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Direct democracy and representative democracy
The tenth amendment essay
The tenth amendment essay
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The Tenth Amendment was added to the Constitution of 1787 by James Madison due to the problem with its predecessor, the Articles of Confederation. In Article 2 in the Articles of Confederation it states, “Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.” With states having too much sovereignty this caused an issue. Madison was a Federalist and believed that the federal government should have some control over states, therefore, he proposed the 10th Amendment. By the constitution getting rid of state sovereignty it meant Anti-Federalists fearing the possibility of a federal government with unlimited power. However, the states were able to compromise and ratify the Constitution under the agreement that powers not stated on it are reserved to the states or to the people. The 10th Amendment overall gives clarification that federal power is limited and that states or the have control on the issues not stated on the constitution. However, not everyone agreed to the 10th amendment. It was seen as …show more content…
Powers are not directly given to the people, but instead of those they elect to run the government. Therefore, a proposition should be made to where the people have a voice. There shall be a fusion between direct and representative democracy in both federal government and the states. Having more of a direct democracy will make it to where the people bring up any current issues that they want solved. Often, those who represent the states are bought out by elites so they can benefit for themselves through the legislation that they make. By having a direct democracy the people will have the power to be able to bring issues that they want and will therefore, be solved by those who represent them. This also solves the issue
The first of the Progressive amendments is the 16th Amendment. Approved by the Senate in 1909, it introduced the graduated income tax where a person’s taxes increase relative to his or her income. Specifically, the tax charged 1 percent of incomes over $20,000 and a maximum of 7 percent on incomes over $500,000 (Walter Nugent, p.86). It was brought about after the 2 percent tax on incomes over $4,000 tariff in 1894, and was supported by President Taft, Southern and Western farmers, and the Progressives (Foner, p. 718). They believed respectively that the government should wean off obtaining money from tariffs, and that the income tax should fairly correlate to a person’s income. Moreover, it was believed that the amendment would ameliorate the drastic income disparity, and that it would provide the government with more revenue for its increasing state budgets.
Abraham Lincoln became the United States ' 16th President in 1861, delivering the Emancipation Proclamation that declared forever free those slaves within the Confederacy in 1863. If there is a part of the United States History that best characterizes it, is the interminable fight for the Civil Rights. This he stated most movingly in dedicating the military cemetery at Gettysburg: "that we here highly resolve that these dead shall not have died in vain--that this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, for the people, shall not perish from the earth. "The Declaration of Independence states “All men are created equal”.
After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either the
Section 1. of the Amendment XXVI of the Constitution of the United States (US) states that the right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Both houses of the Congress passed the amendment in March 1971.With thirty-eight states adopting it by July 1971; the 26th Amendment was ratified because the prerequisite for three-fourths of states approval had been achieved. President Nixon signed the amendment into law in the same year making the 26th constitutional amendment the quickest to ever be incorporated into the US Constitution. The amendment evoked diverse reactions amongst the public, with some saw it as a judicious
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
The Tenth Amendment was ratified along with the rest of the Bill of Rights on December 17th, 1791, as well, unlike most other amendments, it gave rights not only to the people, but also to the state governments. The Tenth Amendment was passed in order to delegate powers to the state governments and the people that the national government does not have, this amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”
To persuade the Anti-Federalist, James Madison wrote Federalist Paper number ten explaining a weakness with the Articles of Confederation. Federalist Paper ten was published on November 22, 1787. Number ten lays out how the writers of the constitution defined the form of government that would protect minority rights from organized and united factions that intended to pass the legislation injurious to the liberty of the minority or detrimental to the good of the country. Madison stated, “A faction was a number of citizens, whether it is a majority or minority, who were united and activated 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.”
Federalist No. 10 and No. 51 were a series of essays written by James Madison, arguing for the ratification of the U.S Constitution. Before the ratification, the Articles of Confederation only bounded the thirteen colonies, uniting them as military alliance rather than a cohesive government. The central government lacked authority; the national government could not collect taxes or force states to comply with their laws. The lack of a strong central government made it difficult for states to operate effectively as one single nation. The state legislatures had too much power under the Articles, so Madison’s goal was to restrain the power of the states. Madison, Jay, and Hamilton, wrote the Federalist Papers to encourage the citizens to support the ratification of the Constitution. Federalist No.10 and No. 51 are highly regarded in comparison to the rest of the essays. Federalist No.10 is the introduction to Madison’s contributions of the series. Madison addresses the question of "factions" and disastrous effect to our liberties. Madison argues that a strong and large republic would best control the effects of factions, rather than a smaller republic. Madison also argues for representation in government rather than direct democracy. With delegates, the passions of the people would-be filtered, and only the ideas that are good for the majority of the people would prevail. Madison expands his argument in Federalist No.10 by having three separate branches of government, the judicial, legislative, and executive. Each branch would be independent and have equal power. Madison also notes that people are fundamentally flawed, so government needs to be able to control their passions. Madison states, “If men were angels, no government would b...
The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.
The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
The most important idea James Madison shares in Federalist 10 was that the size of the United States and its variety of interests could be guaranteed stability and justice under the new constitution. When Madison wrote this, accepted opinion among sophisticated politicians was exactly the opposite. His “compound republic,” with its “double security” for the “rights of the people,” has survived for over 200 years (James Madison, Federalist
According to a piece of literature “Constitutional Myth #7: The 10th Amendment Protects States ' Rights” by Epps, he states that the concept of states ' rights outdated by 1860. He explains that the original thirteen colonies in the 1700s, separated from England, were making own decisions and ignoring the rules imposed on them from abroad. During the American Revolution, the founding fathers compromised with states in order to ensure the Constitution was ratified and the create the establishment of the United States. For further points, the original Constitution actually would ban slavery, but Virginia would not allow it as well would Massachusetts would not ratify the document without a Bill of Rights, showing 10th amendment in play before it was even
The 4th amendment of The Bill of Rights guarantees freedom from unreasonable searches and seizures. Henry David Thoreau once said, “That government is best which governs least," this statement is true because the more the government is involved, the more complicated life becomes for the people of the U.S. When government is too involved in something, it can soon becomes corrupt. The Safford Unified School District v. Redding was a case in 2009 where thirteen year old Savanna was suspected to have given prescription-strength ibuprofen to a friend in school, this resulted in the vice principal taking her backpack and searching for more pills. Nothing was found in Savanna’s backpack so she was sent by the vice principal to the nurse’s office to be stripped of all her clothes including her undergarments; again nothing was found. In this instance the school became overly involved for non-justifiable reasons which caused the situation to become corrupt. This is comparable to when the government and law enforcement is too involved in the citizen’s lives. It is of unjust law to search the American people without probable cause. The school strip searched Savanna illegally which
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
The articles of confederation were adopted by the continental congress on December 15, 1777. It created a weak central government leaving most of the power to the states. Even though this was what the anti-federalist wanted they knew they needed a change in government. The articles of confederation states in section two that “Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.” This is where the tenth amendment derived from with certain modifications. Both the tenth amendment and the articles of confederation state that the powers not listed are reserved for the states. The reason why the tenth amendment was included was because of the fight that the anti-federalist put up. They demanded state and individual rights so James Madison drafted up the bill of