The Balance Of The Constitution Research Paper

A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated

(Document 2) This quote illustrates that there was no way to prevent the branches (executive, judicial, legislative) from abusing their powers. The anti-federalists feared what this strong central government would become. Reasonably, if the constitution was ratified, the federalists would have endless control. The anti federalists feared the government would become a monarchy. Perhaps the biggest argument was mentioned in The Debates in the Several State Conventions on the adoption of the Federal Constitution, “it is the opinion of this convention that certain amendments and alterations in the said Constitution would remove the fears and quiet the apprehensions of many of the good people of the commonwealth….powers not expressly delegated by the constitution… are reserved to several states.” (Document 6) This quote states that the powers that were not given to the original constitution would now be given to the states. Basically, if there was any right or law not originally in the constitution the states were given the right to adjust and look after it.

Upon the ratification of the United States Constitution select individuals expressed Their opinions on how a government should be ran in a series of 85 articles. In these papers dubbed “The Federalist papers”, James Madison explains and defends the checks and balances system unique to our Constitution. In Federalist Paper No.51, Each branch of government is built so that their powers are checked by the powers of the other two branches; additionally, the powers of the three branches are checked by the people, who are the source of legitimate authority. “It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government…If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary…A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

“The strength of the Constitution lies entirely in the determination of each citizen to defend it,” (Albert Einstein). Just as Einstein said, United States citizens needed to decide whether or not they should uphold the Constitution with the "determination" Einstein illustrated. After the Revolutionary War, colonists tried to find new means of national government. Subsequently, they settled with the Articles of Confederation. Realizing that the central government was given barely any power, a variety of political leaders came up with a solution which was soon released to the public: the United States Constitution. Federalists and Anti-federalists took sides and set off into a fierce debate, determining whether they should support the ratification

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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'

This chapter covers quite a bit of information on the Constitution, but how it begins is by first establishing what was in place before the Constitution was created. The historical background given in this chapter explains how the Articles of Confederation were first created in order that some type of union among the states could be agreed upon, so that they were no longer just individual states, but a nation. Unfortunately, the only type of governing the people chose to accept was a weak and essentially useless Congress, who could barely get anything done. This idea was only further proven when it was not Congress that managed to stop Shay’s Rebellion, but instead mercenaries who were hired by wealthy citizens. Due to this startling result

The debate between who should hold more power; the state or federal government, has been debated and discussed since the inception of our nation. The original debate was centered on two opposing parties and their respective ideas, the Federalists and Anti-Federalists. Due to the numerous debates and shifting political climates, the powers have shifted between the states and federal government several times through the nation’s short history.

First and foremost, the 1788 Federalist Papers by James Madison were written with the sole purpose to support the enactment of the Federalist System throughout the states. Wherefore, federalism, with all of its importance in its glory, is ultimately recognized in the United States Constitution. Accordingly, the 10th Amendment of the Constitution’s Bill of Rights addresses that, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, all that is not addressed in the Constitution nor redressed by the national government is left to the state governments as reserved powers. Nonetheless, such reserved authorities have been challenged through the course of history. For instance, in the

The beginning of the United States constitution was the preamble. The preamble states a brief summery of the contents of what the constitution will hold. Before the constitution was thought upon, there was something called the articles of confederation. This document served as the first constitution for the newly independent country. The Articles of Confederation stated that each state could do as they pleased inside their state lines. The people took advantage of this newly found freedom. They decided in each state to have their own language, currency, and prices for imported and out ported goods. This, however, did not work for when a merchant came to sell goods, in a different state, he would sell

Over the years State powers has changed. The States have gained less power relative to the Federal government. Originally the States were the sole governing power through the Articles of the Confederation due to the fear of the development of a monarchy that the U.S. had fought so hard to rid themselves of. Thus gave creation a new form of government through the constitution which fundamentally began the shift of power from state to federal. Next, though significant historical events such as the New Deal and Civil Rights we will see the Federal government infringement on State power. Lastly, we will see how this constant struggle has continued to present day. First, let’s discuss how the constitution transferred State power to Federal power.

The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm

In the wake of the American Revolution, people were struggling for economic stability and national unity. American instituted the Articles of Confederation, which provided for strong state governments and a weak national government. Under the Articles of Confederations, Americans suffered through poverty, inflation and high unemployment. Americans struggled with issues of taxation and diplomatic relations with foreign governments. The new Constitution should not be ratified because it creates a strong central government that would have a lot of power and affect the rights of citizens.

This chapter first begins by discussing America's constitutional history within the role of the federal government. It explains how liberals have changed from the mainly classic liberals such as John Locke and Thomas Jefferson, to ones such as John Dewey and John Maynard Keynes. It also addresses how legislative power is delegated, including the role federal bureaucracy plays in this area. One issue that is brought up in the process of this is whether the practice of delegating legislative power is constitutional or not. Expanding on this is the issue of separation of powers, especially since Article 1 vests all legislative power in Congress. Continuing on with this same thought is the issue of delegating in the domestic context, because while

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.