Thursday, November 20, 2008

Outside the Commas, Part I

We the People of the United States....


Oh, dear. Seven words into the document--we don't even have a verb yet--and we already have controversy. No, not just controversy. We have a second revolution. A real coup d'etat, in fact!

The Framers assembled were authorized to convene by unanimous consent of the states in Congress under the Articles of Confederation and Perpetual Union:

From the Report of Proceedings in Congress; February 21, 1787:
Resolved that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several states be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the states render the federal constitution adequate to the exigencies of Government & the preservation of the Union.
Under the Articles of Confederation, Article XIII,
. . . And the Articles of this Confederation shall be inviolably observed by every State, and the Union [the Confederacy] shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
"The People" were not a recognized party to the Confederation. Patrick Henry, who passionately opposed ratification of the new Constitution, argued that in the first place, "the People" had no authority in the matter, and in the second, "the People" had not authorized the Convention to act on their behalf.

And just who were "People" anyway? Inhabitants? Citizens? Free men? The document claims "the People of the United States" as its protagonist, but were they? Whoever these people were, they were revolutionaries overthrowing their young government.

Comments?

Tomorrow: Outside the Commas, Part II of II
................