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.
Yoo “argues that the language of the constitution, long-accepted precedents, and the practical need for a speedy action in emergencies all support broad executive power during war.”(Taking sides p73). Yoo describes that the constitution examines the two branches power- the president as Commander-in-chief and congress with control over funding and declaring war. The Framers made it this way to be more flexible and create a more deceive action instead of going through the legislative process. Yoo believes that the President has unilateral war powers based on what is written in the Constitution and does not need Congress approval Michael Cairo on the hand thinks different. He believes the founding fathers never envisioned to grant exclusive war powers to the president.
Marshall studied the case in a manner that helped to create the Judicial Review, which allows congress to study the constitutionality of a law. Marshall stated that Marbury is correct in the fact that he is deserving of an appointment, yet the Judicial Act of 1789 is unconstitutional so the court can't give him an appointment. In this case Marshall stated the powers given to the Supreme Court in the Constitution. By using the Marbury v. Madison case, Marhsall was able to create the Judicial Review which gave more power to Federal government, and thus helping his ideas as a federalists. John Marshall also used the powers of Congress and the relationship between federal and state authorities to end a dispute between national and state law regarding banks—McCulloch v. Maryland in 1819.This time was during the Era of Good Feelings as James Monroe was president.
Even though the constitution was passed, much to William Shatnire’s satisfaction, there was still a good deal of debate over whether it should be a strict or loose interpretation. Shatnire’s fellow federalists thought it should be loose and the Anti-federalists wanted it to be strict. Hamilton, just like Shatnire, believed in a loose interpretation of the Constitution, which meant that “the Constitution “implied” the power to use whatever means were “necessary and proper” to carry out its enumerated powers” (248), so that the central government could become more powerful. One situation in which William Shatnire witnessed the resulting factors of the newly ratified Constitution was a financial problem the country faced, during the first years of the new federal government, which was a time when it had hard time raising money. At first the Congress took on a tariff on imports known as the Tariff of 1789.
He believed that the Constitution gave the federal government opportunities to do whatever was “necessary and proper” as in a national bank. Jefferson on the other hand was an anti-federalist. He believed in a “strict” interpretation of the Constitution. If the Constitution didn’t give abstract power on something, it was up
Constitution limits power by handing it down to states. The states in return tell the federal government what they want. However, probably the most important aspect of our constitution is that fact that the Supreme Court ensures the appropriate division of power. Tocqueville further explains that through the Constitution, the power is handed down to the states. However, the federal Supreme Court ensures the appropriate division of power.
One of the powers given to the Supreme Court is to interpret the US constitution as they wish, which allows easy interpretation and shaping of the constitution for the judges. An example of the Supreme Court judges interpreting the constitution was shown in Roe v Wade in 1973 when the case was handling the controversial issue of abortion and the right to life and their decision referred to the constitution and what they believed the constitution was saying. This clearly shows that a constitution written and devised in the 21st century does still work, as abortion which would once have been determined illegal at all costs, had been interpreted again via the constitution and the judges found that they were able to shape the meaning for their current situation. However, one must also consider that interpretation of the constitution is also based on the Supreme Court judges and their views on the constitution. If a judge is a loose constructionist they are more likely to interpret the constitution in a liberal fashion.
Hamilton begins by telling the readers that this paper will discuss the importance of an independent judicial branch and the meaning of judicial review. The constitution proposes the federal judges hold their office for life, subject to good behavior. Hamilton laughs at anyone who questions that life tenure is the most valuable advances in theory of representative government. Permanency in office frees judges from political pressures and prevents invasions on judicial power by the president and congress. The judicial branch of government is by far the weakest branch.
The constitutional and federal law grants the executive branch all the power necessary to meet current and future challenges. The strength of the executive branch is leveraged against the strengths of the legislative and judicial branches of the federal government to ensure the equilibrium of power. It is this constitutional design that the Founding Fathers envisioned would protect the government from tyrannical rule in 1787, and is the same design that will continue to protect the United States throughout the complex challenges of the current strategic environment of the 21st century and
To do that, it is the duty of a US citizen to understand not only the goals of the Constitution, but the details within the document that achieve those goals. Unfortunately, according to a survey by the National Constitutional Center, only 19% of people knew when the Constitution was written, 23% knew who it was written by, and just a little more than half knew there are three branches of our Federal Government. In order to be the strong country the revolutionaries strived for, US citizens must be informed of the base of their freedom and of their country.