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Federalist
The Constitution came out to a world full of criticism. To put to sleep many of the objections that the critics had to the Constitution a number of those in favor of it such as Hamilton, Madison and John Jay wrote the Federalist. While there were many arguments for the Constitution, there were two that played a major part in American life.
The first major argument was that the powers of the government came directly or indirectly from the common people. The second argument stated that to keep the government in check there is a series of checks and balances that will not let one branch of government gain too much control. Hamilton, Madison, and Jay put forth many of the arguments in support of the Constitution, but these two stood out more than the rest.
In more depth, the first argument states that the government is directly related to the common people. The powers of the government come from ordinary powers or the common people and these ordinary powers have the ability to make changes in the government. The Constitution was designed in a manner as to protect the people of the nation both at the time the Constitution was produced and up to a time that the government might be destroyed. The protection of the people and their ordinary powers is achieved by allowing the citizens under the constitution to alter the government that the Constitution set up. The House of Representatives for example derives its powers from the people of America - the House is set up in such a manner that the people of America have a direct part in the government. The involvement of the people in government was a crucial argument in support of the Constitution, for it stated that the government would for the most part move...
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...they were doing, the delegates were no longer working under the will of their states but under their own will and for their own benefit. In taking this power away from the states and placing it in their own hands, the Constitution created by the delegates goes against what a republic is when representatives no longer represent what they are appointed to.
Clinton argues, that because the delegates took power into their own hands, the Constitution was created tainted and should be opposed. The delegates made the Constitution with their own self-interest in mind. The delegates took the job that was to be done by Congress and created a new government. The delegates created a tainted document when they took power away from the states and congress. They created a document that they had no authority to create and wanted it implemented. Clinton strongly opposed this.
The Anti-Federalist Party, led by Patrick Henry, objected to the constitution. They objected to it for a few basic reasons. Mostly the Anti-Federalists thought that the Constitution created too strong a central government. They felt that the Constitution did not create a Federal government, but a single national government. They were afraid that the power of the states would be lost and that the people would lose their individual rights because a few individuals would take over. They proposed a “Bill of Rights”, to make sure the citizens were protected by the law. They believed that no Bill of Rights would be equal to no check on our government for the people.
The Federalist papers were for the constitution being ratified. They were written by James Madison, John Jay, and Alexander Hamilton. They consisted of 85 articles and essays. Most of them were published between 1787 and 1788 although; the author’s names were kept a secret until 1818. Hamilton decided to sign the papers “Publius” to keep his name anonymous. Hamilton was the first to publish an essay and soon picked Madison and Jay to assist him. To their surprise, the Federalist papers influenced many of the New York people to vote for having the constitution ratified. On the contrary, the Anti-Federalist papers did not agree entirely with the new Constitution. They were written by many different authors. Although, some of the more popular Anti-Federalists were Patrick Henry, John Hancock, Sam Adams, etc. They were also 85 Anti-Federalist papers. Much like the federalist papers, they Anti-Federalists adopted the name “Brutus”.
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).
When the new Constitution was drafted, the ratification, the official approval by the people of the United States, sparked a national debate. People were shocked by the radical changes it proposed; they expected the convention to merely amend the Articles of Confederation. They were afraid of regressing back into a state under tyranny, a form of rule where a single or small group reigns with vast or absolute power. Americans had just fought for their freedom from the tyrannical rule of the king of England. All their efforts and revolutionary ideas would have gone to waste.
All of the framer of the U.S. Constitution had one thing in common, they all felt that the government didn't have enough power. At the same time they didn't want to give the government to much power. They all knew if there was power to be held someone was going to hold it and over use it The framers didn't want to create a system like Britain or England.
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
Madison begins perhaps the most famous of the Federalist papers by stating that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions. Madison defines that factions are groups of people who gather together to protect and promote their special economic interests and political opinions. Although these factions are at odds with each other, they frequently work against the public interests, and infringe upon the rights of others.
Supporters of a constitution, lacking a bill of rights, were called Federalists. The Federalists included members such as Alexander Hamilton, James Madison, and John Jay, whom wrote a series of essays that were designed to inform and persuade the public of their views pertaining to the issues of the day. Among these views was whether a bill of rights should be added to the constitution. The Federalists, via Alexander Hamilton, dealt with this issue in a foremost way in their 84th essay.
The Independent Journal published the first Federalist essay in 1787, closely following the Constitutional Convention. This was one of 85 essays that were all soon published in support of the Constitution. The essays were all published under the alias name “Publius.” All essays were compiled into a single volume titled The Federalist Papers. The Federalist Papers is considered a significant illustration of American political philosophy under the Articles of Confederation, which were adopted by the Continental Congress. The Articles set up the first legislative system that unified the thirteen states that battled in the American Revolution. A major theme that was discussed in the essays centers around the idea that the United States could not continue to endure under the Articles of Confederation and the weaknesses that accompany it. The Articles gave states the authority to create their own laws, however they were unsuccessful in creating a strong government. The essay suggested that immediate action be taken to prevent the impending anarchy that would ensue under these Articles.
Federalists such as Hamilton supported ratification. But Anti-Federalists, who feared that the document gave too much power to the federal government, worked to convince the states to reject it. Hamilton believed that the ratification was necessary because giving more power to the central government was essential for the nation's survival. In The Federalist Papers Hamilton sets the stage for those that would follow, entitling that "The vigor of government is essential to the security of liberty." The essay...
The Constitution, when first introduced, set the stage for much controversy in the United States. The two major parties in this battle were the Federalists and the Anti-Federalists. The Federalists, such as James Madison, were in favor of ratifying the Constitution. On the other hand, the Anti-Federalists, such as Patrick Henry and Richard Henry Lee, were against ratification. Each party has their own beliefs on why or why not this document should or should not be passed. These beliefs are displayed in the following articles: Patrick Henry's "Virginia Should Reject the Constitution," Richard Henry Lee's "The Constitution Will Encourage Aristocracy," James Madison's "Federalist Paper No. 10," and "The Letters to Brutus." In these documents, many aspects of the Constitution, good and bad, are discussed. Although the Federalists and Anti-Federalists had very conflicting views, many common principals are discussed throughout their essays. The preservation of liberty and the effects of human nature are two aspects of these similarities. Although the similarities exist, they represent and support either the views of the Federalists or the Anti-Federalists.
Upon the opening words of the Constitution, "We the People do ordain and establish this Constitution for the United States of America," one must ask, who are these people? While the American Constitution provided its citizens with individual rights, many members were excluded. Elite framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others. Therefore, the Constitution cannot truly be considered a "democratic document." However, because it is a live document, malleable and controllably changeable according to the interest of congress, it has enabled us to make reforms overtime. Such reforms that have greatly impacted America, making us the free, independent nation that we are today.
The Federalist Papers 10 & 51 were essays which helped persuade the citizens of the United States to vote for the federal Constitution. James Madison, Alexander Hamilton, and John Jay used pseudonyms as their names to convince the public. Those who were skeptical of voting for a government, which had many different major powers, were reassured by the founding fathers in their speeches and conventions throughout the U.S.
One of the clauses that helped the government was the Taxing and Spending Clause, located in Article I, Section 8. The clause allows the federal government to tax citizens of the United States. Under the Articles of Confederation, the government had no power to lay and collect taxes, and had to rely on the demands of the governments of the states. Seeing that Congress had no power to independently raise its revenues, they proposed the Taxing and Spending Clause. Even if the government had the power tax citizens, they did not use it to only raise revenue, but they also taxed to regulate the commerce, taxed to discourage or suppress the commerce, or set tariffs to protect domestic markets from foreign control. On the case of United States v. Butler, the Supreme Court ruled that Congress did not have the power to impose tax due to the Agricultural Adjustment Act and deemed it unconstitutional because it attempted to regulate state activity, thus violating the Tenth Amendment. Regardless of its ruling, the case declared that the government did, in fact, have a wider power to tax, but there were limitations. In another court case, South Dakota v. Dole, the Supreme Court declared that it was constitutional due to the fact that the states' highway funds were withheld if they did not raise their legal drinking age to 21 years old. This would bring more power to the federal government due to forc...
Federalism is a legal concept that is centered around the concept that law is best handled as a two layered responsibility. Federalism is also built on a belief that sharing power with the local government is key to a successful governance. According to the text book, “the United States was the first nation to adopt federalism as its governing framework” (pg83). The following are a few examples of some advantages, as well as disadvantages of Federalism.