The United States Constitution (1787)

Article I, 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.

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What internal conflicts led the delegates to create the Senate as a second legislative chamber?

Article I, 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.

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Why did each state’s total population include all free persons plus 3/5^th of all other persons?

Article I, 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.

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How did creation of the Senate resolve internal conflicts between delegates at the Convention?

Article I, Section 7

All Bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other Bills.

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What does this imply about the relative power the delegates sought between the House and the Senate and also the wish for “checks and balances?”

Article I, Section 8

Congress shall have the power to…declare war.

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Why does Lincoln call the South’s secession an “insurrection” rather than asking Congress to declare war?

Article I, 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.

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Does this limitation represent a victory for those opposed to slavery and how does it turn out after 1808?

Article I, Section 9 and Article II, Section 1

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.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

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Do these Articles justify Lincoln’s suspension of habeas corpus during the war, or not?

Article II, Section 1

The executive power shall be vested in a President of the United States of America. He shall 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.

The Electors shall meet in their respective states, and vote by ballot for two persons. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. 

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Why did the delegates create this Electoral College to select the President rather than simply relying on the popular vote count?

Why were the two Senators from each state included in the total number of Electoral Votes granted?

Article II, Section 1

The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately chose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said house shall in like manner chose the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall chose from them by ballot the Vice President.

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In case of a run-off for President in the House, what impact does it have that each state is given the same single vote?

Article II, 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.

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Do you agree or disagree that the definition of impeachable offenses is clear enough, and if so, why?

Article III. 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. 

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 Is this description of the Supreme Court so vague as to be meaningless, and if so, does it appear that the delegates considered it a third co-equal branch of government.

Article IV. Section 2

No Person held to Service or labor 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 labor, but shall be delivered up on Claim of the Party to whom such Service or labor may be due.

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Why did the Southern delegates demand this section and how enforceable was it before the update in the 1850 Compromise?