Yet that chaos in not the same as now, therefore the constitution must be interpreted loosely in a way that it fits society nowadays. Loose construction is based on the idea that the Founding Fathers could not have foreseen what the world would be like in the 21st Century, and that the Constitution must be interpreted in light of historic and societal change. Loose construction allows the government to expand powers that are not specifically outlined in the Constitution as long as these powers are not specifically prohibited. Society changed from day to day and the country has to be ready for when changes are made. If powers are not outlined in the constitution, then it is up to the government (courts, judges, etc.)
The Articles of Confederation played an important part in the American Revolutionary War. The purpose of the Article was to provide a general government for the 13 colonies that had won their freedom from British rule. However, the Confederation government was weak and the Article was a failure because the states tended to ignore and paid little attention to acts passed by Congress. In the late 1780s, more and more American leaders concluded that the Articles of Confederation needed improvements. Discussion at the Annapolis Convention of 1786 led to a convention in Philadelphia in 1787.
There seems to have been a very strong opposition towards democracy at the Constitutional Convention, although the framers were in the midst of creating democratic principles to appeal to the majority of the country. This led to the creation of democratic principles such as separation of powers, checks and balances, bicameralism, and the electoral college. Article I of the US Constitution establishes the legislative branch- Congress. Article II of the US Constitution establishes the executive branch - the presidency. Article III of the US Constitution establishes the judiciary branch - the Supreme Court.
This specific paper is about factions and how he was opposed to them because he thought they would tear apart the unity that held the states together. The Federalist Papers had an extensive influence on the Constitution. Madison helped draft the Constitution. He is often referred to as “The Father of the Constitution”. Madison and the other 56 delegates gathered in Philadelphia in May 1787.
The principle was adopted by the Founding Fathers due to their fear of totalitarianism. Montesquieu argued for separation of powers in his book L’Esprit de Lois, where he stated that separation of powers will avoid tyranny ‘When the legislative and executive powers are united in the same person…there can be no liberty.’ On the contrary to the US, the UK’s powers are fused; the Prime Minister is both the executive and part of the legislature. In the US system there is also a separation of personnel, this means that no person can be a member of more than one branch at the same time. When Senator Al Gore was elected vice-president in 1992, he had to resign from the Senate. Similarly, in 2008, Barack Obama too had to resign from the Senate.
Role and Functions of Law LAW/421 Contemporary Business Law Role and Functions of Law In society law functions to maintain social control and to protect the public at large by resolving disputes in a peaceful and reasonable manner. Laws are made to facilitate organized change by creating acceptable processes that can facilitate and lead to change. The Constitution outlines the power of the federal government which only has limited powers; to regulate individuals and businesses; and states are left with more inherent powers to protect their citizens. The Constitution of the United States was designed to have three general functions that include establishing a structure for the federal government and rules for amending the constitution, granting powers for different branches of government, and to provide procedural protections for US from wrongful government action. The Constitution is composed of a preamble, seven articles and twenty seven amendments.
However, under the Articles, the national government was weak and states operated like independent countries. Furthermore, when the weaknesses surpassed the strengths, a Constitutional Convention was called in Philadelphia in the summer of 1787. Under the leadership of George Washington, the current US Constitution was drafted during the convention. The Constitution had amended many of the weaknesses of the Articles, and many of the problems it had failed to address. Even though the changes proposed in the Constitution were essential to the survival of the nation, the Articles of Confederation also had some positive and effective measures.
the Continental Congress, Virginia delegate Richard Henry Lee presented a series of resolutions on June 7, 1776, calling for independence from Great Britain and the establishment of a national government in America. On July 1st, Congress approved the resolutions. Two committees were established; one for drafting a Declaration of Independence, and the other for designing the structure for an American government. Seated on the declaration committee were Benjamin Franklin, Thomas Jefferson, Robert Livingston, Roger Sherman, and John Adams. The manuscript was penned by Jefferson, a 33-year-old Virginian lawyer and planter with a talent for persuasive writing.
Federalists V. the Anti- Federalists After the American Revolution, the United States was free of British control and their first attempt at a formal government was a document titled: The Articles of Confederation. Many believed that under the Articles of Confederation enough power was not given to the central government, while many others believed that too much power was given to the state government. One result of the Articles of Confederation was that the Philadelphia Convention was called in the summer of 1787. The convention was originally called to help strengthen The Articles of Confederation, but it was later decided that a whole new constitution needed to be written. This is where the Constitution of the United States of America was born and with it came the opposing views of the Federalists and the anti-Federalists.
Former Court Justice John Paul Stevens who served on the Supreme Court argues regarding amending the Constitution to promote democracy and rights (Posner, Slate.com). However, enacting new amendments to the Constitution is highly impossible today due to the rules established under Article V. Article V calls for an amendment to be proposed by two-thirds majority vote in the Senate and in the House or through a convention called in by the Congress after a request from the two-thirds votes by the states (Posner, Slate.com). This serves to be the first part of the amendment process if an amendment succeeds in the first stage it moves on to the second stage. Which requires three-quarters of votes from the 50 states in order to be enacted as an official amendment (Posner, Slate.com). The framers decided on the strict enforcement of Article V, as they believed in the ideology of stability, which would allow the government to function properly.