The thirteen states assembled in an alliance they termed a “…firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare” (Articles of Confederation). The Articles, however, created ec... ... middle of paper ... ...ights, the Founding Fathers achieved their goals. They had fought a war to free the United States and created a system of government to rule that country, called the Articles of Confederation. The Articles, however, created an unstable government. The Nationalist party called a Constitutional Convention with the aim of creating a new government that would peacefully establish national sovereignty, ensure adequate representation, protect the country from tyranny, and allow freedom for those with minority viewpoints.
(pg. 24) A year later it was evident that independence from British rule was necessary and unavoidable; and, on July 4, 1776 the Declaration of Independence was adopted by the Second Continental Congress. The Declaration of Independence was a social contract between the government and the people. If at any time the government failed at its duties or became... ... middle of paper ... ...ion the government. With the addition of the Bill of Rights, the Constitution was ratified by nine of the thirteen states to become the new federal government.
Americans started "governing themselves" as a nation on July 4th, 1776, when the Declaration of Independence was signed in Philadelphia by representatives of the thirteen British colonies in North America. These states joined together formally in 1781 under a first "constitution," the Articles of Confederation. That loose union of the states was replaced by the Constitution of the U.S. in 1789. This document (amended 26 times) is still the political foundation of the U.S. Being based on a written constitution, the U.S. government is committed in principle to the rule of law.
In this essay we will review the major conflicts and distinctions between the Articles of Confederation and the U.S. Constitution. The first conflict between the Articles and the Constitution was in the way they set up the Legislature. Congress was established as a single Legislature under the Articles of Confederation. The Constitution on the other hand creates a bicameral Legislature, consisting of an upper house named as the Senate and a lower house named as the House of Representatives. The Virginia Plan called for a two house Legislature and it was proposed by James Madison but Edmund Randolph proposed a new national government with an Executive, Legislature, and Judiciary branches.
The Articles of Confederation was ratified in 1871 and considered to be the first Constitution of the United States. The goal of the Articles of Confederation was to ensure each states maintains its independence, sovereignty, and freedom. The Articles were ratified by all 13 states. (Daniel, P.14, 2010) The Confederation Congress called for a convention to meet in 1787 to be held in Philadelphia. The nature of the convention was to revise the articles of Confederation.
Written constitutions, both federal and state, form a system of separated powers. Amendment, in legislation, is a change in a law, or in a bill before it becomes a law. Bills often have amendments attached before a legislature votes on them. Amendments to the Constitution of the United States may be proposed in two ways: (1) If two-thirds of both houses approve, Congress may propose an amendment. The amendment becomes a law when ratified either by legislatures or by conventions in three-fourths of the states.
In the essay Federalist 78, Hamilton focused attention on the judiciary branch and its role in the balance of power among the three branches of government. In order to avoid an omnipotent or tyrannical government, the Constitution enforces limits on Congress that protect individual liberties; However in order to offer such protection, the courts must be independent. Hamilton expresses in his essay that the duties of the Courts are to interpret the laws and prevent both the legislative and executive branches from exceeding their granted powers. “The courts were designed to be an intermediate body between the people and the legislature….The interpretation of the laws is the proper and peculiar province of the courts.” Additionally, Hamilton clarifies that the while the Constitution is both the fundamental and supreme law, the Courts must also place the will of the people ahead of that of the representatives. In July of 1793, President Washington issued a request to the United States first Chief-Justice, John Jay, for an advisory opinion on the constitutional status of his Neutrality ... ... middle of paper ... ...from federal custody.
The Constitution guarded against tyranny by making provisions for federalism, the separation of powers, checks and balances of power, and fairly equal congressional power. In the Constitution, central and state governments received power that was shared and split in a federalist system, preventing tyranny of one over the other. Madison put forward his idea of federalism in Federalist Paper #51. “...the power surrendered by the people is first divided between two distinct governments...The different governments will each control each other, at the same time each will be controlled by itself” (Doc. A).
When the Americans won the war the new leaders were aware that they would need to develop a government. The Articles of Confederation were written and adopted by the United States for this purpose. (Harr, 2012... ... middle of paper ... ...H., (2012) Constitutional law and the criminal justice system. Belmont, Ca: Wadsworth, Cengage Learning. Farrand, Max, (1913) The framing of the constitution of the united states.
The Making of the Constitution The Constitution of the United States, the fundamental law of the United States of America. Drafted by the Constitutional Convention in Philadelphia, Pa., between May 25 and Sept. 17, 1787, it is the world's oldest written constitution still in effect. The document presents a set of general principles out of which implementing statutes and codes have emerged. As such, it embodies the essence of constitutionality--that government must be confined by the rule of law. The House of Representatives, Congress, The President and Vice President were executive powers outlined in key sections within the Constitution.