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The debate over ratification essay
The debate over ratification essay
The debate over ratification essay
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George Mason had the most impact upon the creation and ideas contained within the United States constitution. He was appointed delegate in 1786 and served from May to September 1787; he was one of the most frequent speakers. Since the beginning George Mason was a strong supporter of bicameral legislature and wanted the election of United States senators by state legislatures. In July 1787, Mason proposed for a national executive having only one person who would be chosen for seven years by the national legislature without a second term. He argued that the House of Representatives was not truly representative of the people and that the United States senate had too much power. Also, he was against the powers of the federal judiciary arguing that …show more content…
they would take by force the authority of the state governments. Masons proposition remained effective until late August when John Rutledge suggested the election of the president by a joint ballot. It was then decided that the House of Representatives would be given the choice alone so that the Senate would not have ultimate control over the president. George Mason persuaded the convention to expand its definition of reprehensible offenses in Article II, Section 4 to include “high crimes and misdemeanors”. This was a much broader and obscure standard for dismissing the president. Mason of Virginia was one of the few delegates who wanted to end slavery as he found it disgraceful and diabolical. He was concerned over the amount of slaves being imported and wanted to bring that situation to a halt although he favored federal protection over existing slave property. He did not want to prohibit slavery where it was already present as he felt that would cause more problems. As well as this he wanted slavery to stop spreading to other states. Others were against this idea as they thought that federal intervention in slave trafficking would divide the northern and southern delegates. As a result so as to not destroy the Union, delegates from South Carolina and Georgia made what Mason called a “bargain” with delegates from New England states. If New Englanders continued to support slave importation for twenty years, the southerners would accept a clause that needed a simple majority vote on navigation laws. This compromise was accepted by both parties but it hurt southern economic interests. Although the opposing view of Mason and other delegates did not abolish slave importation immediately, their ideas did manage to make it illegal after twenty years calling this new law the Act Prohibiting Importation of Slaves. George Mason also wanted to make a bill of rights to ensure liberty amongst individuals and not have all the power centralized to one authority.
He felt that the convention was rushing to have an ill-advised constitution for the country. In a letter written to his son he expressed his angst by writing that he "would sooner chop off his right hand than put it to the Constitution as it now stands." Mason proposed a new convention to reconsider not having a bill of rights. This motion was rejected by a majority of votes but anti federalists did not abandon this idea and continued to suggest it again and again for two years. Before the final vote of the Constitution on September 15, Edmund Randolph joined by George Mason and Elbridge Gerry suggested that amendments be made by the state conventions and considered in another general convention. This was also turned down by the rest of the delegates which added to Mason’s reasons for not signing the constitution. He had also not signed it because it did not protect the rights of states to have slavery where it already existed, it did not immediately stop the importation of slaves, and because there was no bill of rights. Earlier on Mason had served in the Virginia Convention in 1776 where he created drafts of the first declaration of rights. When his idea for a bill of rights was turned down he helped the anti-federalists opposing approval of the Constitution unless it included a Bill of Rights. Eventually Mason carried his point across on individual rights when the first ten amendments were approved in 1791 which were based on Mason’s 1776 Virginia Declaration of Rights. This was due in part because James Madison proposed a bill of rights to the Congress on June 8, 1789. Mason’s master draft was not only based on Virginia Declaration of Rights but on Declarations of Rights of Pennsylvania and Maryland as well. George Mason had a great impact on the formation of the United States Constitution and the ideas contained
within. He provided ideas for a bicameral legislature, expressed his thoughts against slavery which led to the importation of slaves to become illegal, and was a main source of the addition of the bill of rights to the constitution. As a result of these achievements he became one of the most important delegates to the Constitutional Convention and one of the most eminent Founding Fathers.
In Francis N. Stites' book, John Marshall, Defender of the Constitution, he tells the story of John Marshall's life by breaking up his life into different roles such as a Virginian, Lawyer, Federalist, National Hero, and as Chief of Justice.
The responsibilities would include managing debt, creating national monetary and fiscal policies, as well as managing the national tensions that lead to crisis. Men like Alexander Hamilton, George Washington and John Adams, were in favor of the Constitution, supported the Bill of Rights and subsequently, a larger more powerful federal government. In their views for support of a federal government they proposed the Constitution and later added the first ten amendments that make up the Bill of Rights (Lecture). While framing the Constitution issues taken into consideration were states boundaries, representation quotas and veto rights (Countryman 172). Two main plans were proposed to solve the plethora of issues facing the country – one by James Madison and one by Patterson. The fundamental differences was where the federal government derived their power. Patterson advocated for the federal to obtain their power from the states rather than the people, whereas Madison advocated for the power of the centralized government owing its power directly to the people (Countryman 178). After years back and forth conversations, a three tiered system was created that would ensure the integrity of the system by separation and complete independence from each other, thus listing specified duties and power allotted to the Legislative, Executive and Judiciary powers of the United States
Being very different from the Articles of Confederation, the Constitution gave the foundation for the legislature and kept each branch in check, assuring none would become too powerful. With the large and small states finally in agreement, ratifying the constitution was the next step. September of 1787 the final draft, containing around 4,200 words, was created by the Committee of Style. George Washington was the first to sign the document on September 17th. Although 39 of the original 55 signed the document, the delegates of Massachusetts were unwilling to approve the document. Nine of the thirteen states had to ratify the document in order for it to become law. To help gain popularity for the Constitution, James Madison, Alexander Hamilton, and John Jay made essays. There were 85 total essays and they were distributed in newspapers across the states. Those who supported the document were referred to as Federalist and those who did not support the document were known as Anti-Federalist. The first states to ratify the Constitution were Delaware, New Jersey, Pennsylvania, Georgia, and Connecticut. Massachusetts still strongly opposed the document, saying that freedom of speech, religion, and press were lacking protection. An agreement was made in February 1788 that the document would be amended to include what was lacking upon ratification. With hesitation,
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.
The U.S Constitution is recognized as a document that secures basic rights for citizens and structures the American national government. Before the Constitution, the states had all the power and the national government was very weak. Therefore, the creation of the Constitution was necessary to grant the national government power. Even though, the Constitution was signed in 1787, there was still debate in that the Constitution gave the national government too much power. Some of the individuals whom opposed the Constitution where Patrick Henry and George Mason. Patrick Henry became the leader of the opponents, because of his strong legal and rhetoric skills. On the other hand, George Mason was a patriot during the American Revolution, whom believed in the inalienable rights of the people. These two man were important figures that argued the dangers ratifying the Constitution would bring and that the Constitution would give too much power to the national government.
James Madison, an American statesman and political theorist that was present at the constitutional convention. Many of the ideas proposed by Madison are part of the reason that the Constitution has withstood the test of time. Madison was ultimately prepared to deal with one of the biggest problems this new government would face in his eyes, factions. Factions, which as defined by Madison are “a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community” (Madison 156). Madison addresses various ways that he sees factions can be cured of its mischiefs such as removing a faction’s causes and also controlling their effects. Madison points out that this is would potentially create an even bigger problem than the factions themselves by stating, “Liberty is to faction, what air is to fire, an ailment, without which it instantly expires” (Madison 156) Madison also stated that the way for a government to remove the cause of faction was either to destroy the liberty that causes factions to exist in the first place or to give every citizen the same beliefs and opinions. Madison deemed this impractical, because it is nearly impossible to give everyone in a given place the same opinions and destroying the liberty would take away the very thing that the colonies fought for 4 years earlier. The fact is Madison knew that the country wouldn’t be able to count on a well-educated statesman to be there any time a faction gets out of hand. Madison knew the only viable way to keep factions under control is not to get rid of factions entirely but to set a r...
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.”
The Constitution, when first introduced, set the stage for much controversy in the United States. The two major parties in this battle were the Federalists and the Anti-Federalists. The Federalists, such as James Madison, were in favor of ratifying the Constitution. On the other hand, the Anti-Federalists, such as Patrick Henry and Richard Henry Lee, were against ratification. Each party has their own beliefs on why or why not this document should or should not be passed. These beliefs are displayed in the following articles: Patrick Henry's "Virginia Should Reject the Constitution," Richard Henry Lee's "The Constitution Will Encourage Aristocracy," James Madison's "Federalist Paper No. 10," and "The Letters to Brutus." In these documents, many aspects of the Constitution, good and bad, are discussed. Although the Federalists and Anti-Federalists had very conflicting views, many common principals are discussed throughout their essays. The preservation of liberty and the effects of human nature are two aspects of these similarities. Although the similarities exist, they represent and support either the views of the Federalists or the Anti-Federalists.
As a federalist Alexander Hamilton wanted to establish a stronger federal government under a new Constitution. He met in Philadelphia with other delegates to discuss how to fix the Articles of Confederation that created a weak central government. During the meeting, Hamilton expressed his view that a dependable current source of revenue would be crucial to develop a more powerful and resilient central government. Although Hamilton played a diminutive part in the writing of the Constitution itself, he did heavily influence its ratification. In cooperation with James Madison and John Jay, Hamilton wrote fifty one of eighty five essays under the joint title The Federalist “The Federalist Paper.” In the essays, he cunningly explained and defended the newly drafted Constitution prior to its approval. In 1788, at the New York Ratification Convention, two thirds of delegates opposed the Constitution, however Hamilton was a powerful advocate for ratification, effectively arguing against the anti Federalist persuasion. His efforts succeeded when New York agreed to ratify, which led the remaining eight states to follow. He had a proposal for the new government that was modeled on the British system, which Hamilton considered the best.
James Madison, a delegate and one of the main supporters of a stronger national authority, had thought ahead and drew up the Virginia Plan before the convention in Philadelphia began. Thus, it became the first discussion of the committee (Roche 19).
The growth of a new nation can be a great struggle. Our founding struggled to form a perfect nation through the enactments of The Articles of Confederation, The Constitution, and also The Federalist Papers. They struggled to make a document that they could depend on in times of need, and the constitution was the one that really set the line and challenged the government to near perfection. Something can never be perfect that's why the federalist papers were created to enhance the constitution and make it something very close to perfect. All of these essays under the federalist papers were very important building blocks that helped us become the great nation that we are now.
Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments for the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the house and the senate and was left with twelve bill of rights. Madison himself took some out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments. This two-third majority was necessary to make the bill of rights legal. On December 15, 1791 the bill of rights were finally ratified.
By the late eighteenth century, America found itself independent from England; which was a welcomed change, but also brought with it, its own set of challenges. The newly formed National Government was acting under the Articles of Confederation, which established a “firm league of friendship” between the states, but did not give adequate power to run the country. To ensure the young nation could continue independently, Congress called for a Federal Convention to convene in Philadelphia to address the deficiencies in the Articles of Confederation. While the Congress only authorized the convention to revise and amend the Articles the delegates quickly set out to develop a whole new Constitution for the country. Unlike the Articles of Confederation, the new Constitution called for a national Executive, which was strongly debated by the delegates. There were forces on both sides of the issue trying to shape the office to meet their ideology. The Federalists, who sought a strong central government, favored a strong National Executive which they believed would ensure the country’s safety from both internal and external threats. The Anti Federalists preferred to have more power in the hands of the states, and therefore tried to weaken the national Executive. Throughout the convention and even after, during the ratification debates, there was a fear, by some, that the newly created office of the president would be too powerful and lean too much toward monarchy.
In the summer of 1787, delegates from the 13 states convened in Philadelphia and drafted a remarkable blueprint for self-government, the Constitution of the United States. The first draft set up a system of checks and balances that included a strong executive branch, a representative legislature and a federal judiciary. The Constitution was remarkable, but deeply flawed. For one thing, it did not include a specific declaration, or bill, of individual rights. It specified what the government could do but did not say what it could not do. For another, it did not apply to everyone. The "consent of the governed" meant propertied white men only. The Bill of Rights did not come from a desire to protect the liberties won in the American Revolution, but rather from a fear of the powers of the new federal government.
In 1787, Thomas Jefferson, the chief architect of the Declaration of Independence, urged the drafters of the Constitution to clearly identify the rights of the people. Jefferson believed past governments had been harsh and restrictive to the populace, governed questionable areas with no just power to act no jurisdictional authority and the result had been a reduction or loss of individual rights (U.S. Department of State). Like Jefferson, many of the founding fathers' generation feared the encompassing and absolute power of a federal government and demanded a Bill of Rights to protect the people and limit the powers of a federal government (learningtogive.org).