Formation of the Union, 1750-1829Hart, Albert Bushnell
History
Formation of the Union, 1750-1829
Hart, Albert Bushnell
United States -- History; United States -- Politics and government
These difficult points out of the way, the convention arranged the details
of the new government. One of the principal minor questions was the method
of presidential election. Many members inclined towards an executive
council; instead, it was agreed that there should be a President elected
by Congress; but almost at the last moment, on September 7, the better
plan of indirect election by the people was adopted. At one time the
convention had agreed that Congress should have the right of veto upon
State laws; it was abandoned, and instead was introduced a clause that the
Constitution should be the supreme law of the land, and powerful courts
were created to construe the law.
[Sidenote: Simplicity of the Constitution.]
In making up the list of the powers of Congress, the convention used brief
but comprehensive terms. Thus all the difficulties arising out of the
unfriendly commercial legislation of States, and their institution, with
foreign treaties, were removed by the simple clause: "The Congress shall
have Power ... to regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes." The great question of
taxation was settled by fourteen words: "The Congress shall have Power ...
To lay and collect Taxes, Duties, Imposts, and Excises."
[Sidenote: Omissions.]
In a few respects the Constitution was deficient. It did not profess to be
all-comprehensive, for the details of the government were to be worked out
in later statutes. There was, however, no provision for future annexations
of territory. No safeguards were provided for the proper appointment and
removal of public officers. The growth of corporations was not foreseen,
and no distinct power was conferred upon Congress either to create or to
regulate them. Above all, the convention was obliged to leave untouched
the questions connected with slavery which later disrupted the Union.
[Sidenote: The work finished.]
On Sept. 17, 1787, the convention finished its work. To the eloquent and
terse phraseology of Gouverneur Morris we owe the nervous English of the
great instrument. As the members were affixing their signatures, Franklin
remarked, pointing to the picture of a sun painted behind the President's
chair: "I have often and often,... in the vicissitudes of my hopes and
fears, looked ... without being able to tell whether it was rising or
setting; but now, at length, I have the happiness to know that it is a
rising and not a setting sun."
65. DIFFICULTIES OF RATIFICATION (1787, 1788).
[Sidenote: Action of Congress.]
[Sidenote: Action of legislatures.]
Public-domain text, read in full here on John Shaqi.
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