Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team). The first proposals to this new plan were the Virginia Plan and the New Jersey Plan. The Virginia Plan called for a separation of powers among the government’s three branches: executive, legislative, and judicial. Some states proposed this idea and came up with the New Jersey Plan, which called for all of the states to have equal representation from Congress. In order to move forward from the deadlock of the two proposals, the Connecticut Compromise was enacted. This decided that legislature would be bicameral, which meant that there would be two houses: one would have equal representation and one would be based on state population. This unified the states under a federal system. To this day, there are three types of Fe... ... middle of paper ... ... their rulings. They do not make the laws; that is the job of Congress. Their primary goal is to interpret and decide the constitutionality of federal law. As stated previously from Section 1 of Article 3 of the Constitution about the establishment of the Supreme Court and creation of the lower federal courts, the combination of these court systems represents the original Framer’s compromise to establish a national court and allow state courts to exercise jurisdiction in disputes falling under federal law. Works Cited AShmoop Editorial Team. "Constitution FAQ." Shmoop.com. Shmoop University, Inc., 11 Nov. 2008. Web. 14 Mar. 2014. "District Courts." USCOURTSGOV RSS. N.p., n.d. Web. 14 Mar. 2014. "Structure of the Federal Courts." Federal Court Concepts. N.p., n.d. Web. 17 Mar. 2014. "Researching Appellate Procedure." Research Guides. N.p., n.d. Web. 18 Mar. 2014.
At the time, larger states like Virginia were creating an unfair amount of power for themselves that the small states didn’t have. In the new government, Congress was created to make laws, and was made up of the House of Representatives and the Senate. The House of Representatives would give states a number of Representatives they could have based on their population. This would give fair power deserved to the larger states. The Senate however would be two and only two Senators for each state, no matter how large or small, bringing some equality to Congress.
...However the large states were not satisfied with their plan either, so a third plan was made, The Great Compromise. In other words the Connecticut Compromise (The Great Compromise) happened, it mixed the ideas of the two and was passed by a one-vote margin. The plan consists of proportional representation in The House of Representatives and equal representation in The Senate, as well as adding separation of powers to the mix. It was highly important and crucial to the success of the new constitution.
Several delegates submitted plans for consideration that would strengthen the national government two such plans were the Virginia and the New Jersey Plan. Despite much of Virginia’s plan being accepted, if a compromise had not been reached the New Jerseys plan would have been more workable because it offered: equal representation of the states, provided operational means to congress, and was not a radical departure from the Articles of the Confederation. To begin with the unequal representation of the states in the Virginia Plan was of great concern and controversy while the New Jersey Plan retained equal representation of the states. Virginia proposed a bicameral legislature that included elections by the people and appointments by those elected.
The thirteen states formed a Confederation referred to as the “league of friendship” in order to find a solution for common problems such as foreign affairs.The Articles of Confederation was the nation’s first Constitution. The articles created a loose Confederation of independent states that gave limited powers to the central government. Each state would have one vote in the house of Congress, no matter the size of the population. Members of the one-house Congress, such as Pennsylvania, agreed that the new government should be a unicameral legislature, without an executive branch or a separate judiciary. Under the articles, there wasn’t a strong independent executive. There wasn’t any judicial branch but Congress had the authority to arbitrate disputes between states. Congress was responsible for conducting foreign affairs, declaring war or peace, maintaining an army and navy and a variety of other lesser functions. But the articles denied Congress the power to collect taxes, regulate interstate commerce and enforce laws. Because of this, the central government had to request donations from the states to finance its operations and raise armed forces.
The year of 1776 was a time of revolution, independence, and patriotism. American colonists had severed their umbilical cord to the Mother Country and declared themselves “Free and Independent States”.1 The chains of monarchy had been thrown off and a new government was formed. Shying away from a totalitarian government, the Second Continental Congress drafted a document called the Articles of Confederation which established a loose union of the states. It was an attempt at self-government that ended in failure. The Articles of Confederation had many defects which included a weak central government that lacked the power to tax, regulate trade, required equal representation and a unanimous vote to amend the Articles, and had only a legislative branch. As a result the United States lacked respect from foreign countries. These flaws were so severe that a new government had to be drafted and as a result the Constitution was born. This document remedied the weak points of the federal government and created one that was strong and fair, yet still governed by the people.
When the United States declared itself a sovereign nation, the Articles of Confederation were drafted to serve as the nations first Constitution.Under these Articles, the states held most of the power; but due to an almost absent centralized government, colonists were ill-equipped to deal with such practices as regulating trade both between states and internationally, levying taxes, solving inter-state disputes, negotiating with foreign nations, and most importantly enforcing laws under the current notion of "Congress". Realizing that there were several deficiencies in the current system of self-government, the states appointed delegates to ratify the situation and come up with a way to attain the aforementioned practices they needed to be a functional independent nation.
In response to the Virginia Plan, William Patterson created the New Jersey Plan (sometimes called the Patterson Plan) in order to give an even amount of vote throughout the colonies. It was also based on the Articles of Confederation, or “it was a proposal to ‘revise’ the Articles of Confederation”. This was the original constitution for the government that was supposed to follow after the Revolutionary War. The document generally stated that the Congress should be able to create taxes. The Congress should also be allowed to “regulate and interstate commerce”. The executive and judicial branch would be created under the New Jersey Plan. The executive branch was able to choose the members of the judicial branch, who then would serve for life. The New Jersey Plan also stated that there should be equal vote throughout the states, or each state should have the same amount of the vote as all the other states. The document also stated that ...
This task was easier said than done. The fear of creating a government with too much power was a fear that was very much alive throughout the states. Tyranny was a common factor in developing governments, the delegates were seeking to avoid this error. Two ground rules were put into place for the Convention. The first was that any and all deliberations were to remain secretive. The second was that no topic or decisions would be considered closed and could therefore be up for debate and revision at any time. Once these rules were agreed upon, business started. The two contenders were the Virginia Plan, which had the larger states rooting, and the New Jersey Plan, claiming the votes of the smaller states. Under the Virginia Plan, legislature would be two houses and would be represented based on population. Under the New Jersey Plan, legislature would be one house and each state would have equal representation regardless of population. An agreement could not be reached between these two plans, instead a compromise was made. The Great Compromise met each side with an upper and lower house. The upper house was the Senate and would provide equal representation that was elected by the lower house. The lower house was the House of Representatives and would be dispersed based on population of the states. This compromise satisfied the small and large states, giving a
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
As I stated earlier each state wanted to be represented according to different factors. The states with bigger populations wanted representation to be based solely off of population. The states with smaller populations wanted there to be a fixed number of representatives per state, regardless of size or population. The Connecticut Compromise resolved this issue by forming the two houses that we have today.
The Articles of Confederation set up a government that consisted of a one house body of delegates, with each state having a single vote, acting collectively, could make decisions on certain issues that affected all states. There was no president or judiciary so any decision required nine of the thirteen states’ votes. At this point in time the United States of America ... ... middle of paper ... ... o consider the charms of liberty as imaginary and delusive.”
The Constitution that was created had a strong central government and weaker state governments. Under the Constitution, Congress was given the power to levy taxes, regulate trade between the states, raise an army, control interstate commerce, and more. A three-branch government was established in which a judicial branch handled disputes in a federal court system, a President headed an executive branch, and a legislative branch. Conversely, the anti-federalists believed in weak central and strong state governments, as the way it was in The Articles of Confederation and believed in strict adherence to the writings of the constitution.
The delegates finally came to the decision to create a new and improved set of principles, which would become known as the United States Constitution. This refined version provided the government with a more defined and stronger rule by allowing it to finally regulate taxes, control commerce, and draft troops. Plus, unlike the Articles of Confederation, it called for the creation of an executive branch in government, which allowed for laws to be more heavily enforced. However, in order to insure that one branch did not gain more power than another, check and balances became established as well, and it essentially divided power between all three branches.
The federal government consist of three branches for each one has a specific role that protects and serves each person in the United States. The Constitution established these branches to enhance a stronger federal government as well as to make sure the states worked as one instead as individuals. The method in which it is used goes by Judicial, Legislative, and Executive, these branches go from creating the laws, to implementing laws, to finally interpreting the law. It became known as checks and balances, so that no branch would over power another. Once creating these boundaries, the government became more unified and therefore able to control the country much more formally through the courts. To see the beginning of the never ending, the
Trial courts, or district courts, the Appellate, or the circuit courts, and the Supreme Court of the United States (SCOTUS) which is the only court created from the constitution (Krutz, 498). The second part of this part was Judicial Review. The Judicial Branch of our government has a crucial part in making sure the other two branches, Legislative and Executive, both constitutionally follow their powers. Many of the instances, where their intentions are put into question, are through court cases (Krutz, 508). One of the main ones we discussed considering this subject matter was Murbury v. Madison during the election of 1800. While still in office, during his lame duck period, Adams knew he would lose his control of Congress, so he began to appoint judges, known as the "midnight appointed." However, one of those many he had appointed, and the Senate confirmed, William Murbury, did not get his commission. So, he began to start the journey to sue James Madison, Jefferson's Secretary of State, who was responsible for delivering the official piece of paper. Murbury tried to use a precedent to go straight to the SCOTUS; however, there are only two times when the Supreme Court will have original jurisdiction. That is only when the cases deal with foreign ambassadors and cases that have a state as a party (Krutz,