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U.s. constitution then and now
Us constitution quizlet
Written constitution
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In an article by Gienapp (2015), he stated that as the U.S. was being created, the Framers explored various types of government. The first was the Article of the Confederation which had a lot of problems and weaknesses that needed to be fixed, it required a succession of long debates, and it caused a great deal of regional conflict. Because of this, in the hopes that it will solve most of the problems, the Framers in 1787 began drafting the Constitution as well as signed it which replaced the Article of the Confederation. There was a push for ratification of the Constitution by two parties, one supporting it while the other opposed it. What it boiled down to was there was a split by two groups, the Federalist and Anti-Federalist who verbally …show more content…
The inclusion of the Bill of Rights was one of the points in question that the two parties argued about. The Federalist believed that the Bill of Rights should not be added to the Constitution because as it stood, it restricted the government and not the people. On the other hand, the Anti-Federalist asserted that the Constitution gave the central government too much authority, and it would run the risk of oppression for the people if the Bill of Rights were not added (Sphohn & Hemmens, 2012). It is important to note that ultimately both sides made the concessions and declared their willingness to take up the matter of the array of amendments which would become known as the Bill of Rights. From my understanding, if it were not for this compromise, the Constitution may never have been affirmed by the States. Even though the Anti-Federalist were thwarted in the prevention of the enactment of the Constitution, their efforts were accountable for the establishment and implementation of the Bill of …show more content…
What resulted was an ongoing escalation in federal caseloads and the ensuing appeals to the Supreme Court which directly outpaced the capability of the Justices to keep up with the load of work. To that end, the Circuit Trial Courts were abolished in 1911 by Congress which in turn combined all trial jurisdiction in the district courts thus disposing of the necessity for regular circuit appearances of the Justices for the Supreme Court. However, Congress in the year of 1925, strongly limited the right of systematic appeal to the Supreme Court so that the Justices owing to the acquiesce of certiorari, will be able to decide more than half of the cases that will come before the Court. Based on this information the Court of Appeals grew commensurate in importance as the majority of the decisions became the ending authority in the federal courts. On the other hand, the Supreme Court evolved into the court we know today, with the focal point of constitutional inquiry and the determination of adverse findings in the appeals court (Sphohn & Hemmens,
Both groups came to agreement and agreed that there needed to be a stronger authority requiring an independent salary to function. They both also agreed that they needed to raise safeguards against the tyranny. The anti-Federalists would not agree to the new Constitution without the “Bill of Rights.” The Federalists ended up including the Bill of Rights into the Constitution. The Bill of Rights protects the freedoms of people. It reassured the anti-Federalists the government could not abuse their power by taking it out on the people. The Federalists included the Bill of Rights to get the anti-Federalists votes and support in the Constitution to actually get it
Before the Constitution was drafted, the United States’ budding government, now independent from Great Britain, acted under a dysfunctional constitution called the Articles of Confederation. Although this constitution kept the new nation running, there were still flaws that needed to be fixed. The Articles of Confederation lacked a developed executive or judicial branch and a method for the main government to collect taxes from state governments, according to the background essay of the DBQ Packet. An assembly of fifty-five men eventually gathered for a Constitutional Convention in order to write a new constitution that would better satisfy the people’s needs. The trouble of creating another constitution lied behind creating a document
Our powerpoint states that the Federalists were led by Alexander Hamilton and James Madison. The Anti-Federalists on the other hand, did not agree. The powerpoint mentions that they attacked every area of the Constitution, but two of its features attracted the most criticism. One was the extremely increased powers of the central government. The second included the lack of “bill of rights” that would have provided necessary liberties including freedom of speech and religion.
After the Constitution was written, the new born nation was immediately split into two political sides, the federalists and the anti-federalists, over the ratification. Federalists, southern planters or people that tended to hold interest in trade, advocated a strong executive. On the other hand, anti-federalists, back country people or people involved in business but not in the mercantile economy, opposed the ratification of the constitution. The two sides, after much debate, were able to come to a compromise after the Bill of Rights was included into the Constitution.
The framers had four major goals for the constitution. They wanted to create a strong government that would be able to meet the need's of the nation. Yet they wanted to keep the existence of the separate states. They also didn't want to threaten liberty. And lastly they wanted to create a government that everyone could agree upon.
The Anti-Federalist Party, led by Patrick Henry, objected to the constitution. They objected to it for a few basic reasons. Mostly the Anti-Federalists thought that the Constitution created too strong a central government. They felt that the Constitution did not create a Federal government, but a single national government. They were afraid that the power of the states would be lost and that the people would lose their individual rights because a few individuals would take over. They proposed a “Bill of Rights”, to make sure the citizens were protected by the law. They believed that no Bill of Rights would be equal to no check on our government for the people.
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
Anti –federalist believed that with out the bill of rights, the national government would became a to strong it would threating the americans peoples rights and libertys. Due to prior american revolution, ant-federalist did not forget what they fought for an believed that with a stronger national government, the president could become kind if he wanted. During this time people still feared a strong central government, due to british occupany of the states. Concidently the of people who wanted the bill of rights and were anti-federalist were famers and the working class, as to the fedarlist were extremely rich and powerful people Thomas Jeferson who was a active anti-federalist once wrote to james Madison 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. (Thomas Jefferson to James Madison, 1787. ME 6:388, Papers
Some historical circumstances surrounding the issue of the ratification of the Constitution was weakness of the new government under the Articles of Confederation which led to the Constitutional Convention. Members of Congress believed that the Articles of Confederation, the first government of the United States, needed to be altered while others did not want change. This desired Constitution created a huge dispute and argument between the Federalists and the Anti-Federalists. The people who supported the new Constitution, the Federalists, began to publish articles supporting ratification. As stated in document 2 John Jay (Federalist) had many arguments to support ratification of the Constitution. One argument John Jay used was, with the ratification of the Constitution, he says, “…Our people free, contented and united…” The Antifederalists had numerous arguments they used to oppose the ratification of the Constitution. The Antifederalists believed that a free republic wouldn’t be able to long exist over a country of the great extent of these states.
On September 17, 1787, the Philadelphia Convention sent their new constitution to the states for ratification. The Federalists highly approved of the Constitution because it allowed for a more central and powerful government that was previously undermined under the Articles of Confederation. The Anti-Federalists, however, didn’t want a powerful central government, but, instead, powerful state governments; in response to the Constitution, many Anti-Federalists began writing essays and creating pamphlets as a means of arguing against it. In retaliation to the Anti-Federalists attempt at getting states to not ratify the Constitution, many Federalists developed a group of essays known as the Federalist Papers, which argued for the ratification of the new law system.
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.”
Federalists such as Hamilton supported ratification. But Anti-Federalists, who feared that the document gave too much power to the federal government, worked to convince the states to reject it. Hamilton believed that the ratification was necessary because giving more power to the central government was essential for the nation's survival. In The Federalist Papers Hamilton sets the stage for those that would follow, entitling that "The vigor of government is essential to the security of liberty." The essay...
While the Federalists believe in a strong, central government, the Anti-Federalists believe in the shared power of state and national governments to maintain the rights of all Americans .The Anti-Federalist favored a confederated government were the state and national governments could share power ,protect citizen’s freedom ,and independence. The Anti-Federalists found many problems in the Constitution. Many were concerned the central government take was all individual rights. Anti-Federalist primarily consisted of farmers and tradesmen and was less likely to be a part of the wealthy elite than were members of their rival the Federalist. Many Anti-federalists were local politicians who feared losing power should the Constitution be ratified and argued that senators that served for too long and represented excessively large territories would cause senators to forget what their responsibilities were for that state. They argued that the Constitution would give the country an entirely new and unknown form of government and saw no reason in throwing out the current government. Instead, they believed that the Federalists had over-stated the current problems of the country and wanted improved characterization of power allowable to the states. They also maintained that the Framers of the Constitution had met as a discriminatory group under an order of secrecy and had violated the stipulations of the Articles of Confederation in the hopes for the for ratification of the Constitution. The Anti-Federalist were sure that the Constitution would take away the rights of the American citizens and fought hard to stop the ratification on the
The Federalist wanted all thirteen states to be united as one, and in doing they they wanted each state to have two Senators representing them in congress for everyone to have an equal say. The Antifederalist Worried that the states would lose their individual power to have local control and this is why they strongly opposed the formation of the Senate and the Constitution. Because of the Antifederalist view on liberal state ruling, they had a dispute in fighting for states rights in the 1800s. The Bill of Rights was crucial to the Antifederalist because it gave the states some right back to govern themselves and run a little on there own laws. However,
The two major points disagreement between the two groups were the power and scope of the federal government and the lack of a Bill of Rights in the Constitution. The anti-federalists wanted a national government that would stay weak and have little control over the states. They also stated that without a list of rights(Bill of Rights)given to the people the national government might abuse the rights of the citizens. They considered it crucial to continue with a confederation of sovereign states based on the principle of local self government. The anti-federalists thought the constitution would create a national government that would make the previous states into one. They also thought that since the constitution granted excessive power to the national government, this would create an aristocracy. This would destroy liberty. The anti-federalists did not want the president to be granted power over the armed forces and that the president should serve a maximum of eight years. There was a lot of concern that the senate and the president would unite and combine their powers. Also that the House of Representatives would be unable to protect the liberty of the people. The anti-federalists thought the constitution was granting too much power to congress. They also believed this could eventually lead to giving the legislative branch unlimited powers. They thought that congress’s