James Madison - The United States Constitution - Part 3 of the American Document Series!

Published: July 18, 2020, 5 a.m.

b'

James Madison - The United States Constitution

\\xa0

Hi, I\\u2019m Christy Shriver.

\\xa0

And I\\u2019m Garry Shriver, and this is the how to love lit podcast.\\xa0 We have been steering away from traditional literature for the last three weeks to look at three foundational documents of American history that have been noteworthy not just for their historical importance, but also for their literary value.\\xa0 We started with Patrick Henry\\u2019s speech to the virginia convention with the famous phrase, Give me Liberty or Give me Death.\\xa0 Last week, we analyzed the Declaration of Independence, and this week we are looking at the Constitution of the United States of America- all three of these I\\u2019m sure many have heard of, but maybe have never had the opportunity to explore.

\\xa0

I think that was certainly true for me for most of my life.\\xa0 As you know, I didn\\u2019t grow up in the United States, so although I had heard of these documents, and actually to be honest, I had even seen them on display in Washington DC at the Archives (well not Patrick Henry\\u2019s Speech)- but, honestly, I had never really looked at them or even really understood entirely their rhetorical context, except to say they were what the country was founded on.

\\xa0

I think that\\u2019s pretty common- even for many who have studied in American schools- sometimes these documents are discussed in junior high or elementary school and just never revisited when students are old enough to understand them on a more nuanced level.\\xa0 The American Revolution has also been leveraged really since its happened to promote all sorts of political agendas throughout the years and this has created all kinds of confusion as to authencity of even the most basic facts and circumstances of this era.\\xa0 We must remember, that unlike Antigone or the Odyssey The story of the American Revolution a human story of real people-\\xa0 not mythology- and so has been met deservedly with mixed reviews over the years that have to do with what I hope is \\u201cprogress\\u201d in human values and not just an evolution of human values.\\xa0 America was not an empty space \\u201cdiscovered\\u201d in the way one might \\u201cdiscover\\u201d the moon.\\xa0 17 million people lived here.\\xa0 Also, everyone who came to America did not necessarily want to be here, and of course that story has never been more eloquently told than through the voice of Frederick Douglass.\\xa0 I would encourage anyone who hasn\\u2019t gone back and listened to those podcasts, to check them out.\\xa0 However, the what the American colonists established on this land was unique in many ways and has been utilized by many peoples all over the world as a model- not for what they failed to do- that\\u2019s easy enough to find and is undistinguished from all kinds of population migrations around planet earth over the history of the last thousand year or so- but for the things they did right- and in that way there is genuine uniqueness to the American story- and what they did right- comes down to today\\u2019s episode- the creation of a constitution- what Madison called \\u201can experiment for mankind\\u201d of \\u201cgood government\\u201d a new way of organizing men to live together in a way that would better create honest respect between people and protect the most vulnerable in communities- and these ideas shocked a world that had always been evolutionary- in other words- \\xa0based up upon the concept of the survival of the fittest- on conquest and subjugation.\\xa0 \\xa0\\xa0

\\xa0

When we left off last week, Americans were gloriously soaking up their defiance to the mean and arbitrary King George and telling him off in that famous break-up letter better known as The Declaration of Independence.\\xa0 The writers awkwardly sent it away to Europe to be delivered to the King, but at the same time they were hectically were running around spreading copies and getting everybody all psyched up to stand up to the mean tyrant.

\\xa0

Yes- and that bravado was all great until until guns fired- Jefferson was right, King George was sending over troops by the thousands and not as a gesture of love.\\xa0 They were moving in- literally.\\xa0 I think those of us who have had the blessed fortune to have only known peace in our lifetimes don\\u2019t understand that in warfare when soldiers come, they force themselves on local populations, they move into \\xa0the homes and sleep in their bedrooms, eat their food, and literally take over their communities

\\xa0

- Isn\\u2019t that\\u2019s what\\u2019s called \\u201cquartering troops\\u201d, if you look at the language of the constitution?\\xa0

\\xa0

Exactly- And this was happening, most famously in the Northeastern colonies.\\xa0 Some Americans were loyalists and welcomed the fighters from across the ocean- like most in New York city.\\xa0 Others were resentful and struck back- again most notably in Boston.\\xa0 This isn\\u2019t a history podcast, but bottom line- we had what we today call the revolutionary war.\\xa0 It was long, difficult, bloody and disease-ridden- like all wars.\\xa0 General George Washington famously led the poorly clad and poorly armed troops, but the Americans held their own long enough, the French intervened and finally in 1781 Cornwallis surrendered in Yorktown and the war was over.\\xa0 However, the end of the war is only the beginning.\\xa0 The Americans were getting ready to learn the first rule of country creation.

\\xa0

And what is that?

\\xa0

Well, really, it\\u2019s a law of nature- but what they learned is tearing something apart- even if that is awful and costly- is still a lot easier than building or creating something.\\xa0 And organizing a play where everyone agreed on the common rules, and where there were safeguards so the powerful don\\u2019t exploit everybody is else- is much more difficult most of us today even really understand.

\\xa0

In some since, I\\u2019ve seen that principal at work in my own life.\\xa0 I remember when I started teaching, I knew everything better than those who had been doing it a long time, and wanted to tell them how to do it, but after getting my rear end kicked for a couple of years, I learned there were actual reasons for why people did things certain ways based on how things really worked not just theories in peoples heads- and eventually I learned to shut up and listen\\u2026the idea once we get in the creating game after just being in the criticizing game -we often have to eat crow- there\\u2019s a really English expression for you, btw- it means to eat something you really didn\\u2019t want to eat because it was gross- like a crow- or metaphorically \\u2013 to forced to humiliate yourself..\\xa0

\\xa0

\\xa0That\\u2019s a good way to think of it. \\xa0What the Americans wanted first and foremost was a government that left you alone, so they created this progressive document called the Articles of Confederation that did that.\\xa0 \\xa0We talked about this last week, every colony thought of themselves as an independent country- and they wanted to hang on to that independence. \\xa0They were primarily worried about two things: a monarchy developing and a aristocracy developing (aristocracy being this ruling class of rich people).\\xa0 According to their design each colony elected their own president (Christy, you\\u2019ll be interested to know that New Jersey let women vote), although most states made you have property to be a voter.\\xa0 The Articles of Confederation was basically something like the UN today- resolutions were discussed and passed, but did not have any real power to enforce anything- each colony contributed to the finances of the confederacy on a volunteer-like level (you know how that goes).\\xa0 Every state would send a delegate, and they would discuss common problems, but this group didn\\u2019t have any real power.\\xa0 Theoretically Congress as explained in the Articles of Confederation could coin money, make treaties with other countries, and maintain an army.\\xa0 However, it could not tax or regulate commerce- it was basically a nothing. Continental money was worthless and nobody wanted it.\\xa0 Everyone was basically relying on the currency of other countries to trade.\\xa0 After a few years of getting their rears kicked by independent rule- really even before the end of the war, more and more Americans were ready to beg England to take them back.\\xa0 You have to imagine how bad things were getting considering we had just finished a war that had been bloody and difficult.\\xa0 It became obvious that self-rule is not easy- and this libertarian plan of everyone just contributing selflessly wasn\\u2019t going to work.\\xa0 The colonies were a mess and unless something happened, the entire country was headed toward anarchy and implosion.

\\xa0

I was reading about this and it seems everyone saw the problems, but no one really knew what to do about it.\\xa0 A friend of George Washington said in one letter I read, \\u201cThe prejudices, jealousies, and turbulence of the people at times almost stagger my confidence in our political establishments, and almost occasion me to think that they will show themselves unworthy of the noble prize for which we contended.\\u201d \\xa0Basically meaning, we are too stupid to deserve the prize of independence and self-rule.

\\xa0

True, Washington himself said, \\u201cWhat a triumph for our enemies to verify their predictions!\\xa0 What a triumph for the advocates of despotism to find that we are incapable of governing ourselves.\\u201d

\\xa0

So, to the credit of the leaders trying to take charge, \\xa0the states realized they had to agree on some common ground for survival, they had to take into account the real nature of human beings, not some idealized version of what we wish we were like, \\xa0and they needed to start having conventions to figure out how to fix this mess.\\xa0 How do you create a system that is fair, but respectful?- no one had done it.\\xa0 Nothing is ever fair- the world is by nature competitive there\\u2019s some laws of nature for you!

\\xa0

And so enters James Madison- who honestly, no one would ever peg to be the genius to figure it out.\\xa0 He was a sickly kind of guy.\\xa0 He wasn\\u2019t charismatic at all.\\xa0 \\xa0He was younger than Jefferson and Washington, but he was, like those two, a Virginian.\\xa0 You\\u2019ll see that a lot of early American history centers around this state which in some ways is surprising.\\xa0 But Madison was a nerdy rich kid, so to speak- he had a very privileged background, to use modern language- not the kind of guy to want to protect the little guy- there\\u2019s a pun!!!\\xa0

\\xa0

I\\u2019ve always liked that He was a small man, five feet 4 or something I think,- go small people!\\xa0 I know this is tangental, but \\xa0I want to bring up this another thing I like about James Madison has to do with his presidency- \\xa0which I know doesn\\u2019t really fit into the context of what we\\u2019re talking about- but I want to make it fit- Dolly Madison, his wife- was an unusual woman and a\\xa0 power-broker as a first lady.\\xa0 It seems she had one of the biggest and most outgoing personalities in American history.\\xa0 Her specialty was apparently throwing amazing parties- but they weren\\u2019t just arbitrary- they were strategic.\\xa0 She used the power of personal personality and really femininity to be a real influencer in her day- she seems to truly have influenced the presidency and American policy at large.\\xa0

\\xa0

True, Dolly was definitely one of a kind, and the Madison\\u2019s were definitely what today we might call a power couple. But of course \\xa0her best move came during the war of 1812, when the British burned down the White House, she risked her life to save the art in the White House- including the portrait of George Washington that we have a replica of in our study.\\xa0

\\xa0

I\\u2019ll put that picture on the Instagram page- Dolly the painting savior!

\\xa0

So, back to james..and getting us to that constitutional convention- he was raised on a Virginia plantation, Montpelier and his family was just like all the other Virginian planters.\\xa0 They had slaves- and although Madison seemed relative kind- if you can even use that word in regard to slavery \\xa0(he didn\\u2019t split families and even paid some of them enough money to purchase their own freedom later on in life), he was very much a part of this system he was born into- and I know that\\u2019s something that people want to know about these early American leaders. He lived a gentleman\\u2019s life.\\xa0 He went to the university \\xa0of his choice, Princeton, and was really typical of an 18th century Virginian gentleman farmer.\\xa0 What was a bit unusual and perhaps providencial about Madison is that he was extremely interested in classical history, government, political theory even before the revolution and basically came along at just the right time to be interested in the things that were absolutely needed at that unique moment in history.

\\xa0

\\xa0James Madison was particularly bookish- maybe like no one else, except maybe Jefferson.\\xa0 He intensely studied political works like the Law of Nature and of nations, and all those many European authors from the enlightment and before \\u2013 he was interested in the ancients like Plato and Plutarch, who speculated on all this stuff, but never had an opportunity to implement- not like this.\\xa0

\\xa0

When James Madison walked into the Continental Congress he had a real informed central vision as to what was wrong with the Articles of Confederation and what needed to be done to create a workable set of rules for people to live by.\\xa0 Madison believed that a confederacy could not hold together without a strong federal center.\\xa0 He didn\\u2019t just make that claim based on his observations of the Ameican experience.\\xa0 He had studied ALL the confederacies he could find in the anciety world, and he said they all had that same problem.\\xa0 Confederacies don\\u2019t work because the centralized power is too weak and can\\u2019t hold the confederacy together.\\xa0 That seems obvious from our perspective, but people were resistant to this idea.\\xa0 No one wanted another King George and they didn\\u2019t want to voluntaryily enslave themselves again.\\xa0 That was the driving fear and He said, that was our problem.\\xa0

\\xa0

From today\\u2019s perspective, that seems obvious.

\\xa0

Maybe it does, but you have to remember- these were independent places, and they did not have agreement on moral issues.\\xa0 Some of them had slaves, like Madison himself, others didn\\u2019t and were vehemently opposed- like his wife\\u2019s Dolley\\u2019s Quaker family.\\xa0 Some of them had religious freedom; others forced specific religions on their citizens.\\xa0 These are big deal issues; and I just threw out two issues.\\xa0 There were more.\\xa0\\xa0

\\xa0

\\xa0I did find interesting that \\xa0although Madison was clearly a man of the times in regard to slavery, \\xa0he did talk a lot about religion that today we would see as more progressive.\\xa0 It seems that in Virginia at that time,\\xa0 All the best people were Anglicans, and state taxes funded the Anglican churches- and it was sort of a rigged system.\\xa0 The priests basically had to bow to the powerful rich farmers of the area and tell everyone to do what was in the best interest of the money people.\\xa0 I read a couple of stories where Madison, even as a child, \\xa0saw some mean things targeting \\xa0\\u201cthe Baptists\\u201d and I know ,today, in the US at least, \\xa0that group seems mainsteam, that wasn\\u2019t true then and \\xa0they were literally persecuted- houses burned, that sort of thing, and he remembered some of that.\\xa0 \\xa0

\\xa0

Madison himself, by the way, was a probably a deist, and although had a firm belief in God did not believe in forcing certain doctrines, beliefs or practices on others.\\xa0 What he saw happening in Virginia, even though he was a member of the Anglican church and a farmer with money, he didn\\u2019t think what they were doing was right.\\xa0 He said famously, \\u201creligion must be left to the conviction and conscience of every man.\\xa0 He believed and openly said government support for any religion led to \\u201csuperstition, bigotry and persecution.\\u201d\\xa0 Madison believed that the role of government was \\u201cprotecting every citizen in the enjoyment of his religion with the same equal hand which protects his person and his property, by neither invading the equal rights of any sect, nor suffering any sect to invade those of another.\\u201d

\\xa0

So, he said this all at the congress?

\\xa0

No- this is all stuff he\\u2019s writing about before hand- but these are the ideas you will see are present all over the constitution. \\xa0\\xa0So, to get back to the narrative, In 1787, in Philadelphia the states come together to figure out how to live together.\\xa0 Madison had written many essays on how to create government before this- and was ready to go.\\xa0 When he got there, even though he was only 36 years old, he was the dominating spirit of the convention.

\\xa0

Goes to show you the importance of preparation.

\\xa0

For sure, and there were problems to be anticipated\\u2026deep suspicions of each state trying to create a system that would give them an advantage moving forward or more influence.\\xa0 These suspicions were well-founded and difficult. \\xa0This is the deal, so every state is not the same.\\xa0 There are small states with a small populations; there are large states with large populations- all the small states wanted each state to be treated as an equal- the large states were against that saying we\\u2019re bigger- we are not like you.\\xa0 The small ones would fire back, but we want our own say.\\xa0 We are own people; we have our own way of life, and just because you have more people than us doesn\\u2019t me you get to tell us how to love.\\xa0 Madison was from a very large and rich state, but also understood, acknowledged and accepted this other way of looking at things,.\\xa0 This is an aside, but it\\u2019s not unlike the argument Americans have every four years about the electoral college.\\xa0 The big states want it to be one person one vote, and this sounds very logical from their perspective- but then the little states, like Tennesssee, say, no- that\\u2019s not the deal we made in 1776- we get a say and you don\\u2019t get to run over us just because you have more people- we\\u2019re the United STATES- and each STATE gets to have a voice as a state defending our local culture.\\xa0 It\\u2019s also the very exact same argument you see today in Europe as Europeans wrestle with making the EU work.\\xa0 How do you live in a place where the big guys, in Europe\\u2019s case like Germany and France, not run over the little guys like Greece or Portugal.\\xa0\\xa0 There\\u2019s no easy answer, and this debate was central \\xa0in coming up with what today we accept as just standard government- the concept of separation of powers, three branches of government, with the legislative branch having two houses- one established based on population, in the other each state gets the same voice.\\xa0 By doing this the founders managed the creation of a central government with enough authority to provide national solutions to real problems.\\xa0 The only real problem was the slave issue, which they decided to kick down the road for later generations to solve.\\xa0 They really mistakenly thought it was going to die out naturally.\\xa0

\\xa0

Of course, that was a definite point of contention that we know from history ended poorly.\\xa0 But another thing I find amazing, is that after they thought this up, they had to actually implement it and sell it- really not knowing for sure if it was going to work.

\\xa0

So what they came up with was a pretty straightforward document.\\xa0 The Constitution is divided into seven articles.\\xa0 Each article is further divided into sections that explains each of the three branches we talked about and how to make changes to the constitution itself should the need ever arise- Madison wanted the document to be flexible to account for things that would need to change over the years.\\xa0 But he also wanted it to be clear, that this is the supreme law of the land- it supercedes state laws.\\xa0

  • Article I deals with the legislative branch of government
  • Article II\\xa0 the executive branch of government
  • Article III establishes the Supreme Court as the highest judicial power in the United States
  • Article IV defines the relationship between the states
  • Article V describes the procedure for amending the Constitution
  • Article VI declares itself, the Constitution, as "the supreme Law of the Land"
  • Article VII ratifies the Constitution

\\xa0

\\xa0

Madison also believed and stated publicly that this was the first constitution that had ever been written that was based on science, what he meant was, he didn\\u2019t just dream it up, he used data from confederacies and republics in the past to really create a plan that could work.\\xa0 \\xa0By the end of the convention, the delegates really truly had to have faith it was GOiNG to work- it HAD to work.\\xa0 They were out of options.

\\xa0

\\xa0Yes, and now the business of selling this new plan, especially after they had blown it so badly on the first plan.\\xa0 Just believing you have a good idea, from a rhetorical standpoint, is not enough.\\xa0 You have to sell this this giant crazy scheme- as being awesome- this new unheard of kind of government with all these different \\u201cbranches\\u201d and \\u201cchecks and balances\\u201d which are probably terms that seemed weird- how do you sell it to people who\\u2019ve been burned on your last plan. \\xa0

\\xa0

Believe me, they clearly understood, this was not going to be easy. Never mind that this new government was going to have the power to tax people.\\xa0 If you remember, they haven\\u2019t really liked taxes.\\xa0

\\xa0

And that\\u2019s where James Madison the writer really makes his mark- enter the Federalist papers. \\xa0\\xa0In a lot of American Lit textbooks they\\u2019ll have excerpts of these documents, and I thought about analyzing them on the podcast, but really most students get bored reading them in their entirely- and I was afraid I\\u2019d kill the podcast.- but the Federalist Essays are basically a series of essays, composed mostly by Madison, but also by Alexander Hamilton and John Jay, designed to convince people that this new plan was fool proof.\\xa0 They needed to show this was the best idea ever devised on planet earth to create a world that wouldn\\u2019t let powerful manipulate the system and become despotic- like we saw the Russians Czars had been or what happened in France.\\xa0 Most scholars that I read have basically agreed that the Federalist papers are the single most important contribution the Americans have ever made to the canon of world political theory.\\xa0 They are articulate, organized, well-argued defenses of this strange new- non-totalitarian form of self-rule built basically on the idea that no one should ever trust anyone because we are all at least in part= a little bit evil- and we have to have an eye on each other at all times.\\xa0 Another thing I like about the Federalist papers- is that Madison called himself Publius- which is fun if you\\u2019re a Julius Caesar fan, which I am.\\xa0 Anyway- that\\u2019s an aside.\\xa0

\\xa0

Well, you simplified a lot there- but back to what you were saying- yes- Madison saw as the biggest problem in government that different interest groups would try to take control and rig the system for themselves and the main problem of a government is to prevent any group or person from getting too strong.\\xa0 He, or Publius, famously said in Federalist #10, \\u2018if men were angels, no government would be necessary.\\u201d\\xa0 In federalist 48 he said that not only were businesses and commercial entities to be kept in check, but also the government itself.\\xa0 Everyone must be accountable to everyone else all the time in order to halt what he called, \\u201cthe encroaching spirit of power.\\u201d\\xa0\\xa0\\xa0 So, that\\u2019s what the constitution was designed to do.\\xa0 The men at the constitutional convention debated for four months on how to do this.\\xa0 It was grueling, but they finally ratified this document that most Americans just take for granted and rarely think about.\\xa0 Three men dissented.\\xa0 But that wasn\\u2019t the end of the process.\\xa0 After the congress agreed to this, all the separate delegates had to go back to the states and 9 out of the 13 states had to ratify it- in other words, they had to agree to go by it.\\xa0 And this was a problem, not even Virginia was willing to sign off on it.\\xa0 They didn\\u2019t trust it.\\xa0\\xa0 James Madison himself, actually had one big problem with it, and the problem was that the constitution did not have a bill of rights.

\\xa0

And what exactly is a bill of rights?

\\xa0

It\\u2019s a list of protected liberties that are always guaranteed, even if the government wants to make a law against them for any reason.\\xa0 This was not a thing the Americans invented. The English had already created this concept with the Magna Carta and the English Bill of Rights, and some states had already had their own, including Virginia and Massachusetts.\\xa0 But it was a legitimate concern that James Madison shared.

\\xa0

And so he wrote the first ten amendments to the constitution which today we call the Bill of Rights.\\xa0

\\xa0

Yes, and a year later, these were debated and adopted into the constitution specifically on Decenber 15, 1791.\\xa0 So, I realize that was a lot of background information, but you wanted rhetorical context.\\xa0 Are we ready to read this thing.\\xa0 Are we going to read the whole thing?

\\xa0

No, that would be way too boring.\\xa0 And thank you for the explanation of rhetorical situation.\\xa0 We are going to look at the entirely of the preamble thought, specifically at the claims and arguments inherent in the beginning.\\xa0

\\xa0

Like you mentioned, the whole thing is extremely straightforward- the paperwork I signed to get my cellphone was twice as complex as this document.\\xa0 I really do think there is genius in that- everyone can understand the words even if we want to argue about exactly what is meant by each article of the constitution.\\xa0 \\xa0\\xa0It\\u2019s starts with\\xa0 the preamble which is less than 60 words, then the 7 articles \\xa0you mentioned which are subtitled and easy follow and then the Bill of Rights which are enumerated and also easy to follow.\\xa0 So, let\\u2019s start by reading the preamble- it in itself is pretty famous.

\\xa0

Absolutely, but the word preamble- it\\u2019s kind of a word no one uses any more.

\\xa0

Yeah- it\\u2019s a fancy word that means introduction-

\\xa0

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common justice, 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.

\\xa0

Well, clearly this is the most famous part of the whole thing.\\xa0 The Line \\u201cWe the People\\u201d has meant so much over the years to so many.\\xa0 But just in terms of language, again, we have one long periodic sentence with a lot of details climaxing at the end of the sentence.\\xa0

\\xa0

\\u2018We the People\\u201d historically has been a very very central phrase in understanding American core values.\\xa0 We- the people- it\\u2019s not a union of states- we are looking out for people- all people-

\\xa0

and so we have this hierarchial arrangement of values implied in this sentence

\\xa0

\\xa0

\\xa0Yes- this definition has expanded over the years- and gives voice to all kinds of groups that are disenfranchised because their voice is smaller- \\u201cWe The People\\u201d- who does this include?\\xa0 We are the American people- a group of people that have no common culture, no common DNA, no common religion, no common anything- we are not a single people group.\\xa0 This was different then, and it\\u2019s more so today- the constitution has informed who \\u201cWe the people\\u201d are- what we have in common are common responsibilities towards each other- something different than what had traditional been foundations of tribes- we weren\\u2019t ever a tribe with shared ancestry and beliefs- things that have traditionally held people together- and that\\u2019s what the rest of this sentence has given voice to- it lists the accepted responsibilities towards each other that would inform this people- the responsibilities would be at the heart of our agreement to live together- these are important words: establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, secure the blessings of liberty. \\xa0Joseph Story in his\\xa0Commentaries explained the role of the preamble this way.\\xa0 He said it serves, \\u201cto expound the nature and extent and application of the powers actually conferred by the Constitution.\\u201d

\\xa0

Good grief, these claims are very large- a lot to promise- insure domestic tranquilty, establish justice, promote the general welfare, secure liberty..

\\xa0

For sure, and no paper can guarantee that, but it was the responsibilities- the virtue of these responsibilities that were laid out or spoken. \\xa0If you think about it, it\\u2019s a complex way of looking at the world- we are all going to give up some of our power, some of the freedom we could take for ourselves, to do certain things for ALL people.\\xa0 It\\u2019s an agreement- a contract.

\\xa0

So, writing-wise, it is kind of simple.\\xa0 First is the preamble, which we just saw, then there\\u2019s the articles.\\xa0

\\xa0

There have been twenty-seven amendments to the Constitution but we\\u2019re not going to get into those today, although we\\u2019ve talked about them in the podcasts about Frederick Douglass and Elizabeth Cady Stanton= but for now it\\u2019s just it\\u2019s The first ten amendments are\\xa0 What we call-, the Bill of Rights.\\xa0 These are designed to guarantee fundamental rights of individuals, including freedom of religion, speech, press, assembly, speedy jury trial in criminal cases, right to bear arms, protection against excessive bail, and cruel and unusual punishment.

In some ways, it\\u2019s kind of interesting that it\\u2019s kind of short, really. It has less than 7,000 words.

True- but most constitutional scholars would argue that it\\u2019s the brevity that is its strength- it\\u2019s a flexible document, and over the years, it has certainly evolved, been refined, some would say even redefined.\\xa0 But- for effect, just so everyone who\\u2019s unfamiliar with it can kind of get the feel for how it\\u2019s written, Christy, ready for us the first article.

Okay- well, here goes, here\\u2019s Article 1, section 1 of the Constitution of the United State.

\\u201cAll legislative Powers herein granted shall be vested in a Congress of the United State, which shall consist of a senate and a House of Representatives.

\\xa0

Section 2.

\\xa0

The house of Representatives shall be compsed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifictions requisite for electors of the most numerous branch of the state legislsture.\\xa0 No person shll\\xa0 be a representative who shall not have attained to the age of 25 years, and been seven years a citizen of the United States, and who shall not, when elected, ben an inhabitant of that State in which he shall be chosen\\u2026.keep reading til end of section 2

\\xa0

So, you kind of get the idea.\\xa0 It\\u2019s very easy to understand. Hats off to Madison.\\xa0 You have to be 25.\\xa0 Elections to the House of Representatives will be every two years.\\xa0 It\\u2019s just easy to understand.\\xa0 The Bill of Rights are equally very clear- as you pointed out- much more clear than the average cellphone contract, the contract to buy your car, and much much simpler than buying a house.\\xa0 Give it a read..

\\xa0

Amendment I- Congress shall make no law respecting an establishment of\\xa0religion, or prohibiting the free exercise thereof; or abridging the\\xa0freedom of speech, or\\xa0of the press; or the right of the people peaceably\\xa0to assemble, and to petition the government\\xa0for a redress of grievances.

Amendment II- A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

\\xa0

We can read as many of these as we want.

At the convention, the house actually passed 12 of these amendements, but the states only ratified 10 of them.\\xa0 If you remember, how to change the constitution is article 5 of the constitution.

Ugh- well, we\\u2019re starting to get into legalese, and that\\u2019s rough.\\xa0 But hopefully, we got the jist of it.

I know it can be a little dry, and definitely not poetic.\\xa0 But, it\\u2019s important. I know everyone expects a history teacher to feel this way, but it\\u2019s incredibly important to put some thought in this sort of thing. Supreme Court Justice Sandra Day O\\u2019Connor said in 2008, \\u201cThe strength of these rights and freedoms depends on how firmly they stand in the hearts of our citizens.\\u201d \\xa0She\\u2019s basically echoing the concept voiced over 200 years before her in this contractual document.\\xa0 This is a contract between people- different people- all kinds of people- and on it rests our ability to live together- our vision of freedom basically depends on how willing we understand and personally agree to the responsibilities set forth in this original document. \\xa0\\xa0

No small and easy thing to do.

Not at all.\\xa0

So, hats off to Madison and the rest for giving it a go.

I think so- so thanks for listening to our discussion today of the constitution of the United States.\\xa0 That concludes our unit on American documents.\\xa0 Next week for our poetry supplement we\\u2019re going to be back at some traditional literature with the poetry of Phyliss Wheatly- the great American poet who introduced the term Columbia to most of us.\\xa0 Such a remarkable woman and legacy, so we can look forward to that.\\xa0 Don\\u2019t forget, if you like our podcasts, please support us by giving us a five start rating on your podcast player and even more than that- send an episode to a friend.\\xa0 When you share, we grow.

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0

\\xa0



Hosted on Acast. See acast.com/privacy for more information.

'