America's Flawed Constitution
Right from the beginning of it’s creation the constitution of the United States has been a shaky document. The very basis for it being there was in fact illegal.
The story of American politics starts with the Declaration of Independence. This document was brilliantly written by Thomas Jefferson and compacted all of the great ideas of enlightenment into one short easy to read paper. The declaration stated all of the ideals the new American nation would strive for. A constitution was needed as a way in which to fulfill those goals. The articles of confederacy were created as that constitution. However, they were weak, because no state wanted to give away any of their powers, and so the articles eventually failed. That is when the modern day constitution was starting to form.
The Articles of Confederacy stated that in order to change any part of the document all thirteen states must agree to the change. Therefor a meeting was called so that they could amend the failing articles. However, representatives from two of the states did not show up. Even though not all states were represented the meeting started and the first vote was to totally throw away the Articles of Confederacy. The constitution wasn’t formed yet and it was already a flawed document. Because not all states were represented when the articles required it, the constitution was an illegal document.
The delegates working on the constitution new that they needed a stronger document, because the articles proved too weak, but it still needed to please all of the states. This was impossible. So what ended up happening was the new ducocument became more and more vague. The only way to create a document that would pass was to make a document which didn’t really solve any problems but make each state believe that there problems would be fixed. This was accomplished by making it so that it was too vague to offend anybody but you could read into it. This made for a document that would be seriously flawed because people would be able to read into it too much. It could not work.
The Constitution of the United States of America was too vague to work. The way the constitution was written it gave power to four parts: the congress, the executive branch, the judicial branch, and the states. Because it was so vague it did not really define which powers went where (with a few exceptions).
Before the Constitution was drafted, the United States’ budding government, now independent from Great Britain, acted under a dysfunctional constitution called the Articles of Confederation. Although this constitution kept the new nation running, there were still flaws that needed to be fixed. The Articles of Confederation lacked a developed executive or judicial branch and a method for the main government to collect taxes from state governments, according to the background essay of the DBQ Packet. An assembly of fifty-five men eventually gathered for a Constitutional Convention in order to write a new constitution that would better satisfy the people’s needs. The trouble of creating another constitution lied behind creating a document
Many complaints focused on the lack of a bill of rights in the Constitution, stating the inalienable rights of an American citizen. In Thomas Jefferson’s Jefferson Writings (Doc. C), he states that no government is entitled to omit such an important part of a country’s makeup. The reason a constitution is made is to protect the rights the people fought for during the Revolution, not limit them. Another concern is the balance of power between social classes and the governmental branches, which was a big issue with the Articles of Confederation. Even with checks in place so no branch of government could become to powerful, there was always a risk. In the “Brutus” and “John DeWitt” papers (Doc. D) it states that this unbalance of power could lead, disastrously, to one group dominating over all others, most likely the aristocrats. Some people, such as Patrick Henry during his Speech to Virginia State Constitutional Ratification Convention (Doc. F) even became heatedly anti-federalist, stating that the Constitution endangered to sovereignty of the states entirely. But even with these various concerns and arguments, the Constitution was ratified by all thirteen states in
In his speech, The Making of the U.S. Constitution, Gordon Wood discusses the history of how the U.S. Constitution came to be. He explains what factors contributed to its making and what the general consensus was about it during the time. He explains that the reason the constitution was created was because the government needed more power. Why did the government need more power? In short, to unify the 13 states and make life, in general, easier for its citizens, officers, artisans, and even to help with commercial interests (Wood, 2012).
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 establishment of the U.S. Constitution was an action taken in order to supply federal control over the young United States of America without replicating the mistakes and flaws present within the Articles of Confederation. The idea of the Constitution was to better unify the states, something the Articles of Confederation were completely unable to do. Even during the infancy of the Constitution, its creators were divided into two major political parties: the federalists, who supported large and strong federal government, and the Anti-Federalists who supported reserving state’s rights and limiting the grasp of the federal government. Upon the establishment and the passing of the U.S. constitution, these two parties used personal party-based
The above statement is somewhat mind-boggling. It is something that a revolutionist might have coined over 200 years ago and it leaves much to the imagination. It is about as close to being treasonous as one could get without actually committing the crime. The former Vice-President Albert Gore once stated that "the constitution was a living breathing document, open to change". His statement was quite controversial and it definitely created a stir with the patriot-cult crowd. Why would anyone want to scrap the entire Constitution of the United States of America? Has someone come up with a more impressive document that better signifies what this country is all about?
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
The Constitution was strongly opposed because it would create a centralized form a government. Federalist Paper number ten reassures the people of America that the Constitution would create a large republic which would provide protection from faction and by extension the Tyranny of Majority. In the same paper, Madison mentions that the formation of faction was engraved in the nature of man a statement that contradicted the purpose of this essay . This means that human nature is strong and individuals will search for others that have similar interest and passions. His theory that the large republic would prevent factions seemed like a logical one, but there was already factions forming even before the constitution was ratified with the formations of the Federalist and the Anti-Federalist. The large population and its vast lands were not obstacles for communication; therefore, the controversial ideas and political opinions were still at the reach of the people and this allowed establishment of factions. The perfect example of communication aiding the formation of factions is when same tactic of gaining support through Newspaper articles that the Federalist utilized to get the support to ratify the Constitutions was used to gain support for the Democratic Republican party five years later. The start of the
The Constitution had to be ratified by the states before it went into full effect; however, states had different ideas and hopes for their new government, so a national debate over ratifying the constitution sparked. In general, there were two big parties that had opposing ideas; the federalists supported the constitution, and the anti-federalists did not support this fairly new document. Additionally, the constitution needed 9 out of 13 states to sign off the Constitution before it became official, but in order for the Articles of Confederation to be amended there had to be a united consent within the nation. The major fears produced by the writing and ratification of the United States constitution stemmed from the difference between classes; for instance, the “common man” had different views and opinions compared to the “elite man.”
The Articles of Confederation was the first government of the United States. The Articles had created a very weak national government. At the time the Articles were approved, they had served the will of the people. Americans had just fought a war to get freedom from a great national authority--King George III (Patterson 34). But after this government was put to use, it was evident that it was not going to keep peace between the states. The conflicts got so frequent and malicious that George Washington wondered if the “United” States should be called a Union (Patterson 35). Shays’ Rebellion finally made it evident to the public that the government needed a change.
The U.S. Constitution has a unique history. Facing drafts and ratifications it was finally created under the founding fathers in 1787. The constitution is the foundation for the government we have today and influences almost every decision that government officials make. However, before the constitution was influencing, it was influenced. The political, economic, and diplomatic crises of the 1780s not only helped shape America, but also the provisions found the constitution.
In an article by Gienapp (2015), he stated that as the U.S. was being created, the Framers explored various types of government. The first was the Article of the Confederation which had a lot of problems and weaknesses that needed to be fixed, it required a succession of long debates, and it caused a great deal of regional conflict. Because of this, in the hopes that it will solve most of the problems, the Framers in 1787 began drafting the Constitution as well as signed it which replaced the Article of the Confederation. There was a push for ratification of the Constitution by two parties, one supporting it while the other opposed it. What it boiled down to was there was a split by two groups, the Federalist and Anti-Federalist who verbally
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.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
On September 17, 1787, the Philadelphia Convention sent their new constitution to the states for ratification. The Federalists highly approved of the Constitution because it allowed for a more central and powerful government that was previously undermined under the Articles of Confederation. The Anti-Federalists, however, didn’t want a powerful central government, but, instead, powerful state governments; in response to the Constitution, many Anti-Federalists began writing essays and creating pamphlets as a means of arguing against it. In retaliation to the Anti-Federalists attempt at getting states to not ratify the Constitution, many Federalists developed a group of essays known as the Federalist Papers, which argued for the ratification of the new law system.