Constitution Thursday

Breaking both the timeline and the 4th Wall, the debate of religion and government in the United States has taken on a new and particularly partisan tone in recent days, as the Nation tries to decide what to do about the Syrian Refugee problem. Oddly enough, the debate has taken on religious tone, as some say that "as Christians" we must accept the refugees, while others say that we must not. Scripture is quoted to both support and defy the idea of bringing in the refugees. But as Dave so often says, people do not change. The do the same things for the same reasons usually with the same results, throughout history. Indeed, as we have already seen, they even have the same arguments. As the debate over debate the ratification of the Constitution continued, one of the ideals bubbled to the surface - religion, and the lack thereof in the proposed Constitution, came to the front and center. But you might be surprised as to who was on which side of things, and why. And how it shows that all these centuries later,

John DeWitt issues his second letter, in which he begins to get to the details of issues over which he is concerned about the proposed Constitution. Later, Hamilton, writing as Publius, will answer the objection to the lack of the Bill of Rights in Federalist #84. But both arguments should remind us of one important historical fact: that the Bill of Rights was, in essence, given to us by people who objected to the general functions of the proposed Constitution. Even today, on a College Campus in Columbia, MO, we see what is, in effect, the exact same argument from all those years ago. Should there be a central basically unrestrained government with the power to command the citizenry, or should that strong central government have limits placed upon it to protect precious rights which are necessary for liberty? The answer to us today seems clear. We venerate and honor our Bill of Rights. But the argument isn't always so clear cut, and the issue not always... black and white... Extra Reading: Hamilton's "The

As he closes the 2nd Federalist Paper, Publius appeals to the words of the poet to remind Americans that all of our greatness, all that we have achieved and could yet be, will be erased if we reject Union. The arguments take on a more philosophical tone, between classic republicanism and what each side believes is the best definition of that term, and what is the best way to achieve the singular goal of Union to protect individual rights, liberties and the survival of the Nation? In the study of the Constitution, we begin to realize that our long held beliefs about what the Framers thought best, might not match up with what they themselves told us they believed. It should not change or passion, or even necessarily our positions. But it should remind us that Union is still the only way to achieve what we can be as a Nation. That we must join, or die.

By the end of October, 1787, the two side in the debate had been clearly delineated. There were those who were opposed to the Constitution, and there were those who favored it. Those opposed, the Anti-Federalists, as they would become known, had been first to publish their ideas with the first two DeWitt letters. But even as the second hit the papers, the first pro constitution article appeared. It was addressed to the People of the State of New York, and signed by the penname Publius, one of four men who overthrew the monarchy and established the Roman Republic in 509 b.c.e. Over the coming months, many more pro constitution, or "Federalist Papers" would be written. Their purpose was clear - to convince the people of the State of New York, and by extension, the entire country, to favor ratification of the Constitution.

Three weeks after the convention ends, the first of the many letters debating the proposed Constitution appears in published newspapers. The discussion will revolve around whether the Nation should remain as it is, a confederation of thirteen sovereign republics, or if it should move to a single central government. Already dividing lines are being drawn between those who favor the new Constitution and those who fear that it goes too far and takes too much away from the individual States. By this point, virtually every newspaper in the country has printed a copy of the proposed Constitution, allowing every citizens to read it or at least hear it, and to discuss it among themselves. This is the moment when every man will have to decide for himself under what impressions he will act. For this first, and perhaps only time in all of history, the People are asked to decide their form of government, not just who will be the leaders. And the debates, are just beginning.

The Convention is over, and the delegates disperse home. George Washington can hardly wait to get out of town and on his way back to Mt. Vernon. He is so anxious to leave, that it almost costs him his life. The issue is now before the States to decide. Ratification and Union or reject the proposed Constitution and try to go it alone or in small groups. As the process begins, the Congress of the United States takes up the debate first. Should they approve of the draft Constitution? Or has it gone too far? Two opposing ideologies will coalesce around the debate. One Conservative and liberty minded. The other, radical and focused on a much different - and much bigger - goal. Can only one succeed and push the other into the pages of history? Or is there yet still room for compromise?

Over the course of the convention, Gouvernor Morris has lost every single debate, discussion, argument and point. It would be hard to find any single man who had less successful direct influence on the direction of the debates. Everything that he wanted or stood for in the new government had been defeated. Now, as the work draws to its close, the convention turns to the one man in whom they have utmost confidence to stitch together the final document. And that man, is Gouvernor Morris. When all is said and done, it is Ben Franklin who rises to the moment. His words of self-sacrifice and putting the nation ahead of oneself ring in our hearts even today. And most of all, lets us astonish our enemies.

As the convention reaches the end of the first week of September, it seems, at least on the surface of things, that all their work is about to come undone. Luther Martin is convinced that the only way the American people will agree to this Constitution is to be hurried into it by surprise. Edmund Randolph of Virginia declares that yet another full convention be held - AFTER the states are given the opportunity to make amendments to the draft. It seems like there is a movement to undo all that has been done. What is left to hold the Convention together? Two men. Perhaps the only two men in all of American history to whom every citizen will listen...

As August fades into September, General Washington is feeling pretty upbeat about how things are going. At least one delegate believes that they will be done "i9n three weeks time." Others aren't so ready to finish things without getting their say. Every attempt to resolve the matter of the Presidency is met with an objection and a move to delay. Soon enough, the Committee on Postponed Parts will have their hands full trying to resolve everything that has been postponed. In the meanwhile, the Convention seems to, for the first time, consider why a new form of Government is needed, beyond the Randolph outline of so many weeks ago. The principles that underlie the nation are Life, Liberty and Property. There is general realization that a stronger central government is the best guarantee of those. watching what is happening in Rhode Island has convinced them that left to themselves, the States will not provide those protections. With that in mind, the Delegates take up the Judiciary and the power of the States

Today, we debate and discuss the War Powers Resolution of 1973, which may, depending on how you read it, gives the President the authority to make war, while Congress has not declared a war. Oddly enough, the delegates had exactly the same debate, which is why the Constitution gives Congress the power to DECLARE war and the expected the President to MAKE war... as long as the people approved... Needing a bit of a break, most of the Delegates headed down to the shore of the Delaware River to take a ride on a steam ship. Yes... a steam ship. Twenty years before anybody ever heard of Robert Fulton. Is it possible that little adventure helped them to empower Congress to "promote the Progress of Science and useful Arts?" Roughly a hundred years after the convention, Otto von Bismark will develop his political maxim of the "realpolitik." He could have learned it from Rutledge, who, in response to Luther Martin's call to accept the immorality of slavery, reminds the Convention that IF there is to be a Union, it WI

As the Delegates return from their vacation, so does the summer heat. Sitting down to work, they begin to read and digest the draft that Rutledge of South Carolina has put together while they were gone. There are many points of contention, but also many points of agreement. One agreement is that they are moving too slowly, and that the nation is growing impatient. Despite the progress, there remains much to be done. James Madison feels that the work could take many more months. Washington and most of the other delegates know that they do not have that much time. The first solution offered is to work longer days. From 10am until 4pm with no changes to the schedule now allowed. With the new plan in place, they take up the qualification for electors. Should property ownership be considered? The draft of the Constitution says that it should not be considered, but some, like Gouverneur Morris, vehemently disagree.

The LPOV Group sits down for a wide ranging discussion of Article VI Clause 2, the Supremacy Clause. Shark_finningWhen California passes a law that bans the possession, distribution or sale of Shark fins in the State, a Chinese-American Neighborhood Association sues, claiming that they are being discriminated against by the law. There is a claim of Equal Protection, a claim under the Commerce Clause, and a claim that the United States already has laws dealing with Shark fins, and that those those laws should take precedence over California's law. Is there any merit to the claims? Is it racist to outlaw Shark fins? Does the law interfere with Interstate Commerce? Most of all, does the Federal law take supremacy over the States law banning shark fins?

After some "housekeeping" about what is going on with Dave, the discussion moves to the idea of who and what makes a "Hero?" Rick RescorlaWe begin with a picture of a Soldier in Vietnam. What can we glean from the picture? Is he a "War Hero?" The ancient Greek ideals of heroes are useful, but they have been modified in the modern era with the addition of an element which the Greeks did not specifically consider. In modern interpretations "morality" has become as big an element as the Greek Element of facing mortality. Dave shares four of his own personal "War Hero's," including his Grandfather and friend. A listener shares his story of how his Father became his hero. We close with the death of the Solider in the picture and ask the question, is he a "War Hero?"

The small States have won their battle for Equal representation in what will become the Senate. The Slave States have held on to their three fifth's compromise. For now, the Convention will move another element of the plan, the Presidency. Ideas of how he should be elected and for how long dominate the discussion. Throughout the discussion, one man cats his shadow over the debates. rQdi6qhL8tdqrDqEvRL7G59REvery man in the room knows that the first President under the proposed new government will be the Convention's leader, General George Washington. To a man, they are happy to know this. What concerns them, and what the controls the debate is a single question. Who will be the second man to become President of The United States?

For some weeks, Gouverneur Morris of New York has been absent from the Convention. Now, at the lowest point of the proceedings, he arrives with a single purpose: to derail the 3/5th's compromise. The tensions rise as the Slave States begin to believe that there are those, "within or without doors" who mean to take their slaves away. This will never be acceptable to the Slave States, and indeed, there is at least one non-Slave State that admits that it feels the same way. The debate boils down to one simple thing, do we unite with slavery, or do we dissolve without it? Morris will attempt to force the latter, but like all others before him, he will fail. When the dust settles, the Connecticut Compromise passes, and the Convention begins to move forward again.

As the Convention prepares to adjourn for the Independence Day holiday, there is a great deal of anger and frustration in the room. Luther Martin expresses it best, when he says that the convention hangs by no more then the width of a human hair. To move forward, a committee of Eleven is chosen to come up with a compromise plan to present after the break. Dr. Benjamin Franklin will lead the committee, which - over the objections of Madison and Wilson - is stacked with small State supporters. Can he get them to agree on a compromise that will please both the convention and the nation, which is waiting with great expectations to celebrate the new government and the Independence Day holiday? The stage is set for the celebration, as Washington sits for a portrait and speeches extol the glory of Independence day. But the Delegates must surely be worried about letting everybody down if they fail...

Since June 11th, the Convention has been stuck on one question - will the representation in the proposed senate be equal (one state, one vote), or proportional? But now, the debates are becoming personal. James Madison will stoop to personal insults. Gunning Bedford (Delaware) will threaten to seek a foreign alliance. And Luther Martin will annoy everybody with his three hour screed about States Rights and his body odor. Through it all, General Washington knows that those he believes to be demagogues are on the verge of destroying everything. When the dust settles on Monday, July 2, 1787, one more vote will be taken on the matter. This time, if the small States lose, the Convention will almost certainly break up. But how can they win? The numbers arrayed against them are too strong, and too committed to the big State ideal of proportional representation. There is not even a prayer that they can prevail, or at least... not lose again. There doesn't seem to be any chance of saving the convention or avoidi

Two days after the Committee of the Whole accepts the 3/5th's Compromise and adds another four resolutions to the Virginian's Plan, it is now clear that the Virginian's mean to abolish the Articles of Confederation and establish a new government based on the principles of Liberty and freedom. This presents a difficult moral challenge to them as a group, and represents the apex of their ideas presented at the Convention. New Jersey steps up with an alternate plan, which, like the Virginia Plan promises to fix and improve the Articles of Confederation, but unlike the Virginia Plan, actually does. Now comes the moment that the two plans are laid before the Convention, debated and it is decided to pursue one and abandon the other. But which plan will go forward? As the Convention prepares to call for the vote, one ma, New Yorker, Alexander Hamilton, stands to have his say. He will speak for the entire day, and he will come to rue this day... NOTE: At one point Dave refers to Hamilton being on the $20 Bill. Obv

As the first couple of weeks of the Convention drone on, the debates become very heated. Perhaps best described as "frank, bordering on direct." The small States, led by New Jersey's Attorney General William Paterson, attack the idea of proportional representation as destructive to them. It is now that we discover that the great debates of our time, are the same debates of the Convention. Is it to be "One Man=One Vote?" Or will each State have equal representation in the proposed government? When it seems that there is an impasse, it is James Wilson of Pennsylvania, along with South Carolina's Pickney and Rutledge, who hammer out the compromise which so many have proclaimed a "Faustian Bargain," the 3/5th's Compromise.

The Virginian's introduce their plan for a new National Government, which officially shocks the Convention, since they believed (officially) that they were there only to revise and amend the Articles of Confederation. The Convention adjourns to the Committee of the Whole - which is the same people, in the same room with the same purpose as the Convention but without General Washington sitting on the dais. So who is in charge of the discussion and debates that will begin with the Virginia Plan and end up with what we know so well as our Government? He was the 14th President of the United States, and he died in disgrace and failure. But for the moment, he is the man who is so well respected that he is chosen to lead the Committee of the Whole in its important work. His name, is Nathaniel Gorham. He will control the discussions of The Virginia Plan, the New Jersey Plan (and eventually the Connecticut Compromise) in the first days of the Convention.