The Constitution Essay

Decent Essays
Years after the end of the revolutionary war, the fledgling colonies that would eventually become the United States, would face the daunting task of unifying an eager and restless population. This led to some of the greatest minds in the areas of economics, law, and politics to come together to create a unifying document that was to become the law of the land, The Constitution. One of these contested issues was the idea of separation of powers and what that entailed for the impressionable country. Over the laborious weeks, the various delegates convened, debated and more or less agreed on the powers of the legislative and executive branches with the representatives of both branches being popularly elected into office. However, the tension…show more content…
Hamilton tacks on that the judiciary court and its primary purpose is to act as an arbiter and gauge the liberties taken by the other two branches in its ultimate goal of governing and providing for a ‘more perfect union.’ James Madison in his opinion expressed his concern that “ if men were angels”(Federalist Paper # 51) that there would be no need for a strong central government and that if humans were in fact selfless and righteous the argument over what is fair under law and equity would cease to exist. Sadly, we know this not to be the case, Hamilton explains that the it is too easy for the legislative and executive branches that run parallel with the needs and wants of the general public to be swayed from their original ‘good’ intentions. This dangerous, unseen political danger was the primary focus of the issues of legality undertaken by the courts in handing down controversial decisions in declaring certain acts null and void. There had to be a careful and tedious legal tightrope that the justices in the court had to abide by in deciding what was allowed and what ran counter to the highest standards of the changing nature of constitutional law. Judges are sworn in by oath to protect the constitution and it is of remarkable irony that they be asked to simultaneously honor and be wary of allowing the “living” constitution to be disgraced by any conceivable means of an unconstitutional act. Many were beginning to wonder whether or not the court did wield too
Get Access