The Formation & Evolution of the American Constitution. Madison James

The Formation & Evolution of the American Constitution - Madison James


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of — — after the expiration of their term of service, and to be subject to recall.

      5. Resolved that the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures, to be of the age of — — years at least; to hold their offices for a term sufficient to ensure their independency; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service; and to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service; and for the space of — — after the expiration thereof.

      6. Resolved that each branch ought to possess the right of originating Acts; that the National Legislature ought to be empowered to enjoy the Legislative Rights vested in Congress by the Confederation & moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual Legislation; to negative all laws passed by the several States contravening in the opinion of the National Legislature the articles of Union; and to call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof.

      7.Resolved that a National Executive be instituted; to be chosen by the National Legislature for the term of — — years, to receive punctually at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the Magistracy, existing at the time of increase or diminution, and to be ineligible a second time; and that besides a general authority to execute the national laws, it ought to enjoy the Executive rights vested in Congress by the Confederation.

      8. Resolved that the Executive and a convenient number of the National Judiciary, ought to compose a Council of revision with authority to examine every act of the National Legislature before it shall operate, & every act of a particular Legislature before a Negative thereon shall be final; and that the dissent of the said Council shall amount to a rejection, unless the Act of the National Legislature be again passed, or that of a particular Legislature be again negatived by — — of the members of each branch.

      9. Resolved that a National Judiciary be established to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature, to hold their offices during good behaviour; and to receive punctually at stated times fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office at the time of such increase or diminution. That the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all Piracies & felonies on the high seas, captures from an enemy: cases in which foreigners or Citizens of other States applying to such jurisdictions may be interested, or which respect the collection of the National revenues; impeachments of any national officers, and questions which may involve the national peace and harmony.

      10. Resolved that provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of Government & Territory or otherwise, with the consent of a number of voices in the National Legislature less than the whole.

      11. Resolved that a Republican Government & the territory of each State, except in the instance of a voluntary junction of Government & territory, ought to be guarantied by the United States to each State.

      12. Resolved that provision ought to be made for the continuance of Congress and their authorities and privileges, until a given day after the reform of the articles of Union shall be adopted, and for the completion of all their engagements.

      13. Resolved that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto.

      14. Resolved that the Legislative Executive & Judiciary powers within the several States ought to be bound by oath to support the articles of Union.

      15. Resolved that the amendments which shall be offered to the Confederation, by the Convention ought at a proper time, or times, after the approbation of Congress to be submitted to an assembly or assemblies of Representatives, recommended by the several Legislatures to be expressly chosen by the people to consider & decide thereon.

      It was then Resolved — That the House will tomorrow resolve itself into a Committee of the Whole House to consider of the state of the American Union — and that the propositions moved by Mr. Randolph be referred to the said Committee.

      We the People of the States of New Hampshire Massachusetts Rhode Island & Providence Plantations Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina & Georgia do ordain, declare & establish the following Constitution for the government of ourselves & Posterity.

       ARTICLE 1:

      The Style of this Government shall be The United States of America & the Government shall consist of supreme legislative Executive & judicial

       Powers.

       2

      The Legislative Power shall be vested in a Congress to consist of two separate Houses — one to be called the House of Delegates & the other the Senate who shall meet on the — — — — Day of — — in every year.

       3

      The members of the House of Delegates shall be chosen every — — year by the people of the several States & the qualification of the electors shall be the same as those of the electors in the several States for their legislatures — each member shall have been a citizen of the United States for — — years; and shall be of — — years of age & a resident in the State he is chosen for. — — Until a census of the people shall be taken in the manner herein after mentioned the House of Delegates shall consist of — — to be chosen from the different States in the following proportions: for New Hampshire, — — ; for Massachusetts, — — for Rhode Island, — — for Connecticut, — — for New York, — — for New Jersey, — — for Pennsylvania, — — for Delaware, — — for Maryland, — — for Virginia, — — for North Carolina, — — for South Carolina, — — for Georgia, — — & the Legislature shall hereafter regulate the number of delegates by the number of inhabitants according to the Provisions herein after made, at the rate of one for every — — thousand. — All money bills of every kind shall originate in the house of Delegates & shall not be altered by the Senate. The House of Delegates shall exclusively possess the power of impeachment & shall choose it's own officers & vacancies therein shall be supplied by the executive authority of the State in the representation from which they shall happen.

       4

      The Senate shall be elected & chosen by the House of Delegates which House immediately after their meeting shall choose by ballot — — Senators from among the Citizens & residents of New Hampshire — — from among those of Massachusetts — — from among those of Rhode Island — — from among those of Connecticut — — from among those of New York — — from among those of New Jersey — — from among those of Pennsylvania — — from among those of Delaware —


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