Draft Structural Amendments to The Constitution (June 27, 1788)

Amendments proposed to the new Constitution of Government in Addition to the Declaration of Rights

That each State in the Union shall respectively retain every Power, Jurisdiction and Right which is not by this Constitution expressly delegated to the Congress of the United States, or to the Departments of the federal Governmen

That there shall be one Representative for every thirty thousand, according to the Enumeration or Census mentioned in the Constitution, until the whole number of Representatives amounts to two hundred; (after which That Number shall be continued or encreased, as the Congress shall direct, upon the Principles fixed in the Constitution, by apportioning the Representatives of each State to some greater number of People from time to time as Population encreases.—)

That shall not exercise the Powers, respecting the Regulation of Elections, vested in them by the fourth Section of the first Article of the Constitution, but in Cases where a State neglects or refuses to make the Regulations therein mentioned, or shall make Regulations subversive of the Rights of the People to a free and equal Representation in Congress, agreeably to the Constitution, or shall be prevented from making Elections by Invasion, Rebellion or Insurrection; and in any of these Cases, such Powers shall be exercised by the Congress only until the Cause be removed3.—

That the Congress do not lay direct Taxes, but when the Revenue arising from the Duties on Imports is insufficient for the public Exigencies, nor then until Congress shall have first made a Requisition upon the States, to assess, levy and pay their respective Proportions of such Requisitions, according to the Enumeration or Census fixed in the Constitution in such way and manner as the Legislature of the State shall judge best; and if any State shall neglect or refuse to pay its Proportion pursuant to such Requisition, then Congress mayassess and levy such States Proportion together with interest thereon at the rate of six per Centum per annum from the time of payment prescribed in such Requisition.—

That the Members of the Senate and House of Representatives shall be ineligible to and incapable of holding any civil office under the authority of the United States, during the time for which they shall respectively be elected.

That the Journals of the Proceedings of the Senate and House of Representatives shall be published at least once in every Year except such parts thereof relating to Treaties Alliances or Military Operations as in their Judgment require Secrecy.—

That a regular Statement and account of the Receipts and Expenditures of all public money shall be published at least once in every Year.

That no commercial Treaty shall be ratified, without the concurrence of two thirds of the whole Number of the Members of the Senate, and no Treaty ceding, contracting, restraining or suspending the territorial Rights or Claims of the United States, or any of them, or their or any of their Rights or Claims to fishing in the American Seas, or navigating the American Rivers shall be ratified without the Concurrence of three fourths of the whole number of the Members of both Houses respectively.7—

That no navigation Law or Law regulating Commerce shall be passed without the Consent of two thirds of the Members present in both Houses That no standing Army or regular Troops shall be raised or kept up in time of Peace without the Consent of two thirds of the Members present in both Houses.—

That no Soldier shall be enlisted for a longer Term than four Years; except in time of War, and then for no longer Term than the continuance of the War.—

That each State respectively shall have the Power to provide for organizing, arming and disciplining its own Militia, whensoever the Congress shall omit or neglect to provide for the Same.—

That the Militia shall not be Subject to martial Law, except when in actual Service, in time of War, Invasion or Rebellion; and when not in the actual Service of the United States, shall be Subject only to such Fines, Penalties and Punishments as shall be directed or inflicted by the Laws of its own State.—

That the exclusive Power of Legislation given to the Congress over the federal Town and its adjacent District, shall extend only to such Regulations as respect the Police and good Government thereof

That no Person shall be capable of being President of the United States, for more than eight years in any Term of sixteen Years.—

That the Judicial Power of the United States shall be vested in one supreme Court, and in such Courts of Admiralty as the Congress may from time to time ordain and establish in any of the different States.—

The Judicial Power shall extend to all Cases in Law and Equity arising under Treaties made or which shall be made under the Authority of the United States;1213 to all Cases affecting Ambassadors, other foreign Ministers and Consuls;14 to all Cases of Admiralty and maritime jurisdiction;15 to Controvercies to which the United States shall be a Party;16 to Controvercies between two or more States and between Persons claiming Lands under the Grants of different States.—17In all Cases affecting Ambassadors other foreign Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction;18 in all the other Cases before mentioned the supreme Court shall have appellate Jurisdiction, as to matters of Law only; except in Cases of Equity, and of Admiralty and maritime Jurisdiction in which the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.19 But the judicial Power of the United States shall extend to no Case where the Cause of Action shall have originated before the Ratification of this Constitution, except in Disputes between States about their Territory, Disputes between Persons claiming Lands under the Grants of different States, and Suits for Debts due to the United States.—20

That in criminal Prosecutions, no man shall be restrained in the Exercise of the usual and accustomed Right of challenging excepting to the jury.—