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It
is a republic...if we can keep it.
Benjamin Franklin |
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Repeal the Seventeenth
Amendment
About the First Constitutional Convention
and the " Great Compromise"
Q: Can changes be made to the U.S.
Constitution?
A. Yes. Article V addresses the issue of procedures for amending the
Constitution.
Q: Who "ratified" our Constitution? ...NOT
THE VOTERS in each of the 13 states.
A. The Constitution was ratified by the legislatures
of each state, which was an
assent and ratification process.
Q. What form of national government was
devised at the first
Constitutional Convention?
A. a Republic called "The United States of America".
Q: Is the United States Constitution a
federal or national document? ( Was it
written as a federal act or a national choice?)
A. Because each separate state voted for its ratification, the
Constitution was
written as a national act, with each state retaining sovereign
legal rights.
Q. What earlier constitution did it replace?
A. Our present Constitution replaced "The Articles of Confederation",
which operated with a weak central government.
Q How did the new Constitution solve the
problems of the weak
national government, state sovereignty, and personal
liberties?
A. Using James Madison's Virginia Plan, it was a "written" legal
document establishing a strong central with limited
powers,
separate branches or compartments, and provided for
rights of
the minority.
Q. Where is the first constitutional
convention meet?
A. In Independence Hall, Philadelphia, PA.
Q. Was every state represented at the
convention?
A. No. Rhode Island refused to send any delegates, because
a strong national government would injure its trade and
commerce.
Q. What prominent national/patriotic personalities did
not attend
the convention?
A. Patrick Henry of Virginia and Samuel Adams of Massachusetts
refused to attend. Each leader opposed a strong
centralized
government. John Jay, John Adams and Thomas Jefferson
were
in Europe, serving as American ambassadors.
Q. Was the first constitutional convention an
open forum where
the public and news reports could attend?
A. It was a closed meeting, where delegates could attend by
invitation only. The entire process was conducted
behind closed
doors with delegates sworn to secrecy.
Q. What national framework and existing structure was
used in its
construction?
A. Every delegate deemed the Articles of Confederation as
unworkable, but that document served as a back drop as
the
new Constitution evolved. Next, a set of resolutions
called "The
Virginia Plan" were adopted. Then, smaller states added
" The
New Jersey Plan".
Q. What was the importance of the Great
Compromise
A. The Great Comprise is the heart and soul of Repeal Amendment
Seventeen. During the convention, small states lost
control to
larger states. The Great Compromise restored
power to
smaller states by the method of appointing U.S.
senators.
It was a solution whereby small states would have
equal voting
power as larger states in the senate: 2 senators
from each state;
each senator owning one vote.( Article I, Section
3. The senate of
the United States shall be composed of two
senators from each
state, chosen by the legislature thereof, for six
years,,,)
Both George
Washington and Benjamin Franklin endorsed
and lobbed for the Great Compromise.
Q. What important, restrictive institutional
provisions were established
by the Founding Fathers?
A. First, the new Constitution extended the republic into national
status. Second, it separated government functions into
distinct powers. Third, it recognized state sovereignty
in the
federal system.
Q. Of the many who attended, how many
delegates signed the final,
official document?
A. Thirty-nine delegate, representing twelve states, signed the
Constitution. Benjamin Franklin at 81 was the oldest
member,
and he needed assistance walking to the table. Upon on
signing,
George Washington remarked it was "little short of a
miracle".
Q. What was the pressing need for adding the
Bill of Rights?
A. To insure ratification by the several state legislatures and calm
the Anti-federalists, the first ten amendments
were added. The Bill
of Rights placed firm restrictions and
constraints on the new
federal government.
Q. When was the Constitution ratified?
A. Ratification was approved when New Hampshire became the
ninth state to ratify on June 21, 1778. The last state
to formally approve
was Rhode Island on May 29, 1790.
Q: When was the Fourteenth Amendment formally
ratified?
A. The Fourteenth Amendment was never formally proposed an
Amendment
to the Constitution. It did not go through the
rigorous constitutional
amending process by both Congress and the
individual states.
Q. How do amendments to the Constitution
solve legal issues?
A. Our founding fathers recognized American society is fluid.
Their original work was a framework, which was meant to
be
changed. Each legal issue falls back to the peoples
right to
govern For example:
The 11th amendment clarified
judicial power concerning issues
of suites against states, and the 12th amendment
established a
viable method for electing president and
vice-president. Following
the Civil war, the 13th, 14th and 15th amendments were
adopted,
abolishing slavery, gave citizenship to naturalized and
native born
persons as well as guaranteeing due process, and the
right to vote
for all citizens. Later, the 16th amendment gave
congress the right
to level a direct tax on citizens, businesses, and
whatever else
derived. Then, the 17th amendment took away state
control by
direct election by popular vote for senators. The 18th
amendment
prohibited manufacture, sale or transportation of
liquors, but it was
repealed by the 21st. The 19th amendment defined and
extended
to women the right to vote. The 27th amendment , and
last one
added, grants
the U.S. Congress the right to vote pay raises
for themselves.
Etc. Etc, Etc.
Q: Was establishing the national banking
system under the Treasury
Department Constitutional?
A. Alexander Hamilton argued that it was legal.
Thomas Jefferson argued that it was not.
Q: Which Chief Justice of the United States
Supreme Court most often wrote"
his rulings that favored to the federal power and
against state sovereignty?
A. Chief Justice John Marshal, the fourth Chief
Justice.
Sources:
The Politically Incorrect Guide to
the Constitution
Kevin R. C. Gutzman
Regnery Publishing, Inc.
Washington, D.C. 2007
Founding Fathers Almanac
edited by Matthew Spalding
Heritage Press
Washinton, D.C. 2002
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