Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The creation of the United States constitution
Role of the bill of rights
U.s. constitution then and now
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The creation of the United States constitution
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
The U.S. was never a stranger to political controversies. An early example is the Virginia Plan, which, for example, angered the less populous states. Thus, fears of equal representation were prevalent during the writing
…show more content…
of the Constitution. In Document F, “Brutus” Letter IV, it is stated that “The great art, therefore, in forming a good constitution...as that those to whom the power is committed shall be subject to the same feelings, and aim at the same objects as the people do, who transfer to them their authority.” That quote from the Anti-federalist Papers is directed at the common people who fear no representation, or in other words, reverting to a rulership similar to what pre-revolution America had with England. The letter persuades that a constitution cannot be good if it is not focused on the same feelings and objectives as the common people. Furthermore, people feared that political corruption may ensue due to the rules, or rather the lack thereof, regarding politicians in office. Thomas Jefferson, in a letter to James Madison, writes “the second feature I dislike, and greatly dislike, is the abandonment in every instance of the necessity of rotation in office, and most particularly in the case of the President” (Document E). Jefferson’s statement insinuates that politicians, and maybe even the President, may take advantage of the fact that their days in power are not limited. The Document emulates the fear that America may become extremely politically corrupt, or in the worst case, a dictatorship. Finally, there was worry that political concerns and interests would usurp the needs of the people. In Document A, Madison writes of complaints heard by “our most considerate and virtuous citizens… that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties.” Here, it is hinted that politics will eventually take importance over the public good, which would once again be a step backwards to the English regime prior to the Revolution. All of these concerns, however, eventually lead to the forming of a Bill of Rights. The Bill of Rights was the result of numerous social concerns from the people of the United States.
The prominent figures at the time, such as Jefferson, realized this; Jefferson states in his letter to Madison that “a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inferences.” (Document E). The first part of Jefferson’s statement is plain and obvious: every decent government owes its people a Bill of Rights. The quote “rest on inferences”, however, means that a government, or rather any higher authority, should not attempt to guess what the people want. Instead, the government should represent the people, and ask them what they want. That is what common practices such as voting, and statements such as “no taxation without representation” embody. Nevertheless, in this letter Jefferson recognizes the Bill of Rights as a desideratum. Additionally, in Document C- Federalist Papers #38 - Madison reports that “A fourth concurs to the absolute necessity of a bill of rights, but contends that it ought to be declaratory, not of the personal rights of individuals, but of the rights reserved to the States in their political capacity.” That statement illustrates what exactly the American people were asking for. They did not call for complete abandonment of political interests in favor of social freedoms, they wanted the State as a whole to have a set of rights. Also, the statement includes the words “political capacity”, which is a reference to the aforementioned notion that politicians and political parties should be limited in their power and should not be more important that the people. Rather, politics and socialization should stand on equal ground. Lastly, Document H exhibits four amendments from the Bill of Rights. Examining the wording of these amendments reveals how they specifically targeted the complains of the people and rectified them. Amendment I
writes how the freedoms of the people should not be prohibited; Amendment X says that “The powers not delegated to the United States by Constitution..are reserved to the States respectively, or to the people.” Therefore, the Bill of Rights was the corrective measure taken for the dissent among American citizens. The writing and ratification of the Constitution also lead to economic talk and concerns. A major concern was that the country would return to the harsh tax regime imposed by the English. In Document B, Hamilton writes “The conclusion is, that there must be interwoven, in the frame of the government, a general power of taxation, in one shape or another.” Here, Hamilton states that a taxing system must exist in any form of government in any country. However, he thinks that if the United States were to establish a system of taxes, it would lead to a lose-lose situation for the country. To elaborate, Hamilton later states that “one of the two evils must ensue: either the people must be subjected to continual plunder, as a substitute for a more eligible mode of supplying the public wants, or the government must sink into a fatal atrophy, and, in a short course of time, perish.” Hamilton basically says that the people must be forced with a perennial harsh tax, or the government will fail; neither options are favorable. This problem was eventually solved, once again with the passing of the Bill of Rights. Amendment VIII in the Bill of Rights states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In summary, the writing and ratification of the Constitution also lead to some economic concerns, which were solved through the Bill of Rights. In conclusion, the United States Constitution caused political, social, and economic concerns when it was written and ratified. People feared that political corruption would take over the country, and that their rights would be ignored. Citizens feared that government issues would be considered more important than the issues of the public. Finally, they feared that the government would harshly tax them. All in all, the American people had many concerns regarding the writing and ratification of the United States Constitution, but they were all addressed in the creation of the Bill of Rights.
The constitution is our very best defense against tyranny. Tyranny is when one person or group of people is in total control. The constitution is a written set of rules that everyone has to live by. Our constitution was written at the Constitutional Convention in Philadelphia in May of 1787. How does the constitution guard against tyranny? It guards against tyranny with Federalism, the separation of powers, checks and balances, and with the Big State Little State Compromise.
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
Since its very conception, the Constitution of the United States has while holding great reverence, been a great topic of debate amongst the political scholars left to analyze it in all its ambiguity. Two such scholars, John Roche and Charles Beard, in their analyses of the Constitution aim to tackle a layer of the uncertainty: how democratic the Framers truly intended the Constitution to be. John Roche speaks in unquestionably high regard of the Framers in advocating that they so evidently compromised their own values in order to create a democratic document that would strengthen the US as a whole. Charles Beard conversely insists that as the economic elite of their time, the Framers were influenced primarily by their private interests to
Many complaints focused on the lack of a bill of rights in the Constitution, stating the inalienable rights of an American citizen. In Thomas Jefferson’s Jefferson Writings (Doc. C), he states that no government is entitled to omit such an important part of a country’s makeup. The reason a constitution is made is to protect the rights the people fought for during the Revolution, not limit them. Another concern is the balance of power between social classes and the governmental branches, which was a big issue with the Articles of Confederation. Even with checks in place so no branch of government could become to powerful, there was always a risk. In the “Brutus” and “John DeWitt” papers (Doc. D) it states that this unbalance of power could lead, disastrously, to one group dominating over all others, most likely the aristocrats. Some people, such as Patrick Henry during his Speech to Virginia State Constitutional Ratification Convention (Doc. F) even became heatedly anti-federalist, stating that the Constitution endangered to sovereignty of the states entirely. But even with these various concerns and arguments, the Constitution was ratified by all thirteen states in
How could the government be designed to protect the unalienable individual rights? Their first attempt at solving this issue was the Articles of Confederation, which was a failure for the most part, but not completely. After the failure of the articles, the state delegates tried to revise the articles, but instead, constructed the Constitution. There were so many changes made and very little remained the same. 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.
In the making of the United States, there were many events that are important. This paper intends to highlight a few of those events including; Magna Carta, Mayflower Compact, Declaration of Independence, Articles of Confederation and the Federalist Papers. Many events in America’s history helped to establish the United States as a free and independent country. The Declaration of Independence in particular explains the rights and freedoms that Americans. Each document is like a stepping stones that leads to the next and building upon the pervious document.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
Supporters of a constitution, lacking a bill of rights, were called Federalists. The Federalists included members such as Alexander Hamilton, James Madison, and John Jay, whom wrote a series of essays that were designed to inform and persuade the public of their views pertaining to the issues of the day. Among these views was whether a bill of rights should be added to the constitution. The Federalists, via Alexander Hamilton, dealt with this issue in a foremost way in their 84th essay. In the 84th essay Hamilton begins by explaining that a bill of rights, which are “in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince.”
On further analysis, most of the issues within the document were due to vast cultural, racial, and economic lifestyles that our country did and will continue to support, as unintentional as it may be. This document lessened some of those issues and attempted to accommodate the requests of all states. However, Elitist framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others.
The American Constitution is a living, breathing document. As society progresses, the document is supposed to adjust to the needs and will of the people. However, Levinson challenges whether necessary adjustments are ever actually made. He believes that the way the Constitution is structured promotes an inefficient and even unjust government. Like all arguments, there are always two sides. The founding fathers obviously had the best intentions, and the fundamentals of the Constitution seem to be a guide towards a strong federal republic. However, there are definitely flaws, and the only way to adequately address these flaws would be to call for a new Constitutional Convention. This essay will address why the Constitution is flawed along with its greatest flaw, and why a Constitutional Convention must be called.
Life is tumultuous and unpredictable, and consequently, so are politics. Which begs the question: how well do the varied natures of such things translate to our governing bodies and, more specifically, our own Constitution? An exploration of the origin, the path, and the future of the United States Constitution shows that it might not be as reflective of the wants and wishes of its citizens as it should be; in fact, it may be just the opposite.
Imagine being in a world where you could not speak your opinions. This is would become if there is no bill of rights. After the Constitution was ratified, two groups were formed that came to a disagreement. The Federalists were in favor of how the Constitution was and believed it needed no change. The Anti-Federalists, however, wanted a bill of rights to be added. By limiting the government’s power and allowing people more rights, the Bill of Rights will be very beneficial to all.
These amendments outline basic, natural human rights given to all “American citizens irrespective of race, color, creed or gender, and what state they may live in.” (Amending the Constitution). The Bill of Rights did not come to be without controversy, though. There were two groups at the time, the Federalists and the Anti-Federalists. The Federalists believed that the Constitution already protected the citizens and their natural rights. However, the Anti-Federalists believed that without the Bill of Rights, too much power would be given to the Federal government. If today’s political parties were one or the other, Democrats would be Federalist and the Republicans would want to limit the power of the federal government and thus be
The Bill of Rights cemented the new Republic together by preserving the national government and highlighting individual liberties. The Bill also explains that not all of a person’s rights are listed, but that doesn’t mean that specific forms of expression are prohibited.