Here’s a recent article I wrote as an instructor for the George Washington School of Freedom. Which is why it includes instructional objectives at the beginning and points to ponder at the end. This is the unedited version and is rather lengthy. I’ve included the full text in case anyone feels quite ambitious and desires to read a longer treatise on my topic.
Objectives: At the end of this lesson, the student will understand:
• The circumstances which led to the need for the 13 colonies (or states) to form a confederation
• What was at stake for each of the founders in declaring independence and fighting against the British Crown
• The sacrifices that were made by those who laid the foundation for our freedom
• How the United States Constitution came to be
• Why I love the US Constitution and why it should matter to each of us
Introduction
Two winters ago I attended a memorial service conducted for a fallen veteran who had served his country honorably for several decades. His fellow soldiers raised a flag in his honor, conducted a 21-gun salute, lowered and folded the flag and presented it to his grieving widow.
As this ceremony was being conducted, and I watched the events of this ceremony unfold, I felt a swelling in my breast, an intense love for my country, and a patriotic pride that brought tears to my eyes.
Soldiers, 21-gun salute, flag; these are all symbols, but they all have meaning. Those meanings, to me are embodied in the Constitution of the United States of America.
Background Information to understand the answer to the question
Why do I love the United States Constitution? Because of where we started, and where our journey has carried us thus far. If our ancestors had not known the oppression of an unjust government, perhaps freedom would not have been the jewel to us that it is. We would not have understood it’s true value, and our forefathers would not have fought so hard to obtain it to begin with. So what exactly were the beginnings of our nation?
Right up until that fateful day of the submission of the Declaration of Independence, the vast majority of the American colonists considered themselves loyal British subjects, subject to the same rights and protections as any other subject of the British Crown whether at home or abroad.
The three types of colonial governments
After all, there were three different types of Colonial governments—all founded under British Common Law. The first type of government was a Provincial Government (or English Provinces) which was formed by Royal commission. A Governor, appointed by, and totally beholden to the King, acted as the King’s representative in that government. A deputy was also appointed by the commission as an assistant to the Governor. The King also appointed a council, and all three individuals and bodies had to do whatever the King told them to do. New Hampshire, New York, Virginia, North and South Carolina, and Georgia were all Provincial governments.
The second form of colonial government was a Proprietary Government. These were formed by written grant from the crown to one or several persons acting as a Proprietary, or Proprietaries. This grant conveyed to them the rights of the soil and also general powers of government. They could appoint their own Governor, form the own councils, but in the end, they were still accountable to the King. At the time of the American Revolution, there were only three colonies formed in this manner, Maryland, held by Lord Baltimore as Proprietary, and Pennsylvania and Delaware, held by William Penn as Proprietary.
The third and last form of colonial government found among the American colonies was a Charter Government, which was created by letters patent, or grants from the Crown. These grants conferred on the grantees and their associates the soil within their territorial limits, and all high powers of legislation and government. The charter contained a fundamental constitution for the colony, which distributed the powers of government into three departments, legislative, executive, and judicial. The charter granted authority to the grantee to appoint the members for each body. The three colonies who, at the time of the American Revolution were Charter Governments were Massachusetts, Rhode Island, and Connecticut.
American Colonists were British Subjects
Under English Common Law, there is a well-established doctrine that provides for portability of the laws of England, such that whenever a British subject or subjects, discovers an uninhabited country, those same laws, which are in force in the mother country, are also in force on the newly discovered soil and upon the transplanted inhabitants.
There is an entirely different policy in force when a nation is acquired by conquest, but since the English did not consider the native Indians natural inhabitants, they did not choose to apply the second legal standing, so I will only discuss the first.
Regardless of whichever standing was the case, every single individual who originated from Britain, still considered themselves British subjects, obligated to the same laws as their fellow British subjects who remained at home, and also protected by her laws.
So under English Common Law, it was logical for these colonists to assume that they would be given all the same rights and protections of any other loyal British subject. A cursory examination of early colonial history however, shows us that this was not the case. Writs of assistance from the British Crown against colonial merchants, excessive taxation, the maintenance by the British, of a large standing army on American soil, the Sugar Act, the Quartering Act, the Currency Act, the Stamp Act, and the Townshend Acts, all served to fan the flame of discontent amongst the colonists against the British Crown.
Thomas Jefferson Reminds the King about Colonial Status
It was in light of these many abuses of the Crown against the American Colonies that prompted Thomas Jefferson to write a paper reaffirming the rights of the colonists in 1774. It was titled, “A Summary View of the Rights of British America” which got the attention of the King, but did nothing to stem the tide of abuses. Jefferson’s paper detailed all the reasons why the English colonist had common law rights as British subjects, and accused the Crown of ignoring and abusing those rights.
If there were ten primary points which outline the thinking of the American Colonists at this time in history and which colored their thoughts and actions, it would be these*:
- The American colonists are entitled to life, liberty, and property, and that they had never ceded to any sovereign power a right to dispose of either without their consent.
- Their ancestors, who first settled the Colonies, were, at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects within the realm of England.
- That by emigrating they in no way forfeited, surrendered, or lost any of those rights; but that they were, and their descendants now are, entitled to the exercise and enjoyment of them.
- That the foundation of English liberty is a right in the people to participate in their legislative councils and that by nature of their proximity to the location of the government seat, they should be allowed under English law to set up their own legislative councils for limited self-determination.
- That the respective Colonies are entitled to the common law of England, and had never rescinded their right to trial by jury.
- That the colonies are entitled to the benefits of English statutes
- That they are entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured to them by their several codes of provincial law
- That the colonists have a right to peaceably assemble, consider of their grievances, and petition the King, without fear of prosecution, unjust proclamations opposing the same, or being thrown into jail for doing so, and that any such actions taken by the government, is illegal.
- That keeping a standing army in the Colonies in times of peace without the consent of the legislature of that Colony is against the law.
- That any councils setup by the Crown without permission and consent of the colony over which it governs, defies good government
(* the above is a paraphrased list from “A Familiar Exposition of The Constitution of the United States” by Joseph Story and republished by the Conservative Book Club in 1997)
But in spite of Jefferson’s petition for redress (or perhaps because of it), things went from bad to worse. On April 19, 1775 the British Redcoats fired on the American Colonist upstarts at Lexington and Concord. Two months later at the Battle of Bunker Hill, the British shot or bayoneted over 450 Americans.
The British suspended all rights in Massachusetts and Boston was occupied by British troops. King George, for all intents and purposes, disowned the American colonies. He openly announced that if the colonies were attacked by foreign foes, Britain would offer them no help. American ships were considered “free booty” which meant that it would be legal to capture any American vessel on the high seas and take it over, cargo and all. The crew would then be pressed into military service for the British navy. In light of all that was happening, the colonists could see no other recourse but to declare their independence from the British Crown and strike out on their own.
To do so however, was an act of high treason. But emotions were high, and many American patriots felt there was no turning back. The words of Patrick Henry carried the spirit of the day – “If this be treason, let us make the most of it!”
The very act of signing the Declaration of Independence was treason against the mother nation of Great Britain. But the stakes were high, and if their objectives were achieved, it would all be more than worth it. And so in the final sentence of the Declaration of Independence, our founding fathers put it all on the line for them, and for us and all our progeny: “And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.”
It is important to remember, that this was no idle statement uttered in the heat of passion, but a carefully thought out and measured response to a monarchy who treated their own colonies as one would treat an enemy. But consider what the consequence for their bold act would have been had they been caught.
At the time of the Revolutionary War, Britain’s penalty for high treason was to be hanged by the head until unconscious, then cut down and revived, then disemboweled and beheaded, then cut into quarters, with each quarter boiled in oil. The remnants were then scattered so that there would be no last resting place for the alleged traitor and that they would then remain forever “unnamed, unhonored, and unknown.”
Many made sacrifices to make America possible
The sacrifices made by those who fought to preserve our liberties and freedoms are often discounted or ignored, but it is important for us to remember the degree to which many suffered severely in the process of giving birth to our nation.
Herein is contained a brief review of the trials and deprivations endured during this tumultuous time. Soldiers trudged through icy waters—many of them suffered from hypothermia and frostbite, while others drowned in the frigid waters. In some instances, when food supplies gave out and in order to survive they ate broth made from boiling their moccasins and leather breeches and they killed and ate their dogs or in some extreme cases they attempted to subsist on firecakes and water. Through several winters between 1776 and 1780, many froze to death or died from starvation or disease. They went half naked and shoeless, because of lack of supplies, and because of greed and lack of compassion from their fellow Americans. Blankets were so scarce that soldiers would sit up all night rather than fall asleep and freeze to death. Soldiers often did not receive the promised pay to help support their families.
It was during such times as these, that troops were on the verge of hopelessness and giving up, that inspired George Washington to use the words penned by Thomas Paine to encourage his troops to look past their trials, and rally them at a critical point during the war.
“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman.”
And rally they did. It was a turning point of the war, as Washington and his troops took Trenton from the British. We truly owe these patriots our love, gratitude and thanks for those who suffered, fought, and died in order to provide us the freedoms inherent in the Constitution.
The Articles of Confederation had no teeth
Had our government been organized properly prior to the American Revolution, much of the suffering could and should have been avoided. Many of those trials and tribulations were in fact caused by the weakness and impotence of the Articles of Confederation.
In his book “A Familiar Exposition of The Constitution of the United States of America,” Joseph Story, one of the first Supreme Court Justices of the United States, makes this observation about the Articles of Confederation:
“The Continental Congress, thus organized by a voluntary association of the States, and continued by the successive appointments of the State legislatures, constituted, in fact, the National Government, and conducted the national affairs until near the close of the Revolution, when, as we shall presently see, the Articles of Confederation were adopted by all the States. Their powers were nowhere defined or limited. They assumed, among others, the power to declare war and make peace, to raise armies and equip navies, to form treaties and alliances with foreign nations, to contract public debts, and to do all other sovereign acts essential to the safety of the United Colonies. Whatever powers they assumed were deemed legitimate. These powers originated from necessity and were only limited by events; or, in other words, they were revolutionary powers…The Articles of Confederation had scarcely been adopted, before the defects of the plan as a frame of national government, began to manifest themselves…It was remarked by an eminent statesmen, that by this political compact, the Continental Congress has exclusive power for the following purposes, without being able to execute one of them:–It may make and conclude treaties, but can only recommend the observance of them, It may appoint ambassadors, but it cannot defray even the expense of their tables. It may borrow money in its own name, or the faith of the Union, but it cannot pay a dollar. It may coin money, but cannot import an ounce of Bullion. It may make war, and determine what number of troops are necessary, but it cannot raise a single soldier. In short, it may declare everything, but it can do nothing…”
And so, because there was no way to enforce the provisions found within the Articles of Confederation, the fledgling nation was left to flounder both during the Revolution, and particularly at its end. In fact, had it not been for the able leadership of George Washington to prevent it, there were those who were prepared to fund a military coup post revolution to make sure their financial interests were protected.
Post revolutionary conditions were as bad as things had ever been in this country, including things as they are presently. It is this fact that gives me the greatest hope that in returning to the principles and values upon which this great nation was founded, we will return her to be the “shining beacon on the hill” that she once was.
At that time in our history, conditions were beginning to lean towards anarchy. Unpaid soldiers were hunting down the leaders of the Continental Congress who had gone into hiding for their own protection. The nation’s economy was suffering from a severe depression. Inflation was rampant. Taxes were skyrocketing. Homes, farms and businesses were being foreclosed on in droves (even more than today percentage-wise). People who couldn’t pay their bills were cast into debtor’s prison. It was this environment that set the stage for Shay’s Rebellion—a group of angry farmers led by Daniel Shay, to protect their homes, farms and livelihoods from foreclosure.
The Articles of Confederation had given the colonies, which were now States, their raw freedom, while lacking the ability to protect their economic stability. Raw freedom without economic stability is not the “pursuit of happiness.” Shay’s Rebellion was a bellwether to the politicians of the day, that something more needed to be done to protect the newly formed republic.
One of the primary problems and causes of unrest, was that although representatives from each state had pledged the support of their respective states to this new temporary form of government, none of the states were fulfilling their agreed upon obligations. Amongst all the chaos, it was in this darkest hour of peril that the founding fathers determined the need for a Constitutional Convention. Thanks to the heavens for inspired men who rose to the task and hammered out the issues and concerns, which led to the forging of the document we now call our United States Constitution.
Paving the way for the Constitutional Convention
What became the Constitutional Convention did not start out that way. In fact repeated calls from George Washington for the states to send delegates to represent their respective states for a Constitutional Convention were ignored outright. It wasn’t until representatives from Maryland and Virginia were able to work out a bitter trade feud on Washington’s back porch at Mount Vernon, that the two states issued a call to the other States to send delegates to a Trade Conference where all states could work out their trade differences at the same time, that the states got serious about sending delegates. What began as a Trade Conference, ended up being the Constitutional Convention, which laid the foundation for the government of the United States of America; a government of We The People.
Everyone should understand the Constitution; ESPECIALLY public officials
Upon taking office, every elected official in every office in the nation places their hand on a bible and takes an oath to protect and defend the Constitution of the United States of America.
In the most recent elections in both local and state races, I heard candidates asked about where they stood on specific constitutional principles. I was shocked and surprised to hear many proclaim that they “were not running for a national office and therefore it was not necessary or practical for them to understand or apply constitutional principles to their respective races.” This indicates to me, a gross ignorance on their part, of the history and purpose (and principles) of the United States Constitution.
No person should be allowed to run for office that does not understand and love the United States Constitution. The US Constitution contains all of the elements and principles of liberty and freedom regardless of our office and standing.
As I have stated previously, prior to the US Constitution’s institution on this continent, the states were in chaos and turmoil. Our fledgling nation was at the precipice of falling apart and back into the hands of the British, or even some other conquering nation. The political and financial situation of these new United States was significantly worse than ours is presently. However, the very moment the US Constitution was implemented, and principles of freedom were allowed to proliferate, our nation and all the people in it began to be prosperous. Without knowledge and understanding of the principles that make us prosperous, no politician can practice good government to make it possible at local, state, or at the national level.
Our US Constitution equals FREEDOM!
I love the United States Constitution because it contains the principles, which vests all the power to the people, and makes all of us, truly sovereign and free. There are those who attempt to enslave us, through political, financial, or legal means. The ONLY way they can accomplish their nefarious goals, is to subvert the principles of the United States Constitution.
The Articles of Confederation proved that merely having a loose compact between the states was a recipe for disaster. A careful study of the ninth and tenth amendments reminds freedom loving patriots of our founding father’s understanding that We The People are the government! The United States Constitution was and still is a contract between the States and the Federal government, and that the Federal government was never intended to be allowed to place any laws, limits or restrictions on the people themselves.
A Government Of The People, For The People, By The People
If I can make one primary point that I want you to understand and internalize, it would be to repeat what I just said above, but in clearer terms: Our rights are inalienable and are from God only. We, you and I, are Sovereigns. We became such through our citizen ancestors the minute the British conceded the right to rule over us at the end of the Revolutionary War in 1783. As sovereigns, “We The People” assigned duties and powers to the state and local governments (governing bodies that we ourselves created) to do for us what would be too costly, or a duplication of effort if every single individual or family had to provide it on their own. The Law by its very nature is supposed to be defensive (defending our rights) not offensive. Government is intended to protect our lives, liberties, and property. Anything beyond that is over-reaching of its powers and responsibilities. Our founding fathers understood this principle and that is why they set up the US Constitution the way they did.
We as Sovereigns created local and state governments to be able to pool our resources in order to create an entity that would serve and protect us as Sovereigns. We are the Master, not the other way around. After the Articles of Confederation were tried out, there were flaws that became obvious to all–it was because of those flaws in the Articles of Confederation that US Constitution was created as a contract between the states, and a very limited (but with some additional powers beyond what the Articles of Confederation allowed) scope of well-defined responsibilities. The 9th and 10th Amendments were inserted to ensure that everyone understood that “if we didn’t say you could do it here in this document, you can’t, and the rest of the powers are whatever the individual Sovereigns decide that their states can do on their behalf.” In this case, with the consent of the Sovereigns, the states created the federal government, making it clear that the states were the master over the federal government, and the federal government was the servant of the states to only accomplish those things the states granted the federal government to do through those thirty-one enumerated powers.
The United States is the greatest nation in the world because of this unique document we hold that was created for us specifically for the preservation of our liberties and freedoms. We stand here at the threshold of a new day. If we have the courage of our forefathers to act in the cause of freedom, we will regain what we’ve lost.
You’ve already taken the first step. By taking this course from The George Washington School of Freedom, you are arming yourself with the knowledge that will assist you in returning our nation to its original founding principles. Knowledge is power. Let’s use it.
Points to Ponder:
• What were the three types of governmental systems that the thirteen colonies were organized under, and how did that influence the founding fathers in how they setup the US Constitution?
• What “doctrine” bound the colonists to Britain?
• Did the colonists consider themselves British citizens? Why or why not?
• Did the British Crown treat the colonists as they would treat other British citizens? Explain.
• Prior to the writing of the Declaration of Independence, what document did Thomas Jefferson publish which let the King know how the colonists were feeling?
• What were the actions of the British government against the colonies which created such discontent among the colonists and caused them to seek redress from the Crown?
• What specific actions did the British take which started the American Revolution?
• According to the British, our founding fathers were all guilty of high treason against the Crown. What was the punishment for high treason at the time of the American Revolution?
• What were the Articles of Confederation and why were they created?
• Why were the Articles of Confederation ineffective?
• What were the conditions that caused Shay’s Rebellion, and what made those conditions possible?
• How did the Constitutional Convention come about?
• Why should every elected official at every level know, understand, and be willing to protect and preserve our Constitution?
• How are we sovereigns?
• What should be the relationship between us as individuals, and the state in which we live?
• What should be the relationship between us as individuals, and the Federal Government?
• What should be the relationship between the States and the Federal Government?
• What can you do to preserve and protect our freedoms and liberties?
• What will you do?

