We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the General Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.
~Preamble of the US Constitution
There is a growing crisis. A fierce outbreak of rabidly partisan politics has broken out. There is widespread discontent and distrust of government. Elected representatives are seen as corrupt and elitist. The year is 1787. It has only been three years since the end of the Revolutionary War. Debts from the war remain unpaid and 1786 saw incidences of mob rebellion as struggling farmers fought against crushing debts and taxes.
The first American constitution, the Articles of Confederation and Perpetual Union, was created during the Revolutionary War. It was a confederacy or “League of Friendship” among the 13 colonies. Each state retained its sovereignty, freedom, and independence. It consisted of a single congress at which each state had a single, equal vote. Most matters required a super-majority of nine votes. There was no judiciary and no executive. There was no authority to tax. Also missing was any universal currency. Each state printed its own money and when it ran out, some states printed more, causing inflation and a lack of credit.
British soldiers remained on American soil. Under the treaty that ended the war, they were supposed to be removed. But under the treaty, reparations were supposed to be paid to British loyalists who had their property seized. There was no money to pay the reparations, so Britain kept some soldiers in place till they were paid. At sea, American ships were at the mercy of pirates and abduction of sailors by the British navy. There was no standing army or navy and the government had to rely on inadequate state militias.
By the year 1787, the existing government was increasingly seen as weak and inadequate. It was resolved that a “Convention” be held in Philadelphia during the summer to “propose changes and amendments” to the Articles of Confederation.
During the long hot summer, delegates from the states met in secrecy, which allowed for a freer exchange of views and ideas. This secrecy and leaks from some delegates fostered suspicion among the populace and members of the existing state and federal governments.
When the convention concluded, it proposed a new unprecedented constitution.
There was a common reaction to this proposed new form of government— Horror! The rumors were right. Instead of abiding by its assigned task, to propose changes and amendments to the existing government, it came forth with a radical proposal. Not only that, this new constitution was not to be referred back to the existing federal or state legislatures for ratification or discussion. The convention decided to go over the heads of the existing federal government and over the heads of the state legislatures. This new form of government would be presented to special conventions in each state made up of delegates elected directly by the people. The US constitution’s opening words are profound; this is truly a government of “We, the People.”
George Harrelson is a graduate of the University of Minnesota and William Mitchell Law School. He is a former public defender, county attorney, and was a Judge of District Court for 25 years in the Fifth Judicial District (Southwestern Minnesota). He continued to serve as a senior judge for a further 7 years, fully retiring in 2015. He now resides near Hovland.
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