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Principles of federalism
Principles of federalism
Basic principles of federalism
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The Federal Constitution is a short document which only consists of approximately 7,000 words.The founders wanted it to be short for several reasons:(1) It's meant to be only be a framework for a new government. Basically, Constitution as merely a guideline for how the government should behave.Nowhere does the Constitution read as merely suggested, everything written in it seems pretty definitive, especially about what Congress should and should not do. (2) The founders were ,also framers of the Constitution, practitioners of centuries-old common law. As known, common law legal system is characterized by case law, which is law developed by judges through decisions of courts and similar tribunals.The founders were steeped in incremental change by the judiciary and they believed that, with the careful interpretation by the judiciary, the document they drafted would be flexible over time. It would adapt to changes they could not anticipate. That is precisely why the Constitution is so short.
Since such a short and framework type document was not included ever...
In document C says, ¨The constant aim is to divide and arrange the powers in a manner that they may be a check on one another.¨ This tells that the constitution is written so that the three branches of government are constantly checked by one another because a law is unfair, biased, or unconstitutional. This also makes it to where the branches of government can't make whatever law they want allowing them to have complete power to do whatever they please thus preventing tyranny. If the branches couldn't check each other they would be able to easily pass laws that only benefit themselves and they could make laws that would put people in harm's way, being able to check each other and putting that in the constitution was a very insightful task. Being able to check each other prevented any one branch from gaining and holding complete control over the
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
In his speech, The Making of the U.S. Constitution, Gordon Wood discusses the history of how the U.S. Constitution came to be. He explains what factors contributed to its making and what the general consensus was about it during the time. He explains that the reason the constitution was created was because the government needed more power. Why did the government need more power? In short, to unify the 13 states and make life, in general, easier for its citizens, officers, artisans, and even to help with commercial interests (Wood, 2012).
The Constitution is composed of 3 major parts. The first of which is the preamble. As the opening statement of the Constitution it outlines the goals the American people have for the country. In the preamble the people are assured the laws of the land would apply to all and be fair to all by this line “establish justice” (Doc 1). Peace and order in the nation along with the providing of defence for the people of America are also promised by the line “insure domestic tranquility, provide for the common defense.” (Doc 1). People were also assured their well being and their freedom as long as they lived in the law,Page 42R “promote the general, and secure the blessing of liberty to ourselves and our posterity” (Doc 1). The preamble sets the tone for the rest of the document and declares the document the “...Constitution for the United States of America.” (Doc 2)
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
We see a great example of this in the article providing for the judicial branch. "The article is now over a dozen pages long, and most of the changes that have been made are of the type that would have been unnecessary had the framers of the constitution stayed with fundamentals, as did the framers of the United States Constitution. The judicial article of the United States Constitution is printed on one page." (Riethmayer, 1941) If the constitution were to be rewritten to be less wordy and provide more of a framework it would be beneficial for running the government under it and accommodating to the ever-changing and growing state of Texas.
The Constitution provides the basic framework of our American Government. The Constitution established the structure of the Government and a written set of rules to stabilizes the conduct of the government . The Constitution was ratified in 1788 in Philadelphia. After long diatribe and political battle between the Federalists and the Anti-Federalists, they finally came to and Agreement. The Constitution divided the national government into three branches; Legislative, Executive, and Judicial. The government is based upon the principles of separation of powers and checks and balances even though in practice many powers and functions interchanged and are shared. In 1791 the states ratified the Bill of Rights in order to protect individuals from the power of the federal government. The 1st Ten Amendments to the Constitution involve provisions for freedom is religion, speech,, press, assembly, and petition. Through the year 2000 the Constitution has been amended twenty seven times due to interminable needs by the people.
There are two major ways that the Constitution is interpreted. One of which is called the “Strict Constitution” of national law, an example of this would be the “Dred Scott decision. The other way is the federalist position, where the Constitution grants broad power to the federal government. Two great examples of this type of interpretation were Chief Justices John Marshall and Earl Warren.
The Constitution was created by Federalists with the intent to broaden the power of the federal
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
The Founding Fathers limit the power of government in the Constitution utilizing many different tactics, many more than even the aforementioned. Their main intent was to make the nation less democratic and to keep the government small. The Constitution has accomplished the Founding Fathers' goal until now, and will hopefully continue doing so in the future.
Each article explains a different part of the government or its citizens. For example, the first 3 Articles talk about the 3 different branches of government along with their powers. While the Bill of Rights talks specifically about individual rights. There are a total of 7 Articles within the Constitution. They all have a different purposes to serve and they all explain something different. Along with the Articles if the Constitution, there are many amendments. Approximately 11,539 proposals to amend the Constitution have been introduced in Congress since 1789. But only 31 amendments have been passed so far. The amendment process is so long and hard that many of the amendments can’t even get out of the Congressional Committee. It was made this way on
The constitution and the words written on it have been interpreted and twisted so many different ways by people in and out of the government to where now it is barley the same document it was back in 1788 when it was ratified. The constitution is not followed in the same way it was which means we are not following the constitution anymore and because of that, the U.S. should not even be following or even trying to follow the constitution anymore because it is not the same document that it was. The constitution is is interpreted so many different ways because of its broadness that almost anyone in the government can have their ¨own constitution¨, it is extremely outdated and there are amendments that are pointless or don't help present day ideals,