Years after the end of the revolutionary war, the fledgling colonies that would eventually become the United States, would face the daunting task of unifying an eager and restless population. This led to some of the greatest minds in the areas of economics, law, and politics to come together to create a unifying document that was to become the law of the land, The Constitution. One of these contested issues was the idea of separation of powers and what that entailed for the impressionable country. Over the laborious weeks, the various delegates convened, debated and more or less agreed on the powers of the legislative and executive branches with the representatives of both branches being popularly elected into office. However, the tension …show more content…
Hamilton tacks on that the judiciary court and its primary purpose is to act as an arbiter and gauge the liberties taken by the other two branches in its ultimate goal of governing and providing for a ‘more perfect union.’ James Madison in his opinion expressed his concern that “ if men were angels”(Federalist Paper # 51) that there would be no need for a strong central government and that if humans were in fact selfless and righteous the argument over what is fair under law and equity would cease to exist. Sadly, we know this not to be the case, Hamilton explains that the it is too easy for the legislative and executive branches that run parallel with the needs and wants of the general public to be swayed from their original ‘good’ intentions. This dangerous, unseen political danger was the primary focus of the issues of legality undertaken by the courts in handing down controversial decisions in declaring certain acts null and void. There had to be a careful and tedious legal tightrope that the justices in the court had to abide by in deciding what was allowed and what ran counter to the highest standards of the changing nature of constitutional law. Judges are sworn in by oath to protect the constitution and it is of remarkable irony that they be asked to simultaneously honor and be wary of allowing the “living” constitution to be disgraced by any conceivable means of an unconstitutional act. Many were beginning to wonder whether or not the court did wield too
The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel Adams, and Benjamin Franklin. The old government, the Articles of Confederation was not working as it supposed to be, it was vulnerable and cannot secure and defend the new born nation and for that reason the constitution of the united states saw the light.
“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and
On July 3rd, 1776, the Second Continental Congress unanimously declared the independence of the thirteen United States of America from Great Britain. Determined to unify the thirteen colonies, the Continental Congress adopted the Articles of Confederation and Perpetual Union, the first constitution of the United States, on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. Although the articles did not prevent the United States from winning independence, the innate flaws of the articles became apparent in the years following the revolution. The problems of the weak, purely legislative national government became too prevalent for agents of the revolution, such as James Madison and George Washington. Madison and Washington were strong supporters of a federal, or national, constitution, and on June 21, 1788, congress ratified the Constitution of the United States. And in doing so, violated the “Revolutionary Ideology” and the will of the American people.
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated
When the Founding Fathers wrote the Constitution in 1787, the United States just had 13 states. The Founding Fathers believed that more states would want to join the Union in the future. They saw that it would be significant for new states to have the same form of government as the original states had. Since then there are now over 50 states that have similar characteristics which were developed centuries ago; although, resembling the creation of new ideas and inventions, current state government had many problems from being the way it is today, it also has many important features that benefit many people, as well as plays an important role in how American democracy and government works.
The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United
The Constitution for the US has 7 Articles, and they are all very detailed. They help lead our country toward success and let us strive to be the best country that we can possibly be. It is crazy how they wrote it in the 1700’s, and we are now in the 2000’s and still obey it. The writers of it must have been genius’!
In 1787 at the Constitutional Convention in Philadelphia, the framers of the Constitution of the United States of America worked together to identify the best way to elect the President (Patterson, 2013). The ideas suggested varied and ranged from selection by members of congress chosen by lottery, to a popular vote of the people. By the end of the Convention the matter had yet to be settled as the framers fore saw that many of the suggestions were prone to corruption, error, and were very chaotic. The issue was passed down to the Committee on Postponed Matters, who in turn created the system that is used today and is commonly known as Electoral College (Kazin, 2011). The Electoral College was outlined by the Committee to up hold the views of the founding fathers, who were the framers of the Constitution.
Compare the strengths and weaknesses of the Articles of confederation to those of the Constitution. Which document did a better job at protecting liberties? Running a government? Explain your answer with specific examples.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
After the Constitutional Convention in 1787, the United States Government was reorganized under the Constitution. This gave the federal government far more power than did the Articles of Confederation, which invested power within the states. Basically, the Constitution created three branches of government (Executive, Judicial, and Legislative) which would work together to run the government. To make sure that there was an equal balance of power among the branches, a system of checks and balances was devised so that each branch could limit the power of the others. It is important to note that "the doctrine of separation of powers is not established by any constitutional provision [but] rather it emerges from he framers'
By the late eighteenth century, America found itself independent from England; which was a welcomed change, but also brought with it, its own set of challenges. The newly formed National Government was acting under the Articles of Confederation, which established a “firm league of friendship” between the states, but did not give adequate power to run the country. To ensure the young nation could continue independently, Congress called for a Federal Convention to convene in Philadelphia to address the deficiencies in the Articles of Confederation. While the Congress only authorized the convention to revise and amend the Articles the delegates quickly set out to develop a whole new Constitution for the country. Unlike the Articles of
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
| In Massachusetts Bay, men who owned property could go to a town meeting and vote.