(The Federalist Papers, #51) This system, as I mentioned earlier seemed to be the perfect protection against tyranny of any kind, and in fact it is quite effective, but I feel the problem is in that the Federalists didn't take into account that the Judiciary would in fact become a policy making branch in itself, with the power to check any one of the other two branches just as much as they would check each other. Robert Dahl wrote, "To consider the Supreme Court of the United States strictly as a legal institution is to underestimate its significance in the America political system. For it is also a political institution, an institution, that is to say, for arriving at decisions on controversial questions of national policy." (Dahl, Role of the Supreme Court Symposium, pg.279) The point here is that proportionately, the Judiciary yie... ... middle of paper ... ... through the decisions they have yielded. Countless other examples exist to back up this claim, but it would be entirely too monotonous to go through them all.
They were now going to take on an even greater task then fighting the British: establishing a system of government that would be fair and that would be accepted throughout all of America. One thing the founding fathers knew they had to do was establish a document that would unite the states under one system of laws, so they would be a single country. The Articles of Confederation were too weak and could not meet the demands the country as whole needed, so they drafted a new constitution. This new constitution was a brilliant document that expressed how there is no true sovereign power because the power ultimately lies in the people. This document, created in the Constitutional Convention in Philadelphia, was to become the foundation for our country and is still the chief document that the America of today follows.
Both the government and people are bound to obey it. The constitution contains requirements to the powers and duties of government, Americans have been concerned with their rights, the right to practice religion however they wished was one of the primary reasons the first settlers came to America from England. The right of representation and self-determination was one of the primary reasons the Revolutionary War was fought. The right for all persons to be free was one of the reasons the Civil War was fought. These documents help to maintain society, making the government responsible and making its citizens feel as though they have control and say in the government.
These problems warranted change which prompted these men to get together. This new constitution they were to create was supposed to guard the people against all kinds of tyranny whether it be of a few, the many or majority, or even a single individual. This seemed virtually insurmountable a task to accomplish but was ultimately achieved. The Constitution guards against tyranny by having a central and state government that cannot overrule or have more power over the other, establishing the separation of powers to keep anyone from abusing it, and having a sys... ... middle of paper ... ... addressed and resolved. The existing government under the Articles of Confederation was not simply working and to resolve this, delegates came from almost every state to lay down the foundations for the Constitution.
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 Constitution and Bill of Rights were well though-out documents established to aid in running a brand-new, fragile country. After all the hardships this union of states had encountered from the harsh monarchial rule from the British, these documents sought to ensure the maximum strength for the country and security from a government similar to the monarchy of the British. When the Founding Fathers drafted these influential documents, they reflected their anti-British sentiment by including British safeguards to ensure that the United States government could never develop into a monarchy.
Hamilton defended the small thought of republicanism even though there was no sure was that it would prevail. Burr was a threat to the republic and was corrupt enough to break the small unity that America had. Even though the founding fathers were considered rich white men who only cared for their self needs, they are the ones who unified the nation when no one else would of. Their form of checks and balances among each other was key to the checks and balances in the constitution. Without these men the United States would be something different and would not have as much independence as it does now.
Thomas Paine, writer of the famous pamphlet called, “Common Sense” which caused the colonists and states to join together, wrote, “For as in absolute governments the king is law, so in free countries the law ought to b... ... middle of paper ... ...ached the King was viciously. The way to express yourself to a constituted authority would be almost that exact way, but less violence. Violence leads up to more problems and more violence. But peaceful protest is a way that people today should do. The colonists had developed great ideas about the government and our foundation to our rights and independence.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away.
America desired for King George to recognize them not as colonists who were feebly revolting at what was at the time a world power, but as a separate and equally important people. They believed that they had a right to a free government just as England did, and they wanted to make this perfectly clear. Interestingly enough, America’s intentions were not on fighting and winning the battle through bloodshed. Nevertheless, the signers of this incredible document stated in closing: “We mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” (Jefferson,1) This meant that as a whole, they were willing to risk everything for their cause. Many of these men were lawyers, politicians, and wealthy land owners.