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Application of the separation of power and checks and balance
Application of the separation of power and checks and balance
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The main purpose of this chapter is to determine the Founding Fathers’ motives for creating the Constitution by analyzing a secondary source by Woody Holton, and several primary sources. Frist, I will begin with the secondary source, “Unruly Americans and the Origins of the Constitution” by Woody Holton. Mr. Holton’s main purpose was to locate the motivation behind the Constitution in developments in the states (page 90). Mr. Holton addressed several grievances for possible motives of the Founding Fathers’. First, the excessive democracy that acerbated many Americans, the runaway inflation caused by the farmers who were allowed to satisfy their debt to creditors with property and good instead of hard currency, and the Revolutionary War that
Regarding the constitution James Madison and his fellow delegates had a challenge to write a strong constitution to hold the people and the states together The Constitution guards against tyranny by creating Separation of Powers and Small and large States. Furthermore the separation of powers is guarded by the constitution . The three
Question 1: Based on what is know of the colonies and their self-government, why would written constitutions and representative government appeal to state citizens and the Founding Fathers? The written constitution appealed to the founding fathers because they understood for the new nation to be successful the nation would essentially need a set of rules. As for why representative government appealed to the people is because of past experiences. The colonies has no representation in parliament and this would also be one of the reasons the colonies would want to break away from England.
DBQ Essay The United States Constitution is a document that or founding fathers made in order to replace the failing Articles of Confederation (A of C). Under the Constitution, the current government and states don’t have the problems they faced when the A of C was in action. The Constitution was created in 1788, and held an idea that the whole nation was nervous about. This idea was a strong national government, and the Federalist assured the people that this new government would work. The framers of the Constitution decided to give more power to the Federal government rather than the state governments because the A of C had many problems, there was a need for the layout of new government, rights, and laws, and there was a need for the Federal
“The accumulation of all powers… in the same hands, whether one, a few, or many… may be justly pronounced the very definition of tyranny. ”-James Madison. Fifty-five delegates, from the thirteen states, met in Philadelphia in May of 1787 to discuss and revise the Articles of Confederation. The chief executive and the representatives worked to create a frame for what is now our Constitution. The Constitution guarded against tyranny in four ways; Federalism that creates a State and Federal government, Separation of Powers that gives equal power to the three branches, Checks and Balances that create balance in the three branches by checking each other and being checked and the Small States vs the Big States ensures an equal voice for all states no matter what their size.
1. The US Constitution, along with the Constitutions of both California and Oregon seem to be arranged in similar fashion. All contain a preamble followed by Articles and Sections, but the similarities between them seemingly end here. In the Constitutions of both California and Oregon, the Bill of Rights can be found within Article I. Whereas in our Us Constitution the Bill of Rights is not seen until the first 10 Amendments have been added presumably nearly two years after. It is evident that while writing the US Constitution, our forefathers were most concerned with the presumption of power by the government.
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.
In his essay ‘The founding fathers: a reform caucus in action', John P. Roche describes the Founding Fathers as practical politicians that were indeed acting on behalf the citizens they represented. Roche states the founding fathers kept in mind everyone's rights while making the Constitution. He explains how James Madison drafted the Virginia Plan. Roche describes it as a ‘Political Masterstroke'.
James Madison’s Federalist 10 was written amid criticisms that a republican form of government had never been successful on a large scale. Madison’s argument was that a well-constructed union could control factions. He argued that in order to control factions from their causes, we would need to either give up liberty or free thought. Since we cannot infringe upon these two natural rights, we must move on to controlling the effects. A republic, Madison argues, would be able to do this because the people choose the representatives, and they choose representatives who they feel best represent their opinions.
“The accumulation of all powers..in the same hands, whether of one or many (is) the very definition of tyranny.” (James Madison, Federalist Paper #47, 1788) ( Background Essay) This quote explains the reasoning for one of the framers, (B) Separation of Powers. The framers of the constitution were created to prevent tyranny and create a stronger government that would hold the nation together. Tyranny ultimately means harsh, absolute power in the hands of one individual-- like a king or dictator. The constitution guarded against tyranny in 4 ways: (A)Federalism, (B)Separation of Powers, (C)Checks & Balances, and (D)Small State-Large State.
The framers of the United States Constitution had a difficult task deciding how this country should be governed. Many challenges to their thoughts, fears, and decisions proliferate even after more than two centuries. Many disagree, for instance, with the way in which our nation's President and Vice President are elected. In essence, The Electoral College is a compromise between the choice of President and Vice President being made by a vote in Congress and being made by a popular vote of the people.
In the first paragraph of the Federalist Paper 10, Madison explains what he is trying to do with the constitution. His main concerns were to establish a government that was capable of controlling violence and damage caused by factions. He believes that as long as men have different opinions, different amounts of property and wealth, then there will always be factions. When Madison says faction, he means a group of people that have some strong common passion or interest.
The politics of the newly independent country were shaped by the founding fathers’ past experiences with the British monarchy and parliament. They had to remember why the country left England originally and establish a government that avoided the mistakes Parliament made. James Madison warned in The Federalist that government had to monitor and control itself to control the citizens (Doc I). To do this, a bicameral legislature and three branches of government were created to balance the political power; to avoid one branch from gaining too much power the branches were able to check each other. In addition to the formation of the government, laws were passed to protect the colonists’ rights.
Factions and Federalist Essay No. 10 The federalist papers were a series of 85 essays written to convince the citizens of New York to ratify the constitution. Federalist essay No.10, written by James Madison, discusses political factions and their effects. Madison’s definition of a faction is clearly stated in the essay.
The Constitution is still relevant today because it separates the power each branch of government has in the United States. The separation of powers serves several purposes. The separation prevents concentration of power, seen as the form of tyranny, and provides each branch with weapons to fight off encroachment by the other two branches. As argued by James Madison in the Federalist Papers (No. 51), "Ambition must be made to counteract ambition."
