According to Respectfully Quoted: a dictionary of quotations, at the close of the 1787 Constitutional Convention, Benjamin Franklin was asked whether the delegates had delivered a Republic or a Monarchy. Franklin replied, “A Republic, if you can keep it.” What the delegates had done was draft the United States Constitution which, when ratified by all the states two years later, had moved the United States from a loose confederacy of states bound by the Articles of Confederation to a Republic which established, in Article 6, that: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. But 228 years later, is the Constitution still the supreme Law of the Land? To answer this question, one must understand why this language was put in the Constitution. Remember that the Constitutional Convention of 1787 was called because the Articles of Confederation weren’t working very well. Under the Articles, the states held almost all of the power. There was no President, no legislative branch and no judiciary. It was a very de-centralized system of government. In a 2012 paper, Alison LaCroix, tells us that James Madison, through his studies on a variety of governments found that many ancient and modern confederacies had been destroyed by the lack of subjection to a central authority. He believed that congress should have the final say on the legislative process even to the point of intervening into the states’ legislative processes. Madison... ... middle of paper ... ...t is. Even to this day, the structure of the government follows the rules. There are Supreme Court rulings, bills being passed and denied in the Senate and the House of Representatives, and the President still vetoes and signs laws. Our system of government has not changed and Edwin Meese III sums it up perfectly saying: The Constitution—the original document of 1787 plus its amendments—is and must be understood to be the standard against which all laws, policies, and interpretations should be measured. It is our fundamental law because it represents the settled and deliberate will of the people, against which the actions of government officials must be squared. In the end, the continued success and viability of our democratic Republic depends on our fidelity to, and the faithful exposition and interpretation of, this Constitution, our great charter of liberty. (5-6)
The year of 1776 was a time of revolution, independence, and patriotism. American colonists had severed their umbilical cord to the Mother Country and declared themselves “Free and Independent States”.1 The chains of monarchy had been thrown off and a new government was formed. Shying away from a totalitarian government, the Second Continental Congress drafted a document called the Articles of Confederation which established a loose union of the states. It was an attempt at self-government that ended in failure. The Articles of Confederation had many defects which included a weak central government that lacked the power to tax, regulate trade, required equal representation and a unanimous vote to amend the Articles, and had only a legislative branch. As a result the United States lacked respect from foreign countries. These flaws were so severe that a new government had to be drafted and as a result the Constitution was born. This document remedied the weak points of the federal government and created one that was strong and fair, yet still governed by the people.
Madison speaks of the problems of the present attempts at a new government saying “our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice, and the rights of the minor party, but by the superior force of an interested and over-bearing majority”.
During the American Revolution, the Americans aspired to keep their government as far away from the resemblance of the British government as possible. Politics were changing in a time where the monarchs ruled the American people, that had to be put to a stop. States’ rights were being advocated into the new United States government as much as humanly possible. James Madison was a helper in writing the Federalist papers along with John Jay and Alexander Hamilton. Madison writes “you must first enable the government to control the governed” (Doc I), which demonstrates the authority that the Federalists initially wanted
He states that the government had too many leaders and not enough followers. That the government administrated by too many people who had a different motive on running the state. In addition, Madison agreed to what Hamilton was saying. Therefore, Madison helped Hamilton settle this dilemma. “It has been seen that delinquencies in the members of the Union are its natural and necessary offspring; and that whenever they happen, the only constitutional remedy is a force, and the immediate effect of the use of it, civil war.” (Hamilton) Hamilton father explains why this would be a problem with government and predicts what might happen if it reaches to that point. “To this reasoning, it may perhaps be objected, that if any State should be disaffected to the authority of the Union, it could at any time obstruct the execution of its laws, and bring the matter to the same issue of force, with the necessity of which the opposite scheme is reproached.” (Hamilton) Both Alexander Hamilton and James Madison wrote the 18th and 19th Federalist paper. The 18th article spoke about contradicting the argument of anti-federalists that proposed a monarchical rule in America. Madison states that if the anti-federalist and federalist do not collaborate on the rule that they established for the people. They would become like the people in Greek history. “Instead of this obvious policy, Athens and Sparta, inflated with the victories and the glory they had acquired, became first rivals and then enemies; and did each other infinitely more mischief than they had suffered from Xerxes.” Demonstrating a jealous view of power and disorganized fashion. “Their mutual jealousies, fears, hatreds, and injuries ended in the celebrated Peloponnesian war; which itself ended in the ruin and slavery of the Athenians who had begun
The Articles of Confederation was America’s first constitution. The Articles of Confederation failed to create a strong central government, however. With the demise of the states in sight, the need for a stronger and more structured central government became apparent. An invitation was sent to all thirteen states in February 1787 by the Confederation Congress to resolve the matter. The events that took place over the next several months would create the United States Constitution. Going down in history as a revolutionary form of government, the U.S. Constitution would give life to a country that is still running strong over 200 years later.
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
The Constitution of the United States set up an intricate government with a very brief document. The Constitution is actually shorter than this essay, but was still able to set up all of the procedures that make our government act so slowly today. One process that takes an especially long time is passing a bill to make a law. Every governmental action has to be put into writing and then passed by the Congress and the Supreme Court. Too many government agencies have to examine every bill. The United States government only starts at the national level with the Executive, Judicial, and Legislative branches. Everything breaks down into more areas such as the House of Representatives and the Senate. The Federal government's semi-equal is the state government. State government breaks down into several subsidiaries as well. The court system is an excellent example of how a government system breaks down from a national to a community level. For instance, the high court in America is the U.S. Supreme Court. The step down from ther...
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.
The American Revolution stirred political unity and motivated the need for change in the nation. Because many Americans fought for a more balanced government in the Revolutionary War, they initially created a weak national government that hampered the country's growth and expansion. In the Letter from Abigail Adams to Thomas Jefferson, Mrs. Adams complained about the inadequacy of power that the American government had to regulate domestic affairs. The Articles of Confederation was created to be weak because many had feared a similar governing experience that they had just eliminated with Britain. The alliance of states united the 13 local governments but lacked power to deal with important issues or to regulate diplomatic affairs. Congress did not have the power to tax, regulate trade, or draft people for war. This put the American citizens at stake because States had the power to refuse requests for taxes and troops (Document G). The weakened national government could not do anything about uprisings or small-scale protests because it did not have the power to put together an army. The deficiencies of the confederation government inspired the drafting of the American Constitution. The document itself embodied the principle of a national government prepared to deal with the nation's problems. In James Madison's Federalist Paper, he persuades the American public to adopt the Constitution so that the government can protect humans from their nature and keep them out of conflicts.
As James Madison said, “The different governments will each control each other, at the same time that each will be controlled by itself.” What James Madison is trying to say is that the central and state governments have enough power that they don’t control everything. The central government has enough power to help some of the country’s major needs, and the state government has enough power to help the state’s needs because the state’s needs may be more specific. From this, you may conclude, that dividing powers between the central and state governments prevents tyranny. The first guard against tyranny was Federalism, which means a system of government in which power is divided between a federal government and state government.
The Supremacy Clause which is part of Article VI of the constitution, states that the federal government is the supreme law of the land. As stated in the constitution: ”This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority ...
In Federalist No. 10, James Madison stresses that “measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.” Madison philosophized that a large republic, composed of numerous factions capable of competing with each other and the majority must exist in order to avoid tyranny of majority rule.# When Federalist No. 10 was published, the concept of pluralism was not widely used. However, the political theory that is the foundation for United States government was the influential force behind pluralism and its doctrines.