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At the signing of the Treaty of Paris in September of 1783, the American Colonies found themselves without a king. It was an unlikely story: a bunch of ragtag volunteers–aided by the French–beat the world’s strongest army. Legend has it that the British Army band played a tune from the 1640s, entitled, “The World Turned Upside Down,” as the British Army surrendered to General George Washington at Yorktown. Truly, the world had turned upside down.

But now the colonies faced a new challenge: governing themselves. During the Revolutionary War, the colonies set up a loose form of government under the Articles of Confederation, which served to protect the sovereignty and independence of each state. The Articles were weak in a number of areas:

1. While they gave Congress the power to assemble and pay for an Army, it gave no authority for a central government to compel the states to send troops or funding to the army.
2. While Congress was responsible for the foreign policy of all 13 colonies, it was nearly impossible to implement because the Articles of Confederation gave Congress no power to enforce attendance at Congressional proceedings. They had difficulty raising a quorum of delegates to ratify foreign treaties, even the Treaty of Paris.
3. Under the Articles, Congress’s powers of taxation were kept in check. Remember, they had just declared and fought for independence from a central government’s taxation. So the colonies purposefully left taxation and commerce clauses weak under the Articles. With no power to tax or regulate international or interstate trade, Congress was left to the will of the states for funding.

In essence, the Revolutionary War left the colonies independent but in disarray. As John Jay, the eventual 1st Chief Justice of the U.S. Supreme Court stated, “that [under the Articles of Confederation] America had no sooner become independent than she became insolvent.”

To protect her infancy, several of our most notable Founding Fathers, including James Madison, Alexander Hamilton, John Jay and John Adams, called for a convention in Annapolis, Maryland, in 1786 to discuss revisions to the Articles of Confederation. The Annapolis Convention approved a follow-up convention in Philadelphia the next year starting in May with the original purpose of revising the Articles. But as momentum grew, the delegates held closed-door meetings in the sweltering-hot summer of 1787 to create a new Constitution. 

In creating the Constitution, the Founding Fathers set up a framework whereby this new sovereign country would govern itself. The debates lasted from mid-May 1787, through September 17, 1787, when it was signed and sent to the states for ratification.

The Constitution of the United States is divided into four sections, comprising a Preamble and its seven Articles.

1. Articles I-III are known as the Separation of Powers section, whereby the federal government is laid out into three separate and distinct bodies with various authorities.
   1. Article I outlines the duties of a bi-cameral legislative branch. Called the Congress of the United States, the legislative branch is divided into the upper house, known as the Senate, and the lower house, known as the House of Representatives. Article one outlines the length of each term of service of the two houses (6 years for Senators and 2 years for Representatives). It also outlines how they are elected, what their governing responsibilities are and how old they must be to serve in each body.
   2. Article II outlines the duties of the executive branch, led by the President of the United States and other subordinate officers, such as the Vice President, and Secretaries of State, Treasury and War. (These have since been expanded to 15 Secretaries in the President’s Cabinet). Similar to Article I, it outlines how the president is elected (the Electoral College, which I will cover in another blog post), the length of a term and the age requirement for the President. It also states that the President, unlike the members of Congress, must be a person born in the United States. 
   3. Article III provides the framework around the judicial system, with the Supreme Court as the “highest court in the land.” This article talks about the idea of advice and consent, meaning the President provides names of judges in the federal court system, including the Supreme Court Justices, and those individuals are confirmed or denied by the Senate. This branch of government is not elected, but appointed to these positions. Within the Supreme Court, they serve for the duration of their lives, or until they retire.
2. Articles IV-VI outline the concepts of federalism (which we will cover in greater detail in another blog post). 
   1. Article IV describes the states’ responsibilities in relation to the federal government, their relationship with one another, and gives the Federal Government the power to admit new states to the United States.
   2. Article V describes the process whereby the Constitution may be altered. It involves a two-step process to get an Amendment added to the Constitution: 1 – a Proposal for an Amendment may be proposed by a member of Congress, with two-thirds approval in each house of Congress, or it may be proposed by a convention of states called for by at least two-thirds of state legislatures; and 2 – a Ratification of at least three-fourths of the state legislatures. It has only happened 27 times in the nearly 235 year history of the United States, with one of the Amendments striking down another.
   3. Article VI establishes the laws and treaties of the United States made in accordance with the Constitution as the “Supreme Law of the Land,” forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
3. Article VII provides the process for ratification of the Constitution in the 13 states. It states that 9 of the 13 states needed to ratify it for it to become the law. The first state to ratify it, by a vote of 30-0, was Delaware on December 7, 1787. New Hampshire became the ninth state to ratify the Constitution on June 21, 1788, by a vote of 57-47. Its vote ensured the Constitution would be the law of the land. Rhode Island was the last of the 13 original states to ratify it on May 29, 1790, more than a year after George Wahington had taken the oath of office as the first President of the United States.
4. I know this is out of order, but the Preamble is my personal favorite part of the Constitution. It is arguably the most famous part of the Constitution and contains one of the most famous phrases in all of American history: We the people…
   1. The Preamble outlines the purpose of setting up the Constitution and has two purposes. The first is to set up a “more perfect union” rather than the “perpetual union” under the Articles of Confederation. The second is to secure the blessings of liberty not only to themselves, but to their posterity. 
      1. I love the phrase, “a more perfect union,” included in the Preamble. It indicates to me that the Founding Fathers knew there were flaws in not only the current union and society that existed during their time, but also in the document they had just written and debated. But the word “more” indicates they knew it would never be perfect, but would be the ideal worth striving for always. 
   2. Securing the blessings of liberty to ourselves and our posterity includes creating a framework whereby men and women of all races could be free. Again, they were keenly aware of the limitations of their own society. They knew it wasn’t perfect, but in setting up this framework, they hoped their posterity would be able to fix some of their inadequacies through establishing justice, ensuring domestic tranquility, providing for the defense of the country from foreign invasion, promoting the general welfare of the people, thereby securing liberty well into the future. 

In debating through the sweltering heat of the Philadelphia Summer of 1787, our Founding Fathers saw what could be. They had been through the inferno of the Revolution, the crucible of the loosely associated states, and saw the potential of what America could become. They were full of hope, and in reading the Constitution, it is filled with hope. 

The influence of the Constitution can be felt around the world. It was a groundbreaking document focused on the principles of the rule of law, separation of powers, and individual rights. It was one of the earliest to allow for amendment procedures and judicial review, and as most of the world at that time was ruled by a sovereign authority, it was the first to state outright that the government was for, of, and by the people, and has become the benchmark for republicanism around the world.

The Constitution of the United States is the oldest active codified constitution in the world. While the average “life expectancy” of a nation’s constitution is about 19 years, the U.S. Constitution has been an active document for more than 230 years.

In 1620, a group of 102 Pilgrims and 30 crew members boarded a 100-ft ship called Mayflower and sailed from England, by way of Holland, setting out for the New World. After a 10-week voyage, the ship landed at the tip of Cape Cod on the eastern coast of what would become Massachusetts. They landed on November 21, 1620, and named the place Plymouth Colony.  The Pilgrims were separatists, meaning they separated themselves from the Church of England. They believed the Church of England was beyond repair, and so they sought liberty to practice their religion away from the reach of King James and his bishops in the Church in a “new Promised land.” However, they remained loyal to the King of England in their newly established settlement. Before disembarking, 41 male passengers of the ship signed a compact, originally titled, Agreement Between the Settlers of New Plymouth. It has since become known as the Mayflower Compact. It was a short document (less than 200 words) that brought the individual settlers together for a common purpose and established the order by which they would govern themselves. There are four parts to the document: – Pledging loyalty to King James of Great Britain, Ireland and France (this is the same King James who authorized the printing of the Holy Bible in English), – Stating their purpose as to why they left their homeland (advancement of the Christian faith), – Creating a civil Body Politick to further their stated goals, and – Enacting a system of “just and equal Laws” for the good of the colony. It established not the first set of laws for both Mayflower Pilgrims and non-Pilgrims, but a system by which they could enact laws. At the same time, it created the first government based on common consent in the New World, and established the American continent as a land of law and liberty for each colonist. Essentially, the Mayflower Compact was the first experiment with democracy in the New World.  In 1920, speaking at a dinner held by the Mayflower Descendents in Boston, Mass., to mark the 300th Anniversary of the Pilgrim’s landing at Plymouth, Massachusetts Governor Calvin Coolidge stated: The compact which they signed was an event of the greatest importance. It was the foundation of liberty based on law and order, and that tradition has been steadily upheld. They drew up a form of government which has been designated as the first real constitution of modern times. It was democratic, an acknowledgment of liberty under law and order and the giving to each person the right to participate in the government, while they promised to be obedient to the laws. The legacy of the Mayflower Compact is felt in our society today. It was the first time in modern history that a government was set up by the people and for the people. It leveraged the principle of common consent to help the Pilgrims to advance their society systematically, without monarchy or anarchy. As we have seen the spread of democracy throughout the world, this 200-word document is the cornerstone that all democracy has been built upon.

Editor’s Note: I was going to post the next few articles on the Mayflower Compact, the Declaration of Independence, the Constitution of the United States, and the Bill of Rights in the order in which they occurred. However, with today being July 4, 2021, I decided it would be appropriate to post my writing on the Declaration of Independence to commemorate this significant date in the world’s history. I will next publish my post on the Mayflower Compact in the next few days. Happy Independence Day!!

The Seven Years War, or the French and Indian War (as we refer to it in the United States) was a war on multiple continents between the British and French. It started in the New World when young Col. George Washington of the British Virginia Militia led an ambush on the French troops at Jumonville Glen (near modern-day Pittsburg, PA), on May 28, 1754. The war became very pricey for the British Crown.

In an effort to pay for the War, between 1756 and 1773, British Parliament issued a series of taxes on the colonies, including the Stamp Act of 1765, the Townshend Duties of 1766, and the Tea Act of 1773. Although the taxes levied were relatively light, they were met with resistance based on the principle of “no taxation without representation.” Led by historical luminaries such as Samuel Adams (a local Boston Brewer), the Sons of Liberty organized rallies to reject the taxes being levied upon them. But nothing seemed to be working, and the colonists felt like second-class citizens of the King.

In mid-1776, after fighting between the Colonists and the British officially had broken out, each of the British American colonies sent delegates to the Second Continental Congress for the purpose of declaring independence from the British Empire. 

On June 11, 1776, the Continental Congress chose a committee of five men–John Adams of Massachusetts, Roger Sherman of Connecticut, Robert Livingston of New York, Benjamin Franklin of Pennsylvania, and Thomas Jefferson of Virginia–to draft and present to the full Congress a declaration of their independence. This Committee of Five, as it became known, selected Jefferson to pen the original draft. 

Known for his writing style and fluidity with words, Jefferson took the next 17 days to prepare a draft and submitted it to the rest of the select committee. With some revisions, the committee unanimously approved the Declaration before presenting it to the full Congress for its approval. On Wednesday, July 3, 1776, President John Hancock presided over the Congress who unanimously accepted the document then known as “A Declaration by the Representatives of the United States of America, in General Congress assembled.”

In the 1300-word+ letter to King George III, the Declaration itself can be broken out into seven parts:

1. Introduction
2. Preamble
3. Indictment or grievances against the Crown
4. Repeated and ignored warnings
5. Denunciation
6. Conclusion and statement of Independence
7. Signatures

The Introduction to the Declaration states, “When in the course of human events…” it becomes necessary for one nation to dissolve its ties to another nation, the reasons for doing so should be enumerated. Basically, it’s announcing the breakup of the relationship with Great Britain… “Dear John (or George).”

The Preamble gives the reasons for revolution. It contains the most oft-quoted section of the Declaration of Independence. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” Jefferson then goes on to declare that governments are instituted among men to secure these rights. When those rights are endangered, it becomes the obligation of those harmed to get rid of the old form of government and start a new form of government which protects their safety and happiness. 

Also in the Preamble, Jefferson states that government should not be changed lightly, but while “suffering” is bearable, they should endure. “But when a long train of abuses and usurpations” continues beyond what is sufferable, “it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

The next section, the Indictment against the Crown, lists 27 different grievances the King has laid at the feet of the colonies. “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.” Included in this list are:

• Forbidding colonial governments to pass laws the colonies deemed necessary for safety and happiness
• Dissolving legislatures for opposing with “manly firmness” invasions on the rights of the people
• Refusing to let other legislatures be elected after dissolving them
• Requiring judges to uphold the King’s will only
• Quartering (housing) large armies in the colonies
• Cutting off trade with other parts of the world
• Imposing taxes on the colonies without their consent
• Declaring the colonies at war with Britain
• Constraining American sailors taken captive on the seas to fight against their brothers

This list is incomplete, but as you can see, there are a lot of heavy grievances the colonies had to deal with, which propelled them to revolt.

The section about Failed Warnings says, in summary, “We told you we were going to do this, time after time. We didn’t want to originally, because we are brothers who share a common heritage and language. But you failed to heed our warning. So here we are.”

The Denunciation finishes the case for independence and is very short. It states, “We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.” Basically, “Because you have failed to recognize our repeated warnings, we must go to war to fight for our right to self-government.”

Finally, in a closing paragraph unlike any written to that date in history, they declare their independence as representatives of the United Colonies.

We, therefore, the representatives of the United States of America, in General Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states.

They declare their right to wage war, make peace, establish commerce and enact laws commensurate with a free and independent state. Then the closing line of the document, in my view, is the most poetic and terrifying at the same time:

And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Fifty-six men, the signers of the Declaration of Independence, from each of the British American colonies had just performed an act of treason against the British Crown. They knew it, but were willing to pledge themselves to the cause of freedom from tyranny. The most famous of these signatures–because it was the largest–was John Hancock. He was the president of the Congress at that time and was responsible for attesting, or affirming to be true, the document voted on by Congress. In fact, his was the only signature on it for nearly six months as it was printed in broadsides around the country. Later, two future presidents of the United States (John Adams and Thomas Jefferson) would attach their signatures. 

The Declaration of Independence, even at the time, was revolutionary. It was the first of its kind to challenge the Divine Right of Kings, a doctrine that a monarch derives his or her power directly from God. By declaring that “all men are created equal,” the Founding Fathers were stating that no king or queen was better than anyone else. With the “unalienable rights” they claimed, they sought to re-establish equal rights with their peers in England. 

It wasn’t the first to be written, nor was it the first to declare cessation of ties to a king. But it was the first to declare that all men were created equal and had rights given to them from God. It was also the first to declare war on the former sovereign. Before 1776, there were two declarations of independence in the history of the world. Since 1776, there have been approximately 120 declarations of independence made by different countries and different peoples. Some countries have declared independence more than once, and several of the Confederate States individually declared independence from the United States using our Declaration of Independence as the model. 

What Thomas Jefferson and the Committee of Five presented to the Second Continental Congress on that hot July day in Philadelphia changed the world. It gave people the realization that they have the right to a free and independent government set up away from the usurpations of a tyrannical government.