Shaping The Courts of America: The Judiciary Act of 1789
On the 17th of September in 1787, the delegates of the thirteen American colonies gathered at the Constitutional Convention in Philadelphia and signed the document that is known as the Constitution of the United States of America. On the 21st of June in 1788, the Constitution had been ratified by eleven of the thirteen colonies, and other laws and acts were being discussed as well by the representatives. While the Constitution had done a phenomenal job at creating and outlining the legislative system in Article 1 and the executive system in Article 2, it was very vague when describing the judiciary system and its powers in Article 3. As a result, the Senate deemed it necessary to appoint a committee responsible for making judicial outline. On the 7th of April, 1789, that committee was created, and they would establish one of the
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Ellsworth had proven himself to be an ideal choice to lead the committee and to create the document because of his background. He had a role in shaping the first draft of the Constitution of the United States as well as creating the Connecticut Compromise. The Compromise created a bicameral Congress that had equal representation for each state in the Senate in order to appease the states with lower populations since they were worried about not having a voice in government. Ellsworth met with other senators, notably William Paterson of New Jersey, to begin drafting the act, and he served as its principal author.
During the drafting process, multiple copies and drafts were distributed to the members of the legal community for feedback and thoughts. In the committee, Federalists and Antifederalists were present and active. These groups clashed multiple times because of their opposing views on the amount of power the federal courts and other parts of the judiciary system should
In 1781-1783, he was represented in the Confederation Congress and after that, he served on the Connecticut Superior Court. Ellsworth also served as a Connecticut senator in the new federal government between 1789 and
Unit 3 Test After the Revolution and the failure that was the Articles of Confederation, the nation needed order. Thus the nation’s leaders came together during the summer of 1787 at the Philadelphia Convention to draft the Constitution of the United States. The constitution was ratified in 1788. The Federalist Party had to gain nine of the thirteen states’ approval of the constitution to ratify it despite the goals of the Declaration of Independance. After the tyranny of the British rule, the new citizens of the United States wanted a severely limited government.
This was their way of checking each other making them agree on any laws before passing them. This also gave the President the power to veto any acts of congress. This gave us the federal Structure of the government. The House of Representatives were elected by the people. On the 17th of September 1778 thirty nine delegates signed the Constitution though Ben Franklin said (“Thus I consent, Sir, to this Constitution, because I expect no better, and because I am not sure it is not the best”)
The Constitution of the United States was written in 1787, but there was a grapple for its ratification that went on until about two decades after the ratification. Members of Congress believed that the first government of the United States or the Articles of Confederation, needed to be adjusted while others did not want anything to change. After the Revolutionary War, the people did not want a strong central government, because it reminded them too much of what they were trying to escape from. Under the Articles, each state had their own laws, and the need for a new Constitution was desired by many. The Constitution of 1787 created huge debates, arguments and splits in the nation that lasted for several year after its ratification between people who
This shows that there was a balance that had to be found. Some of the topics they debated on where topics such as the president 's salary and how to prevent against sectional favoritism. The largest topic, however, was on how the president should be elected. One of the first struggles the men encountered was on who should elect the president. There were two sides, the supporters of the legislative branch electing the president and the supporters of popular vote.
The new constitution couldn’t please everyone. Some people liked it but some didn't. The two sides were the Federalists and the Anti-Federalists. The Federalists were in favor of ratifying the Constitution, whereas the Anti-Federalists were opposed to it. They would have debates about ratifying the Constitution.
During the ratification of the debate of Constitution of the United States, there were two groups that played a major role during the time. Federalists supported the ratification of the Constitution. They were mostly conservative wealthy landowners or former loyalists. Some of the well-known Federalist during this time were George Washington, James Madison, Alexander Hamilton, and John Jay. Anti-Federalists on the other hand opposed the ratification of the constitution, and they were in favor of the Articles of Confederation since it was less government and the states still maintained their sovereignty.
In 1777, the Continental Congress completed the first written American constitution, the Articles of Confederation. The Articles of Confederation was created to form an alliance between the 13 colonies. It was working out well in the beginning until serious problems started to appear. Those were money problems and most importantly, a weak government. One issue the Articles of Confederation had, was the major money issues inflicted upon the union which harmed the coherency of our country.
to make the Articles of Confederation work. George Washington didn’t like this idea of revising the Articles at first, but the news of the rebellion made him change his mind. After he agreed to attend the convention, it took on greater significance. The meeting took place in Philadelphia in May 1787, with fifty-five delegates that had occupation such as planters, merchants, lawyers, physicians, generals, governors, and a college president. Taking Thomas Jefferson’s place from Virginia were Edmund Randolph and James Madison.
Some might ask why is the constitution important to the United States? The United States relies on the constitution for a base. The constitution is what freed us from Great Britain. Where would our country be today if our founding fathers didn't create the constitution and didn't make this country freedom of speech and religion. How the constitution started, why it was created, and what it effects in today's society.
The Constitution shaped America into who we are today. It started with the Articles of Confederation. The Articles of Confederation was “the nation’s first constitution and was written to create a firm league of friendship between the thirteen states”(Crouse, Slide 5). Eleven years after the Declaration of Independence was adopted, the United States Constitution was created(Weatherman). After the United States finally won their independence from Great Britain, they spent their early years governed by the Articles of Confederation.
During the process of ratifying the constitution, the federalists and anti-federalists had major disagreements on what views and ideas should be presented. Because of all of the disagreements, the two groups were eventually divided and each held their own views on what the constitution should carry. The federalists were a group of led by Alexander Hamilton and were the first political party of the United States. Most of the federalist lived in urban areas.
Written in 1787 and established in 1788, The Constitution is one of the most famous government systems in the world, laying down the foundation for the world we know today. It’s predecessor, the Articles of Confederation, was not nearly as long-lasting, being scrapped after just 10 years. However, both documents had a similar idea: giving power to the people and preventing the rise of a king. One huge difference is that the Constitution established a much stronger government than the Articles of Confederation. With the Articles, there was almost no government, leading to big problems.
Considered one of the most important documents in United States history, the Constitution was the basis of a government still functioning today. In the summer of 1787, 55 delegates from eleven of the thirteen states gathered in Philadelphia to fix the first attempt at a constitution, the Acts of Confederation. The government set up by this functioned so poorly that the entire document was scrapped thus making way for the Constitution. This provided a functioning government organized in a way that would eliminate any chance of a single party or person becoming a tyrant. The Constitution created an outline for a government with powers fairly distributed between the federal government, state governments, three branches of government and small
The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into