The Constitution and Individual Rights Essay

The framers of the Constitution had a set image they wanted to put forth in America, and to get the document ratified they were forced to make compromises. Two of the most important compromises are the 3/5 clause and “Great Compromise”. During, the Constitutional Convention there was a deadlock about representation. Arguments from both sides seem valid, big states argue representation should be based on population while, small states argue it should be equal representation. In need for a solution, a few men proposed a bicameral legislature. Which, allows for both population based representation, and equal presentation by having a House of Representatives and a Senate. The Senate has equal representation that allows 2 senators from each state,

Also regarding fair representation, members of Congress under the Articles of the Confederation were appointed by state legislatures. With the passage of The Constitution, citizens themselves were able to directly vote for their representatives. The same was true for The Senate under The Constitution actually, and it as well has been changed to a people voting for their own representatives based system.

The Constitutional Convention of 1787 was held to address problems in governing the United States which had been operating under the Articles of Confederation since it’s independence from Britain. Fifty-five delegates from the states attended the convention to address these issues. The delegates consisted of federalists who wanted a strong central government to maintain order and were mainly wealthier merchants and plantation owners and anti-federalists who were farmers, tradesmen and local politicians who feared losing their power and believed more power should be given to the states. The Constitutional Convention dealt with the issue of the debate between federalists and anti-federalists. The debates, arguments and compromises

Without the Great Compromise, the question of union among the states under a strong central government was hesitant. On the other hand, equal representation of states in the upper house flies in the face of the republican ideal of sovereignty in the people. It elevates states, which are nothing more than imaginary political lines drawn on a map, into supposedly-powerful entities and denies the principal of one man, one vote. Also, Senators from states with smaller populations need less time and money to reach out to their constituents than do Senators from highly populous states. Thus, Senators from smaller states can spend more time on the business of the nation, with a natural bias toward their own state’s interests, than can Senators from larger states. Despite these shortcomings, the system has worked, to greater or lesser degrees, for over two centuries. To change this system now would only bring political confusion and raise the same large state/small state concerns that plagued the convention delegates in 1787. The tension between proportional representation in the House and equal representation in the Senate is a check and balance between the unequal states which comprise the union. John Adams understood the power of checks and balances when he said “power must never be trusted without a

The Founding fathers did not want to create a government with too much power so they created the Articles of Confederation. This government turned out to be a failure. In 1787, the founding fathers met again to create a new framework of government. Most people feared creating a government that was too strong. To create a new government there had to be many compromises, the U.S. Constitution is the result of these compromises reached in Philadelphia in 1787. The Articles of Confederation were too weak and created many problems which led to a stronger National government. Two weaknesses of the Articles of confederation were that Congress did not have the power to tax. Another problem was that the states had most of the power and the National Government had little power. Two decisions made by the

With each state having its own government, disputes arose between individual states. A Federal court system was important and was greatly needed to settle the disputes. States often fought over trade and power. A federal court that controlled all of the states would have helped tremendously. If all the states followed the same rules and had the same federal court, they would have all been

In the development process of America, its sound that legislative system has a very solid foundation for the construction of American society. The Bill of Rights as one of the successful act in America, its importance position has never been ignored. The Bill of Rights was introduced by James Madison and came into effect on December 15, 1791. It has given the powerful support for the improvements of American society. The Bill of Rights has become an essential part in guaranteeing the further development of culture. The influence of The Bill of Rights can be easily found in its cultural revolutionizing. It can not only guarantee the harmonious relationship among all the walk of society, but can also promote the construction of harmonious

Following the United States’ independence from Great Britain, the Articles of Confederation were formed in order to hold the country together politically. The Articles proved inefficient, as Congress couldn’t collect taxes or regulate interstate commerce, the government couldn’t raise an army, there was no national currency and most importantly, there was no central government. But the spark that triggered Americans’ realization that they needed to call a constitutional convention happened after an event in Massachusetts in 1786, called Shays’ Rebellion.

Delegates of the 13 states originally formulated the Articles of Confederation under pressure in 1777 after the British captured Philadelphia. They agreed to a vote and to placing proportional tax burdens based on the individual land values of the state, however they left the issue of who was entitled to western lands unresolved. Congress sent the Articles to the states for ratification by the end of November. Most delegates recognized that the Articles were flawed and were a compromise,

That is why there were many compromises during this time. The most famous of the compromises was the Great compromise. The Great Compromise took both the Virginia and New Jersey Plans and met in the middle. This was the start of the constitution and our new government plan. The argument was between large states and small states. The large states wanted to base representatives by population while the small states wanted all representation to be equal between states. Eventually James Madison with Benjamin Franklin’s help would come up with the Virginia Plan. The Virginia Plan stated that we were to have a bicameral government that consisted of the House of Representatives, that was based on population (what the large sates wanted), and the Senate, where all states had the same number of representatives. (What the small wanted.) with this bicameral government and the House of Representatives there comes another problem, how do we count slaves? Because the amount of representatives a state was given was based on their population any state with slaves obviously wanted slaves to count towards their population and any state that didn’t have slaves didn’t want them to count towards the population. The two sides in this argument were the North and the South. The South were the ones that wanted to have slaves count towards the population and the

The Articles of Confederation was the United State’s first constitution, it was written in an effort to unite the states after the American Revolution and served as a blueprint for the modern constitution. In order for the Articles to become official, they had to be approved by all thirteen colonies. Although Congress sent the Articles of Confederation to the states around the end of 1777 to become ratified, they were not officially adopted until March 1, 1781. Under these Articles, the states remained sovereign and independent, with Congress serving as the last resort on appeal of disputes. The American people feared a strong national government and as a result of this, the Articles of Confederation were specifically designed to be weak in the sense that each state maintains its own sovereignty and all rights to govern themselves, with the except of the rights exclusively granted to Congress. Since the Articles lacked many necessary components to keep a nation properly structured, they were eventually revised into the constitution we recognize today. Although, the Articles of Confederation seemed as though it only contained weaknesses, within the document, many strengths and accomplishments were made. Overall, the Articles of Confederation were proven to be both efficient and non-efficient during the time period they were in effect.

This worked out to satisfaction of the smaller states and for the larger states they were given a House of Representatives that would consist of a larger body of representatives for each state in proportion to the amount of the people in that state.

After the Revolution, the States adopted their own constitutions, many of which contained a Bill of Rights. The Americans still faced the challenge of creating a central government for their new nation. In 1777 the Continental Congress adopted the Articles of Confederation, which were ratified in 1781. Under the Articles, the states retained their “sovereignty, freedom and independence,” while the national government was kept weak and inferior. Over the next few years it became evident that the system of government that had been chosen was not strong enough to completely settle and defend the frontier, regulating trade, currency and commerce, and organizing thirteen states into one union.

The Legislative branch has the power to pass federal laws, establish federal courts, override a Presidential veto, and impeach the President. The size of the House of Representatives resulted out of the Great Compromise. The number of Representatives is determined by Congress based on the state population. At minimum each state would have one representative, with larger states having more. When the House was created there was one representative for every thirty thousand people, yet currently we have one

The Bill of Rights is a list of limitations on the power of the government. Firstly, the Bill of Rights is successful in assuring the adoption of the Constitution. Secondly, the Bill of Rights did not address every foreseeable situation. Thirdly, the Bill of Rights has assured the safety of the people of the nation. Successes, failures, and consequences are what made the Bill of Rights what they are today.