Discuss briefly the American tradition of representative government. Is representative government as strong as it was when the Constitution was formed? The idea of representative government is deeply rooted in America's history and tradition. It began as far back as the voyage of the Mayflower. The spirit of freedom, self-reliance, the common law, and an understanding of representation, were brought by the settlers from their home. Though many of our ideas about representative government developed from the English model of Parliament, the American tradition of representative government actually began in Jamestown with the “great charter of 1618”and the First Representative Assembly of 1619 and continued on with the Virginia House of …show more content…
There is a second check in the division of powers between the national and state governments—a principle known as federalism. Then finally with the addition of the Tenth Amendment to the US Constitution detailing the rights reserves to the States or People. Which of these checks have proven most lasting? I believe the check of “JUDICIARY is check on LEGISLATIVE through its authority to review all laws and determine their constitutionality.” Has been most proving being hat almost every day the Supreme Court decides wether or not things are Constitutional or not. Which have been most frequently evaded? I believe that the following two checks have been most evaded: “LEGISLATIVE (Congress) has restraining power over JUDICIARY, with constitutional authority to restrict extent of its jurisdiction” and “LEGISLATIVE has power to impeach members of JUDICIARY guilty of treason, high crimes, or misdemeanors.” QUESTION # 2: Discuss briefly the relationship between the federal government and the states as laid out in the original Constitution. When considering the relationship between the federal government and the states as laid out in the original constitution, I believe it to be best described by James Madison in The Federalist # 45 when he states "the powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State
The founding Fathers also tried to make the representation equal in the two houses of legislature. However, the makeup of the senate doesn’t agree with this because large states and small states had the same amount of representation rather than the house that has representatives equal to the ratio of the people. While John P. Roche gave his argument that the founding Fathers were best suited for their position, he never gave concrete evidence to support his statement. On the contrary, Howard Zinn gives his opinion that the founding Fathers were not democratic reformers; rather, they were making decisions that protected their power.
In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the
When the Founding Fathers wrote the Constitution in 1787, the United States just had 13 states. The Founding Fathers believed that more states would want to join the Union in the future. They saw that it would be significant for new states to have the same form of government as the original states had. Since then there are now over 50 states that have similar characteristics which were developed centuries ago; although, resembling the creation of new ideas and inventions, current state government had many problems from being the way it is today, it also has many important features that benefit many people, as well as plays an important role in how American democracy and government works.
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my
The federal government and state governments have had a long history of powers struggles. The struggle goes back and forth between who has the right to make decisions and if there is a problem who should fix it. Sometimes it is better for the federal government to fix issues and during other situations it is better for the state or local governments to fix other issues. In the PBS special of the United States Constitution, Peter Sagal travels around the states documenting the various roles and impact the government has on the country as a whole and on the individual states.
The federal government began to gain power, and in Article I section 8 says, “The Congress shall have power to lay and collect taxes, duties, imports, and excises, to pay the debts and provide the common defense and general welfare of the United States; but all duties, imports and excises shall be uniform through the United States; to borrow money on the credit of the United Staes; to regulate commerce with foreign nation, and among the several states, and with the Indians Tribes… to establish post offices and post roads .” The following quote describes how the national government has different kinds of power compared to federal government. Article IV section 1 says, “full faith and credit shall be given in each states to the public acts, records, and judicial proceeding of every other state. And the Congress may general laws prescribe the manner in which such acts, records, and proceedings shall be proved… ” In simpler words, the state government has to follow laws just like a ordinary
In document a james madison states that power “is first divided two distinct government states and federal” . this decides the process of federalism where state and federal government share power regulate trade, foreign relations, provide army, declare war, make money, post offices, make laws and states controle local government, elections, schools, marriage
Federalist 51 mentions that “the legislative authority necessarily predominates. The remedy for the inconveniency is to divide the legislature into different branches.” Keeping this idea in mind, it is the reason why the legislative branch is divided into the House of Representatives and the Senate. By dividing the legislative branch, Congress assures that too many individuals do not control one large portion of the government and that the legislative branch works with more efficiency without too many conflicting opinions. Additionally, in the Judiciary branch, the author explains that “some deviations [from absolute democracy] must be admitted.” The exception is necessary because according the Hamilton or Madison, the branch needs specific qualifications in order to elect essential members and that the position must be permanent so that it combat all dependence on authority. This concept sets up the process by which Supreme Court justices are put into power today where the president appoints a judge to serve for life or until the judge chooses to retire. Moreover, the article proposes the design that the overall government itself should be split into two sections, the federal and state level. This so that the state government can adhere to the values of its individual populations while the federal government lays down the general guidelines so that the state government’s values does not exploit the citizen’s natural
America’s form of representative democracy came as a result of the transgressions Britain committed against their colonies. Several hundred years of salutary neglect served well for those living an
Federalism is a system of government in which the state and federal governments share power. Doc A is an excerpt from Federalist #51, written by James Madison in 1788. This paper was one of 85 that were written by Alexander Hamilton, James Madison, and John Jay to try to convince the states to ratify the constitution. According to A, “In the compound republic of America the power surrendered by the people is first divided between two distinct governments and the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people.” The quote from Doc A shows that power is divided among the federal and state governments. It is further divided by having 3 branches that equally share the power of the one government. Therefore, the constitution guards against tyranny by making the governments share the power of
Federalism is a system of government in which entities such as states or provinces share power with a national government. During the creation of the constitution the Framers questioned where powers should lie in these separate entities; The Framers however didn’t want to make the mistake of centralized power so they used the system that utilized checks and balances. They created a that system Charles de Montesquieu called the idea of dividing government power into three branches the "separation of powers." He believed it was most important to create separate branches of government with equal but different powers. In the framework, it became clear that they framers wanted preserve liberty with usage of dividing power among state and government.
After the Constitutional Convention in 1787, the United States Government was reorganized under the Constitution. This gave the federal government far more power than did the Articles of Confederation, which invested power within the states. Basically, the Constitution created three branches of government (Executive, Judicial, and Legislative) which would work together to run the government. To make sure that there was an equal balance of power among the branches, a system of checks and balances was devised so that each branch could limit the power of the others. It is important to note that "the doctrine of separation of powers is not established by any constitutional provision [but] rather it emerges from he framers'
Throughout the history of this nation, the Constitution, from the formation to the execution thereof, has set forth the precedent for the demonstration of excessive federal power that is clearly illustrated by history and modern America. Sufficient documentation to back up this premise includes primary documents such as James Madison’s Federalist No. 10, the Constitution of the United States, and other historical pieces. Ample consideration should be given to the paramount decisions of America’s elected officials in critical moments as well in the very construction of the American system of government that favors federalism.
In “Political Representation,” Shapiro et al. (2009) say that “political representation lies at the core of modern politics.” Representation is usually linked to the concept of democracy (Shapiro et al. 2009). The concept of representation is explicitly mentioned in the U.S. Constitution (U.S. Const. art. I, § 1, 2). However, the meaning and appropriate form of “representation” have been debated by political theorists and philosophers for centuries. The definition of representation one chooses to use is influenced by the form of representation one finds most appropriate. Given the different forms of representation, legislators can be responsive in different ways. Representation also operates at two different levels – the national and local