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tv   Drafting the U.S. Constitution  CSPAN  September 17, 2017 9:58pm-10:34pm EDT

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gov. sununu: what's next for me, politically speaking, this is it. i have no desire to go to washington or anything like that. i am almost addicted -- we call it "603 pride" -- that is our area code. our state has so much to offer. i took a step away from my business, because i knew that we could do better. there is still untapped potential here in new hampshire. even in the first six months, i think we have come so far in terms of being open to business, reducing our taxes, reducing regulation, doing all of those things to make sure new hampshire is not just on the forefront but is really the gold standard in terms of providing opportunity for individuals. i love what i am doing now. i'll keep being governor. hopefully, we will go back to a normal life at some point. but for the state, we still have our challenges. there's no doubt about it. the good news is we do not let politics get in the way.
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we just head right at it, and we make sure that if we are ranked third or fourth or seventh or eighth in the country, i want to be ranked first. have the best schools in the best opportunities for businesses. and we are far and away the lowest tax base. doing good on that one. i want to make sure that the live free or die spirit does not disappear. that we are not just getting lazy or complacent and falling back like other states. we are different. we are new hampshire. this is a special place. anyone who comes here quickly realizes it. that is why you have such influx in terms of immigration into the state. when people come here, they realize the special intangibles we have. but you have to stay on top of it. and if we do so, i think there is no end to the potential we can truly have in this state. >> governor sununu, thank you for your time. our city's tourist after
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easily traveled to concord, new hampshire, to learn about its rich history. you are watching american history tv, all weekend, every weekend, on cspan3. >> each week, american artifacts into historic sites around the country. up next, we visit the national constitution center in filled up yet to learn about the creation of the u.s. constitution and see several rare early drafts of the constitution. jeffrey: welcome to the national constitution center. i'm jeffrey rosen, president of this wonderful institution which is the only institution in america chartered by congress to disseminate information about the u.s. constitution on a nonpartisan basis. today i am so excited to show , you a new gallery we have
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just opened. treasures," which contains the five rarest early drafts of the u.s. constitution. not even at the constitutional convention were these five drops -- drafts displayed in the same place. now thanks to a great partnership with the historical society of pennsylvania and the wonderful support of david rubenstein, we have been able to open this gallery and tell the story of the evolution of the text of the constitution into the draft that was ratified in 1787. it is so exciting. i can't wait to show it to you. let's go inside and take a look.
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in many ways, this gallery tells the story of the underappreciated hero of the constitutional convention, james wilson. we have all heard of james madison, and hamilton, and washington. james wilson was the intellectual architect of the idea behind the constitution. that we do people have the sovereign power. that was the big idea in the preamble of the constitution. it was not the way things started when the delegates came to philadelphia to draft the constitution. they came as individual representatives of sovereign states. but wilson who had served in the , continental congress, saw that the articles were too weak to achieve centralized purposes and wanted a stronger central government and president elected by the people. he insisted that we the people of the united states as a whole are sovereign. not the people of each state and not the parliament as in britain. that brilliant idea was what lincoln invoked when he insisted that the south had no ability to
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secede without the consent of the people of the u.s. as a whole. it is the foundation of the idea in the preamble. in this amazing gallery, we will see the evolutions of wilson's draft. we're about to see wilson's draft. i will tell you a little bit about him. he was born in scotland. he went to saint andrews university. he came to america to study at ben's new college of philadelphia. he served in the continental congress where he became concerned that the central government did not have strong enough powers. he was initially opposed to independents which got him in trouble with the philadelphia mob who came to his house to denounce him, but he changed his mind and became a strong supporter of independence. he was anti-slavery. he was a pennsylvania delicate -- delegate for the constitutional convention. wilson and madison were the two intellectual leaders of the
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convention. they had different ideas. madison believes that the people can degenerate into mobs and demagogues, and popular passions have to be checked in order to ensure direct democracy does not degenerate. wilson and madison had a big debate. wilson became a very distinguished supreme court justice. he died in debt. it was a sad ending to a heroic career. right now we're about to see the , very first draft of the u.s. constitution written by james wilson. now we are going to see the rarest draft of the u.s. constitution in american history. the very first draft. many of us know the copy in the national archives. but that was the final copy. every important document has a first draft, and this is it.
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it was drafted on july 24, 1787. remember, the constitutional convention begins on may 25. i remember that because the address of the national constitution center is 525. two months later, it was the first time the committee created this draft. how did it end up here? it belongs to the historical society of pennsylvania. james wilson died in 1789, the year the bill of rights was proposed. he gave this document and other papers to his son, bird wilson. bird wilson dies in and gives it 1859 to his relative, and she gives it to the historical society of pennsylvania. they had it for a long time. their visionary interim president said all of these
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priceless documents are here at the historical society. wouldn't it be wonderful if americans from around the country could see them? the historical society is lending them to the constitution center to be displayed here on long-term loan. that is why it can come and see them for the first time. look at wilson's beautiful handwriting, which is still legible. let's pause for a second and think about how exciting this is, the first time anybody sat -- that anyone tried to set down the constitution, they saw this draft. there are no significant parts about it. there are is no preamble. thanks to wilson, the final drafts would begin with "we the people." it says it should consist of the three branches. that is the most important thing we have to know about the constitution. but there are three separate branches of government. those were the first words of
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the first draft. we know congress does not have specific powers listed. instead, it says congress can make laws for the general interest of the union. and to address problems the states cannot handle on their own. the presidential term is six years. there is a single term for the national executive. that is going to change a bunch of times during the amendment process. we can look at wilson's beautiful handwriting. at the constitution center, we want all americans to be able to study the evolving text of the constitution so you can learn from it and see how it evolved. that is why we have created this great online tool that i want you to check out after you finish watching this show. we have it here on our touchscreen. you can get it online at constitutioncenter.org/treasures
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. this is basically the printed version of each of the texts we display here. we are talking about the july 24 version. you can now see these are the very first words of the u.s. constitution committed to paper. the government of the united states will have three branches. if there is nothing else we know about the constitution, let's remember that it has three branches. number two, that the legislature of the united states ought to consist of two branches. that was a huge struggle. they spent the first few months about whether there would be a single legislative body or bicameral. then there was a crucial question about how the two branches would be elected. representatives of the big states led by virginia said we want popular elections. representatives of the small states like new jersey said, no, we want each state to have two representatives.
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roger sherman, in the connecticut compromise decided , to mix and match. the house is popularly elected. the senate has two representatives per state. you see that in this first draft resolved that the first branch should be elected by the people, for a term of two years. the second branch should be chosen by the individual legislatures. until the passage of the 17th amendment it was the state , legislators not the people who chose senators. side, you can compare how the drafts change. we have already talked about how there is no preamble in this draft. we see also that the infamous compromise that allowed the states that were determined to preserve slavery to accept the constitution. but the framers agreed on the basis of free inhabitants plus 3/5 of all other persons, to tax
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an earlier attempt to tax the states. made noly, revealed or longer relevant by the 13th amendment which abolishes slavery. this compromise is in the early draft. we see the six-year term which will change a bunch of times. we see the senate appoints supreme court justices without any involvement from the executive. now the president appoints them. ,the senate confirms. the first draft had only the senate confirming. the amendment process. they want amendments that are unclear how they should be passed. september 12, they come up with a process to amend the constitution. let's look at the last provision. it does not have the vetoes of ratification. this is crucial. the framers are proposing a constitution, but it is not until it is ratified that it
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achieves the status of supreme law. the very first draft says there should be ratification because without a process but it says that people choose representatives. that represents wilson's belief that we, the people, are sovereign. the constitution can only be ratified in our name. and our right to govern comes from god or nature, not from government. we have an unalienable right to abolish government whenever it feels to protect the natural rights we retain during the transition from the state of nature to civil society. these are spelled out in the bill of rights. which the constitution does not contain. that is represented by the ratification process. the ultimate contribution of james wilson, the sovereignty of we the people. we have learned all of that from the very first draft. it is only let's look at the july. second draft.
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we are going to see the first time the constitution expresses the idea of we the people. now we are going to see the second rarest draft of the n historyion in america also written by james wilson. , this was written august 3, 1787, after a 10 day break. it came out of the committee of detail, which was a geographically diverse group assembling different resolutions. it is amazing to read wilson's you default handwriting but also to see how dramatically the constitution is evolving. the most important evolution in the second draft is wilson's immortal preamble, we the people of the states of new hampshire, massachusetts, rhode island, and so forth. why did wilson name all of the individual states? after all, he believed we people
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of the united states as a whole are sovereign. some thought it was a vestige of a time where we the people of the states were sovereign, others that they just wanted to signal how many states were ratifying. we will see in the final draft the language of the individual states is left out and we become the people of the united states. let's check out the text. it is so exciting to compare the evolution of the preamble. we are going to back over here to the great interactive. you can check it out online. here is the manuscript of the committee of detail report. look there is the original , preamble. we the people of the states of new hampshire, connecticut, and rhode island, new york, new jersey, pennsylvania, delaware, north carolina, south carolina, and cleara do ordain
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and establish the following constitution for the government of ourselves and our posterity. it does not have the inspiring establishedut justice and so forth. it just says, ordain and establish the following constitution for the government of ourselves and our posterity. let's scroll down a little bit. draft says. the style, the name shall be the united states of america. isn't that exciting? that is the first time that we see on paper the words united states of america. let's see what changes are taking place. we now have a short preamble. we have congressional powers getting specified. congress now has the power to make resolutions and declare war. that would have given congress more decisions during wartime. later, the president took a greater role. the necessary and proper clause
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is very important to defining congress' powers. specific, only had enumerated powers. the u.s. constitution gives congress the flexibility to pass laws necessary and proper to carry out its powers. the scope of that clause remains hotly debated today. the appointment power, now the senate has treaty making power as well as the ability to appoint supreme court justices. still the president has no role in these crucial duties. the election of the president. look at this. there is an election but the president is chosen by the legislator. that was james madison's innovation. he is afraid of demagogues and the mob. he fears a directly elected president or a president who communicates directly with the people would be an invitation to demagogues and tyranny, so he
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wants the president elected by the legislature. that is what happens in this draft over james wilson's objections. james wilson said, no, we need an election by the people. later, we will see a compromise in the electoral college. the title for the president shall be his excellency. he shall be elected by ballot by the legislature. amazing. the presidential term has now expanded from to seven six years. the president chosen by the legislature is limited to a single term. the framers do not want to encourage the executive to seek favor with congress to be reelected. they think he will be independent if he has a single seven-year term. we begin to see the outlines of an amendment process. 2/3 state legislatures can ask congress to call that is in the another convention. that is in the final version of the constitution.
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even today, a number of states have called for a balanced budget amendment. remains part of the constitution. in the final change, ratification. we have more information about ratification but a blank space for the number of states needed that required -- number of states required to approve ratification. this is crucial. the constitution, the ratification process specified even in the second draft is illegal according to the ratification process. the articles says it can only be amended by all 13 states. this provision says a certain number of states less than possibly the whole would be sufficient to ratify the constitution in the name of we the people. it was illegal because framers were invoking their natural law.
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their natural and inalienable andt to abolish government reverting to that original power they insisted they could choose , a ratification procedure that was illegal according to the existing methods of ratification. all of that, just in the second draft. so exciting. and now, we are in early august. let's now move further along in august and see in the next draft the preamble that we know and revere today we the people , of the united states. let's go see it now. welcome to draft three of the constitution. it is september 12, 1787, five days before the constitution is proposed. a lot of really important , crucial changes are being made at the last minute. these changes come out of the committee of style. that is a committee with an elegant name and impressive group of members.
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they include alexander hamilton, and governor, morris. governor morris was an impressive delegate from pennsylvania. he had a peg leg and he was a beautiful stylist. and he was responsible for the crucial stylistic change in the u.s. constitution, which is in this draft of the committee of style, the preamble for the first time says, "we the people of the united states." not we the people of the states rhode island and so forth. why was that change made? some say it is merely a stylish change because the framers did not know which states would ratify. so they hedged their bets by keeping it more sinc concise
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and shorter. others disagree and say the change was a tangible expression of james wilson's belief that we the people as a whole are sovereign. not we the people of the individual states. there are another series of really important changes. congressional power is altered. congress now has the power to declare rather than make war. the presidential term is four years. they eliminated the term limits of the seven-year term. plus, it is election by the electoral college. that was the compromise wilson was not able to get. the electoral college was considered a group of wise delegates who would know the best candidates and would be able to exercise independent judgment and choose the finest candidates in the land. that hope was soon obviated by the growth of the party system
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after the election of 1800 which changed the electoral college from the start. this draft is signed by jacob broom, a delegate from delaware. it includes his notations. it is thrilling to read article one, section eight on the powers of congress. this draft says congress may by joint ballot appoint a treasurer. it is scratched out and says instead congress has the power , to collect taxes. that is the draft we know. isn't it amazing that it is september 12, and they are just cutting and pasting and scratching words out. let's go back to the interactive. let's look at a couple of other crucial changes. let's go see it. here we are at the text of the document we just saw. let's read the preamble which is
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evolving into its final form. we the people of the united states, in order to form a more perfect union, establish justice and insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty, do ordain and establish this constitution for the united states of america. isn't it amazing even on this draft, jacob broom has scratched out the prepositions so it just says "establish justice to come there are some other fascinating annotations. you can check them out online. we have the idea that the senate tries impeachments on oath and affirmation for the benefit of quakers and others scrupulously against swearing. time and manner of holding elections is prescribed by each
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state. congress can make regulations except for the place of choosing senators. that was a last-minute addition. let's look at other changes on the side. we've talked about this crucial change in the preamble and also the aim of forming a more perfect union. finally the president has the , power to make treaties and appoint supreme court justices along with the senate. the senate provides advice and consent. that was september 12, a very important addition at the last minute. the amendment process is almost fully spelled out. congress can propose amendments with the support of 2/3 of each house or state legislature. we saw a version of that in the earlier draft. it was resurrected. 3/4 of the legislatures are state dimensions. ratification says the people in enough the 13 states is
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to ratify as long as they call special conventions for the purpose. we are almost there. it is the time for constitution day, september 17. we are going to see the very final draft of the u.s. constitution. ladies and gentlemen it is , constitution day, september 17. and we have the final version of the constitution, which is printed for the delegates to debate and share with congress and the states. how exciting to think that this printing of which only a handful of copies survive, constitutionally significant than the one in the national archives. this is the copy the delegates themselves debated and ultimately we the people debated in deciding whether to ratify. upstairs, we have a copy printed in the pennsylvania packet
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newspaper on two days later. september 19,that draft was widely circulated among people, the most dramatic expression of the people's ability to ratify. couple of really important changes at the last minute. isn't it stunning to think how much you can do with a deadline? from may 25 through september 17, the entire constitution is drafted. it is really important it is done in secret. the windows are closed. there are no leaks. you cannot undo compromises or make them because people are able to shift their positions because they are not being called out at every moment. we see some very important changes as a result at the last minute. veto overrides. the number of people necessary to override the president's veto /3.lowered from 3/4 to 2 the amendment process is finally specified.
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2/3 state legislatures can ask for convention. article five says an amendment can never deny a state equal representation in the senate without the state's consent. uneventful -- .namendable provision law students love debate whether that is a violation of the people's rights. let's save that for another session. let's go inspire ourselves patriotically by returning to the text and seeing the final tweaks in the last draft of the u.s. constitution. here is the very final draft of the u.s. constitution. a couple of crucial changes made at the last minute. we have talked about some of them. here is one we have not talked about yet, representation in congress. originally, it says there can be
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no more than one representative for every 40,000 people in the house. now it is less. before signing, george washington wanted a motion that the number be changed to 30,000. it was the only time during the convention he voiced his opinion. the other delegates unanimously agreed. if you come to the constitution center or go online, you will see the very first amendment to the constitution that was proposed but not adopted in what became the bill of rights said there should be one representative in congress for every 30,000 inhabitants. had that passed, there would be 4000 congress people today. couple of other crucial changes. the appointment power. this is where the kramers finally decide to allow to appoint inferior officers without the senate's approval. that is the source of the president' is power to appoint some people without congressional approval. without that, it would be very
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hard for any president of either party to get anyone appointed. one last detail a call for , unity. three important on constitution day to inspire ourselves with this great call. ben franklin, on the last day of the convention, encourages unanimous support of the constitution. he proposes the final text that was added which included "by the unanimous consent of the states present." that allow the signers to say they were only witnessing what was done by the convention even if they had individual reservations. despite this, three delegates present refused to sign. you can see with those are by going upstairs. in the back of the room are the three who refused to sign. eldridge gary of massachusetts. drawmandering is when you districts so funny shaped to protect incumbents. did in what gerry
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massachusetts. edmund randolph of virginia, and george mason of virginia. he refused to sign the constitution because it did not contain a bill of rights. why not? because james madison among others said a bill of rights would be unnecessary or dangerous. unnecessary because the constitution itself is a bill of rights. it gives congress only enumerated powers. since congress has no power to infringe free speech, there is no reason to fear it would endanger free speech. dangerous because people might assume if the right was not written down, it was not protected. the framers believed our rights are so important that they come from god and not government and to try to reduce things to a single list would be folly. in the face of the objections from three federal list, madison changed his mind. he was a practical politician. he almost lost a house election in virginia and and he came to support the adoption of additional amendments to prevent further abuse of powers.
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but we are now going to do in this final section, we have been seeing these rare, priceless, earliest drafts of the constitution went by the pennsylvania historical society. we are now going to see the first public printings of the bill of rights. we will see how madison's original list of 19 amendments were whittled down to 10. let's go see those now. we're about to see the first 19 amendments proposed. 10 were ratified, known as the bill of rights. the 19 appear in the gazette of the united states on october 3, 1789. you can find them online at the interactive constitution. this is this amazing, new online
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tool. 11 million hits since it launched a little over a year ago. you can click on any provision of the bill of rights and see the liberal and conservative scholars describe what they disagree and agree about. you can click on any parts of the bill of rights and see it's antecedents. when madison made this list of 19, he did not make it out of thin air. he had the state constitutions like george mason's virginia declaration or the massachusetts declaration. all of them had bills of rights. madison drying on those lists, cut and pasted the most popular to create the original list of 19. there is one that madison thought was the most important. here it is. it says no state shall violate conscience,ghts of freedom of the press, or write
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to trial by jury in criminal cases. this is revolutionary. the final bill of rights that was passed only applies to congress. the first amendment says congress should make no law abridging the freedom of speech. it does not say the states should make no law. madison thought these basic rights of conscience and freedom of press and trial by jury were so fundamental that states and congress should not be able to abridge them. madison lost that battle. that amendment did not pass along with several others. there are 19 on this list. it took the civil war to pass the 14th amendment, which has been construed today as applying the bill of rights against the states. so that today, states as well as the federal government are prevented from abridging basic human rights. this list of 19 is fascinating for all sorts of reasons. it was created in the order that the provisions were supposed to be inserted into the constitution. the very first proposed amendment says that there be
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prefixed to the constitution a declaration that all power is originally vested in and derived from the people. it goes on to say the government is instituted and ought to be exercised for the benefit of the people. which consists of the enjoyment of life and liberty with the right of acquiring property and the pursuit of happiness. it goes on to say the people have an unalienable right to reform or change their government whenever it be found adverse or inadequate to the purposes of its institution. that is astonishing. what document does that sound like? that sounds like our declaration of independence. it sounds like the second sentence of the declaration. all men are created equal, endowed by the creator with certain unalienable rights. and whenever government becomes destructive of these rights, it is the r

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