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How much power and liberty did the constitution give to “the people?”
The constitution is the document that has framed and shaped the United States from inception. It is the document that is defended by all new presidents and also the document which affords the citizens of the United States freedoms and rights that cannot be removed. In its drafting it shaped the formation of a new country and a new style of governance. It is a ‘bottom up’ as opposed to established ways of government which are ‘top down’. However for all its virtues the Constitution is somewhat ambiguous and there is some debate of the intent of the drafters, did they intend to give as much power or did they intend to give less power to the people?
The Constitution sets out the system, rules and regulations of how the new American government was to work. The constitution was drafted by a small select group of people from the 13 states; they were the people’s representatives for the constitution. However these people were very much part of an emerging elite, the masses weren’t literate nor would they have had a vast understanding of theories of government, all they knew was the old system and monarchical government. Therefore the drafting of the constitution fell to what one could call idealistic gentry, who were very wealthy and well educated perhaps an upper class group of individuals. They may have been acting on behalf of the people but there are numerous examples of blatant self-interest. When assigning powers to congress taxation was obviously a big area, the representatives from the Southern states managed to get exemptions for export duties. Many of the representatives from these southern states were heavily involved in the Tobacco trade and made a lot of their personal wealth from this trade so it was is in their own direct interest to get exemptions for these things. This is a clear demonstration on how some representatives weren’t wholly representative.
To assess how much power and liberty the constitution gives to the people one obviously must look at the language and the content of the document itself. In article one, section four, it states “The congress shall assemble at least once in every year, and such meeting shall be o...
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... so it is extremely difficult to change. Also in the installation of the Supreme Court as ultimate arbiter can strike down legislation.
In summarising this question it is not what’s in the Constitution that is important it is the application of it that is of greater importance. Many different parties can interpret the Constitution and different people will consider one thing constitutional and others will consider it to be unconstitutional. One should also consider who “the people” are; the constitution can look after interested parties rather than the citizens it is supposed to protect. The majority can become tyrannical over minorities given the prohibition of alcohol. The ‘founding fathers’ also did not envisage change in societal attitudes George Washington and Thomas Jefferson to name two both had slaves, but now the constitution prohibits the owning of slaves. Liberty in their eyes was not for everybody, and the people cannot be trusted to make the right decisions given the Electoral College. However a genuine attempt was made to protect the rights of the individual and preserve the principle of power in the people and not in one individual
Wood doesn’t necessarily disagree that the constitution was framed by the upper class of the newly formed United States but he does disagree on the incentive; he believes the framers of the Constitution constructed it in the way they did due to political turmoil, not to benefit from economic protections. Wood points to the “excessive democracy” and localist, factious politics that emerged during the era of the Articles of Confederation. State legislatures were being filled with elected men who were less educated and had parochial interests. According to Federalists, these men were enacting “the confused, unjust, and narrowly based legislation of the 1780’s
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.
Throughout the American Revolution, the colonists were completely resentful towards their British 'king'. They yearned for their own government, and to finally set themselves apart from George III's rule and his legislation. When the Articles of Confederation were mandated, the expectation was to provide the colonies with a stable government. The Articles were then replaced by the Constitution, which had corresponding values. Essentially the document was written to salvage and improve the new government. The Constitution did many positive things for the nation, and was the perfect remedy for the failures of of the Articles. However, it is manifest that the authors of the document were not as honorable as they may have been assumed to be. How they drafted the document and the bias they have put into it is still greatly effects us. The Constitution is a counter-revolution because it contradicts the fails of the Articles, and is evident that some authors had more self-beneficial and narrow mindsets.
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.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The US constitution was written with great vision to create strong nation. The bill of right were written, it provide all humans with rights. The writers of the constitution we hypocrites, they didn’t abide by what they preached. Thomas Jefferson wrote himself “ all men are created equal” but he owned slaves. The founding father didn’t look or even think about slavery when they wrote the constitution. They were pre-occupied in getting the southern state to join the union and sign the new constitution. They southern states believed that the federal government shouldn’t mess with the issue on slavery because slavery was a state issue.
In order to understand why O’Neill’s position is superior to Singer’s position on famine relief, I will present information on both sides. O’Neill gives a Kantian, duty-based explanation, that focuses on people 's intentions. One of the central claims of Kantian ethics is that one must never treat a person, either oneself or another, as mere
The author presents a scenario towards the end of the book where Grange reminisces on a bygone time in which he failed to protect his wife from being dishonored by the man whose land he sharecrops on, ??Grange, save me! Grange, help me!? He had plugged his ears with whiskey, telling himself as he was not to blame for his wife?s unforgivable sin?he had blames Margaret he blamed Shipley, all the Shipleys in the world?
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.
The Founders built certain protections for individual rights into this country's founding documents. The United States Constitution was one such document. In particular, such protections guard Americans who hold minority viewpoints from those who side with the majority. For example, the First Amendment protects the right of free speech to ensure that people who hold unpopular views have just as much freedom to express those views as do people who tend to agree with the majority. The United States Constitution, therefore, was intended to protect the individual rights of Americans from a tyrannical government and majority. However, today, the Electoral College does not represent the vibrant democracy into which the United States has grown.
The Constitution is important because it was expressly designed to limit powers into three co-ordinate branches, the legislative, executive, and judiciary branch; none of which was to have supremacy over the others. This separation of powers with the checks and balances which each branch was given over the others was designed to prevent any branch, from infringing individual liberties safeguarded by the Constitution. I think the U.S. Constitution was a way for the U.S. to establish government which was a negotiation between the two former governments, a monarchy and total state power. I think by creating the checks and balances, people’s rights would be safer and they would feel more secure not having one branch of government with absolute power. What I found most interesting about the Constitution was how complex and detailed the framers made it, to effectively explain and limit the individual branches of power in government. In the words of Thomas Paine, "a government without a constitution is power without right". Meaning that for power to be granted, it is necessary to establish a constitution.
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.
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 beginning of the Constitution provides a basis for one to question the righteousness of the Framers intentions. The Constitution starts by saying, “ We hold these truths to be self-evident, that all men are created equal, that they are endowed by the Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” This was not a true statement. That phrase excluded black people, women, and men who lacked wealth. Government under the British did the same thing; all the power was made accessible to only the rich. The American Revolution was aimed at acquiring equal and fair representation in government for everyone. Next, the Constitution established a Supreme Court. The Supreme Court was a group of selected people who would make major legal decisions for the country. These people were not elected or chosen by the people, they were chosen by the government. This placed a form of power over the people of the United States that had been held by King George. The Supreme Court had the power to ma...