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Articles of confederation shortcomings
Weaknesses of the constitution and the articles of confederation
Analyze james madison
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James Madison clearly was not pleased with the Articles of Confederation. In “Vices of the Political System of the U.S.”, Madison wrote about twelve weaknesses. These weaknesses concern the dysfunction and seemingly powerless federal/national government. Specifically, Madison wrote that under the articles the federal government did not have the authority to prevent the states from encroaching on its authority. There were no consequences if the states decided to violation federal treaties. The articles permitted states to make their own laws concerning federal issues including currency and commerce. Basically, there was no uniformity in laws from state to state and laws of one state may be an aggression on the rights of another state. Madison felt that permitting states to restrict the flow of commerce with other states was adverse to the spirit of the Union. Madison explained that there was no uniformity in issues of common interest such as laws concerning naturalization. Madison wrote that the articles lacked sanctions to enforce the laws and coercion in government. He felt the articles were nothing more than a treaty of …show more content…
He felt that all were evils in the political system. He explained that the instability of the laws become obstacles for our citizens and foreigners. The greatest evil of the three was the injustice of laws of the states because it brings into question the fundamental principle of republican Government, that the majority who rule in such governments, are the safest guardians of both public good and of private rights. Madison questioned what was to restrain the majority from unjust violations of the rights and interest of the minorities or of individuals and felt that it was tendency of the those in the majority to tyrannize over the minority. This type of oppression was more likely to occur in small political units such as state
James Madison once said,” All men having power ought to be distrusted.” Through these words, Madison made the statement that not all government officials use their authority for good; some abuse that power and use it to gain more for themselves rather than vesting it within the people. This issue may lead to tyranny. Tyranny is when all powers belong to only one person or group. In May of 1787, the Constitutional Convention was held in Philadelphia to draft a better constitution. One of the topics that concerned many was how the constitution would guard against tyranny. Madison and the other delegates wanted a Constitution that would be strong enough to unite the states and the people together without letting there be one person or group gain too much power. They achieved this in several ways. Today, the U.S. Constitution guards against tyranny by including a separation of powers, federalism, and the fair representation of states.
Madison states several things in his papers that will be used in the United States Constitution. He says: “authority will be derived from and dependent on the society, because society is broken into so many parts, interests and classes of citizens…”, ”government must protect the weak as well as themselves.”. “Principles of justice” and the “general good” of the people are also mentioned.
He states that the government had too many leaders and not enough followers. That the government administrated by too many people who had a different motive on running the state. In addition, Madison agreed to what Hamilton was saying. Therefore, Madison helped Hamilton settle this dilemma. “It has been seen that delinquencies in the members of the Union are its natural and necessary offspring; and that whenever they happen, the only constitutional remedy is a force, and the immediate effect of the use of it, civil war.” (Hamilton) Hamilton father explains why this would be a problem with government and predicts what might happen if it reaches to that point. “To this reasoning, it may perhaps be objected, that if any State should be disaffected to the authority of the Union, it could at any time obstruct the execution of its laws, and bring the matter to the same issue of force, with the necessity of which the opposite scheme is reproached.” (Hamilton) Both Alexander Hamilton and James Madison wrote the 18th and 19th Federalist paper. The 18th article spoke about contradicting the argument of anti-federalists that proposed a monarchical rule in America. Madison states that if the anti-federalist and federalist do not collaborate on the rule that they established for the people. They would become like the people in Greek history. “Instead of this obvious policy, Athens and Sparta, inflated with the victories and the glory they had acquired, became first rivals and then enemies; and did each other infinitely more mischief than they had suffered from Xerxes.” Demonstrating a jealous view of power and disorganized fashion. “Their mutual jealousies, fears, hatreds, and injuries ended in the celebrated Peloponnesian war; which itself ended in the ruin and slavery of the Athenians who had begun
All the presidents in the past have played an important part in shaping our country the way it is today. Either for better or for worse. James Madison is one of the presidents which made a difference for the better and probably did some of the best actions for our country. He did his job with pride for The United States of America and he did his job humbly with efficiency. That is why I look up to this American Hero.
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
It is interesting to see how he took these scattered and incomplete fragments and built them into an intellectual and theoretical structure of his own. Madison's first full statement of this hypothesis appeared in his "Notes on the Confederacy" written in April 1787, eight months before the final version of it was published as the tenth Federalist. Starting with the proposition that "in republican Government, the majority, however, composed, ultimately give the law," Madison then asks what is to restrain an interested majority from unjust violations of the minority's rights? Three motives might be claimed to meliorate the selfishness of the majority: first, "prudent regard for their own good, as involved in the general . . . good" second, "respect for character" and finally, religious scruples. After examining each in its turn Madison concludes that they are but a frail bulwark against a ruthless
The dangers of faction can somewhat outweigh the good. The framers of the American Constitution feared the power that could possibly come about by organized interest groups. Madison wrote "The public good is disregarded in the conflict of rival factions citizens who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." However, the framers believed that interest groups thrived because of freedom, the same privilege that Americans utilize to express their views. Madison saw direct democracy as a danger to individual rights and advocated a representative democracy to protect individual liberty, and the general public from the effects of such inequality in society. Madison says "A pure democracy can admit no cure for the mischief's of faction. A common passion or interest will be felt by a majority Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths."
Continuing the metaphor of faction as a disease, Madison labels “[a] republic” as “the cure for which we are seeking”. Madison notes that a republican government differs from pure democracy in that the delegation of the government is smaller and can thus achieve efficient action. Another contrast lies also in the extent to which a republic has influence over a “greater sphere of country”. The passing of public views “through the medium of a chosen body of citizens” allows for refinement of ideas due to the influence of elected officials’ wisdom and is “more consonant to the public good than if pronounced by the people themselves”. To protect against the caprices of wicked men, the number of representatives of the people will be a quantity that stymies the influence of the few but is able to, as Madison states, “guard against the confusion of a multitude”. Madison then references his belief in the common sense and good will of men in that “the suffrages of the people” is likely to result in the election of men most deserving and fit for their roles as representatives and lawmakers. Madison presents an avowal that counters one of the Anti-Federalists’ major grievances: “[t]he federal Constitution forms a happy combination” with “the great and aggregate interests being referred to the national, the local and particular to the State legislatures”; Anti-Federalists feared that a stronger
In conclusion, Madison thinks the human nature is ambitious, and the fixed outcome of human ambitions is people create factions to promote their own interests. In the case of preventing corrupt or mischief by factions, he believes majority and pure democracy is not a solution. The method he advocated is a large republic with checking system. He converts human ambition to provide internal checks and balances in government. His point of view stimulated the approval of the proposal of the United States Constitution.
...he other hand, Madison discusses the topic of liberty in that it is what fuels factions. He says that removing liberty is one of the only ways to destroy a faction. He proceeds to state that this is not probable, and that factions can not be destroyed, but we must control their consequences in order to have a stable government. Madison believes that the Constitution preserves man's liberty by fairly representing them in a central government.
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.
During his entire life, James Madison, who is one of the founding fathers, contributed many dedications to the States, especially when creating the Constitution and the Bill of Rights. As the fourth president of the U.S, he consciously chose to create a new model of presidential power that he thought would fit better with the system of the separation of powers after seeing “the danger overwrought executive power poses to republican constitutionalism” (Kleinerman). Despite of having such good intention, some of his actions led the country through some significant suffers.
In Federalist No. 10, James Madison stresses that “measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.” Madison philosophized that a large republic, composed of numerous factions capable of competing with each other and the majority must exist in order to avoid tyranny of majority rule.# When Federalist No. 10 was published, the concept of pluralism was not widely used. However, the political theory that is the foundation for United States government was the influential force behind pluralism and its doctrines.
Power should always be distributed, because too much power isn't always a good thing. Too much power can result in domination of others, which is why organization and structure is the key to success, and that's where the Madisonian Model comes in. However, not all ideas intended to succeed do. Even though Madison's model was designed to prevent the imposition of tyranny, that didn't seem to work out too well. Madison's model has failed due to the abuse of power, resulting in the domination of one group over another. ( your thesis should be a bit more specific. How has power been abused and what group. However you are on the right track)
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.