The American Constitution A Historical Background Essay free essay sample

, Research Paper The American Fundamental law: A Historical Background 1781-1788 Thesis Statement: The confirmation of the United States Constitution in 1787 provided the model for a new system of authorities. Outline I. General Background A. Law B. Human Affairs II. Background of the Fundamental law A. Articles of Alliance B. Shay s Rebellion III. Constitutional Convention A. Popular Control B. Limited Power IV. Framers of the Fundamental law A. George Washington B. Benjamin Franklin C. James Madison D. George Mason V. Ratification A. Federalism B. Anti-Federalism VI. Future Outlook A. Bill of Rights B. Additional Amendments The Constitution of the United States comprises the state s cardinal jurisprudence, supplying the model for its administration and the rules under which it must run. When the fundamental law was written, it was intended to digest for ages and be flexible and adaptable for future coevalss. The fundamental law was intended to be the supreme jurisprudence of the land. We will write a custom essay sample on The American Constitution A Historical Background Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The Articles of Confederation, which were ratified in 1781 was the first fundamental law. The Articles of Confederation dealt with three issues: representation, revenue enhancement, and the extent of control over western districts. The first issue, representation, gave each of the 13 provinces one ballot. The 2nd issue, revenue enhancement, gave Congress power to bespeak money from the provinces in the signifier of revenue enhancements. The 3rd and last issue placed accent on western lands: people were allowed to have land all the manner to the Pacific and Virginia. ( West and Northwest # 8211 ; Caughey, p. 119 ) The Articles of Confederation gave power to the provinces and was faulty as an instrument of authorities. The deficiency of integrity caused jobs in international dealingss and the defence of the state. Although the Articles of Confederation gave the provinces a cardinal authorities, Congress did non hold the power it needed to regulate more satisfactory. ( Robinson p. 169 ) . By 1875 it seemed to many loyal citizens that the alliance was a failure. Washington, Hamilton, Jay, Madison and other leaders repeatedly argued that the authorities needed to be strengthened. Some Americans had particular grounds for desiring a stronger authorities. Some wanted the authorities to protect them from Indians, Spaniards, and the British. The groups of merchandisers, bargainers, and ship proprietors suffered from duty wars among provinces and from British Torahs. Work force who loaned money to the authorities during the wars wanted a stronger authorities so they could be repaid. ( America On-line 2 ) . Many people think of the United States as a immature state, and still our fundamental law is amongst the oldest written fundamental laws of any major states in the universe. Soon after the Revolutionary War, the three million people who lived in the United States became discontented with the Articles of Confederation. The authorities seemed excessively weak to command the people at place or to do the New Republic be respected abroad. Congress lacked power to raise money and could merely bespeak money from the provinces. Some provinces were hapless, others paid excessively much revenue enhancements. Congress had no authorization to modulate commercialism. All provinces were suppose to stay by the Articles of Confederation, but some violated them. Some provinces made pacts with the Indians and with others. They ignored foreign pacts made by Congress and regulated the value of money. Chaises Rebellion ( 1786-1787 ) was one event that dramatized the failing of the cardinal authorities. When debitors were in despair, many of them looked to the authorities for aid. In Massachusetts, when statute law refused alleviation, Daniel Shays led armed work forces to intimidate the tribunals from continuing with foreclosures. ( Caughey p. 126 ) The insurgents held out for about six months before being overpowered by the province reserves. Acknowledging that the dissenters might hold had merely cause, the legislative assembly pardoned all but the leaders, but subsequently widening amnesty to Shays himself. ( Caughey p.127 ) . As Shays rebellion was get downing, five provinces sent delegates to Annapolis, Maryland, to seek and develop a compact on interstate commercialism. Acknowledging the job was complex, these delegates called for a convention to give broader consideration to the job. In May 1787, delegates chosen by 12 provinces met in Philadelphia, Pennsylvania and started the work of revising the Articles of Confederation. ( Caughey p. 127 ) . The delegates of the Constitutional Convention were work forces like George Washington, Alexander Hamilton, James Madison, John Jay, and Benjamin Franklin. The agencies by which the aims could be achieved was lively. ( Grolier Electronic Publishing 2 ) . The assignment that brought these work forces together was to mend the defects of the Articles of Confederation, particularly the insufficiency of the cardinal authorities. How it should be strengthened and by how much, and what would be acceptable to the provinces. Issues like how to elect the president were debated. Others like the relationships of the authorities to the people and those between the provinces. Through the great via media, the little provinces were given equal representation with the big provinces in the Senate, but members of the House of Representatives were elected by the provinces harmonizing to population. The framers provided the ultimate control of the authorities by the people through the electoral procedure . The senators were chosen by province legislative assemblies and the preside National Trust by the Electoral College. State Legislature controlled the choice of senators, presidential voters, and seats in the province legislative assembly. Legislature was won in popular elections, and it was assumed that the population would finally hold an consequence on the choosing of senators and presidents. The framers felt that the popular bulk must be represented in the federal legislative assembly, yet besides felt that non all the power be given to them. Consequently, they approved an agreement by which one house of the legislative assembly represented bulk will and another house service as a cheque on the that house. Issues to be resolved by this brotherhood of the framers were: the common defence of the members, the saving of public peace, protection against external onslaughts, ordinance of commercialism between the provinces and with other states. ( Grolier Electronic Publishing 3 ) . The specific powers of the president were identified in Article II, subdivisions 2 and 3. The president has the power to blackball any measure that Congress may go through. The kernel of the legislative assembly authorization is to ordain Torahs, and to order regulations that regulate society, while the president is responsible for the executing of the Torahs. Presidential power was limited by holding merely a four twelvemonth term. ( Grolier Electronic Publishing 3 ) . Judicial power as such was understood by the framers to intend the power to make up ones mind instances and contentions. The fundamental law framers did non desire the power of authorities to be controlled by one individual, so that they provided for a separation of power and a system of cheques and balances. Alexander Hamilton called for all provinces to direct delegates to Philadelphia to run into in May 1787. George Washington was chosen as the presiding officer. The fundamental law was framed by 55 delegates from 12 of the 13 provinces, as Rhode Island did non name delegates. Another of import framer was Benjamin Franklin, a senior member delegate who was responsible for proposing the Electoral College, the manner in which the president was to be elected. James Madison was one of the most active framers of the fundamental law, a leader who was to be called the Father of the Constitution. He was a Southerner, slave proprietor from Virginia, educated in New Jersey. ( Robinson p. 209 ) . And another framer was George Mason, from Virginia, who was profoundly troubled about the issue of bondage. Mason was the writer of the Virginia Seminal Bill of Rights, which began with the averment that all work forces are of course equal. This called the attending of the delegates to the inclination of bondage to weaken the state s defence against foreign enemies. ( Robinson p. 211 ) . It was the will of the framers to construct a strong and stable authorities. They besides expected the authorities to organize the power of the three subdivisions of authorities, the Executive, Legislative and Judicial Branches. On September 17, 1787, George Washington, President of the Federal Convention, sent the completed fundamental law to the Congress of the Confederation, pressing prompt confirmation. The confirmation of the fundamental law would be a gamble for everyone. Much would depend on the attitude with which the congresswomans and the delegates to signing conventions approached their undertaking. One singular note to the confirmation procedure was the deficiency of contention aroused by the agreements in the fundamental law impacting bondage. ( Robinson pp. 234-235 ) . Massachusetts was the first province to keep full graduated table arguments on the issues involved. Issues discussed were expansive jury indictment and how it would be required before a test for major offenses. Congress would non hold the power to set up commercial monopolies, and powers non assigned to the authorities were reserved for the provinces. Massachusetts ratified the fundamental law on January 9, 1788 by a narrow border. Other provinces followed. Congress waited for Virginia and New York, and on September 13, 1788, acknowledged that the necessary confirmation s had been given, put the day of the months for the election and the meeting of the Electoral College. New York was to be the place of the new authorities and on March 4, 1789 was set as the official start of the new federal government. ( Caughey p 131 ) . The original 10 amendments of the United States Constitution gave us our Bill of Rights. The Bill of Rights give us the freedom of faith, address, imperativeness, assembly, and request. The province besides has the right to keep a reserves ; it is non to one-fourth soldiers upon people. It besides disallows general hunt warrants. ( Caughey p. 135 ) . Other amendments are addressed more straight to protecting each occupant of the United States against arbitrary and unreasonable intervention by his or her authorities. One merely needs to read the Preamble of the Constitution to cognize what the framers set out to give the people of our great state: We the people of the United States, in order to organize a more perfect Union, set up Justice, insure domestic Tranquility, provide for the common defense mechanism, promote the general Welfare, and procure the Blessings of Liberty to ourselves and our Descendants, do ordain and set up this Fundamental law for the United States of America. Plants Cited 1. United States. Commission on the Bicentennial of the United States Fundamental law. Washington, D.C. ; GPO 1996. 2. Robinson, L. Donald. Slavery in the Structure of American Politics 1765-1920. New York: Jovanovich, Inc. , 1971. 3. Grolier Electronic Publishing Encyclopedia. Cadmium ROM 1995. 4. Caughey, W. John. A History of the United States. Chicago: Rand McNally and Company, 1964. 5. America On-line. Internet Service.