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The bill of rights in today's society
Checks and Balances and Separation of powers
Checks and Balances and Separation of powers
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Throughout American history, many individuals have made reforms to the government. However, significant actions done by George Mason and James Madison still impact society today with the Bill of Rights and the implementation of a ‘check and balance’ government system. George Mason and James Madison were both influential figures in the creation of the United States’ government structure with their oppositions to prejudiced governments.
George Mason, a figure in American History who strongly advocated for individual freedoms and rights, strongly opposed the unjust actions committed by the British Parliament. The British government had been passing Acts against the will of the colonists, and Mason was upset by these actions.
“that the several Acts of Parliaments for raising a Revenue upon the people of America without their consent, the creating new and dangerous Jurisdictions here, the taking away our Trials by Jurys, the ordering Persons upon criminal Accusations, to be tried in another Country than that in which the Fact is charged to have been committed.”
Mason writes in his 1774 Fairfax County resolves about certain unmerited acts that Parliament performed. Mason refers to taxing without consent; enacting new jurisdictions and taking away fair trials, and the freedom of being tried in the country where the crime was committed. Since Mason supported individualist freedoms, he thought that this treatment from Parliament towards the colonies was unfair. Mason believed in a government that did not behave like Parliament did – rather one that let the people have most of the power.
While Mason believed in a government that was largely based on the people and their rights, Madison’s ideal government was one with les...
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...798, Jon Roland, The Constitution Society, 10/31/13
4. Encyclopedia Britannica Online, s.v. “James Madison,” accessed December 11, 2013
5. Encyclopedia of the Enlightenment, 2003 ed, s.v. “Madison, James" accessed December 11 2013
6. Encyclopedia of the Enlightenment, 2003 ed, s.v. “Mason, George” accessed December 07, 2013
7. Encyclopedia Britannica Online, s.v. “George Mason,” accessed December 08, 2013
8. "GEORGE MASON: TIMELINES." George Mason: Timelines. http://www.gunstonhall.org/georgemason/timeline.html (accessed December 11, 2013).
9. Jim Powell, “James Madison-Checks and Balances to Limit Government Power,” in Fee. March 01 1996,
However, the author 's interpretations of Jefferson 's decisions and their connection to modern politics are intriguing, to say the least. In 1774, Jefferson penned A Summary View of the Rights of British America and, later, in 1775, drafted the Declaration of the Causes and Necessity of Taking Up Arms (Ellis 32-44). According to Ellis, the documents act as proof that Jefferson was insensitive to the constitutional complexities a Revolution held as his interpretation of otherwise important matters revolved around his “pattern of juvenile romanticism” (38). Evidently, the American colonies’ desire for independence from the mother country was a momentous decision that affected all thirteen colonies. However, in Ellis’ arguments, Thomas Jefferson’s writing at the time showed either his failure to acknowledge the severity of the situation or his disregard of the same. Accordingly, as written in the American Sphinx, Jefferson’s mannerisms in the first Continental Congress and Virginia evokes the picture of an adolescent instead of the thirty-year-old man he was at the time (Ellis 38). It is no wonder Ellis observes Thomas Jefferson as a founding father who was not only “wildly idealistic” but also possessed “extraordinary naivete” while advocating the notions of a Jeffersonian utopia that unrestrained
The third guard against tyranny was checks and balances which means that each branch can check on each other.It says in Madison's quote in Document C that the several offices were arranged so that they can be a check on the other. Document C shows that the branches are separated by congress, president, and the courts, which are the three main parts of the constitution.Checks and balances protects against tyranny by giving the branches the power to check on other branches.
Within the pages of One United People: The Federalist Papers and the National Idea, author Ed Millican dissects not only The Federalist piece by piece, but scrutinizes numerous works of other authors in regards to the papers written by Alexander Hamilton, James Madison, and John Jay. As a result, a strong conclusion asserts that the motives of The Federalist was to create a sturdy nation-state but above all, that American polity is far more complex than pluralism and a free-market economy.
During the early 1800s America was still developing, trying to develop the government so it can learn to stand up on its own. Both Thomas Jefferson and James Madison played a key role in the country’s developing time, they created the idea of strict v. broad constructionism. Political parties were contradicting each other on the different point of views they had on the Constitution. Thomas Jefferson during his presidency sometimes made decisions that were based literally on the Constitution, whereas James Madison being a broad constructionist didn’t always take the Constitution literally.
He states that the government had too many leaders and not enough followers. That the government administrated by too many people who had a different motive on running the state. In addition, Madison agreed to what Hamilton was saying. Therefore, Madison helped Hamilton settle this dilemma. “It has been seen that delinquencies in the members of the Union are its natural and necessary offspring; and that whenever they happen, the only constitutional remedy is a force, and the immediate effect of the use of it, civil war.” (Hamilton) Hamilton father explains why this would be a problem with government and predicts what might happen if it reaches to that point. “To this reasoning, it may perhaps be objected, that if any State should be disaffected to the authority of the Union, it could at any time obstruct the execution of its laws, and bring the matter to the same issue of force, with the necessity of which the opposite scheme is reproached.” (Hamilton) Both Alexander Hamilton and James Madison wrote the 18th and 19th Federalist paper. The 18th article spoke about contradicting the argument of anti-federalists that proposed a monarchical rule in America. Madison states that if the anti-federalist and federalist do not collaborate on the rule that they established for the people. They would become like the people in Greek history. “Instead of this obvious policy, Athens and Sparta, inflated with the victories and the glory they had acquired, became first rivals and then enemies; and did each other infinitely more mischief than they had suffered from Xerxes.” Demonstrating a jealous view of power and disorganized fashion. “Their mutual jealousies, fears, hatreds, and injuries ended in the celebrated Peloponnesian war; which itself ended in the ruin and slavery of the Athenians who had begun
9. Hamilton, Alexander and James Madison, "Federalist Papers: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments," The New York Packet, No. 51, 1788.
Republicanism brought change to America, but called into question was the way this change was brought to America. James Madison through the Virginia Plan proposed a republic nation. The formation of the Republican opposition in the 1790’s continued the legacy of the American Revolution. Even though a republican government meant everyone in America would be under the same government it took away the “individual” freedom they fought for in the revolution but this government is representative of the people. Madison had a vision of an “extended republic” that would include everyone, however he would need a lot of support in order to get this republic. “Over the course of 1790’s, Jefferson and Madison would help turn their objections to Hamilton's
George Washington and Thomas Jefferson were two important men who affected our nations independence and the beginning years of our country. They helped form this nation into a free and sovereign country. Yet, they were different in many aspects they shared a few common features. Both Washington and Jefferson grew up in the southern state of Virginia and like most owned land to grow and harvest crops. In growing up they came from two different class levels of living. The Jefferson family was more famous and richer than Washington’s giving him a greater advantage and opportunity to succeed, especially in higher education. After Jefferson finished regular schooling he was able to attend the College of William and Mary were he studied law. He did so under the teaching of George Wthe who was considered perhaps the greatest teachers of law in Virginia at the time. Washington however was taught by his mom mainly in mathematics and received no higher education. Washington was still knowledgeable and began to put it to use in the army to become as a young British soldier. He interred the army at the young age of nineteen were he began to learn leadership and military strategy which would prove useful in the Revolutionary War to come. Jefferson on the other hand was involved in the laws, courts, and small politics. At the young age of twenty-five Jefferson was elected to the House of Burgesses in Virginia were he served for five years. Washington was known for his great motivational speeches that would rally troops together to prepare for war and lead on to victory. Jefferson was more of a writer not a speaker and by using his skill he wrote and brought forth fresh ideas of independence and freedom.
The Madisonian model, which was first proposed by James Madison, is a structure of government made to prevent either a minority or majority group to build up enough power to dominate the others. The Constitution made this possible. One of the principles was to separate the powers of the government into three branches: executive, legislative, and judicial. The separation of powers allowed each of the three branches to be independent with the exception of working together in order to govern. Congress passes laws, the president applies and manages the laws, and the courts elucidates the laws in distinct conditions. Madison clarified his beliefs in Federalist Paper No. 51 saying that in order for a government to exist it was necessary for there to be a balance in power. By giving each branch administer constitutional means, they'll avoid intrusions of the others. The constitutional means are a system of checks and balances, where each branch of government has the right to inspect the conduct of the others. Neither branc...
As a leader Madison legitimately wanted the best for the American people. As he grew into a politician of authority, he did the best he could at the time to accomplish what the people as a nation needed to be able to thrive for years on after with efforts towards the “Constitution,” “Bill of Rights”, and “Federalist Papers”. All of which are still effective today in the United States Government. James Madison not only wanted the best for his people, he loved what he was doing as well. From a young age he was interested in the political debates over independence. He continued and rose up the ladder in his career because of his passion for what he did and the care he put in his work knowing it will benefit many people other than
John Adams was the last Federalist president which led to the next 16 years of Thomas Jefferson as president for two terms and James Madison as president for two terms. Jefferson and Madison were members of the Republican Party, which had principles and philosophies that were very different than the views of the Federalists. Jefferson and Madison each abandoned the Republican philosophies for Federalism. Jefferson and Madison took on Federalist views while being President of the United States. However, Jefferson and Madison each picked somewhere to stand their ground and keep some of their Republican views.
In conclusion, Madison thinks the human nature is ambitious, and the fixed outcome of human ambitions is people create factions to promote their own interests. In the case of preventing corrupt or mischief by factions, he believes majority and pure democracy is not a solution. The method he advocated is a large republic with checking system. He converts human ambition to provide internal checks and balances in government. His point of view stimulated the approval of the proposal of the United States Constitution.
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.
Firstly, the Fairfax Resolves 1774 was a document of resolutions produced by George Washington, George Mason and Patrick Henery and other influential Virginians in the South rejecting the British Parliaments claim of authority over all the colonies. This document consisted of their grievances on taxation, representation, judicial power, military matters and the colonial economy. These resolves aimed to give America the same equal rights and Britain ‘Is the fundamental principle of the people’s being governed by no laws to which they have not given their consent, by representatives freely chosen by themselves’
...hough many people are not as satisfied with governments as they would like to be, some form of government, no matter how primitive, is necessary to maintain the humanity of a society and to protect many of the citizens who might not be able to do so themselves. Madison’s view of government as a necessity to shield humans from themselves is a truthful, albeit blunt, depiction of the human race. If people were indeed perfect and the world were Utopia, there would be no need for government because there would be no heinous crimes such as murder or arson or theft. However, in actuality, humans are not, have never been, and probably will never be perfect beings, and the world in which humanity lives is not paradise. Hence, it is clearly evident that humans need government to ensure a safe, satisfying life that allows for the prospering and continuation of the human race.