President Woodrow Wilson wrote “the he Constitution of the United States is not a mere lawyers’ document, it is a vehicle of life and its spirit is always the spirit of the age.” One must keep this fact in mind when comparing the Constitution and the Articles of Confederation. There was a vast difference in the “spirit of the age” when these documents were drafted. Coming on the heels of the Declaration of Independence and the war against England, and afraid of a dictatorship or a government that did not listen to its people, the Articles of Confederation (which will be referred to as AoC) were written it a way that gave more power to the states. The problem with this type of government was that it was too difficult to enact or enforce laws and the government could not collect enough taxes to support itself. I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes.
The main weaknesses of the Articles of Confederation are that it legislated for states but not for individuals. Congress had no power to tax or regulate trade. It lacked power to control commerce. And it was too difficult to change any of the articles. Then the Constitution was put into place 1787 to overthrow the Articles of Confederation.
They had no power to tax. Lacked power to regulate commerce. All the power rested in the states, and the national government could not do anything independently. * Describe how the Constitution deals with the writ of habeas corpus, ex post facto laws, and bills of attainder. * Writ of habeas corpus- A court order that requires jailers to give reasoning as to why the prisoner is in custody.
Also it was good for the instructors in teaching students about the judicial branch of the United States. I realized the most precious part in this book was the explanation of every case that lead to many historical key decisions under Marshall Court. I strongly agreed with the very last sentence of the book which was the turning point of the whole meaning the book, “ At his death the Constitution stood firmly as the supreme law of the Union, the Court had become a vital and respected organ of the government, and public anxiety and partisan maneuvering over the appointment of Marshall’s successor was widespread” (Stites
And lastly in the Bill Of Rights, amendment 3, “No soldier shall, in the time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. These where created to prevent such abuse of power from happening again. In conclusion, it is clear that many factor lead to the creation of both the Constitution and the Bill Of Rights. The grievances set forth by the colonist where justified and their reactions helped shape the foundation on which the country was built and the reason why we enjoy such freedoms
Although men were not created equally, the forefathers created different historical documents, which have a very serious theme and tone. These important documents affected the past in many good ways. “We hold these truths to be self-evident that all men are created equal, that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness”- the Declaration of Independence (by Thomas Jefferson). This is a very important quote, because the Declaration of Independence was a big step in history for the United States of America to become independent. This text and its quote are written in a serious tone, because it’s about a very serious theme.
The Constitution is relevant because the Constitution undergirds our country, minimal complications have risen with it. And because of the difficulty in creating a whole new document that will be as effective as our beloved Constitution. The Constitution presents the entirety our government is and will ever be. The Constitution explains our branches of government: the executive, the legislative and judicial branches. It establishes the extent to which each individual branch can oversee, as well as the limitations each branch represents.
Still the Electoral College and its difficulties remain. In his book Securing Democracy: Why We Have an Electoral College, Gary Gregg explains the origins of the Electoral College and options for reform: “The Electoral College does not work as it was intended to work by the framers of our constitution.” This is a problem that has been explored very thoroughly and there is as of yet no satisfactory solution. Despite the vital importance of our nation’s voting process, this issue remains unresolved—an obstacle in our nation’s dedication to representation of the people. In any discussion of the Electoral College it is vital to keep in mind the origin of the voting system. The Electoral College was not a spur of the moment thing and
The Supreme Court's power of judicial review should be strictly limited by a constitutional amendment and except as authorized by Congress, no court of the United States or of any individual state shall have the power to review the constitutionality of statutes enacted by Congress or by state legislatures,(Tushnet, 2005). An example is Supreme Court Justices Stephen Breyer and Antonin Scalia, were each defined their personal philosophy to how they decide to hear cases. Justice Breyer believes the Constitution is a "living document" which adheres to the Founders' "values" but changes to society and technology must be considered. In contrast, Justice Scalia said he is not fit to judge the values of the current American public. By not
After examining the Articles of Confederation and the Constitution, the Constitution better represents the reasons that the Revolutionary War was fought by unifying the states, avoiding a monarchy, and also simply solving any major crisis that rose. One of the main principles in which the Revolutionary War was fought was to become their own country. When they became the “United” States of America, they did not intend to become the “Individual” States of America. The Articles of Confederation permitted the states to act as if they were totally separate countries instead of one. The Constitution was able to unify the states under one strong, central government and unify the states creating a strong, independent country.