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 Federalists were usually characterized as loose constructionists, which meant they focused more on the intent of the constitution and its framers, and believed that changes were necessary for the development of the nation. Although Republicans and Federalists were characterized as having these particular views towards the enactment of the Constitution, when Jefferson and Madison served as Presidents during the beginning of the 19th century from 1800 to 1817, it was proven that even though they seemed to believe in their own views, in reality when time came, they started changing their beliefs and becoming both strict and loose constructionists for the good of the nation, which was strongly advocated by Henry Clay and his American System. The same would occur for the Federalists, so generally, each side did not accurately characterize itself during the early 19th century and proved each side had its similar interest when interpreting the Constitution. Before Jefferson became President in 1800, The Federalists dominated national politics for the first decade of America’s governmental history because of George Washington and John Adams favoring Federalist views. It was not until the
The launching of the Great Experiment September 9, 2013 Establishing a durable Government in the 18th Century was very difficult because there was no way to please all of the country which all had different opinions. Americans have failed before with the Articles of Confederation because it did not meet the needs of our nation. There remained disputes between the Americans which led to the division of government; one remained for the American people and the other for the thirteen colonies belonging to Great Britain. The Constitution was also created to test Americans and to see if they could govern themselves without being watched by someone. The American people were in need of a government that would make everyone happy and satisfied.
It all began with James Madison who was, “considered the “Father of the Constitution,” and believed that strict limits on federal power were best for liberty. Powers of the federal government which were not enumerated in the Constitution were forbidden” (“Constitutional” 1). This is how society should be today, where the federal government is restricted to enacting on the laws solely stated in the constitution. Now many presidents and high authority leaders began to follow this idea. With all other powers off limits to the federal government, they didn’t get too powerful.
How do you think our rights were protected against tyranny by the Constitution? Tyranny is when one person is given all the power to control a country of a government in a dictator like manner. The Constitution guarded against tyranny in several ways, which were federalism, separation of powers, checks and balances, big states vs. small states. The first guard against tyranny was Federalism, a system of government in which power is divided between a federal government and state government. The guard of federalism is shown one way in the Constitution when they set up the compound government to make sure that the federal government doesn’t get too much power.
Federalist #78 Analysis The Federalist #78 was written by Alexander Hamilton on May 28, 1788. In the essay, Hamilton expresses his views on the structure of the Judiciary as written in The Constitution. Although Hamilton listed many positive aspects of the Judicial Branch, he also wrote about negative features the Judicial Branch has neglected to offer as stated in The Constitution. In The Constitution, there are three branches to help balance the government, to make sure there is no way to overpower any other branches within the system. The Executive Branch, which includes the president, is in charge of enforcing laws, the Legislative Branch controls making laws, and the Judicial Branch is a system of courts that interpret the laws created and enforced by the other branches.
By doing this it would lead the democracy to a dictatorship. The separation of powers is another way to ensure that checks and balances are being enforced and followed through. Caplan brings the issue of the debate of the meaning of separation of powers, “…the separation of powers means that each branch has exclusive control of matters in its domain or whether the Constitution generally gives Congress and the president overlapping, or blended, powers, all of which are quite extensive but none of which obviously serves as an absolute trump to the other,” (Caplan 21-2) So the presidential power used in the issue of foreign policy has been somewhat validated by this statement
Founders James Madison is the real father of US government in my point of view. He wrote Constitution, the main rules of the government, as a pioneer. In his idea, the structure of government had to be republic rather than democratic because it was quite difficult to have a direct democracy in such a nation with so many people, and not all of them needed to be listened to by government when making decisions. What’s more, he changed the way of dividing the political powers among several parts of the entire nation, which was quite significant for the emergence of US government at present. First about republic, James Madison decided to abandon the democratic governmental form and used the republic form instead because the latter tended to
The Federalist Papers written by James Madison, Alexander Hamilton, and John Jay were influential in spurring the American people on to the idea of a stronger central government. The major Anti-Federalists were Patrick Henry and Sam Adams, who vehemently opposed a new Constitution being ratified until the Bill of Rights was introduced. All in all the Anti-Federalist argument was weakly put together and failed to convince the public to stick with a revised version of the Articles of Confederation. All of these various factors contributed to the new Constitution because of the weaknesses of the Articles of Confederation the strengths of the new Constitution and the Federalists versus Anti-Federalists debate. Though we no longer go by the Articles of Confederation in today’s government this essay shows the many ways it was a major building block in today’s
As such, the Constitution underlies both the positive and negative functions of the separation of powers. For without some idea of what the branches' duties are, it is impossible to know when and how to defend their rights and their independence. This argument is not disproved by subsequent developments in American politics, in particular the rise of political parties. It is true that the Constitution of 1787 had to be amended to accommodate the practice of presidential and vice presidential candidates running for office on the same party ticket. The Twelfth Amendment, ratified in 1804, changed the method of voting in the Electoral College by requiring the electors to cast separate ballots for President and Vice President.