Omar Bennett
The 1787 Constitution included seven articles that defined the basic framework of the federal government. Article I describes the Congress, the legislative branch of the federal government, and includes an explicit protection for freedom of speech. Article II recognised the sovereignty of the states, and the federal government's powers were mostly limited to foreign affairs. Eight state constitutions in effect in 1787 included an amendment mechanism.
| Characteristics | Values |
|---|---|
| Freedom of speech | Explicitly protected by the Constitution in Article 1, section 6 |
| Freedom of the press | Proposed by Charles Pinckney of South Carolina but not included |
| Freedom of religion | Included in state constitutions |
| Right to trial by jury | Included in state constitutions |
| Right to bear arms | Included in state constitutions |
| Sovereignty of the states | Recognised in Article 2 |
| Federal government's powers | Limited to foreign affairs |
| Interstate commerce | Not controlled by the federal government |
| Slavery | Left in place, with the slave trade allowed to continue for 20 years |
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What You'll Learn
Freedom of speech
The 1787 Constitution was drafted to define the character of the new nation of America. It was based on the Declaration of Independence, which was drafted by Thomas Jefferson and adopted by the Continental Congress in 1776. The Declaration of Independence marked the first attempt by the United States to justify their decision to separate from the British Empire and to define some of the "unalienable rights" on which their revolutionary action was based.
The 1787 Constitution included protections for freedom of speech, freedom of religion, the right of trial by jury, and the right to bear arms in the context of a "citizens militia". These protections were included in the form of declarations of rights that articulated the nature of the "unalienable rights" referred to in the Declaration of Independence.
The only explicit protection that the Constitution provides for freedom of speech is found within the provision in Article 1, Section 6, guaranteeing that members of Congress cannot be prosecuted for any "Speech or Debate in either House".
Article 2 of the Constitution specifically recognised the sovereignty of the states, and the federal government's powers were mostly limited to foreign affairs and did not include control of interstate commerce. The convention adopted other compromises, including one that essentially left slavery in place where it existed, allowed the slave trade to continue for 20 years, and provided for representation of slaves by designating each one as three-fifths of a free person.
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Freedom of religion
The 1787 Constitution was drafted eleven years after the Declaration of Independence, which marked the first attempt by the United States to justify their decision to separate from the British Empire and define some of the "unalienable rights" on which their revolutionary action was based.
Most of the state constitutions included "declarations of rights", which articulated the nature of the "unalienable rights" referred to in the Declaration of Independence. These included rights such as freedom of speech, freedom of religion, the right of trial by jury, and the right to bear arms in the context of a "citizens militia".
The only explicit protection that the Constitution provides for freedom of speech is found within the provision in Article 1, section 6, guaranteeing that members of Congress cannot be prosecuted for any "Speech or Debate in either House". Article 2 specifically recognised the sovereignty of the states, and the federal government's powers were mostly limited to foreign affairs and did not include control of interstate commerce.
The Virginia Plan encountered opposition in the form of the New Jersey Plan, whose proponents were less devoted to a strong national government and more concerned with maintaining states' existing equality in Congress. The Connecticut Compromise resolved this issue by allocating representation according to population in the U.S. House of Representatives while retaining equal state representation in the Senate. The convention adopted other compromises, including one that essentially left slavery in place where it existed, allowed the slave trade to continue for 20 years, and provided for representation of slaves by designating each one as three-fifths of a free person.
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Right of trial by jury
The 1787 Constitution included a right to trial by jury. This was one of the 'unalienable rights' referred to in the Declaration of Independence. The right to trial by jury was also included in most state constitutions, which were the first time state political leaders sought to write down the way their governments should function.
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Right to bear arms
The 1787 Constitution was drafted eleven years after the Declaration of Independence, which marked the first attempt by the United States to justify their decision to separate from the British Empire and define some of the "unalienable rights" on which their revolutionary action was based.
The 1787 Constitution included explicit protections for freedom of speech, found within the provision in Article 1, section 6, guaranteeing that members of Congress cannot be prosecuted for any "Speech or Debate in either House".
The Constitution also recognised the sovereignty of the states, with the federal government's powers mostly limited to foreign affairs and not including control of interstate commerce.
The Virginia Plan encountered opposition in the form of the New Jersey Plan, which was more concerned with maintaining states' existing equality in Congress. The Connecticut Compromise resolved this issue by allocating representation according to population in the House of Representatives while retaining equal state representation in the Senate.
The 1787 Constitution also included protections for the right to bear arms in the context of a "citizens militia". This was one of the "unalienable rights" referred to in the Declaration of Independence.
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State sovereignty
The 1787 Constitution did include some protections, but these were limited. The only explicit protection that the Constitution provides for freedom of speech is found within the provision in Article 1, section 6, guaranteeing that members of Congress cannot be prosecuted for any "Speech or Debate in either House". Article 2 specifically recognised the sovereignty of the states, and the federal government's powers were mostly limited to foreign affairs and did not include control of interstate commerce.
The 1787 Constitution was drafted eleven years after the Declaration of Independence, which marked the first attempt by the "united States" of America to justify their decision to separate from the Empire of Great Britain and to define some of the "unalienable rights" on which their revolutionary action was based. Most of the state constitutions included "declarations of rights", which articulated the nature of the "unalienable rights" referred to in the Declaration of Independence, such as freedom of speech, freedom of religion, the right of trial by jury, and the right to bear arms in the context of a "citizens militia".
The Virginia Plan encountered opposition in the form of the New Jersey Plan, whose proponents were less devoted to a strong national government and more concerned with maintaining states' existing equality in Congress. The Connecticut Compromise resolved this issue by allocating representation according to population in the U.S. House of Representatives while retaining equal state representation in the Senate. The convention adopted other compromises, including one that essentially left slavery in place where it existed, allowed the slave trade to continue for 20 years, and provided for representation of slaves by designating each one as three-fifths of a free person.
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Frequently asked questions
The 1787 Constitution included a provision in Article 1, section 6, guaranteeing that members of Congress cannot be prosecuted for any “Speech or Debate in either House”. Article 2 recognised the sovereignty of the states, and the federal government’s powers were mostly limited to foreign affairs. The Connecticut Compromise resolved the issue of representation by allocating representation according to population in the U.S. House of Representation while retaining equal state representation in the Senate.
Yes, Charles Pinckney of South Carolina introduced proposals to the Committee of Detail that included a provision for liberty of the press, but the convention did not act on it.
The 1787 Constitution also included the right to bear arms in the context of a “citizens militia”.
The 1787 Constitution did not abolish slavery, but it did allow the slave trade to continue for 20 years, and provided for representation of slaves by designating each one as three-fifths a free person.
