. On November 5, 1771, he married Rachel Bird, daughter of William Bird and Bridget Hulings; they had six children together: Mary, William, Bird, James, Emily, and Charles. Rachel died in 1786, and in 1793 he married Hannah Gray, daughter of Ellis Gray and Sarah D'Olbear;

21516-409: The statehouse yard" (delivered in the courtyard behind Independence Hall ) has been seen as particularly important in setting the terms of the ratification debate, both locally and nationally. During the debates, it was more influential than The Federalist Papers . It was printed in newspapers, and copies of the speech were distributed by George Washington to generate support for the ratification of

21679-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,

21842-532: The states could not remain united about counting the slaves as five-fifths without some sort of compromise measure, the ratio of three-fifths was brought back to the table and agreed to by eight states to two. Gouverneur Morris from New York doubted that a direct tax , whose burden on Southern states would be increased by the Three-fifths Compromise, could be effectively leveled on the vast United States. The primary ways of generating federal revenue, he said, would be excise taxes and import duties , which would tax

22005-518: The statistical argument dispute that ontological considerations were present in the mind of Congress at the time or that the Three-Fifths Compromise had any regard for such notions in its purpose and function. However, it is generally agreed upon and historiographically reflected that enslaved people had no legal recourse or standing to challenge or participate in any kind of electoral legislation or activities of their own accord, which

22168-469: The three-fifths clause; taking it at is worst, it still leans to freedom, not slavery; for, be it remembered that the Constitution nowhere forbids a coloured man to vote. Section 2 of the Fourteenth Amendment (1868) later superseded Article 1, Section 2, Clause 3 and explicitly repealed the compromise. It provides that "representatives shall be apportioned ... counting the whole number of persons in each State, excluding Indians not taxed." A later provision of

22331-454: The time is elapsed; when the business is finished; when the state is in distress, perhaps on the verge of destruction; on whom shall we fix the blame? Whom shall we select as the object of punishment? One of the issues that most divided the convention was the method of selecting the president, with Wilson observing that the issue had "greatly divided" the Convention and was "in truth the most difficult". For his part, Wilson forthrightly supported

22494-620: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln

22657-571: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized

22820-450: The unanimous approval required to amend the Articles of Confederation ( New Hampshire and New York opposed it). Madison explained the reasoning for the 3/5 in Federalist No. 54 "The Apportionment of Members Among the States" (February 12, 1788) as: "We subscribe to the doctrine," might one of our Southern brethren observe, "that representation relates more immediately to persons, and taxation more immediately to property, and we join in

22983-489: The war, Wilson took a position as advocate general for France in America (1779–1783), dealing with commercial and maritime matters, and legally defended Loyalists and their sympathizers. He held this post until his death in 1798. We now see the circle of government, beautiful and complete. By the people, its springs are put in motion originally: By the people, its administration is consummated: At first; at last; their power

23146-443: The whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons [italics added]. The three-fifths ratio originated with an amendment proposed to the Articles of Confederation on April 18, 1783. The amendment was to have changed the basis for determining the wealth of each state, and hence its tax obligations, from real estate to population, as

23309-422: The word "We" as first word of the constitution leading to the now famous phrase "We the people...." On economics, Wilson wished the Constitution to make clear that the federal government (like the state governments) had no power to make anything other than gold or silver a tender in payment of debts, formally forbidding the federal government from issuing paper money. Wilson has been variously called by scholars

23472-480: The young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for a bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as

23635-492: Was Chisholm v. Georgia (1793), which granted federal courts the affirmative power to hear disputes between private citizens and states. This ruling was superseded by the Eleventh Amendment , which conflicted with Wilson's view that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. Two other important cases were Hylton v. United States (1796), which clarified

23798-648: Was a Scottish-born American Founding Father , legal scholar, jurist, and statesman who served as an associate justice of the United States Supreme Court from 1789 to 1798. Wilson was elected twice to the Continental Congress , was a signatory of the Declaration of Independence , and was a major participant in drafting the U.S. Constitution becoming one of only six people to sign both documents. A leading legal theorist, he

23961-485: Was a delegate to the 1787 Constitutional Convention in Philadelphia, where he was a member of the Committee of Detail which produced the first draft of the Constitution. He was the principal architect of the executive branch of the federal government and was an outspoken supporter of greater participatory democracy , a strong national government, and proportional legislative representation based on population. Along with Roger Sherman and Charles Pinckney , he proposed

24124-410: Was a ready solution to the impasse that arose during the Constitutional Convention. In that situation, the alignment of the contending forces was the reverse of what had been obtained under the Articles of Confederation in 1783. In amending the Articles, the North wanted slaves to count for more than the South did because the objective was to determine taxes paid by the states to the federal government. In

24287-478: Was actually penned in 1768, perhaps the first cogent argument to be formulated against the authority of the Crown . Some scholars see Wilson as a leading revolutionary while others see him as a reluctant, elite revolutionary reacting to the stream of events determined by the radicals on the ground. In 1775, he was commissioned colonel of the 4th Cumberland County Battalion and rose to the rank of brigadier general of

24450-503: Was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to the convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting

24613-595: Was confirmed 70 years later by the Supreme Court in Dred Scott v. Sandford . This inequality in electoral rights did not substantively change until after the passage of the Thirteenth , Fourteenth , Fifteenth , and Nineteenth Amendments as well as the Voting Rights Act of 1965 . Constitution of the United States [REDACTED] [REDACTED] The Constitution of the United States

24776-456: Was feasible with the people themselves—giving them as direct control as was possible over operation of the federal government's machinery...Wilson alone, who wielded formidable intellect on behalf of democracy throughout the Convention, is a major part of the reason why the Constitution ended up as democratic a document as it did. Despite owning a household slave himself, in rhetoric he argued against slavery . While he remained relatively quiet on

24939-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing

25102-430: Was his proposal of the Three-fifths Compromise , which would count three-fifths of each state's slave population toward that state's total population for the purposes of representation in the House of Representatives. As the Convention proceeded, he would come to disavow the compromise; nevertheless, it was accepted into the new constitution, becoming one of its most infamous clauses. Wilson has been credited with adding

25265-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of

25428-513: Was one of the first four Associate Justices appointed to the Supreme Court by George Washington . In his capacity as the first professor of law at the College of Philadelphia (a year after he was appointed as a professor at the College of Philadelphia, the college merged with University of the State of Pennsylvania to become the University of Pennsylvania ), he taught the first course on

25591-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at

25754-417: Was protected further by allowing states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in

25917-501: Was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery

26080-410: Was struck, which settled on the use of an electoral college very similar to the one Wilson had earlier proposed. The committee constructed a complex structure that, with few alterations, would become the Electoral College . In this system, each state would be awarded a number of electors equal to its number of House Representatives and Senators (this encoded within it the Three-fifths Compromise, boosting

26243-531: Was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to

26406-420: Was ultimately adopted by the convention. The executive as well as the legislative power ought to be restrained. . . . The restraints on the legislative authority, must from its nature, be chiefly internal; that is, they must proceed from some part or division of itself. But the restraints on the executive power are external. These restraints are applied with the greatest certainty, and with greatest efficacy, when

26569-494: Was very successful, and he earned a small fortune in a few years. By then he had a small farm near Carlisle, Pennsylvania , was handling cases in eight local counties, became a founding trustee of Dickinson College , and was lecturing at The academy and College of Philadelphia. In 1768 he was elected to membership of the American Philosophical Society , and from 1781 to 1783 he was the vice president of

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