age, size, ethnicity, etc.
5. ARTICLES OF CONFEDERATION
The Articles of Confederation were agreed to by Congress on November 15, 1777 and ratified on March 1, 1781: "to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each state shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce."
With this document, the Congress eliminated the "Colony" as a legal entity and established the "State". Then they formed a "perpetual union between the States of New Hampshire, Massachusetts [etc]." By respecting each state's "sovereignty, freedom, and independence," and by bringing them into a federation, in essence, they succeeded in what many smaller European republics and city states had failed to achieve: the establishment of a federal Republic composed of smaller ones. Strangely, it also made provisions for Canada's possible inclusion into the Union.
6. THE CONSTITUTION
Whereas, The Declaration of Independence was the crowning glory of the Continental Congress, The Constitution of the United States of America has achieved the envious distinction of being the longest living document through which Americans, often from the remotest parts of the world, have allowed themselves to be guided and governed by this document. Without a doubt, it is a miracle if we were to contrast it to other constitutions, active or extant.
The greater miracle is that it came about. The hurdles were enormous. With slavery permeating the southern states, the issue regarding a formula for representation was complex indeed. Yet, with slaves inhabiting several states, with women not suited for voting, and with many other non-white property owners, it is a wonder that those involved in the constitutional deliberations agreed to the following preamble: "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 for the United States of America."
Although the implications behind those innocuous words may have been incomprehensible to some, to others, however, they must have been both palatable and inscrutable at the same time, and this may be the reason why the preamble achieved consensus, when, for reasons cited above, it should have been rejected.
How can the mandate of "We, the people" be collective and exclusively restrictive at the same time? "We, the people" connotes collectivism–a single political body comprised of all the people. Whoever the specific writers may have been, in succeeding to insert those words at the beginning of the Constitution, they accomplished the biggest coup of the convention. Those words contain the code of the writers' secret hope that, notwithstanding the social context of their time, which could not permit the fulfillment of the mandate, their goal would be fulfilled on a future day. That day may have come for many; it has yet to come for all.
7. THE BILL OF RIGHTS
The Bill of Rights, comprising the first ten articles (amendments) to the Constitution, became the vehicle for a dynamic democracy. It not only gave the Constitution continuous life, it also allowed for the implementation of the goal inherent in "We, the people".
Of the articles contained in the Bill of Rights, the first and second seem to have generated the greatest number of discussions and controversies. Yet, though the language seems rather clear, the subject treated in each has roots if not precedence in previous documents or in other deliberations.
With reference to the second article, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" really deals with the issue on the use of arms and has two parts: arms needed by units of a militia for "the security of a free State," and arms needed by individuals for personal protection and as tools for acquiring food. One is organizational, the other is individual and both fall into complemental ratio according to individual need and societal changes. In those days, it was naturally necessary for individuals to bear arms; today, that requirement does not exist because guns are not often used for personal protection or to acquire food. Instead, they are used by one individual to kill another, all too often for no compelling reason. This article does not give carte blanche for the uncontrolled ownership of guns because our individual situations are no longer similar to those of the days of our Founding Fathers.
As for religion, all European nations had, what has come to be known as, a state religion or established church through which a given religion received state endorsement. The Founding Fathers knew too well the role that established churches had served. As the tool of government, oppression and repression in the name of God often became commonplace practice. Not that, on the other hand, the authors wished to enhance the role of religion in any way. But when they prohibited Congress, and all other legislative bodies emanating from the Constitution, from "prohibiting the free exercise thereof", in essence, they allowed the enhancement of religion itself.
How could a state religion not be the arm of the government? The Magna Charta came into being precisely because King John wanted his own man to be the Archbishop of Canterbury. And it was Stephen Langton, who, appointed by the Pope according to church election procedures, succeeded in reducing John's power by leading the feudal barons in coming up with the Magna Charta, intended to favor, enhance and guarantee their status and that of the church. In the long run, however, King John won out. With the rise of the Anglican church, the Archbishop was appointed by the King or Queen–a practice that changed only in the latter part of the 20th century when Queen Elizabeth allowed the Bishop to be elected by his peers.
As for the Founding Fathers, these kinds of situations could only be prevented by prohibiting the establishment of a state church, and by guaranteeing its "free exercise thereof". They must have recognized the futility in legislating on things of religious faith. Even in the most disciplined of religions, there are always as many variations in practice and intent as there are members. However small, unanimity in any area is practically impossible. Legislating on issues as school prayer is tantamount to subverting the Constitution.
8. AMENDMENTS TO THE CONSTITUTION
These Articles of Amendment, generally considered those ratified after the first ten articles of the Bill of Rights, comprise Article XI ratified in 1794 to Article XXVI ratified in 1971. Several other amendments were also proposed but were not ratified, the latest being the ERA–Equal Rights Amendment.
The amendments, reflecting needs of an evolving society, keep the Constitution alive. Of these, the most important–because it complements the Preamble of the Constitution, is Article XIII which abolishes slavery and involuntary servitude. This Amendment was also the most painful to achieve.
Projected through a hard-fought Civil War that almost divided the country into two or more parts, the Amendment took shape in the heart of Abraham Lincoln with his Proclamation, and finally ratified in 1865 as Article XIII. It logically brought about the following two amendments.
Articles XIV, which made "persons born or naturalized in the United States...citizens", also prohibited states from abridging or depriving "any person of life, liberty, or property". And, with Article XV, the citizens were granted the right to vote.
Thus, with these amendments, the fulfillment of the Constitution's Preamble comes closer and closer to full realization. At least, that may have been the intention of the Founding Fathers.
9. EMANCIPATION PROCLAMATION
The Emancipation Proclamation is the single
