Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-05-03
OUR CONSTITUTIONAL HISTORY

OUR CONSTITUTIONAL HISTORY.
No. Z.
Our readers will doubtless rejoice with us
that we are now through with the preliminary
papers. aud are prepared to review the
CONSTITUTION AS FINALLY ADOPTED.
1t is arranged into seven articles; the first
three of which embody the plan of the gov
ernment, while the last four are miscellaneous
In their character.
1t is preceded by preamble. in which there
Il much that might suggest profitable discus
sion. We shall now allude to but two Of its
points. The first of which is the fact. that it
om;ts the enumeration of the states, found in
both of the preliminary drafts. We allude
to this chiefly for the purpose Of denying the
inference which is frequently drawn from
the omission. 1t says, ''We. the people OF the
United States" instead of 1--WE, the people of
New Hampshire, Massachusetts, &c. 1t is
argued from this fact, that the preamble
teaches that the constitution was ordained by
the people of the United States taken collec
tlvely. instead Of by the people of the states
severally. This was certainly not so meant.
We might give several conclusive reasons for
this opiOnlOn, but here we wish to state only
one; that is, to give the true reason why this
phraseology was adopted, instead of that
found In the original drafts. It was simply
this. When the convention was ready to
adjourn, it was thought at least possible that
some one or more Of the states would refuse
| to ratify the constitution, and would thus fail
| to continue member of the Union. As a
fact, North Carolina and Rhode Island did
refuse until after the government was in
stituted under the Constitution. 1t would
have been quite awkward, therefore, to have
had the names of states in the Constitution as
having ordained and established it, when in
fact they had refused to do SO. To prevent
| this possible absurdity, ''United States was
substituted for an enumeration of the indivi-
dual states.
The other fact in the preamble, to which
attention is directed, is the statement of the
objects sought in the establishment of the
Constitution. In the Articles of Confedera-
tion, three were given: Common defence,
the security of their liberties, aud their
mutual and general welfare" These are re-
tanned in the Constitution, and to them are
prefXed three others: To form q more per-
feet union, establish justice, insure domestic
tranquillity.'
The first three articles, as we have said
first sets forth the legislative department, and
is subdivided into ten sections. The first
three give the composition of the legislature
its division into two houses, section l E; the
house Of representatives, section .; the SEN
ate, section 3. Sections to contain the
parliamentary regulations of the congress; as
to elections and meetings, section 4; parlia
mentary powers, section 8; privileges OF anC
prohibitions upon members, section 6. Sec
tion sets forth the presidents veto power
The last three sections are the most interest
ing and important of the article.
Section is especially so, as it enumerate:
the legislative powers of congress. Thes'
are contained in eighteen clauses; the frs
seventeen giving the express powers, and tn
eighteenth the implied powers. The expires
powers may be arranged under two heads
ordinary peace powers and those relating t.
t war. The peace powers are found in the 1irs
ten clauses and the seventeenth; the wa
powers in the eleventh and sixteenth in
D elusive.
The express powers are given In the fol
lowing table.
ORDINARY fEaCE rUwEks.
A. Financial.
1. To raise money.
I. BY leving direct taxes. imports, or ex
cises, for the purpose of paying debts, tn
n common defence, or the general welfare
Clause 1.
C 2. BY borrowing. Clause2.
ii. To regulate commerce; foreign, inte
r. state, and with Indians. Clause 3.
III. To pass bankrupt laws. Clause 4.
". To coin money, and regulate the var
of foreign and domestic coin. Clause 3.
v. To regulate weights and measure
n Clause 5.
ri b. Foreigners.
!. To pass uniform law of naturalization
Clause 4.
e C. Intelligence.
~ l. To establish postofiices and postroad
Clause !.
ii. To encourage science and useful n
by granting copyrights and patents. Clause
d. Judiciary.
|. TO establish inferior courts. Clause
ii. Grimes.
l. To punish counterfeting national
sues, Clause 6.
2. To define and punish piracies, feloni
on the high seas, and international offence
Clause 10.
f. 7srritorg.
To exercise exclusive Jurisdiction over t
III District of Columbia, and u. S. forts, 4
Clause II.
n! WAR POWERS.
e. /. To declare war. Clause IL.
9; III. To grant letters of marque. Clause
- III. To make rules concerning captur
Clause II.
=, Nv. Forces.
/. To raise, maintain, aud make rules
the army and navy. Clauses 12, l3, IA.
.ss .. To provide for the militia.
Q). For calling it out to execute the lay
suppress Instructions, and repel invasion
Clause Is.
(). For organizing, arming, and disc
lining it at all times. Clause 16.
(3). For governing it, when in the u.
service. Clause lG.
Section 3 contains The prohibitions on
United States. First, Congress is forbdC
to levy export duties; or direct taxes. not
proportion TO the inhabitants Of the seve
states. To abolish the slave trade prior
1898; or to prefer the ports of one state o.
those of another. To suspend the writ
habeas corpus except in emergencies; to p
bills Of attainder or er post Jacto laws; or
confer titles of nobility. Second, Uni
States officers are forbidden to pay out 8
money for any purpose, without an app
priatlon having been made by congress
that purpose; and also to receive any pr
ent, emoument, office, or title from
foreign state.
Section 10 gives the prohibitions on
states. These are of two classes. First,
states are absolutely forbidden to enter i
any treaty, alliance, or confederation;
grant letters OF marque; to coin money, e
bills of credit, or make anything but col
legal tender and to pass bills of attainder
post fucto laws, or laws impairing the obi
| Of tn