Freedom, or Order?
"The Articles of Confederation were more democratic than the Constitution of the United States." True, the loose confederation of states underneath the Articles of Confederation were more democratic than the Constitution itself, but could that comparison really be considered bad? When examining such a statement, one must consider what values are important in government; freedom or order. Too much freedom creates anarchy, whereas too much order symbolizes a tyranny. So re-examining government itself, the balance between freedom and order become the key topic of debate.
According to Hobbes, man in a state of nature is in a constant "state of war" in which he is constantly struggling to survive. Government is needed to keep all men in a "state of awe" and serves to promote peace among the naturally war-inclined race. Yet government itself is simply "reflections on human nature" (Madison). Because man has the right to abolish a government that fails to protect his life or his property (Locke), it is essential that any government formed must perform its duties with the consent of the people. If you give too much power to the people, the government will be impotent and man will thus again be thrust into a state of war. If you give the government too much power, the people have every right to dissolve it. Therefore in creating a government, you must create one that can perform its purpose of protecting property; with enough power to regulate the people, yet not enough as to oppress them.
When the Treaty of Paris was signed in 1783, the newly formed country was anxious to start its life anew, without the oppressions and grievances that the tyranny of British rule had brought. The Declaration of Independence, penned m...
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...nment formed under the Constitution was to be a small representation of a larger population. In order to keep a fair balance between freedom and order, a system of checks and balances were instated so that the government formed by the people would never assume to much control over the people it would protect. By giving too much freedom to in its democratic values, the Articles of Confederation did nothing more but loosely knit together thirteen self-interest groups. By finding a unique balance in between freedom and order, the Constitution was able to create a strong federal government that would propel the nation towards the prosperity without losing its original values of freedom.
Works Cited
1. Hobbes, Thomas. Great Leviathan. 1651.
2. Locke, John. Two Treatises of Government. 1690.
3. Madison, James. Federalist No. 51. New York: New York Packet., 1788.
Thomas Hobbes and John Locke have authored two works that have had a significant impact on political philosophy. In the “Leviathan” by Hobbes and “Two Treatises of Government” by Locke, the primary focus was to analyze human nature to determine the most suitable type of government for humankind. They will have confounding results. Hobbes concluded that an unlimited sovereign is the only option, and would offer the most for the people, while for Locke such an idea was without merit. He believed that the government should be limited, ruling under the law, with divided powers, and with continued support from its citizens. With this paper I will argue that Locke had a more realistic approach to identifying the human characteristics that organize people into societies, and is effective in persuading us that a limited government is the best government.
With these different balances to control the powers throughout the new government, the problem of tyranny wasn’t as such of a problem as it was when the Articles of Confederation were in place. The states were now represented justly, the national and state levels of government fairly empowered, and the three branches within the national government were balanced. Even the three branches within balanced each other out, so one wouldn’t become too under or over powered. The new government created by the Constitution was a good answer to protect against
The Articles of Confederation, the perfect republican government, was not a perfect government. It was faulty and ineffective in providing a central government with tax revenue to pay off debts, which caused the discontent of mobs that the central government would fail to control. The Articles created a weak government that would be easily pushed around by its people and by foreign countries. The reliance on civic virtue was successful in organized land policies that spread republicanism ideals; however, it failed to aid the Congress of the Confederation in tax revenue and controlling mobocracy. The Articles of Confederation was ineffective and faulty with is roots planted solely in republicanism.
The Articles of Confederation was the nation’s first Constitution. The articles created a loose Confederation of independent states that gave limited powers to the central government. Each state would have one vote in the House of Congress, no matter the size of the population. Members of the one-house Congress, such as Pennsylvania, agreed that the new government should be a unicameral legislature, without an executive branch or a separate judiciary. Under the article, there wasn’t a strong independent executive.
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 Articles of Confederation was the United States first attempt at creating a democratic government. Instead of giving power to the central government they divided it up among the states (Kelly). This fact left the Articles with many weaknesses that ultimately led it to fail. The lack of a strong central government led to economic disorganization, no central leadership and an ineffective legislative, all which led to its downfall (Brackemyre). Leaving power to the states left the nation in a state of economic disorganization. Without the national government having the power to levy taxes, it was left with the states (Murphy). The legislature only had the right to request taxes, and it was left up to the states how they wanted to raise them, but they oftentimes weren't (Brackemyre). There was also no uniform system of currency which made trade between states difficult. The fact that states instead of Congress regulated trade led to a lack...
The Articles of Confederation set up a government that consisted of a one house body of delegates, with each state having a single vote, acting collectively, could make decisions on certain issues that affected all states. There was no president or judiciary so any decision required nine of the thirteen states’ votes. At this point in time the United States of America ... ... middle of paper ... ... o consider the charms of liberty as imaginary and delusive.”
The current Constitution that we have was not our founder’s first attempt at establishing a government. The Articles of Confederation lack a practicality that our founders knew was necessary for our society. A comparatively stronger central government than was present under the Articles of Confederation was requisite, a central government that would solidify the union of the States. This phrase is also a manifestation of their resolve to continue to search for ways to advance and improve society, as is empirically evident by the process to amend the Constitution, which they included.
The Articles of Confederation were not the best laws Congress passed, nor were they the worst. The Articles, which was supposed to be the constitution of the United States, brought along terrible changes and numerous problems. In the Rhode Island Assembly’s letter to Congress, it stated that the Articles created a weak and unhelpful government, one that could not levy taxes, lacked the power to regulate interstate and foreign trading, could not enforce national policies; the list goes on and on (A). Because Congress could not control taxing, this eventually led to a poor army that lacked a leader to start an effective
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...
In sophisticated prose, Hobbes manages to conclude that human beings are all equal in their ability to harm each other, and furthermore that they are all capable of rendering void at will the covenants they had previously made with other human beings. An absolutist government, according to Hobbes, would result in a in a society that is not entirely focused on self-preservation, but rather a society that flourishes under the auspices of peace, unity, and security. Of all the arguably great philosophical discourses, Hobbes in particular provides one of the surest and most secure ways to live under a sovereign that protects the natural liberties of man. The sovereign government is built upon the idea of stability and security, which makes it a very intriguing and unique government indeed. The aforementioned laudation of Hobbes and his assertions only helps to cement his political theories at the forefront of the modern
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.
Hobbes’ Leviathan and Locke’s Second Treatise of Government comprise critical works in the lexicon of political science theory. Both works expound on the origins and purpose of civil society and government. Hobbes’ and Locke’s writings center on the definition of the “state of nature” and the best means by which a society develops a systemic format from this beginning. The authors hold opposing views as to how man fits into the state of nature and the means by which a government should be formed and what type of government constitutes the best. This difference arises from different conceptions about human nature and “the state of nature”, a condition in which the human race finds itself prior to uniting into civil society. Hobbes’ Leviathan goes on to propose a system of power that rests with an absolute or omnipotent sovereign, while Locke, in his Treatise, provides for a government responsible to its citizenry with limitations on the ruler’s powers.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there
Hobbes believes that if there is no government then it will lead to a state of war. This is because the people can have different judgement which cause them to not have an agreement on what the government should contain. This means that the people did not view each other as equal and did not have the same morals as Locke would believe in. It can also lead to a state of war if the people don’t have the right to property since it will cause the peace to break. However, the only type of state Hobbes believes in is the Leviathan state that has only one