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Twenty-second Amendment to the United States Constitution

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150-618: The Twenty-second Amendment ( Amendment XXII ) to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two terms, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. Congress approved the Twenty-second Amendment on March 21, 1947, and submitted it to

300-480: A two-term tradition that served as a vital check against any one person, or the presidency as a whole, accumulating too much power". Various amendments aimed at changing informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, but none passed. Three of the next four presidents after Jefferson—Madison, James Monroe , and Andrew Jackson —served two terms, and each adhered to

450-616: 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 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

600-479: 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

750-825: A conflict between Britain and France brought about by the French Revolution , while the Democratic-Republicans had made efforts to align with France, and the Federalists had made efforts to ally with Great Britain. Washington recognizes that it is natural for people to organize and operate within groups such as political parties, but he also argues that every government has recognized political parties as an enemy and has sought to repress them because of their tendency to seek more power than other groups and to take revenge on political opponents. He feels that disagreements between political parties weakened

900-472: 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

1050-642: 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,

1200-523: 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

1350-508: A policy of good faith and justice towards all nations, again making reference to proper behavior based upon religious doctrine and morality. He urges the American people to avoid long-term friendly relations or rivalries with any nation, arguing that attachments with or animosity toward other nations will only cloud the government's judgment in its foreign policy. He argues that longstanding poor relations will only lead to unnecessary wars due to

1500-472: A private citizen in the free government they created together during his 45 years of public service. Washington's Farewell Address is considered to be one of the most important documents in American history and the foundation of the Federalist Party's political doctrine. Washington later accepted a commission from President John Adams , despite his stated desire to retire from public service, as

1650-572: A proposed constitutional amendment (House Joint Resolution  27) setting a limit of two four-year terms for future presidents. Introduced by Earl C. Michener , the measure passed 285–121, with support from 47 Democrats, on February 6, 1947. Meanwhile, the Senate developed its own proposed amendment, which initially differed from the House proposal by requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to

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1800-458: A reason for breaking with precedent. Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election . Near the end of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to two terms. According to Dewey, "four terms, or sixteen years [a direct reference to the president's tenure in office four years hence] is the most dangerous threat to our freedom ever proposed." He also discreetly raised

1950-513: A single six-year term. In spite of the strong two-term tradition, a few presidents before Roosevelt attempted to secure a third term. Following Ulysses S. Grant 's reelection in 1872 , there were serious discussions within Republican political circles about the possibility of his running again in 1876. But interest in a third term for Grant evaporated in the light of negative public opinion and opposition from members of Congress, and Grant left

2100-478: A tendency to blow minor offenses out of proportion when committed by nations viewed as enemies of the United States. He continues this argument by claiming that alliances are likely to draw the United States into wars that have no justification and no benefit to the country beyond simply defending the favored nation. Alliances, he warns, often lead to poor relations with nations who feel that they are not being treated as well as America's allies, and threaten to influence

2250-477: A term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding

2400-508: A third term in office. He reflects on the emerging issues of the American political landscape in 1796, expresses his support for the government eight years after the adoption of the Constitution , defends his administration's record, and gives valedictory advice to the American people. The letter also attempted to reunite the country, which had partly turned against Washington following the controversial 1794 Jay Treaty . The thought of

2550-449: A third term, establishing a two-term tradition. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the only president to be elected for a third and fourth term, giving rise to concerns about a president serving unlimited terms. Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of

2700-408: A tradition in both houses by 1899. The House of Representatives abandoned the practice in 1984, but the Senate continues the tradition. Washington's Birthday is observed by selecting a member of the Senate to read the address aloud on the Senate floor, alternating between political parties each year since 1896. Additionally, some senators may choose to make brief remarks and commentary before reading

2850-581: Is a letter written by President George Washington as a valedictory to "friends and fellow-citizens" after 20 years of public service to the United States. He wrote it near the end of the second term of his presidency before retiring to his home at Mount Vernon in Virginia. The letter was first published as The Address of Gen. Washington to the People of America on His Declining the Presidency of

3000-441: Is also prohibited from being elected president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether it applies only to presidential elections. Until the amendment's ratification, the president had not been subject to term limits , but both George Washington and Thomas Jefferson (the first and third presidents) decided not to run for

3150-586: 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 is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then

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3300-595: 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,

3450-603: 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,

3600-539: Is too large to be ruled as a republic, an argument made by many during the debate on the proposed purchase of the Louisiana Territory , calling on the people to give the experiment of a large republic a chance to work before deciding that it cannot be done. He then offers strong warnings on the dangers of sectionalism , arguing that the true motives of a sectionalist are to create distrust or rivalries between regions and people to gain power and take control of

3750-474: The 12th Amendment , ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." While the 12th Amendment stipulates that the constitutional qualifications of age, citizenship, and residency apply to the president and vice president, it is unclear whether someone who is ineligible to be elected president due to term limits could be elected vice president. Because of

3900-404: 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 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

4050-497: The Constitutional Convention of 1787 considered the issue extensively (alongside broader questions, such as who would elect the president, and the president's role). Many, including Alexander Hamilton and James Madison , supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy . An early draft of

4200-647: 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

4350-542: The Proclamation of Neutrality which he made during the French Revolutionary Wars , despite the standing Treaty of Alliance with France. He explains that the United States had a right to remain neutral in the conflict and that the correctness of that decision "has been virtually admitted by all" nations since. Justice and humanity required him to remain neutral during the conflict, he argues, and

4500-501: 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 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

4650-658: The Senior Officer of a Provisional Army formed to defend the nation against a possible invasion by French forces during the Quasi-War . Washington held true to his statements in his farewell address, despite spending months organizing the Officer Corps of the Provisional Army, and declined suggestions that he return to public office in the presidential election of 1800 . Washington's statements on

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4800-595: 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

4950-486: 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 , 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

5100-722: 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

5250-506: 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 . George Washington%27s Farewell Address Virginia Association [REDACTED] Washington's Farewell Address

5400-493: 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

5550-481: The midterm elections 18 months later, Republicans took control of the House and the Senate. As many of them had campaigned on the issue of presidential tenure, declaring their support for a constitutional amendment that would limit how long a person could serve as president, the issue was given priority in the 80th Congress when it convened in January 1947. The House of Representatives took quick action, approving

5700-472: The state legislatures for ratification . That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had yet been admitted as a state ), and its provisions came into force on that date. The amendment prohibits anyone who has been elected president twice from being elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than two years

5850-717: The 1778 Treaty of Alliance, in exchange for ending the Quasi-War and establishing most favored nation trade relations with Napoleonic France . In 1823, Washington's foreign policy goals were further realized in the Monroe Doctrine , which promised non-interference in European affairs so long as the nations of Europe did not seek to colonize or interfere with the newly independent Latin American nations of Central and South America . The United States did not enter into any permanent military alliances with foreign nations until

6000-595: The 1949 North Atlantic Treaty which formed NATO . Philadelphia residents signed a petition in January 1862 during the American Civil War requesting that Congress commemorate the 130th anniversary of Washington's birth by reading his Farewell Address "in one or the other of the Houses of Congress." It was first read in the House of Representatives in February 1862, and reading Washington's address became

6150-571: The 22nd Amendment should be altered to limit presidents to two consecutive terms but then allow non-consecutive terms, because of longer life expectancies . The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years after the amendment's ratification. Over the next 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced. Between 1997 and 2013, José E. Serrano , Democratic representative for New York, introduced nine resolutions (one per Congress, all unsuccessful) to repeal

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6300-543: 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

6450-442: The American government into making decisions based upon the will of their allies instead of the will of the American people. Washington makes an extended reference to the dangers of foreign nations who will seek to influence the American people and government; nations who may be considered friendly as well as nations considered enemies will equally try to influence the government to do their will. "Real patriots", he warns, who "resist

6600-430: The American people that his service was no longer necessary by telling them, as he had in his first inaugural address, that he truly believed that he was never qualified to be president. If he accomplished anything during his presidency, he said, it was as a result of their support and efforts to help the country survive and prosper. Despite his confidence that the country would survive without his leadership, Washington used

6750-423: The American people that, if they believe that it is necessary to modify the powers granted to the government through the Constitution, it should be done through constitutional amendments instead of through force. One of the most referenced parts of Washington's letter is his strong support of the importance of religion and morality in promoting private and public happiness and in promoting the political prosperity of

6900-457: The American people to take advantage of their isolated position in the world, and to avoid attachments and entanglements in foreign affairs, especially those of Europe, which he argues have little or nothing to do with the interests of America. He argues that it makes no sense for the American people to become embroiled in European affairs when their isolated position and unity allow them to remain neutral and focus on their own affairs. He argues that

7050-562: 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

7200-416: 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: 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

7350-569: 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

7500-552: 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

7650-777: 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

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7800-508: 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

7950-682: 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

8100-685: 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

8250-597: 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

8400-603: 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

8550-484: 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 was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation

8700-404: 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

8850-537: 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

9000-502: 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

9150-503: The U.S. Constitution provided that the president was restricted to one seven-year term. Ultimately, the Framers approved four-year terms with no restriction on how many times a person could be elected president. Though dismissed by the Constitutional Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson . As his second term entered its final year in 1796, Washington

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9300-469: 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 the Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on

9450-417: The Union, he urges the people to place their identity as Americans above their identities as members of a state, city, or region, and to focus their efforts and affection on the country above all other local interests. He reminds the people that they do not have more than slight differences in religion, manners, habits, and political principles and that their triumph and possession of independence and liberty are

9600-502: The United States in Claypoole's American Daily Advertiser on September 19, 1796, about ten weeks before the presidential electors cast their votes in the 1796 election . In it, he writes about the importance of national unity while warning Americans of the political dangers of regionalism, partisanship and foreign influence, which they must avoid to remain true to their values. It was almost immediately reprinted in newspapers around

9750-414: 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, 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

9900-430: The United States without George Washington as its president caused concern among many Americans. Thomas Jefferson disagreed with many of Washington's policies and later led the Democratic-Republicans in opposition to many Federalist policies, but he joined his political rival Alexander Hamilton , leader of the Federalists, in convincing Washington to delay his retirement and serve a second term. The two men feared that

10050-569: The United States; the government has been created to enforce the opinion of the people, so the opinion of the people should be informed and knowledgeable. Washington provides strong support for the balanced federal budget, arguing that the nation's credit is an important source of strength and security. He urges the American people to preserve the national credit by avoiding war, avoiding unnecessary borrowing, and paying off any national debt accumulated in times of war as quickly as possible in times of peace so that future generations do not have to take on

10200-492: 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

10350-460: The ambiguity, a two-term former president could possibly be elected vice president and then succeed to the presidency as a result of the incumbent's death, resignation, or removal from office, or succeed to become Acting President from another stated office in the presidential line of succession . It has been argued that the 22nd Amendment and 12th Amendment bar any two-term president from later serving as vice president as well as from succeeding to

10500-440: The amendment has barred seven twice-elected presidents from election to a third term: Dwight D. Eisenhower , Richard Nixon , Ronald Reagan , Bill Clinton , George W. Bush , Barack Obama , and Donald Trump . As worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than twice. Questions have been raised about the amendment's meaning and application, especially in relation to

10650-542: The amendment. After leaving office, Harry Truman described the amendment as stupid and one of the worst amendments of the Constitution with the exception of the Prohibition Amendment . A few days before leaving office in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment because he thought it infringed on people's democratic rights. In a November 2000 interview with Rolling Stone , President Bill Clinton suggested that

10800-562: The amendment. Repeal has also been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell and Harry Reid . United States Constitution [REDACTED] [REDACTED] The Constitution of the United States 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,

10950-401: 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

11100-420: 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

11250-449: The country should avoid permanent alliances with all foreign nations, although temporary alliances during times of extreme danger may be necessary. He states that current treaties should be honored but not extended. Washington wraps up his foreign policy stance by advocating free trade with all nations, arguing that trade links should be established naturally and the role of the government should be limited to ensuring stable trade, defending

11400-536: The country, and later in pamphlet form. The first draft was originally prepared by James Madison in June 1792, as Washington contemplated retiring at the end of his first term in office. However, he set it aside and ran for a second term because of heated disputes between Secretary of the Treasury Alexander Hamilton and Secretary of State Thomas Jefferson which convinced Washington that

11550-998: 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

11700-436: The duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked: Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice? And let us with caution indulge

11850-418: 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

12000-429: The financial burdens. Despite his warnings to avoid taking on debt, Washington does state his belief that sometimes it is necessary to spend money to prevent dangers or wars that will cost more if not properly prepared for. At these times, he argues, it is necessary for the people to cooperate by paying taxes to cover these precautionary expenses. He emphasizes how important it is for the government to be careful in choosing

12150-433: 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

12300-480: 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

12450-415: 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

12600-434: The government should be avoided at all costs and that it is the duty of every member of the republic to follow the constitution and to submit to the laws of the government until it is constitutionally amended by the majority of the American people. Washington warns the people that political factions may seek to obstruct the execution of the laws created by the government or to prevent the branches of government from exercising

12750-410: The government to a point where it is unable to defend itself from political factions, enforce its laws, and protect the people's rights and property. As a result, he urges them to give the government time to realize its full potential, and only amend the constitution after thorough time and thought have proven that it is truly necessary instead of simply making changes based upon opinions and hypotheses of

12900-637: 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, 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

13050-400: The government. Moreover, he makes the case that "the alternate domination" of one party over another and coinciding efforts to exact revenge upon their opponents have led to horrible atrocities, and "is itself a frightful despotism. But this leads at length to a more formal and permanent despotism." From Washington's perspective and judgment, political parties eventually and "gradually incline

13200-613: The government. Washington points to the Jay Treaty and Pinckney's Treaty which established the borders of the United States western territories between Spanish Mexico and British Canada and secured the rights of western farmers to ship goods along the Mississippi River to New Orleans. He holds up these treaties as proof that the eastern states along the Atlantic Coast and the federal government are looking out for

13350-410: The growing tensions would rip apart the country without his leadership. This included the state of foreign affairs, and divisions between the newly formed Federalist and Democratic-Republican parties. As his second term came to a close four years later, Washington prepared a revision of the original letter with the help of Hamilton to write a new farewell address to announce his intention to decline

13500-529: The halfway point of his second term, he wrote, If some termination to the services of the chief magistrate be not fixed by the Constitution, or supplied by practice, his office, nominally for years, will in fact, become for life; and history shows how easily that degenerates into an inheritance. Since Washington made his historic announcement, numerous academics and public figures have looked at his decision to retire after two terms, and have, according to political scientist Bruce Peabody, "argued he had established

13650-467: 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

13800-552: The importance of religion and morality in American politics and his warnings on the dangers of foreign alliances influenced political debates into the twentieth century, and have received special consideration as advice from an American hero. Washington's hope that the United States would end permanent alliances with foreign nations was realized in 1800 with the Convention of 1800 , the Treaty of Mortefontaine which officially ended

13950-477: The intrigues" of foreign nations may find themselves "suspected and odious" in the eyes of others, yet he urges the people to stand firm against such influences all the same. He portrays those who attempt to further such foreign interests as becoming the "tools and dupes" of those nations, stealing the applause and praise of their country away from the "real patriots" while actually working to "surrender" American interests to foreign nations. Washington goes on to urge

14100-404: The issue of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term. While he quelled rumors of poor health during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, only 82 days after his fourth inauguration , he suffered a cerebral hemorrhage and died , to be succeeded by Vice President Harry Truman . In

14250-437: The items that will be taxed, but also tells the American people that, no matter how hard the government tries, there will never be a tax which is not inconvenient and unpleasant to those who must pay it. Washington dedicates a large part of his farewell address to discussing foreign relations and the dangers of permanent alliances between the United States and foreign nations, which he views as foreign entanglements. He advocates

14400-757: 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

14550-455: The majority of the letter to offer advice as a "parting friend" on what he believed were the greatest threats to the nation. The Address expresses Washington's understanding of republicanism by affirming popular government and warning about threats to "Republican liberty". He begins his warnings to the American people by stressing that their independence, peace at home and abroad, safety, prosperity, and liberty are all dependent upon unity among

14700-438: The minds of men to seek security… in the absolute power of an individual", leading to despotism. He acknowledges the fact that parties are sometimes beneficial in promoting liberty in monarchies, but he argues that political parties must be restrained in a popularly elected government because of their tendency to distract the government from their duties, create unfounded jealousies among groups and regions, raise false alarms among

14850-501: The moment. Washington continues to advance his idea of the dangers of sectionalism and expands his warning to include the dangers of political parties to the country as a whole. These warnings are given in the context of the recent rise of two opposing parties within the government—the Democratic-Republican Party led by Jefferson, and Hamilton's Federalist Party . Washington had striven to remain neutral during

15000-508: The months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a third term. His vice president, John Nance Garner , along with Postmaster General James Farley , announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention saying he would run only if drafted , saying delegates were free to vote for whomever they pleased. This message

15150-534: The nation would be torn apart without his leadership. Washington most likely referred to this when he told the American people that he had wanted to retire before the last election, but he was convinced by people who were, in his words, "entitled to my confidence" that it was his duty to serve a second term. All of the ideas presented in Washington's Farewell Address came from Washington; however, Alexander Hamilton wrote most of it. Washington sought to convince

15300-513: The nation. He argues that religious principles promote the protection of property, reputation, life, and honor that are the foundations of justice. He cautions against the belief that the nation's morality can be maintained without religion: Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of

15450-464: 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

15600-439: The neutrality was also necessary to allow the new government a chance to mature and gain enough strength to control its own affairs. Washington closes his letter to the American people by asking them to forgive any failures that may have occurred during his service to the country, assuring them that they were due to his weaknesses and by no means intentional. The sentences express his excitement about joining his fellow Americans as

15750-586: 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 the Congress could borrow money, it could not pay it back. No state paid its share of taxes to support

15900-556: The office of President or acting as President during the remainder of such term. Section 2. This Article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress. The Twenty-second Amendment was a reaction to Franklin D. Roosevelt 's election to an unprecedented four terms as president, but presidential term limits had long been debated in American politics. Delegates to

16050-533: 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

16200-551: 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

16350-412: The people, promote riots and insurrection, and provide foreign nations and interests access to the government where they can impose their will upon the country. Washington continues his defense of the Constitution by stating that the system of checks and balances and separation of powers within it are important means of preventing a single person or group from seizing control of the country. He advises

16500-407: 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

16650-574: 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 the document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it

16800-463: The powers provided to them by the constitution. Such factions may claim to be trying to answer popular demands or solve pressing problems, but their true intentions are to take the power from the people and place it in the hands of unjust men. Washington calls the American people to only change the Constitution through amendments, but he then warns them that groups seeking to overthrow the government may strive to pass constitutional amendments to weaken

16950-428: 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

17100-459: The presidency at the 1920 Democratic National Convention . Democratic Party leaders were unwilling to support Wilson, and the nomination went to James M. Cox , who lost to Warren G. Harding . Wilson again contemplated running for a (non-consecutive) third term in 1924, devising a strategy for his comeback, but again lacked any support. He died in February of that year. Franklin Roosevelt spent

17250-423: The presidency from any point in the presidential line of succession. Others contend that the original intent of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to

17400-410: The presidency in 1877 after two terms. Even so, as the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention , but narrowly lost to James A. Garfield , who won the 1880 election . Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley's assassination (194 days into his second term), and

17550-418: 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

17700-528: 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 ,

17850-501: 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

18000-444: 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

18150-532: The protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, 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

18300-492: 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 the lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held

18450-425: 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

18600-442: 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

18750-540: The results of working together. Washington continues to express his support of the Union by giving some examples of how he believes that the country, its regions, and its people are already benefiting from the unity which they currently share. He then looks to the future in his belief that the combined effort and resources of its people will protect the country from foreign attack and allow them to avoid wars between neighboring nations that often happen due to rivalries and competing relations with foreign nations. He argues that

18900-418: The rights of American merchants and any provisions necessary to ensure the conventional rules of trade. Washington uses this portion of the address to explain that he does not expect his advice to make any great impression upon the people or to change the course of American politics, but he does hope that the people will remember his devoted service to his country. Washington then explains his reasoning behind

19050-399: The security provided by the Union will also allow the United States to avoid the creation of an overgrown military which he sees as a great threat to liberty, especially the republican liberty that the United States has created. Washington goes on to warn the American people to question the ulterior motives of any person or group who argues that the land within the borders of the United States

19200-617: The speech. After finishing, readers make an entry into a black, leather-bound journal maintained by the Secretary of the Senate upon finishing. During Strom Thurmond's filibuster of the Civil Rights Act of 1957 , George Washington's Farewell Address was read by Strom Thurmond . According to political journalist John Avlon , the Farewell Address was "once celebrated as a civic Scripture, more widely reprinted than

19350-416: 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

19500-441: The state legislatures, and by prohibiting any person who had served more than 365 days in each of two terms from further presidential service. Both of these provisions were removed when the full Senate took up the bill; however, a new provision was added. Put forward by Robert A. Taft , it clarified procedures governing the number of times a vice president who succeeded to the presidency might be elected to office. The amended proposal

19650-477: 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,

19800-420: The states by the Congress. This full exemption allowed Truman to run again in 1952. He had served nearly all of Franklin Roosevelt's unexpired 1945–1949 term and had been elected to a full four-year term beginning in 1949. But with his job approval rating at around 27%, and after a poor performance in the 1952 New Hampshire primary , Truman chose not to seek his party's nomination. Since becoming operative in 1951,

19950-458: The states. Once submitted to the states, the 22nd Amendment was ratified by: Conversely, two states—Massachusetts and Oklahoma—rejected the amendment, while five (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action. Because of the grandfather clause in Section 1, the amendment did not apply to Harry S. Truman, the incumbent president at the time it was submitted to

20100-407: The states. He warns them that the union of states created by the Constitution will come under the most frequent and focused attacks by foreign and domestic enemies of the country. He warns the American people to be suspicious of anyone who seeks to abandon the Union, secede a portion of the country from the rest, or weaken the bonds that hold together the constitutional union. To promote the strength of

20250-473: The supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle. Washington refers to religious principle as the foundation of a civilized society. He also argues that the American government needs to ensure "the general diffusion of knowledge" throughout

20400-675: 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

20550-597: The two-term principle; Martin Van Buren was the only president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election and so served only one term. At the outset of the Civil War , the seceding States drafted the Constitution of the Confederate States of America , which in most respects resembled the United States Constitution, but limited the president to

20700-571: 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

20850-424: The vice presidency and then succeed to the presidency to serve out the balance of the term, although the person could be prohibited from running for election to an additional term. The practical applicability of this distinction has not been tested, as no person has been elected president and vice president in that order, regardless of terms served. Over the years, several presidents have voiced their antipathy toward

21000-516: The welfare of all the American people and can win fair treatment from foreign countries as a united nation. Washington goes on to state his support for the new constitutional government, calling it an improvement upon the nation's original attempt in the Articles of Confederation . He reminds the people that it is the right of the people to alter the government to meet their needs, but it should only be done through constitutional amendments. He reinforces this belief by arguing that violent takeovers of

21150-430: 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 the Articles, required legislative approval by all 13 of

21300-460: Was exhausted from years of public service, and his health had begun to decline. He was also bothered by his political opponents' unrelenting attacks, which had escalated after the signing of the Jay Treaty , and believed he had accomplished his major goals as president. For these reasons, he decided not to run for a third term, a decision he announced to the nation in his September 1796 Farewell Address . Eleven years later, as Thomas Jefferson neared

21450-425: 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

21600-421: Was handily elected to a full term in 1904 . He declined to seek a third (second full) term in 1908, but did run again in the 1912 election , losing to Woodrow Wilson . Wilson himself, despite his ill health following a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his health precluded another campaign, but Wilson nonetheless asked that his name be placed in nomination for

21750-407: Was interpreted to mean he was willing to be drafted, and he was renominated on the convention's first ballot. Roosevelt won a decisive victory over Republican Wendell Willkie , becoming the only president to exceed eight years in office. His decision to seek a third term dominated the election campaign. Willkie ran against the open-ended presidential tenure, while Democrats cited the war in Europe as

21900-401: 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

22050-517: 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 was protected further by allowing states to count three-fifths of their slaves as part of their populations, for

22200-427: 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

22350-399: Was passed 59–23, with 16 Democrats in favor, on March 12. On March 21, the House agreed to the Senate's revisions and approved the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days after it was sent to

22500-402: 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 the letter and

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