The Constitution of the United States, I.1.9, Post 6

Hamilton said in Federalist 84, "[W]hy declare that things shall not be done which there is no power to do?" Indeed. As it turns out he was wrong because matters were even worse than he expected. We understood and followed the Constitution so poorly that it is good that we at least have had certain enumerated rights.

1. Freedom of speech, assembly. No state-establishment of religion.

2. Right to keep and bear arms.

3. No forced quartering of soldiers unless by law.

4. Right to due process in criminal law: no unreasonable search or seizure; warrants must be with probable cause and narrowly focused.

5. An open set of due-process rights, such as the right to grand jury indictment, the right not to testify against oneself, and the right not to be deprived of property with out due process and just compensation.

6. Along with the 5th Amendment, further rights to speedy trial, legal counsel, and so forth.

7. There is a right to jury trial in civil cases over matters exceeding $20.

8. Excessive bail and fines and cruel and unusual punishment are prohibited.

9. The mention of certain rights in the Constitution is not to be taken as indicating a complete list of the people's rights.

10. Powers not specified in the Constitution as belonging to the federal government belong to the states and the people.

11. Reiteration of the fact that the U.S. courts do not have authority in civil cases against a state.

12. Sets up a system by which electors vote separately for vice presidential candidates.

We have merely breezed through the actual Constitution and the first 12 Amendments because there is no point in this blog's spilling ink on them. Our target is the other selections in The Founders' Constitution. Next, we turn to John Locke.

The Constitution of the United States, I.1.9, Post 5

Article V provides for amending the Constitution by proposal of Congress or of two-thirds of the state legislatures and by ratification of three-fourths of the states.

Article VI accepts that contracts made before the adoption of the Constitution are valid. It states that the Constitution and laws made by Congress are supreme laws of the land overriding state law. Members of state and federal legislatures, judicial officers, and members of the executive branch all must take an oath to support the Constitution.

Article VII stipulates that the ratification of nine states is sufficient to establish the Constitution.

The Constitution of the United States, I.1.9, Post 4

Article IV sets up terms of cooperation and respect amongst states. Citizens of one state must enjoy the rights of the citizens of any state. Any fugitive from justice from one state shall be returned to it by the state to which he flees, documents, laws, and judicial decisions of one state shall be respected by other states.

The article also allows that Congress may admit new states and regulate U.S. territories and property. It guarantees a republican form of government to the states, and it requires that the federal government protect the states from invasion and, upon request, internal violence.

The Constitution of the United States, I.1.9, Post 3

In Article III we see that federal judicial power lies in the Supreme Court and inferior federal courts establishes. It extends to cases arising under the Constitution, U.S. laws, U.S. treaties or maritime matters, cases in which the U.S. is a party, and cases between an American and a foreigner; in all these cases it has appellate jurisdiction. (However, the 7th Amendment secured the right to trial by jury in civil cases where amounts at stake exceed $20.) The Supreme Court has original jurisdiction in cases involving foreign service officers or in which a state is a party. All criminal cases are to be tried by jury.

Article III also defines treason: levying war against the U.S. or adhering to or giving aid and comfort to the enemy. Congress declares the punishment of treason.