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"ALL MEN ARE CREATED FREE AND EQUAL"


OUTLINE OF AMERICAN CONSTITUTION


BASIS
THE BRITISH CONSTITUTION


Colonial Charters

Sometimes called "constitutions." Under the influence of American customs and usages, tended to develop idea of liberty being vested in the people themselves.

Declaration of American Rights
October 14, 1774

Proclaimed consitutional rights of Americans as Englishmen, and denounced unconstitutional practices of English Government. American Constitution thereby began to take form.

Declaration of the Causes and Necessity of Taking Up Arms
July 6, 1775

Blood is drawn for the American Constitution.

Resolution of Independence
July 2, 1776

The official act of Independence.



DECLARATION OF INDEPENDENCE
July 4, 1776 (Signed August 2, and after)


The Announcement, or advertisement to a "Candid World."

Denounced violations of (English) constitution.

Established three points:

1. Political separation. "United States of America" used officially for the first time.

2. Abolition of all noble ranks and titles—"all men are created equal." Set up democracy.

3. Merger of fundamental liberties of English constitution into American constitutional stream.



AMERICAN CONSTITUTION TAKING MORE DEFINITE FORM


Articles of Confederation and Perpetual Union, March 1, 1781, our first written constitution for the union. Known as the "Foederal Constitution."

1. Definitely represented a forming nation. Congress received and sent ministers, executed treaties.

2. Merged inherited liberties into American Constitution, which were additional to this first written constitution, or form of government for the union.

3. Established right of travel anywhere in new nation.



The Constitution
Written and Signed at
Philadelphia
1787
(Became operative Mr. 4, 1789)


Convention had been called to amend for "Commercial Purposes" the Articles of Confederation, the "Foederal Constitution."

Preamble of the new Constitution contained a declaration of intent to secure Liberty and to promote the General Welfare (showing purpose).

Habeas Corpus (Have the body, or freedom from being kept in jail arbitrarily without a chance to be heard in court).

But

NO BILL OF RIGHTS

Such omission, however, did not wipe out Inherited and Inalienable Rights of the Centuries.



BILL OF RIGHTS, ADOPTED 1791

First Ten Amendments
to the Constitution


Asserted and guaranteed liberties, such as freedom of speech, press, religion, and assembly; but did not rescind inherited liberties already in effect.

Note: It must be understood that the Bill of Rights did not protect as against invasion by states and their subdivisions, and does not now.

AMENDMENTS


XI Amendment, 1795

States Not to be Sued.


XII Amendment, 1804

Reform Electoral Vote.


TERRITORIAL EXPANSION


Louisiana Purchase, "unconstitutional," becomes constitutional by occupation of land. Florida. Mexican War; Texas and West. Oregon settlement with England.


CIVIL WAR COMES


CONSTITUTION CRACKS


LINCOLN'S EMANCIPATION PROCLAMATION


In effect January 1, 1863. Slaves not freed by Proclamation, but principle established.


XIII AMENDMENT, 1865


Slavery abolished. Popular principle of Emancipation Proclamation confirmed. (Georgia 27th state to ratify. Federal troops used to force adoption.)


XIV AMENDMENT, 1868


Rights of persons to due process of law. Interpreted by Supreme Court to apply to corporations. [For a full discussion of the changing interpretation of this important amendment, see Chapter 25.]


XV AMENDMENT, 1870


No denial of the right to vote on account of "race, color, or previous condition of servitude."


XVI AMENDMENT, 1913


Income Tax.


XVII AMENDMENT, 1913


Popular Election of Senators.


XVIII AMENDMENT, 1919


Prohibition.


XIX AMENDMENT, 1920


Woman Suffrage.


XX AMENDMENT, 1933


Lame Duck.


XXI AMENDMENT, 1933


Prohibition Repeal.


AMERICAN ANVIL


POLITICAL PHILOSOPHY OF PEOPLE CHANGING, SUPREME COURT REVERSES ITSELF ON NUMEROUS POINTS. SOCIAL AND LABOR ADVANCE.


The Anvil of Public Opinion.

With these outlines in mind, let us get back to the beginning of our Constitution, across the seas in England.