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¶ … American Colonial experience and the Articles of the Confederation influence the content of our Constitution?
The American colonies existed as separate political entities. The only attempt to consolidate any of the colonies under one united government was that of the ill-fated "Dominion of New England," an attempt to reign in the independent colonies by a monarchy (that of James II) that was thought by many to want to 'catholicize' the Anglican church in the late 1680's. Administration had to be done at a local level because of the inferior condition of the roads. The advent of newspapers and printing presses in the mid-1700's was really the first non-commercial link between colonies; often colonies had been openly hostile to one another. For instance, dissenters that disapproved of the government of Massachusetts founded Conneticut, New Haven, and Rhode Island. The consolidation or division of colonies, when it occurred, happened by skillful diplomacy in London as was the case when Massachusetts absorbed Plymouth Colony and Connecticut absorbed New Haven. Wars with Indian tribes and the French also brought colonies together. These created popular writers and diplomats that self-identified as being 'American;' Ben Franlin was a writer and a diplomat. Finally disputes over taxation and the popularity of literature such as Common Sense and Poor Richard's Almanac. The crisis that demanded the replacement of the loosely confederated United States in the 1780's was Shay's Rebellion. The budget of the young Republic was created at the unanimous discretion of the state assemblies and had no taxing authority....
When rebellions such as the Shays rebellion got out of hand, or when states such as Virginia and Maryland had contesting maritime rights or when the administration of the western territories was in dispute, a stronger authority was needed.
2.- Identify 6 ways (3 of those founding fathers who DID TRUST democracy, and 3 of those founding fathers who DID TRUST democarcy) in which they built their views into the constitution.
The founding fathers were at ends with each other when debating the necessity of a constitution and its nature. Many did not trust the idea of democracy, and wished to restrain the power of the central government because they feared that it would increase taxation, especially taxation on imported goods. Because mercantile interests were heavily represented, the threat of protectionists voting for higher tariffs was understandable; the Articles were safe in that they had no power of taxation. Additionally, some feared that the interests of small states would be overlooked in the interest of the numerical majority, giving Virginia and New York an enormous amount of power. Thirdly, southern plantation owners felt rightly threatened that a central republican government might one day ban slavery in the south, as egalitarian fervor in the north had lead many of the states…
THE SUPREMACY DOCTRINE basically states that national laws have supremacy to state laws. This is why the Bush administration can tell California to 'reign in' their medical marijuana laws. Because national law is predicated on the dogmatic belief that marijuana has no medical uses, it is what is considered a 'schedule one' drug such as heroin or LSD.
c. In this context, JUDICIAL REVIEW is the power of a court to review a law or an official act of a State for the violation of basic principles of justice. If DEA agents or federal marshals were to arrest a pharmacist for selling marijuana, the case would ultimately represent the interests of California vs. those of the federal government and be taken to the Supreme Court, the highest court in the land. (no pun intended)
D. FEDERALISM is the idea that the national government should have jurisdiction over state or local governments. Whereas originally the central government derived its power from the States (people after the revolution would say 'the United States are,') currently administrative law is the law of the land; for instance, executive orders take precedence over even Constitutional law. In the context of the medical marijuana debate, California would not be able to maintain policies that violated federal law. In extreme examples such as that of school integration in the 1950's, the federal government has even sent federal marshals to uphold federal laws.
American Mistrust of Centralized Government This is a paper written in APA style that examines the traditional preference that Americans have for local government, the traditional distrust they have of centralized government, and the reasons behind these phenomena. Local Government: A Traditional American Preference There is a strong traditional preference for local government over centralized government in this country. This preference goes back all the way to the beginnings of our nation and
The result, however, seems less scholarly, less cold and professionally aloof than similar works by other more science-minded authors. Earle, however, operates with the intent to construct a true-to-life catalogue of the things that went into making up the lives of the Colonists. Earle's research does lead the reader to trust her sources and her findings, but the writing style can still distract from the overall impact - by
Thus, the latest influxes of immigrants from Europe prior to the war may have been the worst off. The Revolution shifted the social realities for all indentured servants in the colonies, and only less so for Blacks. Only war could undermine the social structure that enabled the restrictive hierarchies to exist. The war led to forced migrations of people, the disruption of established avenues and systems of trade, and political
It is written that the intension of the rebellion was to "ruin and extirpate all Indians in general" (Foner 59) because they were basically in the way. These accounts prove that there are two sides to every story and no one group of people is going to be "better" and "above" another. It was inevitable that such tension would occur given the nature of both groups of people. The
Colonial America The Philosophy of Individual Rights Before the Constitutional Convention in England and America Although many individuals today might like to romanticize the origin of individual rights in America, suggesting that such rights began and ended with the passage of the current version of the United States Constitution that now governs the totality of the American land, the actual history of a private citizen's individual rights in America and England is
156. Ibid, pg. 157. "General Nathanael Greene." Historic Valley Forge. 2006. Internet. Retrieved March 14, 2009 at http://www.ushistory.org/valleyforge/served/greene.html. "Brigadier General Francis Marion, the Swamp Fox." The American Revolution Homepage. 2004. Internet. Retrieved March 14, 2009 at http://americanrevwar.homestead. A com/files/marion.htm. Ibid, Internet. 10 Cheaney, Janie B. "Daniel Morgan." 1998. Internet. Retrieved March 14, 2009 at http://jrshelby.com/kimocowp/morgan.htm. 11 "The Winning of Independence, 1777-1783." American Military History, Chapter 4. U.S. Army Military History. 2001. Internet. Retrieved March 14, 2009 at http://www.history.army.mil/books/amh/amh-04.htm. 12