the annotated u.s. constitution and declaration of inde pen dence The Annotated U.S. Constitution and Declaration of Inde pen dence Edited by Jack N. Rakove The Belknap Press of Harvard University Press Cambridge, Massachusetts and London, England 2009 Copyright © 2009 by the President and Fellows of Harvard College All rights reserved Printed in the United States of America Library of Congress Cataloging- in- Publication Data Rakove, Jack N., 1947– The annotated U.S. Constitution and Declaration of Independence / edited by Jack N. Rakove. p. cm. Includes bibliographical references and index. ISBN 978-0-674-03606-2 (alk. paper) 1. United States. Constitution. 2. United States. Constitution. 1st–27th Amendments. 3. United States. Declaration of Independence. 4. Constitutional law—United States. 5. Constitutional history—United States. I. Rakove, Jack N., 1947– II. United States. Declaration of Independence. III. United States. Constitution. IV. United States. Constitution. 1st–27th Amendments. V. Title: Annotated United States Constitution and Declaration of Independence. KF4527.A56 2009 342.7302—dc22 2009022907 To my grandparents of blessed memory Jacob & Rose Rakove Louis & Nellie Bloom who, by “making an election of government, more than of air, soil, or climate, for themselves or their children,” did secure the blessings of liberty for their posterity. Contents A Note to the Reader xi Introduction 1 The Declaration of Inde pen dence 73 The U.S. Constitution 103 Amendments to the Constitution 219 A Calendar of Events 311 Further Reading 344 Credits 349 Acknowledgments 352 Illustrations Signatures on the U.S. Constitution (1787) 3 The Boston Tea Party (1789) 9 Engagement at the North Bridge in Concord (1775) 12 Thomas Jefferson, by John Trumbull (1788) 17 James Madison, by Charles Willson Peale (1783) 28 Inde pen dence Hall (1774) 31 Daniel Shays and Job Shattuck (1787) 32 “Vices of the Political System,” by James Madison (1787) 34 Gouverneur Morris, by R. Wilkinson (1783) 49 Advertisement for The Federalist (1788) 53 Anonymous portrait of Montesquieu (1728) 55 The Declaration of Inde pen dence (1776) 82 John Locke, by Godfrey Kneller (1697) 83 King George III, by Allan Ramsay (1760) 90 Signing the Declaration of Indep en dence, by John Trumbull (1819) 91 First page of the U.S. Constitution (1787) 105 Soup kitchen sponsored by Al Capone (1930s) 137