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Articles of Confederation and Constitution
Constitution addressed a number of complaints listed in the Declaration of Independence against Great Britain's King. In addition, the Constitution cured a number of weaknesses in the Articles of Confederation by giving powers, rights and divisions to the federal government, as well as providing a different method of amending the Constitution. At times, the Constitution was developed through compromises such as the Great Compromise, which set up our bicameral federal government and the manner of determining each state's representation in both the Senate and the House of Representatives. Through these historical documents and others, we can see the ideas and development of the United States of America.
How the Constitution addressed the Complaints in the Declaration of Independence
The Declaration of Independence, finalized on July 4, 1776, was our announcement to Great Britain and to the world of our freedom from Great Britain. In…
United States of America. (1776, July 4). Declaration of Independence. Retrieved April 11, 2013 from www.archives.gov Web site: http://www.archives.gov/exhibits/charters/declaration_transcript.html
United States of America. (1781, March 1). Articles of Confederation. Retrieved April 11, 2013 from media.nara.gov Web site: http://media.nara.gov/rediscovery/00305.pdf
United States of America. (1789, March 4). Constitution of the United States. Retrieved April 11, 2013 from www.archives.gov Web site: http://www.archives.gov/exhibits/charters/constitution_transcript.html
Winkler, A. (2000). Encyclopedia of the American Constitution, Volume 2. New York, NY: MacMillan Reference USA.
Articles of Confederation & Constitution
The Articles of Confederation and the Constitution
The United States government has operated under two constitutions since its inception. The Articles of Confederation was ratified by Maryland on March 1, 1781 and was in effect until it was replaced by the Constitution upon its ratification by New Hampshire on June 21, 1788. The two documents differed in many respects. The Articles of Confederation was unicameral. Each state had two to seven members and who were appointed by state legislature in a manner each state directed. The Constitution is bicameral, with a House of Representatives and a Senate. Representatives were elected by popular vote and apportioned according to the population of each state. Each state was allotted two Senators appointed by that state's legislators.
Under the Articles of Confederation each state was given one vote while the Constitution provided for one vote per Reprehensive or Senator.…
Confederation and Constitution
The Articles of Confederation were ratified in 1781, and provided a fairly rudimentary framework for the governance of the new country. But the Articles left the U.S. mainly as a collection of states, with powers concentrated primarily at the state level. The central government's power was severely limited, and one of the results of this was a push for a stronger central government to strengthen the union. The Constitution of 1787 came out of that push. This paper will examine these two documents, noting strengths and weaknesses of each.
Articles of Confederation
The Articles framed the union as a "mutual friendship" among the states, but left the states with a high degree of sovereignty. Article 3 noted that warfare/national defense was one of the main points of central government, where the states would defend each other from external attacks. The Articles governed issues such as interstate commerce…
The articles of confederation. Retrieved November 20, 2016 from http://www.loc.gov/rr/program/bib/ourdocs/articles.html
US Constitution. Retrieved November 20, 2016 from https://www.ourdocuments.gov/doc.php?flash=false&doc=9&page=transcript
History.com (2016) The U.S. Constitution. History.com. Retrieved November 20, 2016 from http://www.history.com/topics/constitution
Library of Congress (2016) The new nation, 1983-1815. Library of Congress. Retrieved November 20, 2016 from http://www.loc.gov/teachers/classroommaterials/presentationsandactivities/presentations/timeline/newnatn/confed/confed.html
Articles of Confederation with the new Constitution of 1787. We will see what were the strengths and weaknesses of the Articles vis-a-vis the Constitution and give specific instances that demonstrate the weakness of the Articles, in particular its financial issues.
Default and debt is an American tradition and it was initiated with gusto in the days following the evolution when Dutch and French holders of American bonds found it impossible to get regular payments on the Continental notes that they held. Additionally, depression had struck the new nation in by the mid-1780s, raising questions arose about the nature of American democracy and the ability of the new government to function. Conservatives believed that the answer the nation's problems lay in a stronger national government. Most radicals believed it was up to the states to relieve the financial burden of the people. These sentiments fostered a movement for a new constitution.…
The articles of confederation. (2010). Retrieved from http://www.icsd.k12.ny.us/legacy/highschool/pjordan/ushonors/Regents Review/Review
Compare and contrast; the articles of confederation vs. The constitution. (2011, January 20). Retrieved
This would prove to cause competition between the states for power, economic and environmental resources, and political positioning. The interstate commerce law and the associated legislation did not exist under the articles. The Articles of Confederation were far less robust in their structure, giving states the majority of the unchecked power, and not allowing the Federal government the ability to oversee and tax the population in order to develop a balanced and fair economy. The articles did not even allow the Federal government the ability to raise an army, putting that responsibility squarely on the shoulders of the states themselves as well. The articles were certainly a step in the right direction, but they did not represent the best possible scenario for the young United States, and the Founding Fathers were more than capable of creating a far superior governmental framework in the Constitution.
Even after the adoption of the…
Harvard Law Review, Vol. 119, No. 2. Dec., 2005. pp. 431-490.
Jensen, Merrill. The Articles of Confederation. University of Wisconsin Press: Madison, WI, 1970.
Smith, Douglas G. "An Analysis of Two Federal Structures: The Articles of Confederation and the Constitution." San Diego Law Review, Vol. 34. 1997, p. 249.
Articles of Confederation has gone down in history and always will be known for the absolute failure that it was. In 1777, there was a need to lay a foundation or formulate a balanced government in accordance with the ideals of the American evolution. The Articles of Confederation reflected the fears of American after the evolutionary War, and their desire to free themselves of tyrannical rule. In order to understand the need for the 1787 Constitution, the articles of Confederation need to be understood. Under these laws, every state was basically its own country (at least by today's definition of what a country is). Each state had its own currency, interstate commerce, and foreign affairs (Jensen, 1959) . Though the largest problem was the issue of currency, as every state printed its own money and this brought issues when it came to trading beyond their territory because in some states,…
Rakove, J.N. (2009) The Annotated U.S. Constitution and Declaration of Independence. Belknap Press of Harvard University Press; 1 Ant edition
Maier, P. (2010) Ratification: Americans Debate the Constitution, 1787-1788, Simon & Schuster
jensen, M. (1959) The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781 University of Wisconsin Press; 1 edition
Articles of Confederation & Constitution
Federalism, Unitary, And Confederation
Federalism: Federalism is a political system of governance in which powers are divided among two levels of government, i.e., a central government and governments based in smaller political units, usually called states, provinces, or territories. In this system of government, the smaller political units surrender some of their political power to the central government, relying on it to act for the common good. (Davidson, Encarta article)
Comparison of Federalist, Unitary and Confederation Governing Structures
Other types of government structure are Unitary and Confederation. In a Unitary system, virtually all powers are held by the central government, although it may delegate some of its powers to local or city governments but such delegation is discretionary and for administrative purposes only. A confederation is similar to a federation but with far less power given to the central government. In confederations, the local governments retain most of the powers…
Davidson, Roger H. "Federalism." Article in Encyclopedia Encarta. CD-ROM Version, 2003
Federal Government." The Columbia Encyclopedia, Sixth Edition. Columbia University Press. New York, 2000.
Theories of Government." A More Perfect Union: An exploration of American Democracy. 1999. Thinkquest Website. February 25, 2004 http://library.thinkquest.org/26466/theories_of_government.html
The word federal comes from the Latin term fidere, meaning "to trust."
Essentially, the forefathers that justified the American Revolution did not like the idea of a centralized government because of what they had just been through with Britain. Thus, if each state could keep its sovereignty, they thought that this would take care of a lot of issues. The thinking is not wrong considering what they had gone through with the Revolution, but it left for a weak nation because there was no central force to govern such things as taxation and enforce laws. Not only could economic conditions not be governed by the government, but neither could social conditions.
Of course there were many states that were worried about what a national centralized government might mean for them. Many people thought that it would lead to another form of tyranny just like had been experienced under Britain's rule. Nevertheless, it happened and while power was taken away from the states…
nation's "first constitution," the Articles of Confederation, provided a framework and blueprint for American politics and government (Kernell, Jacobson, Kousser and Vavreck 24). Far more anti-federalist in nature than the Constitution, the Articles of Confederation provided only for a loose confederation of states. States had the power to override almost any federal law. Moreover, the states appoint federal officials rather than reverting to citizen voters to elect national leaders and lawmakers. The Articles of Confederation lacked the balance of powers embedded in the future Constitution, and for which the Constitution is renowned. ithout an executive branch in the federal government, and without a federal judiciary, the new nation seemed precariously weak under the Articles. Federalists affirmed the need for stronger centralization, particularly to bolster the American position vis-a-vis its European counterparts. Although the anti-Federalists retained some of the core principles of states' rights in the Constitution, ultimately the federalists gained…
Doernberg, Donald. "We the People." California Law Review. Vol 73, No. 1. Retrieved online: http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2069&context=californialawreview
Kernell, Samuel, Jacobson, Gary C., Kousser, Thad, and Vavreck, Lynn. The Logic of American Politics. 6th edition. Thousand Oaks: Sage.
CONFEDEATION & CONSTITUION
Confederation & Constitution
The author of this report is charged with answering several questions relating to the Articles of Confederation and the Constitution. The original Constitution was hard enough to pull off but the Articles of Confederation were also a challenge and were in response to the economic challenges of that day. Different issues and weaknesses that came up were the Western problem, the slave vs. slave states, eastern vs. western states, Sherman's Plan, the Great Compromise and so forth. The debates that raged with the Federalists and the anti-Federalists will be covered as well as how the Bill of ights debate developed. Finally, the relative success of the Bill of ights will be summarized. While no single constitutional document is going to placate all sources and address all problems that could come to pass, the compromises and debates that raged about these two major parts of…
Archive.gov. (2014, August 1). Constitution of the United States - Official. National Archives and Records Administration. Retrieved August 1, 2014, from http://www.archives.gov/exhibits/charters/constitution.html
Archives.gov. (2014, August 2). Bill of Rights. National Archives and Records
Administration. Retrieved August 2, 2014, from http://www.archives.gov/exhibits/charters/bill_of_rights.html
Library of Congress. (2014, July 31). Primary Documents in American History. The Articles of Confederation: Primary Documents of American History (Virtual
This news story has a positive impression of Oxfam works.
Analysis.- Oxfam has a record of 60 years in increasing worldwide public understanding of economic and social justice as crucial elements to sustainable development. Its 12 confederates are located in their respective regions and undertaking international goals and policies according to the requirements of the regions. The confederates work with poor people so that their lives may be improved and they may govern their own lives. Oxfam struggles to influence governments and powerful people in a straightforward manner without infringing upon their sovereignty. And it joins hands with all people for the universal good through open and popular campaigning, alliance building and media work in arriving at earnest and workable solutions to global poverty, to motivate as many people as possible to actively participate in the movement for change and to create a sense of global citizenship. Oxfam's work method…
Courier Mail, the. Oxfam Unveils New Sense of Giving. Queensland Newspapers, May 12, 2005. http://www.thecouriermailnews.com.au/printpage
Nabi, Rashed un. Oxfam's Fair Trade Report: Rigged Rules and Double Standard. Holiday Editorials. Holiday Publications Ltd., 2005. http://www.weeklyholiday.net/190702/edit.html
Oxfam International. Who We Are, 2002. http://www.oxfam.org/eng /about_who.htm' target='_blank' REL='NOFOLLOW'>
American Colonial experience and the Articles of the Confederation influence the content of our Constitution?
he American colonies existed as separate political entities. he 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. he 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. he consolidation or division of colonies, when it occurred, happened by skillful diplomacy…
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.
thirteen colonies that drafted and announced the Declaration of Independence stating their intention to separate from England shortly thereafter wrote the first governing document, the Articles of Confederation. The Articles set forth and defined the relationship between the various colonies and how the relationship between such colonies would serve to form one entity. The Articles served to provide the colonies with a form of unification while the Revolution was being fought but as the nation attempted to recover from the War and build a new nation the Articles proved too weak to be effective. The Articles failed to grant Congress the power to raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. There were attempts to alter the Articles in order to increase the powers of the Congress but these efforts failed and a Constitutional Convention was convened to attempt to revise the Articles…
Delegates' top priorities include the following. First, the delegates set out to revise the Articles of Confederation to weaken the power of the state legislatures and increase the powers of the central government. Delegates also sought changes in the ways states were represented in the federal government and introduced the concept of separation of powers to create a system of checks and balances. Debates between federalism and republicanism brewed during the Constitutional Convention, as delegates like Alexander Hamilton favored an exceedingly strong executive branch whereas traditional republicans hoped for term limits for elected officials. Compromise was a must and the Constitution of the United States reflects the confluence of republican and federalist values.
Second, the delegates heatedly debated the question of how to deal with slavery. An abolitionist movement had taken root in Europe and delegates were forced to address concerns about the international and inter-state slave trade. Once again,…
Articles of Confederation." MSN Encarta. Retrieved Oct 13, 2006 at http://encarta.msn.com/encnet/refpages/RefArticle.aspx?refid=761567227
Hamilton vs. Jefferson." Retrieved Oct 13, 2006 at http://countrystudies.us/united-states/history-41.htm
Lloyd, G. (2006). "Introduction to the Constitutional Convention." Teaching American History.org. Retrieved Oct 13, 2006 at http://teachingamericanhistory.org/convention/intro.html
Eventually, these deficiencies would lead to the adoption of the U.S. Constitution. But during the years that they 13 states struggled to achieve their independence, the Articles of Confederation accomplished what they had been intended to. Adopted by Congress on November 15, 1777, the Articles became operational on March 1, 1781 when the last of the 13 states signed the document (The Articles of Confederation and Perpetual Union, 2009).
During the debates that took place regarding the adoption of the Constitution, the opponents argued that the Constitution would open the way to tyranny by the central government. With the memory of the British violations of their civil rights before and during the evolution, they insisted that a bill of rights be used that would spell out the protections of the individual citizens. During the state conventions that were held to ratify the Constitution, several states asked for these amendments (Bill…
Bill of Rights. (n.d). Retrieved June 13, 2009, from The Charters of Freedom Web site:
The Articles of Confederation. (2003). Retrieved June 13, 2009, from Ben's Guide to U.S.
Government Web site: http://bensguide.gpo.gov/9-12/documents/articles/index.html
The American Experiment
The American experiment: The Articles of Confederation vs. The Constitution
When the Founding Fathers initially designed a governing structure for the emerging American nation, they wished to err on the side of conservatism, in terms of granting power to the federal authority. After all, the American evolution had been founded upon a principle of autonomy from a strong central authority in the form of the British king. However, the Articles of Confederation which emerged to govern was a "weak" and "anemic" structure ill-suited to a modern nation which had to hold its own with European powers such as Great Britain itself (Kennedy, Cohen & Piehl 2012:120)
The Articles of Confederation provided for a loose confederation or "firm league of friendship.' Thirteen independent states were thus linked together for joint action in dealing with common problems, such as foreign affairs" (Kennedy, Cohen & Piehl 2012: 120). In…
Kennedy, D., Cohen, L. & Piehl, M. (2012). The brief American pageant. Cengage.
United States operates as an indirect or representative democracy meaning that a select group is elected by the whole to serve as representatives while attending to public matters. This is in contrast to a direct democracy which holds that all eligible members of a society can personally direct public affairs. This distinction is often overlooked by most Americans who believe that the term democracy has no qualifications.
In order to fully grasp American government, it is essential to understand the Framers of the Constitution referred to it as republic in form. Their intention was to have representatives direct government operations. In other words, voters select representatives who in turn carry out government business. The reasons for this procedure are manifold. Most notably, the Framers foresaw the electorate making poor decisions based on transitory emotions thereby leading the country in an unwise direction. Given such predispositions, the Framers felt that minority…
Wilson, James Q. & Dilulio, John J. (1998). American Government. Boston: Houghton Mifflin
During the 18th century there was a fierce competition between the British and the French colonial empires which ultimately led to The Seven Years War. The final result of the conflict favored the English who, nonetheless, were forced to make appeal to the force of the American colonies in order to defeat the French. Following such an action, the opponents of the British rule over the American territories would later on recall and use in supporting the cause of independence the aid the Americans provided the British in tackling the French threat.
The British considered the Americans as being the closest political ally and colonial region. Moreover, the historical context determined such an approach. This special treatment protected the American colonies from any external and foreign threat; in return, the British sought to maintain a preferential trade connection with the American colonies who were, without a doubt, one of the…
Constitution of the United States must be understood within the broader cultural, historical contexts in which it was drafted and ratified. The most basic explanation of the "original intent" of the Constitution is that the founders needed to formulate a cohesive and consistent system of governance and political culture after independence. The core issues at stake were Federalism vs. anti-Federalism, and the need to strike a balance between a federal government that was strong enough to oversee key economic, social, and political institutions and one that was kept in check by regional or state powers. The social and economic diversity within individual states, and between the states, made the framing of the Constitution an arduous process. By the time the Constitutional Convention convened, it became apparent that the Articles of the Confederation were insufficient. There was no sense of nationhood with the Articles; no means by which to effectively unite…
Thomas Abraham Clark was born into extreme wealth in an urban area, he is an Anti-Federalist. He corresponds with some of the most influential Anti-Federalists, sees centralized government as a curse, and has prospered under the Articles of Confederation.
Because his economic interests are threatened by an unstable currency as well as high tariffs imposed by other states, Josiah Bartlett can be considered to be a Federalist. Federalism would impose a single, stable currency and remove state tariffs and taxes.
Anti-Federalists generally believed in an agrarian republicanism, where the local wealthy landowners would represent the masses in political issues. Because Edward Heyward is a member of the landed aristocracy it would be logical to assume that he is an Anti-Federalist. However, his view of a united effort against the Indians may be an overriding factor as Federalism proposes a united national government. Therefore I am undecided.
As the "voice of…
In oody Holton's Unruly Americans, the author endeavors to bring to light many of the as-yet unwritten aspects of the founding of the United States of America. Many men and women have written on the subject. There are films and documentaries and historical records from a plethora of perspectives. For many people, they only meet with the topic of the Founding Fathers in history class. Holton takes up the task of taking these myths of the founding of the American Revolution and make it palatable, understandable, and relatable to the average person. In this, he is wholly successful as I have never been so intrigued and felt such a personal stake in the founding of the United States.
The book's language is easy to understand and thus easy to comprehend. All too often, historical volumes become so consumed by facts and figures, names and dates that the narrative…
Woody Holton, Unruly Americans (United States: Hill and Wang, 2007)
It was during the same period that hostilities with the communist leadership culminated into the bombing of Libya, loggerheads with the Soviet Union and a stiff arms race with the U.S.S.R.
It is also significant to note that it was during the same time that he successfully engaged Mikhail Gorbachev who was then the Soviet General secretary and culminated into the signing of Intermediate-Range Nuclear Forces (INF) treaty that signaled the end in arms race and both countries agreed to decrease in nuclear weapons in their custody.
Upon ascending to presidency, Reagan was bent on introducing new political as well as economic dispensations radically. He advocated more for supply-side economics which saw him push for reduction of tax rates to speed up economic growth, money supply control to check inflation, reduction of regulation on the economy particularly business to encourage competitive and free-market free for all which as a matter…
Hence, while ratifying the U.S. Constitution, the Virginia convention passed a resolution specifying: "That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state;"
It is, therefore, clear that the central issue that led to the adoption of the Second Amendment, as part of the Bill of Rights -- ratified in 1791, was the concern that the powers granted in the U.S. Constitution to the Congress over the militia and a national army may be used to abrogate state sovereignty and power, rather than a desire to recognize the right for bearing arms by individual citizens. Nowhere in the background and history of the introduction of the Second Amendment in the U.S. Constitution do we find the issue of personal use of weapons, for purposes…
Economic Costs of Gun Violence." Brady Campaign to Prevent Gun Violence. Updated 4/17/07. October 31, 2007. http://www.bradycampaign.org/facts/factsheets/pdf/economic_costs.pdf
Firearm Facts." Brady Campaign to Prevent Gun Violence. Updated 4/18/07. October 31, 2007. http://www.bradycampaign.org/facts/factsheets/pdf/firearm_facts.pdf
An interview with John R. Lott, Jr." University of Chicago Website. 2000. October 31, 2007. http://www.press.uchicago.edu/Misc/Chicago/493636.html
The Second Amendment." Brady Campaign to Prevent Gun Violence. 2007. October 31, 2007. http://www.bradycampaign.org/facts/issues/?page=second
Regulating commerce between the states was one of the overriding problems facing the drafters of the original U.S. Constitution. Under the Articles of Confederation, regulating such commerce was a significant problem so when the Constitution was being written the following language was incorporated to address the problem. In Article 1, Section 8 the Constitution states:
o regulate Commerce with foreign Nations, and among the several States,
and with the Indian ribes.
Further, in Article 1, Section 9 the Constitution states:
No ax or Duty shall be laid on Articles exported from any State. No Preference
shall be given by any Regulation of Commerce or Revenue to the Ports of one
State over those of another, nor shall Vessels bound to, or from one State
be obliged to enter, clear, or pay Duties in another.
he issue of the Federal Government's power to regulate interstate commerce was not largely contested until…
The distinction between selling and licensing is essentially focused on the ownership of the product. When a product is sold the purchaser is granted ownership and is free to use and dispose of the product in whatever fashion he or she feels is appropriate. In a licensing situation, however, the ownership of the product is retained by the vendor and the purchaser is afforded the right to use the product but in a limited fashion. The product owner retains the right of ultimate control subject to the licensing conditions granted to the licensee.
The drafting of the UCITA was originally intended to serve as an amendment to article 2 of the Uniform Commercial Code (UCC). Joining in the draftsmanship of the UCITA were the two organizations sharing responsibility over the management of the UCC, the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). Disputes related to the UCITA being imbalanced and unfair to software users eventually arose between the two organizations. Ultimately the ALI withdrew its support for the provisions of the UCITA. Without the ALI's support the enactment of the UCITA as an amendment to the UCC became impossible and the NCCUSL went forward with the approval of the UCITA as a standalone document.
Although the UCITA eventually received the approval of the NCCUSL committee, individual state approval has been slow in coming. Organizations such as the American Bar Association have openly opposed its approval. Patrick Thibodeau, (2003), ABA refuses to endorse UCITA, Retrieved November 27, 2010 from the World Wide Web: http://www. Computerworld.com/s/article.
America was finding its footing, Americans were finding their identity. The spark of revolution trickled down the vine where three men decided to take arms. One took arms by defending the country against the British and securing the role of president of a new country. A second took pen and wrote to inspire the reluctant to declare independence from an unfair Britain. A third took brush and art to establish a painted history of the American revolution along with the first museums to showcase them in.Three notable figures, George Washington, Charles Willson Peale, and Thomas Paine became some of the most influential men of their time.
George Washington was born on February 22, 1732 or February 11, 1731 and died December 14, 1799. He was alive during the time of the American evolution and played a pivotal role in America's victory over Great Britain.He became the first President of the…
Burns, J.M., & Dunn, S. (2004). George Washington. New York: Times Books.
This source discusses the life anf career of George Washington.
Greene, J.P., & Bailyn, B. (1967). The Ideological Origins of the American Revolution. American Historical Review, 11(3), 588-90. doi:10.2307/1849163
This is a journal source that discusses the reasons behind the American Revolution.
So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures (e.g. fascism, genocide, etc.); but that in other situations, the species can be incredibly giving and benevolent (think of Mother Theresa, people helping people). The complexity is that humans are not all one type or another, but a combination. Most sociologists believe that it is culture and society that form the basis for behavior. For example, the Kung! Bushmen of South Africa have no crime, very little disagreement, and understand they must cooperate for the good of the tribe. owever, if we look at the Epic of Gilgamesh or the Code of ammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness. The debate remains -- is the cup…
Hobbes looked around, and saw a sewer of urban life; poor people struggling, disease, trash, pestilence and believed that without control mankind was nothing more than animalistic. Locke thought otherwise, that humans, given a chance to actualize, would cooperate, work towards a common good, and provide a generalized and goal-oriented society. So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures (e.g. fascism, genocide, etc.); but that in other situations, the species can be incredibly giving and benevolent (think of Mother Theresa, people helping people). The complexity is that humans are not all one type or another, but a combination. Most sociologists believe that it is culture and society that form the basis for behavior. For example, the Kung! Bushmen of South Africa have no crime, very little disagreement, and understand they must cooperate for the good of the tribe. However, if we look at the Epic of Gilgamesh or the Code of Hammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness. The debate remains -- is the cup 1/2 empty or 1/2 full -- or is it both?
The Federalist movement surrounding the writing and eventual ratification of the U.S. Constitution focused on one basic premise: how much power and authority should the national, versus State, government control. Certainly, once can view that if the Articles of Confederation were deemed to be too weak and inappropriate for the new Republic, then the Federalist faction won. Rhode Island and North Carolina especially opposed the Federalist view, but eventually the Bill of Rights seemed to satisfy most of the delegates who realized that the alternative would be suicide. This did not stop individual States from wanting to secede long before the Civil War, and indeed, the actual finality of the issue of State's rights was not really solved until the mid-20th century, when the Supreme Court issued several decisions requiring that the tenets of the Bill of Rights be established in all 50 States.
If one considers the political issues of the Jeffersonian Era up to the War Between the States, then one might say that although the Constitution provided a legal means for a strong centralized government, that was on paper and States tended to act and react in their own ways to a point. There was consternation during the 1812 issues with the British, when new States entered the Union there were issues on whether they would be Slave or Free States. Thus, the Federalists really only had the appearance of victory after the Constitutional Convention, not the buy in and acceptance of the policy for decades afterwards.
New states lying north of said parallel would be admitted as non-slave while those lying south would be slave.
The importance of the Missouri Compromise cannot be over-stated. It impacted the boundaries of several other states other than Missouri and led to some of the most hotly contested political debates in United States history.
Interestingly, the boundary established through the Missouri Compromise, that is, the 36?30' parallel, had actually been in use as a boundary line since early colonial days and the Missouri Compromise served to continue its use. The boundary between original thirteen colony members, Virginia and North Carolina, is the 36?30' parallel and the boundary between two of the earlier states admitted to the Union, Kentucky and Tennessee is also the 36?30' parallel.
Map depicting 36?30' parallel
The admission of Texas as a statehood was affected by the Missouri Compromise. Unlike any other state, Texas enjoyed status as…
Dixon, Archibald. The True History of the Missouri Compromise and its Repeal. BiblioBazaar, 2009.
Eastern Michigan University. Bleeding Kansas. http://edit.emich.edu/index.php?title=Bleeding_Kansas (accessed December 4, 2010).
Marshall, Peter C. Envisioning America: English Plan for the Colonization of North America, 1580-1640. Bedford / St. Martin's, 1995.
Mcgreevy, Patrick. Stairway to Empire: Lockport, the Erie Canal, and the Shaping of America. State University of New York Press, 2009.
DUAL FEDEALISM PHASE
The Dual Federalism is the reflection of the ideology that stressed over the balance of powers between the national and state governments, and considers both the governments as 'equal partners with separate and distinct spheres of authority' (Sergio, 2005). Previously, the 'federal or national government was limited in its authority to those powers enumerated in the Constitution', and it was evident that there was partial understanding and correspondence between the national and stat. There existed little collaboration between the national and state governments, which resulted in the 'occasional tensions over the nature of the union and the doctrine of nullification and state sovereignty'.
In 1789, the Constitution was approved by the States; ratification of the conventions convened took place. The period from 1789 to 1801 has been regarded as the Federalist Perios, 'the period takes its name from the dominant political party of the time, which believed…
Michael Mcguire. American Federalism and the Search for Models of Management. Public Administration Review. Volume: 61. Issue: 6. 2001. American Society for Public Administration.
Stever, James a. The Growth and Decline of Executive-Centered Intergovernmental Management. Publius: The Journal of Federalism Vol. 23. 1993. pp. 71-84.
Stoker, Gerry, and Karen Mossberger. Urban Regime Theory in Comparative Perspective. Environment and Planning C: Government and Policy Vol. 12. 1992. pp. 195-212.
Stone, Clarence. Regime Politics. University Press of Kansas. 1989. pp. 218.
y the late 1780's many Americans had grown dissatisfied with the Confederation. It was unable to deal effectively with economic problems and weak in the face of Shay's Rebellion. A decade earlier, Americans had deliberately avoided creating a strong national government. Now they reconsidered. In 1787, the nation produced a new constitution and a new, much more powerful government with three independent branches. The government the Constitution produced has survived far more than two centuries as one of the most stable and most successful in the world.
The Articles of Confederation and the Constitution resembled each other in some cases and differed from each other greatly in other aspects. The Articles of Confederation were a foundation for the Constitution, and sometimes even called the Pre-Constitution. The Confederation, which existed from 1781 until 1789, was not a big success. It lacked power to deal with interstate issues, to enforce…
Morgan, Edmund S. The Meaning of Independence. New York W.W. Norton & Company. 1978.
Brown. Richard D Major problems in the Era of the American Revolution., 1760-1791.Boston: Houghton Mifflin Co. 2000
Raphael, Ray. A Peoples History of the American Revolution: How Common People Shaped the Fight for Independence. New York: Perennial. 2002.
United States Constitution concentrates on. It will address how it treated the weaknesses of the Articles of Confederation and the complaints in the Declaration of Independence.
How the Constitution Deals with Weaknesses in the Articles of Confederation
One key factor that has helped keep the constitution of the United States alive is the processes involved in its amendment. These processes require 2/3 majority votes from the two houses of Congress or by every state legislature. The Articles of Confederation could not be changed easily because a unanimous vote required from each of the states. As the number of the sates in the United States increased from 13 to 50, it would have been almost impossible to change the articles. No judicial system was provided for the United States by the Articles of Confederation.
In the same way, Congress lacked the legal power to enforce any laws (Morelock, n.d). Each of…
Boyd, S. (1995). Ashbrook -- Strengthening Constitutional Self-Government. A Look Into the Constitutional Understanding of Slavery -- Ashbrook. Retrieved October 31, 2015, from http://ashbrook.org/publications/respub-v6n1-boyd /
DeLaney, A. (n.d.). How-To Help and Videos - For Dummies . Understanding Elected Offices - For Dummies . Retrieved October 29, 2015, from http://www.dummies.com/how-to/content/understanding-elected-offices.html
Kimberling, W. (n.d.). Dave Leip's Atlas of U.S. Presidential Elections. The Electoral College - Origin and History. Retrieved October 31, 2015, from http://uselectionatlas.org/INFORMATION/INFORMATION/electcollege_history.php
(n.d.). Legal Dictionary. Commerce Clause legal definition of Commerce Clause. Retrieved October 31, 2015, from http://legal-dictionary.thefreedictionary.com/Commerce+Clause
Articles of Confederation: The Articles of Confederation were approved in November, 1777 and were the basic format for what would become the Constitution and Bill of ights for the United States. There were, of course, deficiencies in the document, this was a new experiment and getting the delegates to agree in kind to pass any sort of document was challenging at best. The Articles did allow a semblance of unity, the further impetus to remain at war with the British, and the conclusion that there would be some sort of Federal government. The Articles, however, failed to require individual States to help fund the Federal (National) government, a template for an Executive and National Judicial Branch, or the issuance of paper money and a central banking system. In essence, the largest failure was the Articles' inability to allow a Federal government to regulate commerce, tax, or impose laws upon the…
REFERENCES and WORKS CONSULTED
Amar, a. (2005). America's Constitution: A Biography. New York: Random House.
Bailyn, B., ed. (1993). The Debate on the Constitution. Library of America Press.
Beeman, R. (2009). Plain, Honest Men: The Making of the American Constitution.
Government & Politics
The arguments contrast two observations. Which of them is the best and why? Give a detailed and substantial response.
Charles eard and John Roche had differing views regarding the American constitution as they hailed from different background. Due to their diverse backgrounds, they have their own views regarding American constitution. A deep study of both authors shows that, John Roche is an optimist and a reformer, while Charles eard attempts to expose the inner intentions of the founding fathers (Thesis Statement, 2014). oth authors give interesting insight into the minds of the founding fathers with rock solid evidence. eard (1913) proposes that founding fathers had huge properties to protect while Roche (1961) argues that constitution united the nation quite effectively.
Those penning the constitution had sold commercial and financial interest of their own (p. 36)
The authors of the constitution were bent on penning a…
Berg, S. (2012). The Founding Fathers and the Constitutional Struggle over Centralized Power. Baltimore County: University of Maryland. Retrieved from: http://www.umbc.edu/che/tahlessons/pdf/The_Founding_Fathers_and_the_Constitutional_Struggle_PF.pdf
Dalleva, N. (2010, August 30). An Analysis Of John Roche's Essay "A Reform Caucus in Action." Retrieved from Essencearticles.com: http://www.essencearticles.com/book-reviews-politics/an-analysis-of-john-roches-essay-a-reform-caucus-in-action
Dalleva, N. (2010, September 15). Education. Retrieved from articlesfactory.com: http://www.articlesfactory.com/articles/education/an-analysis-of-john-roches-essay.html
Folsom, B. (2009, June 11). The Freeman. Retrieved from Fee.com: http://www.fee.org/the_freeman/detail/the-founders-the-constitution-and-the-historians
government that governs least the best sort of government for a freedom-Loving nation to have.
Does the Government that Governs Least Govern the Best?: A Closer Look
That government is best which governs least." This statement has been attributed to Thomas Jefferson, though there is no actual evidence of the statement in any of his extant writings. Whether Jefferson originally made this famous saying or not is inconsequential. The fact is, this saying has been repeated countless times over the past two centuries by proponents of democracy, states' rights, civil liberties, and all sorts of other precepts upon which our nation was supposedly founded. Those who believe that a true freedom-loving democracy consists of a government that stays out of the business of its citizens as much as possible are many and loud. There are many historically famous people who can be counted among the ranks of those who believe…
De Tocqueville, Alex. Democracy in America. New York: Harper Collins. (re-issue) 1988.
Publius. The Federalist Papers. New York: Signet. (re-issue) 2003.
As a result, Gibbons was providing a service and was helping ensure the free flow of ideas. The licensed that he received from Congress is regulating these principals. ased on this interpretation along with the previous case law decided in McCulloch v Maryland and the Supremacy Clause of the Constitution; New York State does not have the power to regulate trade. Instead, this power is solely reserved for Congress with the court saying, "The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, & c. are not within the power granted to Congress. The laws of N.Y. granting to R.R.L. And R.F. The exclusive right of navigating the waters of that State…
"Cohens v Virginia." Oyez. 2010. Web. 6 Apr. 2010.
"Gibbons v. Ogden." Social Studies for Kids. 2010. Web. 5 Apr. 2010.
"Gibbons v Ogden." Find Law. 2010. Web. 5 Apr. 2010.
"Securities and Exchange Act of 1934." Investopedia. 2010. Web. 6 Apr. 2010.
The truth is that the forefathers were actually quite surprised at the effect that the signing of the Constitution had created in America; at the democratic society and government that resulted after the ratification of the Constitution.
The ratification in itself was a long one, and it involved in essence the perusal of the written Constitution by each state for ratification purposes, for which each state was required to create an independent ratifying committee headed by special delegates. The discussions of the advantages and the disadvantages of the newly written constitution of America began almost immediately after it was signed, and the two opposing factions of the Federalists to whom the majority of the forefathers belonged, and the Anti-Federalists who formed the opposing group brought these forth. The situation in America at the time of the writing of the Constitution was that of pro-democracy. The political as well as the…
Encyclopedia: American constitution. Retrieved at http://nationmaster.w2n.net/encyclopedia/American-constitutionAccessed on 4 October, 2004
Encyclopedia: American Revolutionary War. Retrieved at http://nationmaster.w2n.net/encyclopedia/American-Revolutionary-War . Accessed on 4 October, 2004
Encyclopedia: Articles of Association. Retrieved at http://nationmaster.w2n.net/encyclopedia/Articles-of-AssociationAccessed on 4 October, 2004
Encyclopedia: Articles of Confederation. Retrieved at http://nationmaster.w2n.net/encyclopedia/Articles-of-Confederation . Accessed on 4 October, 2004
The United States Supreme Court is the backbone of the country since it acts as the premise of governance and supreme law of the land. The Constitution has established a unique form of government in which governance is by the people and for the people. As a living document, the U.S. Constitution changes as the country develops and changes. However, the development of the nation's constitution was influenced by several historical and/or philosophical influences. One of the historical influences upon the American Constitution was the Articles of Confederation, which was adopted by Continental Congress. These articles influenced the establishment of the Constitution through prompting discussion on the proper scope of governmental power in the aftermath of the Confederation. The Articles of Confederation influenced the constitutional section on separation of powers because of discussions on governmental power. There was no distinct executive branch under the Articles of Confederation (Halvorson, n.d.).…
"Civil Rights: The Struggle for Political Equality." (n.d.). HCC Learning Web. Retrieved from Houston Community College website: http://learning.hccs.edu/faculty/tom.haymes/govt2302/content-module-6-civil-rights/module-6.1-civil-rights-the-struggle-for-political-rights
Halvorson, S.D. (n.d.). Historical Context for the Constitution and the Bill of Rights. Retrieved from Columbia College website: http://www.college.columbia.edu/core/content/american-revolution-and-founding-texts/context-1
"Landmark Cases." (n.d.). Gibbons v. Ogden (1824). Retrieved April 21, 2016, from https://www.pbs.org/wnet/supremecourt/antebellum/landmark_gibbons.html
"McCulloch v. Maryland (1819)." (n.d.). 100 Milestone Documents. Retrieved from Our Documents -- The National Archives and Records Administration website: https://www.ourdocuments.gov/doc.php?flash=true&doc=21
American Political Philosophy: epublicanism
Within this paper, the general theory of republicanism will be presented. The conceptualization of republicanism discussed within the paper as an American political philosophy will be based on The Federalist Papers written by Alexander Hamilton, John Jay and James Madison in 1787. Initially, a brief overview of relevant background information on The Federalist Papers will be provided. This will be followed by a discussion of the primary components of republicanism as set forth within the works of Hamilton, Jay and Madison. A summary and conclusions will then be provided.
Overview of The Federalist Papers
The Federalist Papers have been suggested as representing one of the most important writing in American political thought (Yarbrough, 1986). It represents a collection of 85 letters written by Hamilton, Jay and Madison under the pseudonym of Publius. The letters were written to the American public and were initially published in a…
Hamilton, A., Jay, J. & Madison, J. (1961). The Federalist papers. C. Rossiter (ed.). NY: New American Library.
Yarbrough, J. (1986). The Federalist. News for Teachers of Political Science, (Spring 1986). 7 June 2003: http://www.apsanet.org/CENnet/thisconstitution/yarbrough.cfm..
At the time the U.S. Constitution was ratified, the new America of the 19th century saw its indigenes with varied political opinions. Those in favor of a powerful central government and therefore, a restraint of the powers the states possessed were part of the Federalist Party; those with the belief that interpretation should be given to the Constitution in order to reduce the powers the national government wields, which would further empower the states, became part of the epublican PartyTherefore, The Federalists adopted a nationalistic opinion; the epublicans, although they would not refute the efficiency of the central government, held the opinion that certain rights ought to be kept for the states. Thus, this essay will explore the aforementioned idea (Writer Thoughts). It will examine how the Federalist philosophy and ideas shaped modern American Society.
Supporters of the Constitution
The proposed American Constitution's advocates labeled themselves as "Federalists."…
Boyd. "American Federalism, 1776 to 1997: Significant Events." USA Embassy. N.p., 1997. Web. 29 Mar. 2016. .
"Constitution of the United States." The Free Dictionary. N.p., n.d. Web. 29 Mar. 2016. .
"Federalists." U.S. History. N.p., n.d. Web. 29 Mar. 2016. .
MacDonald, William. Select Documents Illustrative of the History of the United States, 1776-1861. N.p.: Macmillan, n.d. Google Books. 1905. Web. 26 Mar. 2016. .
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to rise on September 17; Mason suggested that a bill of rights "would give great quiet to the people." Following this assertion, Elbridge Gerry of Massachusetts moved that the Convention add a bill of rights to the Constitution and Mason seconded his motion to no avail: "The Convention unanimously rejected the proposal by a vote of 10 to 0, with one state absent. Failure to heed Mason's counsel was to plague the Federalists throughout the ratification campaign" (emphasis added).
The first major confrontation concerning the ratification of the Constitution involving the need for a bill of rights occurred in Pennsylvania several weeks after the close of the Constitutional Convention; at…
Banning, Lance. The Sacred Fire of Liberty: James Madison and the Founding of the Federal Republic. Ithaca, NY: Cornell University Press, 1995.
Binkley, Wilfred E. And Malcolm C Moos. A Grammar of American Politics: The National Government. New York: A.A. Knopf, 1949.
Bernhard, Virginia, David Burner and Elizabeth Fox-Genovese. A College History of the United States, St. James: Brandywine Press, 1991.
Brant, Irving. The Bill of Rights: Its Origin and Meaning. Indianapolis: Bobbs-Merrill, 1965.
Government Changes post-Revolution ar vs. post-Civil ar
Close examination of the reasons for and the results of the Revolutionary ar and the Civil ar forces me to disagree with McPherson's position that more radical change in government occurred due to the Civil ar than the Revolutionary ar. In order to understand how this is true, one must look at several issues, such as the causes of each of the wars, the purposes and intentions, and the ultimate results.
The Revolutionary ar was based on the struggle to become independent from Great Britain and this struggle began due to a series of taxes forced upon the citizens. So "taxation without representation" was the initial call to arms however, it grew to include other freedoms as well.
The Civil ar was utterly a different process of situation. hile claims by the South of freedom it was always an economic issue tightly woven…
Abraham Lincoln, Cooper Union Address, New York City Presidential Campaign
Confederate States of America-Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, December 1860, South Carolina
Lincoln, Abraham. "First Inaugural Address." Washington D.C. Mar. 1861. Address.
Ordinance of 1787
Economics in the American Revolution
as the American Revolution motivated primarily by economic factors? To the observer in 2014, who is surrounded with economically-oriented ideologues who have adopted the title of "Tea Party" for their movement, the interpretation is inescapable. e must ignore the tendentious and flimsy view of history advanced by the twenty-first century Tea Parties though (reminding ourselves that the former vice presidential candidate who styles herself one of their leaders could not correctly identify in 2011 what Paul Revere had actually done during the American Revolution) and look at the view of reputable historians. I hope by examining the work of three historians -- Charles Beard, Richard Hofstadter, and Gordon ood -- to demonstrate the extent to which the Founding Fathers were motivated by economic circumstances.
Any discussion of the economic factors motivating the American Revolution must begin with the work of Charles Beard. Beard, influenced to…
Beard, Charles A. An Economic Interpretation of the Constitution of the United States. New York: Dover Publications, 2004. Print.
Hofstadter, Richard. The American Political Tradition. New York: Vintage, 1989. Print.
Wood, Gordon S. The Radicalism of the American Revolution. New York: Vintage, 1993. Print.
Morgan, Edmund S., Joseph
Birth of the Republic, which was written by the late professor Edmund Morgan, is extremely ambitious in scope. Its purpose is to recount the history of the initial founding of the United States -- which was originally envisioned as a republic. As such, the author covers the approximate 25-year period that began with the end of the French and Indian ar and which ended with the formulation and ratification of the Constitution. During this tumultuous time period which included the Revolutionary ar, the rise and fall of the Articles of Confederation, and the increasing dissatisfaction with the British government, the mores of the men who would found this country were exuded and tested. The author's central premise is that those mores were more than simple political rhetoric that disguised a need for personal gain, and instead represented a dedication to values that likely has not been…
Hattem, Michael. "Reconsidering Edmund Morgan's The Birth of the Republic, 1763-1789." www.earlyamericanists.com. 2013. Web. http://earlyamericanists.com/2013/03/13/reconsidering-edmund-morgans-the-birth-of-the-republic-1763-89/
Morgan, Edmund S., and Joseph J. Ellis. Birth of the Republic, 1763-89. Chicago: University of Chicago Press. ISBN 9780226923420.
Both large states with a great population, they did not want to lose influence or power to a federal government. In particular, there was great debate in New York as existing political leaders feared a lose of power. The Federalists were those who supported the Constitution and include James Madison and Alexander Hamilton. They were the Federalist Papers that were published in New York and not only helped the Constitution to be ratified, but guided the direction of the new American nation. Those who opposed a strong government were the anti-federalists and they feared America would turn into a corrupt nation like Great Britain.
George Washington, who would be the first President, was a federalist and had great influence and therefore helped the country to go in that direction. A Bill of Rights quelled further fears about the oppression of the federal government. In 1788 the Constitution went into effect.…
Federalism in U.S. History
The word federal denotes alliances between independent sovereignties. "The Oxford Guide to the U.S. Government," an important source for any student or teacher of history, describes federalism in the United States as "the division of governmental powers between the national and state governments." "The Oxford Guide" informs us that "state governments can neither ignore nor contradict federal statutes that conform to the supreme law, the Constitution." Unlike a confederation, a federal republic does not permit a state to have full or primary sovereignty over its internal affairs. If a conflict exists between the state and federal government, the supremacy clause mandates that federal laws are supreme. The powers of the central or national government typically are enumerated in a written constitution. Under the U.S. Constitution, any powers not specifically granted to the national government are presumed to be retained by state governments. State governments have their…
Main Part: In a federal system, the national government holds significant power, but the smaller political subdivisions also hold significant power. The United States, Canada, Australia, and Brazil are examples of federal systems (Constitutional Topic: Federalism, 2010, p. 1). Although it was not directly named in the Constitution, federalism is a central principle of government in the United States of America (Drake & Nelson ibid). The U.S. federal system has five basic characteristics (Drake & Nelson, May 2002, pp. 1f.): 1) Federalism provides a division of legal authority between state and national governments. Overlap occurs, but two legally distinct spheres of government exist.
2) The states are subordinate to the national government in such areas as management of foreign affairs and regulation of interstate commerce. 3) Federalism enables positive cooperation between state and national governments in programs pertaining to education, interstate highway construction, environmental protection and health, unemployment, and social security concerns. 4) The U.S. Supreme Court serves as legal arbiter of the federal system in regard to conflicting claims of state and national governments. 5) The two levels of government exercise direct authority simultaneously over people within their territory. The principle of American federalism, created in the eighteenth century, was bold and has greatly affected U.S. history. Its influence continues today (Drake & Nelson, May 2002, p. 2).
Main Part: Federalism in the United States has evolved quite a bit since it was first implemented in 1787. Pre-Federalism Period: 1775-1789. During that period, the former colonists successfully fought the War of Independence and established a government under the Articles of the Confederation. Disenchanted with the deficiencies of the Articles of Confederation, delegates drafted and the states ratified a new Constitution that created a federal system of government. (Drake & Nelson, May 2002, p. 3). Political scientists define two types of federalism in the history of the United States: dual and cooperative. From a vantage point, federalism can be viewed as a "layer" cake (dual); from another it may be pictured as a "rainbow" or "marble" cake (cooperative) (see Drake & Nelson, May 2002, p. 2). Dual Federalism Phase Part I: 1789 -- 1865. Dual federalism holds that the federal government and the state governments are co-equals, each sovereign. Dual federalism was necessary because parts of the Constitution needed to be interpreted very narrowly, such as the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. In this narrow interpretation, the
All of the founding fathers of the United States were great because they acted on their values and beliefs, helping to sow the seeds of a new nation. The work of the founding fathers became instrumental for independence from the British Crown. Being willing to stand up to Britain was no small feat, making the deeds of the founding fathers even more admirable. The founding fathers will be celebrated throughout history for their contribution not just to America but to the world. Although many men and women can be considered instrumental to founding the nation, there are seven key players that most historians identify as being the founding fathers. Those seven include George Washington, John Adams, Thomas Jefferson, James Madison, Alexander Hamilton, James Monroe, and Ben Franklin. All seven of the founding fathers and their contributions are important. Therefore, it can be helpful to compare and contrast three of them—such…
There were several battles therefore that took place between France, Great ritain and American war ships. These battles occurred in European waters as well as in waters in the western hemisphere.
The most challenging ritish action was an order permitting seizure of neutral ships either sending food and supplies to France or trading goods produced in French colonies, above all the West Indies. When ritain obstructed French ships in the French harbors early in the French Revolution, American merchants moved swiftly to take over commerce in the West Indies. These American merchant ships were subject to seizure. The ritish Navy took approximately 300 American ships and forced thousands of captured American sailors to serve on ritish ships. When American tried to negotiate with ritain, France became outraged, which prompted France to start seizing American ships and the attempts to negotiate with France were utterly ineffective. France then started to imagine…
Bukovansky, Mlada. Legitimacy and Power Politics: The American and French
Revolutions in International Political Culture (Princeton Studies in International
History and Politics). NJ: Princeton University Press, 2009.
Mintz, Steven. "The Critical Period: American in the 1780s: Economic and Foreign
Hamilton's Arguments in Favor of the Debt and the Bank
Jefferson would have no position against witch to argue had not Hamilton made the argument for the national debt so eloquently and so forcefully. Essentially, Hamilton and Jefferson entirely disagreed on the proper course to put the nation on a prosperous track. The greatest issue was whether the multitudinous colonial debts piled up by the individual colonies during and since the war with England should, in the spirit of e pluribus unum, be taken on by the federal government.
Hamilton postulated that the assumption of these colonies' - now states' - debts was essential to make the nation a credible, operating reality, deserving of trust in seeking credit from other countries. Also, Hamilton felt that "monied men" - those wealthy Americans who had made the loans to the state governments and how had in many instances not been paid yet…
The 16th Amendment was the first to be passed in the 20th century. It allowed incomes to be taxed as a clear response to the Supreme Court decision in the Pollock v Farmers' Loan and Trust Company (Fonder and Shaffrey 2002). Congress previously passed an income tax law in 1894, which the Supreme Court found to be unconstitutional, not being divided among the states by population. efore the 16th Amendment, the Constitution protected citizens in Article 1, Section 9, which provided that no capitation, or other direct tax chall be laid, unless in proportion to the census or enumeration. This protection was eliminated with the passage and ratification of the 16th Amendment, which gave Congress the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the States and without regard to census or enumeration. efore the 16th Amendment, taxation was based on consumption and…
Baker, J. (2000). United States (Government). MSN Encarta Online Encyclopedia: Microsoft Corporation. http://encarta.msn.com/text_1741500781_44/United_Sttes_(government
Collins, R.A. (1993). Gibbon, D., ed. The History of America. New York: CLB Publishing.
Fonder, M. And Shaffrey, M. (2002). American Government. Pearson Education Company
Francese, P. (2002). The Exotic Travel Boom - Leisure Travel Market Will Benefit from Aging American Population. American Demographics: Media Central, Inc. http://www.findarticles.com/articles/mi_m4021/is_2002_June_1/a_8867
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or enforced to perpetuate the distinctions that had before existed. Discriminations against them had been habitual.
100 U.S. 303, 306).
Furthermore, while the Court's decision was based on Strauder's right to an impartial jury, the Court believed that all-white juries were discriminatory against the potential jury pool. It held that:
Bolling v. Sharpe, 347 U.S. 497 (1954).
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).
Civil Rights Act of 1875, 18 Stat. Part III, p. 335 (Act of Mar. 1, 1875).
Gratz v. Bollinger, 539 U.S. 244 (2003).
An early draft of the Constitution initially did not permit Congress to rule on the issue of slavery at all, but later versions gave Congress the ability to ban or regulate the practice after 1808.
There was also the issue of the Presidency. The Congress created the idea of the Electoral College as a way to help elect the President in a country where communication was still difficult at best. It took nearly four months to agree on the College, and only then, could the term, the powers, and the re-election of the President be discussed and agreed on.
There were also issues regarding the powers of Congress, and how much power the states would retain. The Committee of Detail created the division of powers between the federal and state governments, as well as the separation of power between the President, the Congress, and the Courts. This was vital to…
Lloyd, Gordon. "Introduction to the Constitutional Convention." Teaching American History.org. 2006. 6 Dec. 2006. http://teachingamericanhistory.org/convention/intro.html
Eddlem, Thomas R. "Sherman's Great Compromise: Roger Sherman's Brilliant Proposal Saved the 1787 Constitutional Convention from a Hopeless Deadlock and Safeguarded against Centralization of Power at the Federal Level." The New American 28 June 2004: 37+.
Jillson, Calvin C. Constitution Making Conflict and Consensus in the Federal Convention of 1787. New York: Agathon Press, 1988.
Potter, Lee Ann. "Resolution and Letter to Congress from the Constitutional Convention." Social Education 69.5 (2005): 232+.
Miracle at Philadelphia
The convention began gathering here on the 14th of May (Bowen), but the condition of the roads have kept many of the delegates away. The men already assembled from Virginia and Pennsylvania believed that this is going to be more than just a reaffirmation and strengthening of the old Articles of Confederation (Library of Congress). Since the Articles of Confederation is only a loose contract between the thirteen new states, it is assumed that a completely new document will have to be drawn up. The concern is that there is a great deal of conflict between the factions due to geographical and ideological differences which may subvert the process before it starts.
The roads into Philadelphia were a problem, but the delegates finally began to assemble on the 25th in some strength. It was on that day that a quorum of states was attained when those from…
Bowen, Catherine Drinker. Miracle at Philadelphia: The Story of the Constitutional Convention May-September 1787. New York: Back Bay Books, 1986. Print.
Exploring Constitutional Conflicts. "The Constitutional Convention of 1787." University of Missouri at Kansas City, 2010. Web.
Library of Congress. "To From a More Perfect Union." The Library of Congress: American Memory, 2012. Web.
Mill and U.S. Constitution
None of the issues being raised today by the Occupy all Street (OS) movement are new, but rather they date back to the very beginning of the United States. At the time the Constitution was written in 1787, human rights and civil liberties were far more constrained than they are in the 21st Century. Only white men with property had voting rights for example, while most states still had slavery and women and children were still the property of fathers and husbands. Only very gradually was the Constitution amended to grant equal citizenship and voting rights to all, and even the original Bill of Rights was added only because the Antifederalists threatened to block ratification. In comparison, the libertarianism of John Stuart Mill in his famous book On Liberty was very radical indeed, even in 1859 much less 1789. He insisted that individuals should be left…
Dahl, Robert Alan. How Democratic is the American Constitution? Yale University Press, 2003.
Kaplan, Lawrence. S. Alexander Hamilton: Ambivalent Anglophile. Scholarly Resources, Inc., 2002.
Main, Jackson Turner. The Antifederalists: Critics of the Constitution, 1781-1788. University of North Carolina Press, 1989, 2004.
Mill, John Stuart. On Liberty. London, 1859.
Frank Lambert's The Barbary ars: American Independence in the Atlantic orld is a look into a time when the United States was insignificant on the world stage; a time when the U.S. didn't even have a navy. The book literally begins with the tale of an American merchant ship named Betsey, which was captured by a band of Barbary pirates in November of 1784. The Crew, commanded by Captain James Erwin, were taken prisoner and held captive in the Moroccan port of Sale on the Atlantic coast. The newly independent United States of America was unable to act against this heinous act of piracy due to the fact that it had no navy. All naval ships authorized during the course of the Revolution had been sold off to help pay the expenses of the war. In 1784, the United States had no navy to speak of, and it's…
Lambert, Frank. The Barbary Wars: American Independence in the Atlantic World. New York: Hill and Wang, 2005. Print.
political themes of early American politics, the major players, and issues that arose in the political arena of the time; with specific reference to Samuel Adams: adical Puritan, by William Fowler, and Founding Brothers: The evolutionary Generation, by Joseph Ellis. It has 4 sources.
The first part of this essay analyzes ideological, historical, personal and administrative features of the first American government, and uses these to explain the 'contradiction' existent in American national identity ever since.
The chief contributors to the 'contradiction' or 'argument' mentioned above were the ideas about government and public life that Samuel Adams gained from his Puritan heritage and then from his experiences during the revolutionary period; the major causes of the American evolution; the "Spirit of 76" or the Whig principles; the republican ideology stated in the Declaration of Independence; the changes in the organization of government from the Articles of Confederation to the U.S.…
Garraty and Barnes, (2000). A Short History of the American Nation, Vol. 1, 8th Ed. 2000, Chapter 4. pp. 107-117.
Fowler, W.M. (1997). Samuel Adams: Radical Puritan. Knopf.
Ellis, J.J. (2000). Founding Brothers: The Revolutionary Generation. Knopf.
Boston Gazette, April 4, 1768
colonists - now they are calling themselves Americans -- have won their war for independence and that they are now making their own laws. That was what they were fighting for. They complained in the Declaration of Independence that they did not have any representation when the English were in control. They were unhappy that they had to pay taxes and obey laws that they had no hand in creating. It is funny to me, but not in a comical way. They do not consider that we are in the same position as they were. Did they not write, "All men are created equal?" Why does that only apply to the white people? They think they can now control us like the English controlled them. They will take from us our land and they will make us abide by their laws or else they will wipe us out. Yet, you…
Federalist Papers are important to any analysis of the U.S. Constitution because they provided the philosophical and socio-political justification for the adoption of the Constitution. Prior to the ratification of the Constitution, the states were loosely united under the Articles of Confederation. However, Alexander Hamilton and his group of elites did not like that they could not be part of a federal/central government that oversaw and wielded power over the rest of the states. Thus, Hamilton penned many of the Federalist Papers (including Federalist no. 1) in order to combat the ideas expressed by the Anti-Federalists who condemned the Constitution as an attempt to subjugate states' rights.
The Federalist Papers may be read therefore as a series of a letters and arguments meant to sway the reader as to why the U.S. should adopt the Constitution in place of the Articles of Confederation. It is a body of writing that…
Between 1777 and 1786, the Articles of Confederation determined what the federal government could and could not do (School of Law, n.d.). The Articles provided no authority for tax collection or regulation of commerce, a situation that left the states to fend for themselves amidst the often chaotic efforts to compete against one another. Without tax revenues, the federal government had no way to pay soldiers fighting in the evolutionary War and many states ignored requests for financial contributions to the war effort. To resolve this issue, state representatives convened in Philadelphia to hammer out the U.S. Constitution, establish an executive and legislative branch for the federal government, and confer coercive power in order to enforce tax codes and interstate commerce regulations.
A third branch of the government, a federal judiciary, was also created during the Constitutional Convention in Philadelphia (Federal Judicial Center, n.d.). The Founding Fathers were…
Federal Judicial Center. (n.d.). History of the Federal Judiciary. Landmark Judicial Legislation: Constitution of the United States, Article III. Retrieved from http://www.fjc.gov/history/home.nsf/page/landmark_01.html .
Heritage Foundation. (2012). Punishment of Treason. Retrieved from http://www.heritage.org/constitution/#!/articles/3/essays/120/punishment-of-treason .
School of Law. (n.d.). The Constitutional Convention of 1787. University of Missouri, Kansas City. Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/convention1787.html .
The Antifederalists wanted to limit government severely in order to limit the effects of such corruption.
Had the Antifederalists won the debate on the constitution, the U.S. may not be the global power it is today. Its borders may not run from ocean to ocean. Its military may not be among the strongest in history. And many of the civil rights laws may not exist. The American system of government would look much different, as would the various states. However, this is not to say that they did not have criticisms of the American system under the federal constitution that have proven true time and again. The Antifederalists have shown themselves to be the fly in the ointment of American political thought. Their solutions may not have done much good. But the evils they pointed to continue to do harm.
Antifederalist No. 17. "FEDERALIST POER ILL ULTIMATELY SUBVERT…
Antifederalist No. 17. "FEDERALIST POWER WILL ULTIMATELY SUBVERT STATE AUTHORITY." December 10, 2009. < http://www.wepin.com/articles/afp/afp17.html>.
Antifederalist, No. 46. "WHERE THEN IS THE RESTRAINT?" December 10, 2009. .
Antifederalist No. 84 "ON THE LACK OF A BILL OF RIGHTS" December 10, 2009. .
Founding Documents-Declaration & Constitution
The Declaration of Independence lays out the fundamental propositions which underlie the Constitution and American political culture, and as Abraham Lincoln once famously stated, the Constitution is the "frame of silver" which surrounds the Declaration's "apple of gold." That is, Lincoln believed the Constitution creates the institutions and processes through which American government realizes the principles natural rights found in the Declaration's preamble. The purpose of the Declaration was not only to create a document proclaiming the colonies' separation from Great Britain, but it was also both a list of grievances and a statement of colonial constitutional theory. Jefferson stated toward the end of his life that the political philosophy espoused in the Declaration was simply a statement of the "American mind."
The Constitution can properly be said to embody these principles in part due to the failure of the Articles of Confederation -- as the…
Six Questions & Discussion on American Politics
During the U.S. Constitutional Convention of 1787, two primary plans were forwarded that shaped the development and discussion at the convention that would forever impact the shape of American politics. The first plan, the Virginia Plan, introduced by Governor Randolph, was an effort to simply revise the existing Articles of Confederation. It was characterized by three major points: the structural exclusion of states from elections and representation at the national level, reductions of powers to individual states, and the abandonment of the some national features of republicanism like institutional separation of powers. The Virginia Plan was countered by two alternative plans, and a division at the Convention: the New Jersey Plan that believed the Virginia Plan went too far in affording power to the national government, and the Hamilton Plan that argued the Virginia Plan didn't go far enough (Lloyd).…
Burner, David and Rosenfield, Ross. "Polling." Dictionary of American History. 2003. 15 Dec. 2009 .
"Evolution of American Political Parties from the Revolution to the Reconstruction." 2003. 15 Dec. 2009 .
Follesdal, Andreas. "Federalism." The Stanford Encyclopedia of Philosophy. 2006. 15 Dec. 2009 .
Green, John, Smidt, Corwin, Guth, James, and Kellstedt, Lyman. "The American Religious Landscape and the 2004 Presidential Vote: Increased Polarization." 15 Dec. 2009 .