The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them and in Case of Disagreement between them with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article. III.
Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—[between a State and Citizens of another State;]—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, [and between a State or the Citizens thereof, and foreign States, Citizens or Subjects.]
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of lmpeachment; shall be by Jury, and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article. IV.
Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the
Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
[No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the party to whom such Service or Labour may be due.]
Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
Article. V.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Article. VI.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Office
rs, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article. VII.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names,
Go.Washington — Presd.t and deputy from Virginia
New Hampshire John Langdon
Nicholas Gilman
Massachusetts Nathaniel Gorham
Rufus King
Connecticut Wm. Saml. Johnson
Roger Sherman
New York Alexander Hamilton
New Jersey Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
Delaware Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia John Blair
James Madison Jr.
North Carolina Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia William Few
Abr Baldwin
Attest William Jackson Secretary
* * *
* Brackets indicate language later modified by amendment.
APPENDIX C: THE BILL OF RIGHTS
The Bill of Rights: Amendments I–X
Passed by Congress September 25, 1789
Ratified December 15, 1791
Amendment I - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II - 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.
Amendment III - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VII - In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
ACKNOWLEDGMENTS
At a certain age one looks back to the beginning and realizes that a few teachers put you on the path you have traveled. In my case, four historians were my mentors: Edmund Morgan, C. Vann Woodward, Elting Morison, and William McFeely.
More to the matter at hand, six colleagues read the entire manuscript and made critical suggestions that I could not afford to ignore, even though on occasion I resisted their advice: Robert Dalzell, just retired from Williams College, whose narrative instincts were always impeccable; Susan Dunn, also of Williams, whose cheers in the margins were accompanied by deft criticisms offered with uncommon grace; David Hendrickson of Colorado College, who shared his unsurpassed knowledge of the secondary literature; Michael Neff, a former student and recent graduate of Harvard Law School, who has an eagle eye for generalizations that need to be qualified; another former student, Chelsea Michta, now reading history at Cambridge University, who helped me with the appendices and with the various dictionary definitions of coup; and Stephen Smith, former editor of the Washington Examiner, whose verbal agility in that problematic place where substance meets style is almost magical.
I have been the beneficiary of the massive documentary projects long in process to publish the papers of the most prominent American founders. This book could not have been written without the labor-intensive work done by editors of the George Washington, James Madison, Thomas Jefferson, Robert Morris, and John Jay papers. A special thanks to Jennifer Steinshorne at the Jay Papers for digital access to materials not yet published.
My editor at Knopf, Dan Frank, proved an able successor to the late, great Ash Green. Dan pushed me hard with probing questions at the start, then ushered the manuscript through the corridors of power with guile and gusto.
Ike Williams, my literary agent, grasped the core argument of the book before I did, always took my calls, and from his listening post in Boston kept me abreast of all trade rumors involving the Red Sox, Patriots, and Celtics.
My longtime assistant, Linda Chesky Fernandes, continued to conceal my technological incompetence and began each day asking “What do you need?” I always answered “Nothing but unconditional love.”
That came naturally from my wife, Ellen Wilkins Ellis, offered in her Mississippi accent, often with a steel magnolia edge, suggesting that it was time to come back from the eighteenth century.
Most of the book was written in my study at Amherst in longhand, though not with a quill pen. My only research assistants were two devoted Labradoodles, an aging but still feisty Jack Russell, and a bothersome cat who kept walking across the piles of papers on my desk.
There are professional and personal reasons for the dedication to Pauline Maier, who passed away while I was writing the final draft. On the former score, Pauline’s last book has established itself as the authoritative account of the ratification process of 1787–88, which helped to guide me through the otherwise bewildering state-by-state debates over the Constitution. On the latter score, P
auline was a spirited, intellectually passionate friend and colleague for thirty years, who was never afraid to tell me what she thought. She preached that history was an argument without end, and she practiced what she preached. I can hear her now, shouting from above, “Joe, are you sure about the title?”
Joseph J. Ellis
Amherst, Massachusetts
MAY 12, 2015
NOTES
The following endnotes represent my attempt to cite the primary and secondary sources that most influenced my interpretation of the founding era. Several generations of American historians have moseyed on down this trail before me, leaving a legacy of scholarship that merits at least a nod of recognition. Here are some seminal studies that somehow never made it into the endnotes:
Akkil Reed Amar, America’s Constitution: A Biography (New York, 2005); Herman Belz et al., eds., To Form a More Perfect Union: The Critical Ideas of the Constitution (Charlottesville, Va., 1992); Robert Dahl, How Democratic Is the American Constitution? (New Haven, Conn., 2003); Jackson Turner Main, The Antifederalists: Critics of the Constitution (Chapel Hill, N.C., 1961); Forrest McDonald, We the People: The Economic Origins of the Constitution (Chicago, 1958), and E Pluribus Unum: The Formation of the American Republic, 1776–1790 (Boston, 1965); Clinton Rossiter, 1787: The Grand Convention (New York, 1966); David Stewart, The Summer of 1787 (New York, 2007); Carl Van Doren, The Great Rehearsal (New York, 1948); Gordon Wood, The Creation of the American Republic (Chapel Hill, N.C., 1969), and Revolutionary Characters: What Made the Founders Different (New York, 2006). For whatever reasons, I have not quoted from these texts, but there is no question that my thinking over the years has been influenced by them.
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