Transcript here - HTI
Dr. Barbara Terzian
I.
Republicanism and Federalism
II.
Early State Constitutions
III.
Articles of Confederation
IV.
1787 Constitution
V.
Early Constitutional Controversies
VI.
Ohio’s Statehood Constitution
Approximately ¾ of the state Constitutions drafted
during this period contained formal bills of
rights protecting basic liberties.
Right to trial by jury and a right to the free exercise
of religion most consistent.
Bill of Rights
The powers of the executive were generally
weakened considerably in the new state
constitutions.
Roughly ½ of the states had the chief executive
elected by the legislature.
More than ¾ of the states had annual elections of
the governor.
The Executive
Bicameral legislatures (except PA, VT)
Lower house was elected directly by the people
Most states had direct elections of the upper house.
Most states provided for annual election of the lower houses.
More than ½ of the states had annual elections for the upper
house.
The size of the legislature was expanded and provision was made
for reapportionment.
The Legislature
Suffrage requirements in each state varied. (In general, suffrage
was 8-10x broader than England.)
Most states retained some form of property requirements for
voting.
Candidates could have a higher property requirement than
electors and candidates for the upper house could have a
higher requirement than required for serving in the lower
house.
Suffrage
“Articles of Confederation and perpetual Union between the
states of New-hampshire, Massachusetts-bay,
Rhodeisland and Providence Plantations, Connecticutt,
New-York, New-Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North-Carolina, South-Carolina and
Georgia.”
Article I “The Stile of this confederacy shall be ‘The United
States of America’.”
Article II “Each state retains its sovereignty, freedom and
independence, and every Power, Jurisdiction and right,
which is not by this confederation expressly delegated to
the United States, in Congress assembled.”
Number of houses in legislature
One
Representation
1 – 7 delegates represented each state, each state held only one vote in
Congress
Election and term of office
Delegates appointed annually by state legislatures
Executive
No separate executive: Delegates annually elected one of their number as
President who possessed no veto, no power to appoint officers or to conduct
policy. Administrative functions of government theoretically carried out by
various single-headed departments.
Judiciary
Most adjudication left to state and local courts. Congress was a final court of
appeal in disputes between states.
Taxation
States alone could levy taxes. Congress funded the Common Treasury by
making requisitions for state contributions.
Regulation of commerce
Congress regulated foreign commerce by treaty, but held no check on
conflicting state regulations.
Ratification or amendment
Required confirmation by every state legislature
States cede claims to the western lands
U.S. Surveyors
Townships = units of 6 square miles
1 square mile = 1 section = 640 acres
Auction
Section 16 to support public education
3 – 5 territories
Governor, Secretary, 3 judges
appointed by Congress
Population = 5,000 – elect a
territorial legislature
Population = 60,000 – can
petition for statehood
Prohibited slavery
I.
Successes
Obtained Independence
Cessions for the Western Lands
Land Ordinance of 1785
Northwest Ordinance
II.
Failures
Lack of Revenue
Interstate Commerce
External and Internal Stability
Daniel Shays
Shays’ Rebellion
Washington Expresses Alarm
We have probably had too good an opinion of human nature in
forming our Confederation. Experience has taught us
that men will not adopt, and carry into execution,
measures the best calculated for their own good, without
the intervention of coercive power. I do not conceive we
can exist long as a nation without lodging, somewhere, a
power which will pervade the whole Union in as energetic
a manner as the authority of the state governments
extends over the several states.
Washington
the better kind of people, being disgusted with these
circumstances, will have their minds prepared for any
revolution whatever. We are apt to run from one
extreme to another. To anticipate and prevent
disastrous contingencies would be the part of wisdom
and patriotism…
What astonishing changes a few years are capable of
producing! I am told that even respectable characters
speak of a monarchical form of government without
horror.
Annapolis Convention 1786
Philadelphia Convention 1787
Preamble
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
We the People of the United States, in Order
to form a more perfect Union, establish
Justice, insure domestic Tranquility,
provide for the common defence,
promote the general Welfare, and secure
the Blessings of Liberty to ourselves and
our Posterity, do ordain and establish
this Constitution for the United States
of America.
Section. 1.
All legislative Powers herein granted shall be
vested in a Congress of the United States, which
shall consist of a Senate and House of
Representatives.
Section. 2.
The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States,
and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the State
Legislature.
No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven Years a
Citizen of the United States, and who shall not, when elected,
be an Inhabitant of that State in which he shall be chosen.
Section. 2.
Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union,
according to their respective Numbers, which shall be
determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other Persons.
The actual Enumeration shall be made within three Years
after the first Meeting of the Congress of the United States,
and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct.
Section. 3.
The Senate of the United States shall be composed of two Senators
from each State, chosen by the Legislature thereof for six Years;
and each Senator shall have one Vote.
No Person shall be a Senator who shall not have attained to the Age
of thirty Years, and been nine Years a Citizen of the United States,
and who shall not, when elected, be an Inhabitant of that State for
which he shall be chosen.
The Senate shall have the sole Power to try all Impeachments.
When sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of the United States is tried, the
Chief Justice shall preside: And no Person shall be convicted
without the Concurrence of two thirds of the Members present.
Section. 7.
Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a Law,
be presented to the President of the United States: If he
approve he shall sign it, but if not he shall return it, with his
Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal, and
proceed to reconsider it. If after such Reconsideration two
thirds of that House shall agree to pass the Bill, it shall be
sent, together with the Objections, to the other House, by
which it shall likewise be reconsidered, and if approved by two
thirds of that House, it shall become a Law.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide for the common Defence and general Welfare of the
United States; but all Duties, Imposts and Excises shall be uniform throughout the
United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with
the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard
of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of
the United States;
To establish Post Offices and post Roads;
Section. 8.
To promote the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and
Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences
against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
Section. 8.
To provide for organizing, arming, and disciplining, the Militia, . . .;
To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of
particular States, and the Acceptance of Congress, become the Seat
of the Government of the United States, . . . ;--And
To make all Laws which shall be necessary and proper for carrying
into Execution the foregoing Powers, and all other Powers vested by
this Constitution in the Government of the United States, or in any
Department or Officer thereof.
Section. 9.
The Migration or Importation of such Persons as any of the States now existing shall
think proper to admit, shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a Tax or duty may be imposed on such
Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in
Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or
enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
Section. 9.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports
of one State over those of another; nor shall Vessels bound to, or from, one State, be
obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations
made by Law; and a regular Statement and Account of the Receipts and Expenditures
of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any
Office of Profit or Trust under them, shall, without the Consent of the Congress,
accept of any present, Emolument, Office, or Title, of any kind whatever, from any
King, Prince, or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of
Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law,
or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on
Imports or Exports, except what may be absolutely necessary for executing it's
inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on
Imports or Exports, shall be for the Use of the Treasury of the United States; and all
such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep
Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with
another State, or with a foreign Power, or engage in War, unless actually invaded, or in
such imminent Danger as will not admit of delay.
Section. 1.
The executive Power shall be vested in a President of the United States of America. He
shall hold his Office during the Term of four Years, and, together with the Vice
President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a
Number of Electors, equal to the whole Number of Senators and Representatives to
which the State may be entitled in the Congress: but no Senator or Representative, or
Person holding an Office of Trust or Profit under the United States, shall be
appointed an Elector.
No Person except a natural born Citizen, or a Citizen of the United States, at the time
of the Adoption of this Constitution, shall be eligible to the Office of President;
neither shall any Person be eligible to that Office who shall not have attained to the
Age of thirty five Years, and been fourteen Years a Resident within 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; . . . . and he shall have Power to grant Reprieves and Pardons for
Offences 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 . . .
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.
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.
The Trial of all Crimes, except in Cases of Impeachment, 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. 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.
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.
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 Officers, 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.
The Ratification of the Conventions of nine States,
shall be sufficient for the Establishment of this
Constitution between the States so ratifying the Same.
“Federalists” vs. “Anti-Federalists”
The Federalist Papers
Ratification Conventions
State
Date
Vote
Delaware
7 December 1787
(Unanimous)
Pennsylvania
12 December 1787
(46-23)
New Jersey
18 December 1787
(Unanimous)
Georgia
2 January 1788
(Unanimous)
Connecticut
9 January 1788
(128-40)
Massachusetts
7 February 1788
(187-168)
Maryland
28 April 1788
(63-11)
South Carolina
23 May 1788
(149-73)
New Hampshire
21 June 1788
(57-47)
Virginia
26 June 1788
(89-79)
New York
24 July 1788
(30-27)
21 November 1789
(194-77)
29 May 1790
(34-32)
North Carolina
Rhode Island
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 offense 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 defense.
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 reexamined 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.
Commercial Vision
Alexander Hamilton
Agrarian Vision
Thomas Jefferson
Public Debt
Manufacturing
National Bank
Jefferson to Washington
I consider the foundation of the Constitution as laid on this ground:
That " all powers not delegated to the United States, by the
Constitution, nor prohibited by it to the States, are reserved to
the States or to the people." [10th amendment.] To take a single
step beyond the boundaries thus specially drawn around the
powers of Congress, is to take possession of a boundless field of
power, no longer susceptible of any definition.
The incorporation of a bank, and the powers assumed by this bill, have
not, in my opinion, been delegated to the United States, by the
Constitution.
They are not among the powers specially enumerated. . . .
Jefferson to Washington
Nor are they within either of the general phrases, which are the two following:
1. To lay taxes to provide for the general welfare of the United States, . .
. the laying of taxes is the power, and the general welfare the purpose
for which the power is to be exercised.
It would reduce the whole instrument to a single phrase, that of instituting a
Congress with power to do whatever would be for the good of the
United States; and, as they would be the sole judges of the good or evil,
it would be also a power to do whatever evil they please.
The second general phrase is, "to make all laws necessary and proper for
carrying into execution the enumerated powers." But they can all be
carried into execution without a bank. A bank therefore is not
necessary, and consequently not authorized by this phrase.
Jefferson to Washington
The negative of the President is the shield provided by the Constitution
to protect against the invasions of the legislature . . .
It must be added, however, that unless the President's mind on a view of
everything which is urged for and against this bill, is tolerably
clear that it is unauthorized by the Constitution; if the pro and
the con hang so even as to balance his judgment, a just respect
for the wisdom of the legislature would naturally decide the
balance in favor of their opinion. It is chiefly for cases where they
are clearly misled by error, ambition, or interest, that the
Constitution has placed a check in the negative of the President.
Hamilton to Washington
The Secretary of the Treasury . . . proceeds, according to the order of the
President, to submit the reasons which have induced him to
entertain a different opinion [than the Secretary of the State].
It is not denied that there are implied as well as express powers, and that the
former are as effectually delegated as the latter.
. . . the Secretary of State maintains, that no means are to be considered as
necessary but those without which the grant of the power would be
nugatory.
Hamilton to Washington
It is certain that neither the grammatical nor popular sense of the
term requires that construction. According to both, necessary
often means no more than needful, requisite, incidental,
useful, or conducive to. . . .
To understand the word as the Secretary of State does, would be to
depart from its obvious and popular sense, and to give it a
restrictive operation, an idea never before entertained. It
would be to give it the same force as if the word absolutely or
indispensably had been prefixed to it.
Federalists
Democratic-Republicans
Electoral votes
1796
Candidate
JOHN ADAMS
Thomas Jefferson
Thomas Pinckney
Aaron Burr
Minor Candidates
Party
Federalist
Democratic-Republican
Federalist
Electoral Votes
71
68
59
Democratic-Republican
30
---------
48
John Adams
Alien and Sedition Acts, 1798
Sedition Act
Sec. 2. …That if any person shall write, print utter or publish, or
shall cause or procure to be written, printed, uttered or
published, or shall knowingly and willingly assist or aid in
writing, printing, uttering or publishing any false,
scandalous and malicious writing or writings against the
government of the United States, or either house of the
Congress of the United States, or the President of the
United States, with intent to defame the said government, or
either house of the said Congress, or the said President, or
to bring them or either or any of them into contempt or
disrepute; or to excite against them, or either or any of them,
the hatred of the good people of the United States…
Sedition Act
Sec. 3. …That if any person shall be prosecuted under this act,
for the writing or publishing any libel aforesaid, it shall
be lawful for the defendant, upon the trial of the cause,
to give in evidence in his defence, the truth of the matter
contained in the publication charges as a libel.
Jefferson and Madison
Resolved, That the several States composing the United States of America;
are not united on the principle of unlimited submission to their
General Government; but that, by a compact under the style and
title of a Constitution for the United States, and of amendments
thereto, they constituted a General Government for special
purposes,
-- delegated to that government certain definite powers, reserving, each
State to itself, the residuary mass of right to their own selfgovernment;
and that whensoever the General Government assumes undelegated powers,
its acts are unauthoritative, void, and of no force:
Jefferson and Madison
that to this compact each State acceded as a State, and is an integral
party, its co-States forming, as to itself, the other party:
that the government created by this compact was not made the
exclusive or final judge of the extent of the powers delegated
to itself; since that would have made its discretion, and not
the Constitution, the measure of its powers;
but that, as in all other cases of compact among powers having no
common judge, each party has an equal right to judge for
itself, as well of infractions as of the mode and measure of
redress.
Electoral votes
1800
Candidate
Party
Electoral Votes
THOMAS JEFFERSON
Democratic-Republican
73
Aaron Burr
Democratic-Republican
73
John Adams
Federalist
65
Charles C. Pinckney
Federalist
64
John Jay
Federalist
1
Territorial
Settlement
Patterns
Arthur St. Clair
Thomas Worthington
Legislature--strong
Bicameral
House: annual elections, 25 years
old
Senate: two year terms, 30 years
old
Executive--weak
Governor: direct election, two year
term, 30 years old
can recommend to the Legislature-no
veto
“Commander-in-chief”
reprieves and pardons
Judiciary
Supreme Court, Common Pleas Courts (each
county), Justices of the Peace
Supreme Court and Common Pleas Court
judges appointed by the Legislature for 7 year
terms
Justice of the peace – township, direct
election
Suffrage
“All white male inhabitants above the age of
twenty-one years,” one year residency and
“who have paid or are charged with a state or
county tax.”
Bill of Rights
unalienable rights – life, liberty, property
the people have the right to “alter, reform, or abolish their government”
neither slavery nor involuntary servitude
freedom of religion
protection from unwarrantable searches and seizures
free press
open courts
criminal defense rights
right to assemble
right to bear arms “for the defense of themselves and the State . . .”
access to public schools
powers not delegated “remain with the people”