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.)
During the period from which the drafting of the federal Constitution in 1787 and the ratification in1789, Americans were involved in passionate debate on ratification. Though the Constitution is the supreme law of the United States, it lays the framework for the organization of the United States Government and its citizens. But some felt that the Constitution did not protect the individual rights of citizen well enough, this brought around the Bill of Rights. During this period, the Federalist and the Anti-Federalist, which were the two different factions in contention for power of the government had different ideas of what the Constitution, Bill of Rights and powers of government should be. Each party has their own beliefs on why or why not these documents should or should not be passed and what power is justified.
The three branches of U.S. government are all supported by the U.S. Constitution. Each branch will be broken down to the basic forms and understood how each one is different and have their own roles. The legislative branch is the branch that controls all the power of laws for the whole country. The Legislative branch powers consist of regulating takes, the power to declare war on any foreign country, or the power to impeach the president. The Congress consists of two houses, The Senate, and the House of Representatives.
The Structure and Philosophy of the Constitution of the United States The Constitution of the United States of America, formulated in 1787 at the Constitutional Convention in Philadelphia, shaped the way the government would divide it's powers in respect to the states and the people. The Constitution was conceived to establish a stronger federal government, as the predecessor to the Constitution, the Articles of Confederation, weakened the role of a central government thereby making it difficult to enforce laws and taxes consistently throughout the existing states. The Constitution draws it's inspiration from a few different sources. One source in particular, the Magna Carta, issued in 1215, set the proverbial ball in motion that would help establish a government that recognized the rights of the people, and a representative body of government that would create and enforce laws rather than the arbitrary rule of a king. The Magna Carta acknowledged some of the basic human rights such as property rights, protection from over taxation, and the rights of due process.
Philosophers, like Montesquieu, Voltaire, and Rousseau, all had a great influence in the making of the Declaration of Independence and the U.S. Constitution. Montesquieu had influenced the writers of the U.S. Constitution with the idea of check and balance. Montesquieu stated, "Power should be a check to power." Montesquieu meant by this statement was that a government should have a separation of power to check and balance the government. As a result of his philosophy, Articles One, Two, and Three show how his ideas influenced the writers of the Constitution.
However, both principles function under one principle which is checks and balances. The second part of the U.S. Constitution focuses on individual rights and liberties. However, we will only be discussing the first part of the Constitution in this essay. The framers of the U.S. Constitution wanted to prevent the concentration of power into the hands of one individual, or even one group of individuals, within the national government. In order to accomplish their goal they decided it was necessary to divide the governmental functions into three: legislative, judicial, and executive.
Constitution of the United States In order to understand how the Constitution reflects the history of the American people, one must understand the Constitutions purpose. The purpose of the constitution was to connect the states, establish justice, ensure peace, provide defense, promote general welfare or a fair economic playing field, and to secure liberty now and for the future. It is the United States bylaws of how to govern. It became clear to the United States that a stronger national government was needed and that the Articles of Confederation needed to be rewritten entirely with a new frame of government. With the Articles of Confederation nothing could get done.
First, all legislative power is vested in the house of reps and the senate, and within this broad function, Congress is given special powers to appropriate monies, raise armies and regulate interstate commerce. Second, the house of reps has the right to declare war. Lastly, the Senate is given the power to ratify treaties and approve appointments by the president to the judiciary and executive branch. However, it has been suggested that Congress is the broken branch of the three branches of government because of how well it performs its functions and powers. 1st paragraph Main function – legislature The Philadelphia Convention 1787 gave Congress the power of being the primary law making body in the US.
The Constitution created a strong national government. It also divided the U.S. government into three parts, or branches, each with its own powers and responsibilities. To keep any one branch from becoming too powerful, the Constitution included a system of checks and balances. Under this system, each branch limited the power of the others. There are three branches of the federal government, the executive, the judicial, and the legislative.
To begin, there were such huge numbers of various thoughts that came into play making the Constitution of the United States. The Founding Fathers brought a significant number of various types of government for our new nation becoming free from Britain. They needed to improve an administration than what Britain was. However, they needed a legislature that would work for a considerable length of time after as well. So a chosen few were helped make this conceivable, the Founding Fathers.