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The Pros And Cons Of The Constitution

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The constitution was a collaboration project where several different people and ideologies worked together to form a fair and just government in the colonies. Due to the large number of different ideas battling for dominance within the formation of this new government, compromise had to be made. This level of compromise allows the modern interpreter to find the existence, both in large and small ways, of the ongoing battle in regard to individual and civil rights in every part of the document. These contributors had very different ideas about the concept of ‘rights’ and more specifically, their ideal level of priority within a society. Locke, Rousseau, Paine, Dickinson, Madison and Blackstone all had varying ideas of what this balance should …show more content…

amend. IX). This amendment displays the idea that the readers of the constitution should not assume that the rights clearly protected within it are the extent of all human rights. This amendment fights for the idea that everyone deserves their natural human rights, even if they are not explicitly given in the constitution. Locke and Rousseau both have opinions on this topic of natural rights shown in their respective texts, and it can be argued that the ninth amendment was influenced by both contributors, however Locke would have much less conflicted opinions on the amendment than …show more content…

The two sides again were the Lockean idea that individual rights should always be held above civil rights and the more conservative idea from Rousseau that some individual rights need to be sacrificed in order for the government to provide more important civil rights for the general will. James Madison was quoted in the work “The Federalist Essays” written by Publius about the importance of the inclusion of a Bill of Rights in the constitution. He believed that there needed to be something within it that secured the individual rights of the people. In contrast, William Blackstone focused more on a balance, much like Dickinson and Rousseau, between civil and individual rights in his work “Commentaries”. He believed that some individual rights needed to be given up in order to allow civil society to promote the greater good and maintain order. However, he believes that the individual rights to life, liberty and property should be protected before all

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Before ratifying the Constitution, a constitutional convention was called in 1787 to change the Articles of Confederation. This meant that each state had only one vote in Congress, and the size didn’t matter. The debate was between the federalists and Anti-Federalist, one side wanted to ratify the constitution and the other side didn’t. It was not easy because there were documents and articles both supporting and going against it. Who are the federalists?

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Hence Federalists came up with the Bill of Rights as a way to get the Constitution ratified and for people to really see a needed change. The Bill Of Rights which lists specific prohibitions on governmental power, lead the Anti-Federalists to be less fearful of the new Constitution . This guaranteed that the people would still remain to have rights, but the strong central government that the country needed would have to be approved. The 1804 Map of the nation shows that even after the ratification of the United States Constitution there still continued to be “commotion” and dispute in the country.(Document 8) George Washington stated that the people should have a say in the nation and government and everything should not be left to the government to decide.(Document 3) Although George Washington was a Federalist many believed he showed a point of view that seemed to be Anti-Federalists. Many believed that The Bill of Rights needed to be changed and modified and a new document’s time to come into place.

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“Richard Henry Lee’s Objection to the Constitution” and James Madison’s “The Federalist No. 51” contend about the positive and negative effects of the Constitution. Both essays are important documents for early American history, and both contain valid points. James Madison, however, presents the better argument with his diplomatic, content, and logical approach. “The Federalist No. 51” begins with a question about how America can properly divide government power (Madison 1). Madison believes the Constitution is the answer because it gives the foundations and tools to keeping the power of the government for the people.

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