EXPLANATION. In the following Analysis, each clause of the Constitution is placed at the head of a page, and is immediately followed by a notice of its origin. If the same or a similar power or provision had been contained in any of the Articles of Confederation, the article, or the portion of it containing the power, is inserted. This is followed by the proceedings upon it, in the Convention, showing the form in which it was introduced, the modifications to which it was subjected, and a synopsis of the debate to which it gave rise, until it assumed its final shape and place in the Constitution. To this is appended an abstract of the judicial constructions which have been given to it. (36) ANALYSIS OF THE CONSTITUTION. PREAMBLE. WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, 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. Confederation. Articles of confederation and perpetual union between the States of New Hampshire, Massachusetts, &c. Mr. RANDOLPH'S PLAN. "That the Articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution, namely, 'common defence, security of liberty, and general welfare.' 999 Mr. PINCKNEY'S PLAN." We, the people of the States of New Hampshire, Massachusetts, &c., do ordain, declare, and establish the following CONSTITUTION, for the government of ourselves and posterity." In Committee of the Whole. On motion of Mr. RANDOLPH, on the suggestion of Mr. G. MORRIS, it was, Resolved, "That a national government ought to be established, consisting of a supreme legislative, executive, and judiciary." Yeas - Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 6. Nay Connecticut. In this form it was reported to the Convention, when Mr. PATTERSON, on behalf of those members who desired to enlarge and improve the Articles of Confederation but not to establish a national government, proposed the following substitute: Resolved, "That the Articles of Confederation ought to be so revised, corrected, and enlarged as to render the Federal Constitution adequate to the exigencies of government and the preservation of the Union." The two propositions being under discussion, Mr. LANSING stated the distinction to be, that the plan of Mr. Randolph "absorbed all power except what may be exercised in the little local matters," while that of Mr. Patterson sustained "the sovereignty of the respective States. Mr. RANDOLPH said, "The question is, whether we will adhere to the federal plan, or introduce the national one." On the question whether Mr. Randolph's plan should be adhered to, or that of Mr. Patterson substituted,— Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia, 7, voted for the former; and New York, New Jersey, and Delaware, 3, for the latter; Maryland, divided. On motion of Mr. ELLSWORTH, the words "a government of the United States" were substituted for "a national government." It went in this form to the committee of detail, who reported, "We, the people of the States of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare, and establish the following Constitution for the government of ourselves and our posterity." The committee of style and arrangement gave it the present form. No reason seems to have been assigned for the change. Judicial Constructions. — The Constitution of the United States was ordained and established, not by the United States in their sovereign capacities, but, as the preamble declares, by the people of the United States. It was competent for the people to invest the national government with all the powers they might deem proper and necessary, and to give them paramount and supreme authority. The people had a right to prohibit to the States the exercise of any powers, &c., and to reserve to themselves those sovereign powers which they might not choose to delegate to either. The Constitution was not, therefore, carved out of existing State sovereignties, nor a surrender of powers already existing in the State governments. On the other hand, the sovereign powers vested in the State governments by their respective constitutions, remain unaltered and unimpaired, except so far as they are granted to the government of the United States. The government of the United States can claim no powers which are not granted to it by the Constitution, either expressly or by necessary implication. The Constitution, like every other grant, is to have a reasonable construction, according to the import of its |