The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
Time has verified the genial doctor's prediction. The career of the new
nation thus formed has hitherto been a rising and not a setting sun. He
had in his sixty years of conspicuously useful citizenship--and perhaps
no nation ever had a more untiring and unselfish servant--done more than
any American to develop the American Commonwealth, but like Moses, he
was destined to see the promised land only from afar, for the new
Government had hardly been inaugurated, before Franklin died, as full of
years as honours. Prophetic as was his vision, he could never have
anticipated the reality of to-day, for this nation, thus deliberately
formed in the light of reason and without blood or passion, is to-day,
by common consent, one of the greatest and, I trust I may add, one of
the noblest republics of all time.
_III. The Political Philosophy of the Constitution_
In my last address I left Doctor Franklin predicting to the discouraged
remnant of the constitutional convention that the nation then formed
would be a "rising sun" in the constellation of the nations. The sun,
however, was destined to rise through a bank of dark and murky clouds,
for the Constitution could not take effect until it was ratified by nine
of the thirteen States; and when it was submitted to the people, who
selected State conventions for the purpose of ratifying or rejecting the
proposed plan of government, a bitter controversy at once ensued between
two political parties, then in process of formation, one called the
Constitution ratified without controversy. In the remaining ten the
struggle was long and arduous, and nearly a year passed before the
requisite nine States gave their assent. Two of the States refused to
become parts of the new nation, even after it began, and three years
passed before the thirteen States were re-united under the Constitution.
It could not have been ratified had there not been an assurance that
there would be immediate amendments to provide a Bill of Rights to
safeguard the individual. Thus came into existence the first ten
amendments to the Constitution, with their perpetual guaranty of the
fundamental rights of religion, freedom of speech and of the Press, the
right of assemblage, the immunity from unreasonable searches and
seizures, the right of trial by jury, and similar guarantees of
fundamental individual rights.
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