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Essay on ratification of constitution
Essay on james madison federalist 10
Essay on james madison federalist 10
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The ratification of the constitution does not mean that the central government will gain a lot of power and that state powers will be completely annihilated. It will instead allow for the protection of the minority against the oppression of the majority by limiting the states with certain powers. James Madison stated in his essay, The Federalist No.51, that the republic is present to “not only guard the society against the oppression of its rulers, but [also] to guard one part of the society against the injustice of the other part.” If the majority’s voice outweighs that of the minorities, a good amount of people will unable to have their voice heard and are therefore poorly represented. Many are afraid that by limiting the power of the states,
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
The Federalist, No. 10, by James Madison is a clear expression of views and policies for a new government. Madison was a strong supporter and member of the Federalists whose main beliefs favored the Constitution. They also believed that the Articles of Confederation needed to be rewritten so that a new central government would control the power of the states.
When the new Constitution was drafted, the ratification, the official approval by the people of the United States, sparked a national debate. People were shocked by the radical changes it proposed; they expected the convention to merely amend the Articles of Confederation. They were afraid of regressing back into a state under tyranny, a form of rule where a single or small group reigns with vast or absolute power. Americans had just fought for their freedom from the tyrannical rule of the king of England. All their efforts and revolutionary ideas would have gone to waste.
Patrick Henry’s Anti-Federalist argument had a big purpose when it was wrote. It was Henry’s way of talking about his objections to the new Constitution. He listed varies objection to the constitution and stated reasoning behind his objections to make others see his point. Henry was a liberal activist. He wrote his document in first person. The audience for his stated was for the general public. The general public that this would have been in interest to was the government, anti-federalists, the state, and any adult in general.
As James Madison said, “The different governments will each control each other, at the same time that each will be controlled by itself.” What James Madison is trying to say is that the central and state governments have enough power that they don’t control everything. The central government has enough power to help some of the country’s major needs, and the state government has enough power to help the state’s needs because the state’s needs may be more specific. From this, you may conclude, that dividing powers between the central and state governments prevents tyranny. The first guard against tyranny was Federalism, which means a system of government in which power is divided between a federal government and state government.
In 1789, the Confederation of the United States, faced with the very real threat of dissolution, found a renewed future with the ratification of the Constitution of the United States. This document created a structure upon which the citizens could build a future free of the unwanted pitfalls and hazards of tyrannies, dictatorship, or monarchies, while securing the best possible prospects for a good life. However, before the establishment of the new United States government, there was a period of dissent over the need for a strong centralized government. Furthermore, there was some belief that the new constitution failed to provide adequate protection for small businessmen and farmers and even less clear protection for fundamental human rights.
Madison begins perhaps the most famous of the Federalist papers by stating that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions. Madison defines that factions are groups of people who gather together to protect and promote their special economic interests and political opinions. Although these factions are at odds with each other, they frequently work against the public interests, and infringe upon the rights of others.
Federalist Papers No. 78 was an essay written by Alexander Hamilton. Like all of the Federalist Papers, it was published under the pseudonym Publius. Federalist No. 78 examines primarily the term of office for judges but in making the case for lifetime appointments it details the responsibilities of the federal courts. In fact, the department of justice as one of the weakest in the separation of the three powers, not with the other two analogies. It has no power, and no property rights and wealth of the society, cannot take any active action. The Justice Department is absolutely cannot be successfully against the other two departments. Therefore should be the requirement is that it can to protect themselves against violations of the other two aspects. It concentrates on the judge and court to defend the
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
The Founders built certain protections for individual rights into this country's founding documents. The United States Constitution was one such document. In particular, such protections guard Americans who hold minority viewpoints from those who side with the majority. For example, the First Amendment protects the right of free speech to ensure that people who hold unpopular views have just as much freedom to express those views as do people who tend to agree with the majority. The United States Constitution, therefore, was intended to protect the individual rights of Americans from a tyrannical government and majority. However, today, the Electoral College does not represent the vibrant democracy into which the United States has grown.
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.
Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they succeeded. In order to guard against what one of the Founding Fathers called an "excess of democracy," the Constitution was built with many ways to limit the government's power. Among these methods were separating the three branches, splitting the legislature so laws are carefully considered, and requiring members of Congress to meet certain criteria to qualify for office. The Founders did leave a few problems along with their system.
While we have a constitution that lays out our clear cut civil liberties and all the rights we possess, other countries chose to restrict those freedoms. Due to the many advantages the Constitution gives each American citizen, the US has been able to keep this document intact as long as they have while other countries have to constantly restructure their government principles. This stability leads to greater efficiency in our legislative process and a strong sense of national pride. For a nation filled with differences and mixed opinions, the Constitution is a perfect fit. It was written as unbiased as possible to ensure that it was not limiting anyone or anything, instead, giving each citizen the ability to keep their government in check and grant freedom to everyone. During the time the document was written was when the Colonist knew exactly what it felt like to live in a world of oppression and unjust government. As a result, Madison and the other leaders at the time made it a goal to put the power in the hands of the people and make freedom an utmost priority. With an Unbiased approach to government that gives no advantage to one group or another, and with amendments that only help citizens take control, the Constitution is what the early colonist left Europe and died
...t that, invariably in the three decisions that gave states more rights, a need to curb national government supremacy was a more important factor than the Tenth Amendment. Indeed, the dual federalist approach was not the major factor either because the three aforementioned cases were all decided more as a response to the expansion of national supremacy than a desire to exert states rights. The Supreme Court has not always been capable of following the correct interpretation of the Constitution because of the effects of prior cases and political influences. In order to do so in the future, the Supreme Court need only remember that the constitution was meant to-- enhance national government power, the national government is supreme when its laws are made in the pursuance of the Constitution, and the Tenth Amendment gives the states a passive and not aggressive power.
Those who feared that the federal government would become too strong were assured by Madison in Federalist No. 14 that “in the first place it is to be remembered that the general government is not to be charged with the whole power of making and administrating laws…The subordinate governments, which can extend their care to all those other objects which can be separately provided for, will retain their due authority and activity”