Jonah Patel
The US Constitution has a variety of sources, from government documents, almanacs, dictionaries, and encyclopaedias to essays, speeches, and letters by the founding fathers. The Library of Congress has a comprehensive collection of primary and secondary sources, including George Washington's letter introducing the Constitution, Alexander Hamilton's speech notes, and Thomas Jefferson's Notes on the United States Constitution. The Library of Congress also provides access to The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, which are considered important sources for interpreting the Constitution. The US Constitution was written in 1787 in Philadelphia by delegates from 12 states, creating a federal system with a national government composed of three separate powers.
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What You'll Learn
Essays, speeches and letters by Alexander Hamilton, James Madison and John Jay
The Federalist Papers, commonly referred to as a series of 85 essays, were written by Alexander Hamilton, James Madison, and John Jay between October 1787 and May 1788. The essays were published anonymously under the pen name "Publius" in various New York state newspapers of the time. The Federalist Papers were written to urge New Yorkers to ratify the proposed United States Constitution, which was drafted in Philadelphia in the summer of 1787.
The essays explain particular provisions of the Constitution in detail. Hamilton and Madison were each members of the Constitutional Convention, so the Federalist Papers are often used today to help interpret the intentions of those drafting the Constitution. The Federalist Papers were published primarily in two New York state newspapers: The New York Packet and The Independent Journal.
Alexander Hamilton, James Madison, and John Jay are considered the authors of The Federalist Papers, though they attempted to hide their identities at the time of publication due to Hamilton and Madison's presence at the convention. Observers correctly discerned their identities, and after Hamilton's death in 1804, a list emerged claiming he alone had written two-thirds of the essays. However, several essays were written by Madison (Nos. 49-58 and 62-63), and five by Jay (Nos. 2, 3, 4, 5, and 64).
The essays can be broken down by author and topic. The first 20 papers are broken down as 11 by Hamilton, five by Madison, and four by Jay. The rest of the series is dominated by three long segments by a single writer: Nos. 21-36 by Hamilton, 37-58 by Madison, and No. 65 through the end by Hamilton, published after Madison had left for Virginia.
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The Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution, during which Federalists and Anti-Federalists disagreed over the need for a bill of rights.
Federalists, or supporters of the Constitution, opposed a bill of rights for much of the ratification period, arguing that state governments were sufficient guarantors of personal liberty. Alexander Hamilton, for instance, argued that "the constitution is itself in every rational sense, and to every useful purpose, a bill of rights".
Anti-Federalists, on the other hand, wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty. Elbridge Gerry's "Hon. Mr. Gerry's Objections", which focused on the lack of a bill of rights in the proposed Constitution, went through 46 printings. Thomas Jefferson also wrote to Madison advocating for a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can."
James Madison, then a member of the U.S. House of Representatives, proposed a series of amendments to the Constitution. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791. Virginia’s legislature was the final state to ratify the amendments.
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. They also include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. For example, the Ninth Amendment states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". The Tenth Amendment further clarifies that "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".
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The Library of Congress' primary sources
The Library of Congress is a treasure trove of primary source material for those interested in the U.S. Constitution. The library's collections contain a wide variety of primary sources, including government documents, reference tools, photographs, and prints.
One of the most valuable resources is the series of essays known as the Federalist Papers, written by Alexander Hamilton, James Madison, and John Jay. These essays, which argue for the ratification of the Constitution, are considered essential for interpreting the document. The Library's Manuscript Division also holds a wealth of manuscripts, including reports, notes, journals, letters, memoranda, and printed items documenting the drafting of the Constitution.
The Library of Congress also provides access to other important primary sources, such as George Washington's letter introducing the Constitution and Alexander Hamilton's speech notes. Students and researchers can also compare Washington's "Constitution with marginal notes" with Jefferson's "Notes on the United States Constitution" to gain insight into their views on the document and the newly formed government.
Additionally, the Library offers a comprehensive collection of online and physical primary source material related to the creation of the Constitution, such as Jefferson's chart of the votes and various notes. These sources allow students and researchers to trace the development of the Constitution from the Articles of Confederation through the Bill of Rights.
The Library of Congress also provides resources for those interested in the case law research that underpins the Constitution Annotated's essays, including links to federal and state court websites and research guides to locate free case law online.
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George Washington's letter presenting the Constitution
The US Constitution is based on a series of essays, speeches, and letters by Alexander Hamilton, James Madison, and John Jay, who argued for its ratification. These sources are considered important for interpreting the Constitution. The Library of Congress Manuscript Division holds a collection of manuscripts from American history, including reports, notes, journals, letters, memoranda, and printed items documenting the drafting of the Constitution.
George Washington, the chairman of the Philadelphia convention, wrote a letter to accompany copies of the draft constitution that were sent to all 13 states. In his letter, Washington emphasised the importance of consolidating the Union and preserving the prosperity, felicity, safety, and national existence of the states. He acknowledged that the Constitution might not meet the full approbation of every state, but expressed hope that each state would consider the consequences of acting solely in its interests.
The following is an excerpt from George Washington's letter presenting the Constitution to the President of Congress:
> "We have now the honour to submit to the consideration of the United States in Congress assembled that Constitution which has appeared to us the most advisable. The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money and regulating commerce, and the correspondent executive and judicial authorities should be fully and effectually vested in the general government of the Union. But the impropriety of delegating such extensive trust to one body of men is evident, hence results the necessity of a different organisation. It is obviously impractical in the federal government of these states to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all."
Washington's letter also included a resolution, signed by himself and dated "In Convention Monday, September 17, 1787". This resolution stated that the Constitution should be laid before the United States in Congress and subsequently submitted to a Convention of Delegates chosen by the people of each state for their assent and ratification.
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The Federalist Papers
At the time of publication, the authors of The Federalist Papers attempted to hide their identities due to Hamilton and Madison's attendance at the Constitutional Convention. However, their identities were correctly discerned by astute observers. After Hamilton's death in 1804, a list emerged claiming that he alone had written two-thirds of the essays. However, it is now believed that several of the essays were written by Madison and others by Jay.
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Frequently asked questions
The Library of Congress contains a wide variety of primary source material, including government documents, reference tools, photographs, and prints. The Library of Congress also provides a guide with access to the series of essays by Alexander Hamilton, James Madison, and John Jay, which are considered important sources for interpreting the Constitution. The Library of Congress' Manuscript Division also has a collection of manuscripts, reports, notes, journals, letters, memoranda, and printed items documenting the drafting of the United States Constitution.
The Library of Congress provides a readable and searchable version of the text of the United States Constitution and its amendments. The Library of Congress also provides classroom materials on the Constitution, which include primary sources such as George Washington's letter introducing the Constitution, Alexander Hamilton's speech notes, and the cartoon "The looking glass for 1787". Government websites also offer free access to court decisions and legal documents online.
The Library of Congress provides a comprehensive collection of online and physical secondary source material related to the creation of the Constitution. The Library of Congress also provides a research guide with links to primary documents relevant to constitutional law and history. The US Code Annotated and US Code Service are secondary sources that contain annotations to court opinions applying or interpreting the law, law review articles, selected administrative agency decisions, and other secondary sources.
