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Importance of the constitution
Evolution of federalism in the united states
Evolution of federalism in the united states
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After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either the …show more content…
The responsibilities would include managing debt, creating national monetary and fiscal policies, as well as managing the national tensions that lead to crisis. Men like Alexander Hamilton, George Washington and John Adams, were in favor of the Constitution, supported the Bill of Rights and subsequently, a larger more powerful federal government. In their views for support of a federal government they proposed the Constitution and later added the first ten amendments that make up the Bill of Rights (Lecture). While framing the Constitution issues taken into consideration were states boundaries, representation quotas and veto rights (Countryman 172). Two main plans were proposed to solve the plethora of issues facing the country – one by James Madison and one by Patterson. The fundamental differences was where the federal government derived their power. Patterson advocated for the federal to obtain their power from the states rather than the people, whereas Madison advocated for the power of the centralized government owing its power directly to the people (Countryman 178). After years back and forth conversations, a three tiered system was created that would ensure the integrity of the system by separation and complete independence from each other, thus listing specified duties and power allotted to the Legislative, Executive and Judiciary powers of the United States …show more content…
There were men like Herman Husband who despised wealth, gluttony, extravagance, and luxury, and as such, he made sure that he educated as many “ordinary people” as he could, as often as he could, about the dangers of the ordinary people giving up their power. On the other side of the token, there were the framers who would achieve an added benefit from having a centralized government, which may be why they advocated so heavily in favor of a federal government. Some of the Founding Fathers owned paper securities that were depreciating themselves almost to nothing due to the war and America 's inability to repay her debts. By creating and enforcing a centralized government who would pay off debts, their paper securities would be back on the rise and of course increase their wealth at the expense of others (Countryman 169). Although the Anti-Federalists were able to obtain almost all of what they asked for between the Constitution and the Bill of Rights, the most important thing – a small local government – was now forgone in favor of the federal
The Texas Constitution is a document that describes the structure and purpose of the government in Texas. It took effect in February 15, 1876 and is amongst the longest state constitutions in the United States. It is the sixth constitution since claiming their independence from Mexico in 1836. Texas joined the United States under the Constitution of 1845 with provisions. Those provisions included allowing Texas to enter the union and begin the first U.S. statehood constitution. In 1861 Texas amended to transfer their statehood to the Confederacy. After the Confederacy was defeated Texas was required to adopt a constitution if they wanted to rejoin the union. The 1866 Constitution Convention emerged with a document but it did not last very long.
Supporters of the Constitution called themselves Federalists, a name referring to a balance of power between the states and the national government. They argued for a federal system as in the Constitution. James Madison claimed that the Constitution was less dangerous that it looked because the separation of powers protected people from tyrannical abuse. The Federalists compile a group of essays, known as The Federalist Papers. In No. 51, Madison insisted that the division of powers and they system of checks an balances would protect Americans from the tyranny of centralized authority. He wrote that opposite motives among government office holders were good, and was one of the advantages of a big government with different demographics. In No. 10, he said that there was no need to fear factions, for not enough power would be given to the faction forming people; thus, they wouldn't become tyrannical. Hamilton, in No. 84, defended the Constitution with the case that the Constitution can be amended by representatives, who are there to represent the citizens' interests.
The Federalist wanted to ratify the Constitution while the Antifederalist despised the idea entirely. Alexander Hamilton, James Madison, and John Jay eventually compiled 85 essays as the Federalist Papers. These supporters of the Constitution believed that the checks and balances system (a system in which the different parts of an organization (such as a government) have powers that affect and control the other parts so that no part can become too powerful )would allow a strong central government to preserve states' rights. They felt that the Articles of Confederation was too weak and that they were in need for a change. The Articles of Confederation had “errors” that needed to be corrected argued the Federalist. Ratifying the Constitution lead to an improved more advanced country.
The American Revolution holds a very prominent place in the history of this country, as it was the longest and the most painful war Americans ever encountered. It took many years and numerous conflicts to finally gain independence in 1776 from British domination, which had been subjugating its colonies with laws of an unwritten constitution. It must be understood that though Americans were fighting for the right of democracy and each state wanted self-government, later that same issue turned into a big problem. Soon after America became independent, the former British colonies decided to form their own governments. It was then that the real battle began. The task of forming separate constitutions for each state, along with the formation of governmental institutions, turned in to a huge task -- a task so gigantic that it forced some states to rethink the matter and soon the rumors of a central government started circulating.
In 1787, the United States of America Constitution was ratified by two-thirds of the states. The Constitution created a new government in the United States of America that was constructed around the idea of separation of power by the three branches of government with a system of checks and balances. These branches include the executive branch, the bicameral legislative branch and judicial branch. In order to ensure that no branch were to overpower the other two branches, the forefathers of the United States of America created a system of checks and balances. In the new government of the United States of America, the president had a Cabinet with a Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General and Postmaster General. George Washington, the first president of the United States of America, asked Thomas Jefferson to be the Secretary of State and asked Alexander Hamilton to be the Secretary of the Treasury. Because of the polarity of their political beliefs, Thomas Jefferson, a Republican who believed in strong states rights, and Alexander Hamilton, a Federalist who believed in a strong federal government, had differing opinions on all matters in the government. While Jefferson written that all men are created equal in the Declaration of Independence, Hamilton had helped created the constitution that founded a strong federal government. Thomas Jefferson and Alexander Hamilton laid the groundwork for America’s first two-party system. It is partly because of Thomas Jefferson was the Secretary of State, the Cabinet's expert on foreign affairs, and Alexander Hamilton was the Secretary of the Treasury, the Cabinet’s expert on economic affairs, and partly because they were obliged to work together and prese...
The constitution for Missouri and the United States share many ideologies. One of these similarities is the right of the government to tax its people. Taxing is when part of someone’s purchase or income, is taken away from the government so they can provide and afford services for the people. In the sixteenth amendment, passed in 1909 it states: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration” (US Constitution). This essentially means that the United States government has the power to collect money from a person’s income. As well as being able to collect it there is also the power to implement the
Citizenship is the fiber that unites all Americans. We are a nation connected not by race or religion, but by shared values of freedom, liberty, and equality. What does that exactly signify to the average American citizen? It indicates that several of us, including myself, have not only expressed several of our rights such as freedom to express ourselves, freedom to worship as we wish, voting in elections, serving on a jury or purchasing or owning a firearm but we aspire to protect those rights.
The constitution is one of the most valued documents in history. The typical American believes that the Constitution was a successful conclusion to the American Revolution. However, this is false. The Framers of the Constitution were dreamers who congregated together, originally to amend the Articles of Confederation, in Philadelphia in the early Fall of 1787 at the Constitutional Convention. The creation of the constitution was a result of the American Revolution in which delegates fashioned a manual that established a national government, essential laws and granted natural born rights to certain citizens. They wanted to establish strong fundamentals that would guide the newly free nation into a prosperous future. The document is believed
The Second Amendment has always been met with much debate on whether gun control is constitutional or unconstitutional. The framers of the Second Amendment have left many people with different opinions on what its true intent was. Charles L. Blek Jr. and Joseph Sorban have two different views with many over lapping ideas and use court rulings, Second Amendment history, and past events in their articles to help support their positions.
Throughout the past decade or so the Second Amendment rights issues have arisen with the demand of individuals rights to keep and bear arms. The constitution states the “a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” In the court case upheld in the Supreme Court Columbia vs. Heller, the ongoing debate of this interpretation of the Second Amendment. Heller, a special officer in Washington D.C., was denied the right to being able to register a handgun to keep at home. This case was taken up to the Supreme Court due to Heller’s argument stating that the government of the nation’s capital must obey the Constitution and the Bill of Rights because these texts are the supreme law of the land. Heller’s belief of injunction was certain, “at least one of the founding fathers said that there will be times when the State or Federal Government will overstep its bounds and will need to be put back into its place.” There has not been any lower court cases or any true precedent case besides Columbia vs. Heller for Drake vs. Jerejian. Drake vs. Jerejian seeks an end to the unjustified denial of carry permits by the State of New Jersey; and the unreasonable restriction for concealed carry permits citing “justifiable need” or “urgent necessity” for the issuance of a permit. Constitutional rights are protected under the law and may not be denied by government officials because of perceived “need” or “necessity.” The Second Amendment should not only guarantee this right to possess firearms to members of militia but also to those who may grant this privilege, as well that it’s a right in our constitution. An individual’s Second Amendment right should se...
Although the system of checks and balances and the separation of powers are essential to the establishment of the government, it makes the constitution negative and positive.
The legislative, executive, and judicial branches represent the constitutional infrastructure foreseen by the Founding Fathers for our nation 's governing body. Together, they work to maintain a system of lawmaking and administration based on checks and balances, and separation of powers intended to make certain that no individual or embodiment of government ever becomes too controlling. America is governed by a democratic government or a democracy which is a government by the people, in which the power is established in the people themselves. The people then elect representatives who carry out their power in a free electoral system. The United States government’s basic claim is to serve the people and only through a combined effort can we
In the period directly following Cornwallis’s surrender, the fresh nation discovered a new task, governing their now-sovereign territories. A meeting of the minds, of the upper echelon of society, was convened to draft a document that would lay out the blueprints for the inaugural government. The resulting document was the Articles of Confederation. The Articles turned out to be a horrible system in practice. In theory they prevented central abuse of power by not allocating relevant power to the government and disallowing a head of state, a president. States squabbled with one another and resembled something of an early day United Nations. The Federal government could do nothing to settle inter-state disputes, nor could they levy taxes, hold a military, or enforce laws. Needless to say the government projected a national and international front that was poor, weak, and inefficient. The very founders who sought a limited government new that vast change was needed, and scrapping the Articles altogether was not out of the question.
Even the antifederalists recognized that “…a government without the power to raise money is one only in name.” (Brutus, No.5) A political group emerged in favor of a new constitution and wrote of their ideas in the federalist papers. The new constitution would strengthen the central government but allow for its power to be checked while protecting the rights of the people. These papers were written by James Madison, John Jay, and Alexander Hamilton and published in the late 1780’s at the same time as the anti-federalist papers published by a somewhat unknown “Brutus.” The federalists supported ratifying the new constitution while the antifederalists were mostly concerned with protecting the rights of the people and preventing the government from abusing power. A protection from abuse of power, established in the Constitution, is “the separation of power” which Madison writes about in Federalist Paper No. 51. Since the powers of the central government are separated into 3 branches, the executive, legislative, and judicial, no one branch can become too powerful without being checked by another. This protection is called “checks and balances.” In addition, the Bill of Rights was added to the Constitution to protect the rights of the people, prevent governmental abuse, and to satisfy the antifederalists. Once both groups agreed, The Constitution was signed in
According to the Federalists in the early stages of the American republic, a strong central government was necessary to provide uniform supervision to the states thus aiding in the preservation of the Union. This necessity for a more organized central government was a result of the ineffectiveness of the Article of Confederation’s government that was without a unifying government body. One component of this philosophy was the creation of an executive and other federal branche...