Ap Gov Unit 3

The reasoning behind the Constitution of the United States is presented as 'based upon the philosophy of Hobbes and the religion of Calvin. It assumes the natural state of mankind in a state of war, and that the carnal mind is at enmity with God.' Throughout, the struggle between democracy and tyranny is discussed as the Founding Fathers who envisioned the Constitution in Philadelphia in 1787 believed not in total democracy, but instead saw common man as selfish and contemptuous, and therefore in need of a 'a good political constitution to control him.' Being a largely propertied body, with the exception of William Few, who was the

‘Transformed beyond recognition from the vision of the Founding Fathers.’ Discuss this view of the modern US constitution.

With comparison between a small and large government, James Madison argues that a larger government, like the one proposed by the new United States Constitution, would protect from the tyranny of the majority that would likely be the result of maintaining a small government. He argues that voters are more likely to elect “fit” representatives, as compared to the higher corruption plausibility present in a smaller government. Madison formulates an important argument in favor of the government presented by the Constitution.

David O. Stewart, by profession, is a lawyer with a resume that includes everything from arguing appeals at the Supreme Court level to serving as a law court to the acclaimed Junior Powell. But in writing The Summer of 1787: The Men Who Invented the Constitution (specifically, I read the First Simon & Schuster trade paperback edition May 2008, copyrighted in 2007), he uses that experience in law to prove himself a gifted storyteller. Two hundred sixty-four pages long, this United States history nonfiction book does indeed have the substance to engage the reader throughout. It has special features that include two appendices featuring the elector system and the actual constitution of 1787, author’s notes, suggested further reading, acknowledgments and an index (which escalate the total length of the book to three hundred forty-nine pages long).

As stated before, Locke determined that the purpose of government is to protect life, liberty and property. In chapter IX, he gave us the basic concept of government. “First, there wants an established, settled, know law, received and allowed by common consent to be the standard of right and wrong, and the common measure to decide all controversies between them (P. 124). This, as he described later, is the legislative branch. He goes into more detail in chapter XI. “Secondly, there wants a

In offering alternative interpretations of the origins of the Constitution, the author accomplishes his secondary purpose, to make the reader challenge what they know about the framing of the Constitution. Holton details the rebellion of the “Unruly Americans” against the state and national governments, using Adonijah Mathews as an ultimate example of the “common man.” Mathews’ views are presented in order to contrast the views of James Madison, whom it seems the author

In modern America, many citizens hold to the notion that the Constitution was adopted unanimously, without debate or disagreement. Not only is this not the case, the debate and disagreement that took place during the institution of the governing articles for the newly formed country are ultimately responsible for the system we have in place today as the concerns and counterpoints raised in the discussion were more crucial to the successful continuance of stability in the nation than any unanimous decision. Given the apparent import of such discussion, it is therefore prudent to examine the original points of contention to determine their merit and to further ensure that the concerns originally raised have been addressed sufficiently.

The Federalists Papers were written in the eighteenth century by James Madison, Alexander Hamilton and John Jay in an effort to persuade New Yorkers to ratify the new U.S. Constitution. These papers are said to be the key that unlocks the true interpretation and meaning of the Unites Sates Constitution. One of the controversial topics relating to the Constitution that the Federalists Papers help to straighten out, is the practice of judicial review by the Supreme Court. In this essay, I will point out many of the examples Alexander Hamilton gives in Federalist No. 78 that support the idea of the Supreme Court having power of judicial review over all levels of

In 1787-1788 federalist essays came to life thanks to James Madison, John Jay, and Alexander Hamilton under the alias of “Publius”. This paper delves into the motivations of James Madison and how classical republicanism aided in the argument for the ratification.

The primary source is Federalist paper No. 10, which is a the first of James Madison’s contributions to the series of essays known as the Federalist Papers. This essay is a highly regarded paper among the collection. The Federalist No. 10 is merely rhetoric used to rationalize the benefits of a new system of government, explain how the new union will be constructed and most crucial to the essay, sway public opinion to support the ratification of the new constitution. This particular primary source is imperative to understanding the complexity of the United States government at the time of its birth as well as now. Madison makes an argument that the expansion of the federal government is necessary to protect liberty against the excess of democracy. The document reveals the advantages of a Republic and serves as an explanation as to why the U.S. espouses a Republican form of government and the Constitution.

This investigation will explore the question: To what extent did The Federalist Papers influence the ratification of the Constitution? The publications, arguments, and effects of this document will be the focus of the investigation to allow for an analysis of where and in what ways The Federalist was influential during the constitutional conventions from 1787 to 1789.

It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.

The question posed by both Madison and the Framers in the 85 “Federalist Papers” and Dahl in his book How Democratic is the American Constitution? is how effective the Constitution is at promoting the ideals of a democracy. For Dahl, there are several issues surrounding the Constitution, from its drafting, to its ideology, to its relevance. By analyzing Dahl’s critiques of the Constitution in terms of the parallels that exist between factions and the two-party system, the issue of unequal representation, and the necessity for the Framers to compromise on their ideals to ratify the Constitution, Dahl defined a clear argument based in his general disapproval for the Constitution. However, by combining Dahl’s critiques with potential rebuttals from the opinions and perspectives of Madison and his fellow Federalists, it is evident that both Dahl and the Framers believed that if the constitution was completely successful, then the lives of the American people would be enhanced. While Dahl believed that the Constitution, ultimately, has not fully protected the rights of all persons, he, like the Framers, focused on the particulars of government that must be improved such that the American life is bettered.

According to Scott (2008), the Constitution of America has undergone several translations within the history of America because they found it to be unclear. Whereas it appears discrepant that the unclear Constitution could be useful, the disagreement is the case (Robertson, 2005). Americans regard the Constitution to be helpful for the reason that it allows for diverseness of views. In the history of America, a variety of thoughts would develop with alarming and formidable support through various factions (Robertson, 2005). Today, the main political arguments are presented from the Republican group or Democratic group. During the early periods of the American government, arguments on politics were made by Thomas Jefferson

In discussing the Madisonian Dilemma, one must first ask, “How do you give government enough authority to preserve social order and communal values, but not so much that it places unfair and inappropriate limits on individual freedom of choice?” (Bond & Smith 2013, p. 111) This delicate balance between governmental rights and individual freedoms has been a source of much contention and debate. James Madison, a primary framer of the Constitution and author of 30 of the Federalist Papers, believed that the only way this balance of power could be achieved was through controlling the effects of factions through a representative government, fragmenting the power of that government and creating a system of checks and balances within, and