Why Is The Constitution Weak

First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state

“The powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The purpose of the tenth Amendment is to define the division of power between the federal government and state governments.

In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the

here were many ways that the Constitution helped to change the weaknesses of the United States. It helps by making the laws easier to pass and more fair, along with different documents. The Articles of Confederation were obviously a flawed document if they needed to be changed into the Constitution, thus the Constitution is helping.

Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they

The Framers of the United States Constitution ultimately decided to give more power to the Federal government rather than the state governments for many reasons. There were many problems with the articles that caused instability in the government, and even a rebellion. Then there’s the Federal government who lacked powers to do anything much because the people were too scared to make the Federal government strong. Lastly, there was the State government who had either too much power or they had power that the Federal government should have. There were a lot of problems with the Articles that needed to be addressed , most of which were addressed.

The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is

The job of a supreme court justice is no easy task. They are given situations that others could not solve and must interpret the constitution in an unbiased way to see what the solution is. Interpreting the Constitution is especially difficult because its ratification was over 225 years ago. This means that the judges need to keep the constitution up to date, while also making sure not to lose the original purpose of each amendment. The constitution

The Constitution lists all the powers states agreed to give to the federal government, and powers not on this list belong to the states or the people. The Founders knew it would be impossible to think of every tiny power the federal government would need, so the list they wrote in the Constitution was basic. To cover to details, they added what we call the “Necessary and Proper Clause”. This clause provides power to Congress to make laws which shall be necessary and proper for carrying into execution the foregoing powers.

However, the most important power was that Congress had the right to obtain territory and control development of the western territories, which was previously controlled by their mother country, Great Britain. (Doc D) With the Articles of Confederation, the United States was able to break away from their mother country and become a free nation, setting up their own government. Although the articles set the United States free, it was unable to provide them with a solid government. Leaders like John Jay and James Madison criticized the Articles of Confederation because of the weak government. (Doc G) There were several problems between the states and the central government. For instance, sometimes the states refused to give the government the money it needed, and they engaged in tariff wars with one another, bringing interstate trading to a halt. The government could not pay off the debts it had incurred during the revolution, including paying soldiers who had fought in the war and citizens who had provided supplies to the cause. (Doc C) In addition, the new nation was unable to defend its borders from British and Spanish encroachment because it could not pay for an army when the states would not contribute the necessary funds. Another serious problem was that Congress could not pass needed measures because they lacked nine-state majority required to become laws. The states

During the years 1781 to 1789, the Articles of Confederation was the bases of the current government. This confederation was set up to create a weak government, leaving main power in the state legislatures. The people of the new United States did not foresee having a strong central government in fear of a monarchy such as that of Great Britain's. To a significant extent, the government under these articles were ineffective due to the lack of power in Congress and control of foreign relations. A contribution to the downfall of the Articles of Confederation is the insufficiency of it.

LAws.com) The Tenth Amendment meaning is that any power that is not given to the federal government is given to the people or the states. (Tenth

The Constitution placed a great deal of power back into the hands of a strong, central government much like that of a monarchy. “The extraordinarily powerful national government that emerged from Philadelphia possessed far more than the additional congressional powers that were required to solve the United States’ difficulties” (Wood 151). The U.S. government was extremely revolutionary though, in the way that it viewed and handled sovereignty. “Unlike the British in relation to their House of Commons, the American people never surrendered to any political institution…their full and final sovereign power” (Wood 160). Throughout the entire American struggle to establish a suitable government, the citizens maintained their ability to influence policy in a way that the British never could.

The constitution first started to provide protection over tyranny in the summer of 1787 where fifty-five delegates met in Philadelphia to help readjust the national government for the better. The task of each representative was to come together to create ideas without letting one person or any one group be in hold of too much power in order for the central government to grow stronger. The constitution had help led by the Articles of Confederation with their influence on not having a court system to make the state force a pay on taxes. The main challenge was to generate a Constitution that would be strong enough to retain possession of power for each state to a minimum so not a single person was the only one to have power or control. The guard on tyranny was supported in 4 ways federalism,separation of powers, checks and balances and small/large state compromises.

The sovereignty of individual states meant that the influence of national government was weak and for a more stable country. The states had to abolish this to empower the federal government