James Madison

The Founding Fathers Essay Online For Free

August 7, 2020 by Essay Writer

What were the founding fathers’ main motivations when designing the US Constitution more than two centuries ago? What aspects of their design most and least impress you, and why? The United States Constitution is a 7,000 word document which established a national government and created three branches of that government. The three branches established were the legislative branch being Congress, an executive branch being the President and finally a judicial branch which was the Supreme Court. The Constitution was created by the Founding Fathers of the United States who saw the previous system of government, the Articles of Confederation, as weak and leaderless. I will discuss what I consider the main motivations of the Founding Fathers in creating the Constitution and why they created certain branches of government as they did, as well as the reasons why they created the Constitution in this way. I will then proceed to write about what aspects of the Constitution are good for the Government and the people of the United States and what aspects of the constitution could be improved upon. Alexander Hamilton drafted a report which was supported by James Madison that proposed that the thirteen states send delegates to a convention “to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union.” Congress invited the states to send delegates to a convention in Philadelphia “for the sole and express purpose of revising the Articles of Confederation” and to “render the federal constitution adequate to the exigencies of government, and the preservation of the Union.” Here were the beginnings of the Constitution, as the delegates quickly noticed problems with the original Articles of Confederation. The delegates were unhappy that there were laws which inflated the state’s currency and abolished debts. The absolution of these debts made the debtors influence state governments and push their minority interests onto the majority. The main problem with the Articles of Confederation, however, was that there was no executive or judiciary; therefore the states had no single person to look to in time of crisis or that rash decisions could be made, without the protection of rights. An example of this being in Pennsylvania where the Quakers lost the right to vote in elections due to a decision of the Pennsylvania legislature. The states were also seen as weak if they did not form a federal unity. This was described in the Federalist Papers, written by “Publius” which was actually a combination of works of Hamilton, James Madison and John Jay, published in New York to make the case for the ratification of the new Constitution by the state conventions. In the papers they explain that if the states were acting separately they then could easily be picked on and taken over by European powers. Publius further maintains that if the states were fighting amongst themselves, liberties would be at risk and they would be economically worse off. The states could also not protect themselves from internal revolutions without a national government to intervene, such as in the case of Shay’s rebellion in Massachusetts in 1786. A system of powerful government was consequently needed to put these issues to rest. As we have seen the Founding Fathers saw that the Articles of Confederation were not working and therefore needed a new form of government to take control. The Philadelphia convention was set up to deal with these issues. Various proposals were put forward including the Virginia plan which wanted a strong national government and the New Jersey Plan which wanted a weak national government, until they reached an agreement formally known as the Connecticut compromise. The First Article of the Constitution talks about the legislature. The larger states wanted representation based on population; the small states feared this would not give them a large enough voice within Congress to air their grievances. A compromise was reached that there would be two houses. These would be the House of Representatives which was based on population and the Senate which would have two representatives from each state no matter what the population of the state was. The small states were scared that the larger states would override them on decisions and therefore were worried that they would be in an insignificant position within the new form of government, so in demanding the Senate, they now saw they had an equal voice on legislation that they saw as unfair or did not like. The Founding Fathers saw that the legislature needed to be based on the representation of the people, as they saw that if the ruler’s right to rule depended on the approval of the people to be governed. The Founding Fathers also wanted the legislature to be responsive to the electorate. A direct election to the House of Representatives was seen as a good way for the people to have a voice. The fathers decided to have a representative on two year terms for every 40,000 people in the House of Representatives. They did not make the population smaller as it would become too divisive within the House and if the population was larger then it was assumed that the representative would lose his connection with the people he was meant to represent. The other part of Congress, the Senate, was split so that it would weaken the power of the legislature; the Senate was elected on a 6 year term and not elected directly but by the legislature of that state. This was so that quick reforms were not passed in the fever of the moment. As Publius asserts in the Federalist it did not want to give “unreasonable advantage…to the sagacious, the enterprising, and the moneyed few, over the industrious and uninformed mass of people”. As we have seen the Articles of Confederation were said to lack an executive to take decisive measures for the states as a whole. Article 2 sets out to address this problem. The executive was seen as a popularly elected monarch, however, one that could be impeached for “high crimes and misdemeanours”. This was enacted so that no one should be above justice. The Founding Fathers saw that the states needed someone to represent them abroad, so the President was given the power to make treaties, and oversee foreign relations. These were decisions which the Founding Fathers knew needed to be handled in a quick manner so they were handed to the President, as he was a single representative and could treat these matters with priority with little interference from other branches of government. The President had very little to do domestically, as it was decided that the legislature should handle these issues. He could veto legislation, and propose it, but domestically this was about as much as he could do. The Founding Fathers gave the President very little domestically as they were concerned that he would destroy personal liberties as they perceived the monarch of Britain had done to the colonists. They also did not want him to be elected by rash decision making, so therefore the Founding Fathers decided on election by an electoral college. This was also to stop corruption within the system, as it was elected separately from the federal and state governments; it was subject to no influence from these institutions, thereby being completely independent. The Founding Fathers did this as they saw how easily influenced the executive could be by other parts of the government, as they believed in the British system. In the same manner the Founding Fathers also decided not to have members of Congress in executive positions, such as cabinet members. The Federalist states that this was to stop ‘the executive undermining the legislature by lucrative appointments.’ They were motivated to keep the executive under control as they had seen how influential the monarch of Britain had been, and how his rash decisions immediately affected the colonist’s lives. By making the executive as weak as they had done, they hoped to undermine his power. Article 3 expresses the role of the Judiciary within the frame of the Constitution. The Supreme Court was said to interpret and defend the supreme law of the land which was the Constitution. Article 3 states that the “Judicial power shall extend to all cases…arising under this Constitution”. The Supreme Court case of Marbury vs. Madison clarified the powers of the Court. It was held that Article 3 of the Constitution implies that the Supreme Court has the power of judicial review. It has been argued that this was intended by the Virginia Plan. The Founding Fathers also decided to elect the justices for life, although this caused concern for some but they were reassured by Madison who stated that “they will have lack of access to either the sword or the purse” He also claimed it would be the “least dangerous branch” since it could only interpret the Constitution and the people, if they felt strongly about the issue and could amend it as they saw fit. The Founding Fathers saw the Supreme Court as the ultimate protector of the Constitution and therefore saw it was needed not only to strike down legislation that conflicted with the Constitution but to protect the liberties of the people it was meant to protect. Another main motivation of the Founding Fathers was the separation of powers and to constitute checks and balances between the branches of government. The separation of powers dispersed powers of the government into different areas making it difficult for one to control the other. This was provided for by the Founding Fathers so as to stop one system of government becoming tyrannical and effectively taking over the government. It forced Congress and the President to agree on policies, therefore stopping one or the other from becoming too powerful. The checks and balances were said to make ‘every branch superior and inferior to one another’. The separation of powers and checks and balances are one of the aspects which least impress me about the Constitution, although it has served well in some aspects which will be explained later. The reason is the checks and balances system can lead to gridlock if there is not agreement between the institutions of government. A good example of this was when President George W Bush wanted to expand the social security programme; he could not pass the legislation as Republicans were scared of losing their seats if they voted for it. The weakening of political party ties in government has made the gaining of support for the Presidential proposals hard. This means it can take years for reforms to be passed such as the case with healthcare, although some reforms were eventually passed recently. It faced much opposition from a well placed minority within the branches of government as seen when Bill Clinton was President. When Congress and the President are members of different parties, the President can become a lame duck President and as government becomes a stalemate, the country has almost no legislation passed apart from on rare occasions when Congress and the President compromise. The separation of powers was best summed up by the Committee on the Constitutional System and Body of Political Reforms: “Separation of powers, as a principle of constitutional structure, has served us well in preventing tyranny and the abuse of high office, but it has done so by encouraging confrontation, indecision and deadlock, and by diffusing accountability for the results. Because the separation of powers encourages conflict between the branches and because the parties are weak, the capacity of the federal government to fashion, enact and administer coherent public policy has diminished and the ability of elected officials to avoid accountability for governmental failures has grown” The separation of powers and checks and balances has been extremely effective at stopping tyranny, almost too effective as it has been a massive nuisance to government in passing legislation and getting reforms passed if the different branches of government do not agree on certain issues. Another aspect which least impresses me about the Constitution is the position of the Supreme Court which is due to the power of the President to make judicial appointments. This means that the Supreme Court can have a long lasting bias as where a conservative President appoints conservative Supreme Court justices who are likely to follow their conservative bias in reaching decisions. Since the justices are life serving they can hamper decisions made by Congress or the states. This can be seen in such divisive issues such as slavery, abortion, gun control and even the election of the President in 2000. They can deem certain legislation “unconstitutional” which blocks progress within the United States even if the majority of citizens want it. Another issue that least impresses me about the Constitution is the Electoral College. The Electoral College hampers the concept of one person one vote, as the form of the Electoral College cancels out all the other votes if the state is won by another party. It also creates problems in elections as candidates have to campaign to not obtain the most votes, but to capture the most states. For instance Al Gore did not want to alienate the states of Pennsylvania and Michigan so decided not to air his views on strong gun control. Another weakness is the power of amendment in the Constitution. This is the very opposite of democracy in my view as thirteen states that represent less than 5% of the population can block constitutional amendments. This is due to Article 5 of the Constitution which provides that amendments must be “ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof”. The aspect of the Constitution which most impresses me is the fact that it is the world’s oldest surviving constitution and that it still provides a workable constitution in the context of the modern United States. Hugh Brogan says that this may be because if the majority do truly want change within the system they can bring it about through amendments. What also impresses me is that it has a Bill of Rights which enshrines people’s rights and expresses that certain human rights are inalienable rights which cannot be taken away from them. It was one of the first constitutions to give recognition to the natural rights of its citizens. It took the British government until the election of Labour in 1997 to see these rights needed to be put into law in the shape of the Human Rights Act 1998. The fact that the Founding Fathers saw human rights as an issue almost 200 years ago made immigrants flock to the country and let their religions thrive as they were being persecuted in their homelands. The Constitution also impresses me by the fact that it looked after the minority rights of its citizens and through the separation of powers and checks and balances, made sure that minorities in the country were not being oppressed and could air their grievances in a number of departments and not just one. Therefore the Constitution prevents tyranny within the system by creating a strong national government which could overrule state governments which fell under single interests, such as the case of Brown v. Board of Education where the Supreme Court declared segregation illegal in public schools. The United States Constitution is the longest surviving constitution in the world, it has stood the test of time and has adapted to changes around it, as long as the majority see it as necessary to change it. It has been seen as a fair constitution which does not single out one group of people, but accepts them all and gives people certain inalienable rights. The Constitution could be seen as a good precedent for other countries to follow but, however, this not seems to be the case. As Paul Johnson states certain countries seem to have completely ignored the American example with disastrous consequences, such as in the Soviet Union, Yugoslavia, and the Central African Federation. Maybe if they had followed US constitutional ideals, which although not perfect, they would have been more successful as societies.

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Federalism in History

August 7, 2020 by Essay Writer

Sometime recently coming into impact the US structure required approval by nine states. It’s was also long complex battle some time recently sudden US confirmation. The states act inquisitive about holding their control and thus they emphatically stood up to the confirmation of a unused solid central government.

Those favoring the confirmation came to be known as federalists whereas those contradicting it came to be known as anti-federalists. there existed endless and complex differences between the federalist and the hostile to- federalists. The federalist sees may be way better be named as patriot. they had remained instrumental within the forming of the unused us structure. a arrangement of papers that were composed by alexander hamilton james madison and john jay clarified and guarded the structure as well as guarded its arrangements.

The federalists indeed guarded what was the weakest point within the structure a need of charge of rights.nTheir essays recommended that the securities were adequate which the congress might continuously propose corrections. on the other hand were the anti-federalists like patrick henry who recommended that such a structure might lead to a perilously effective national government. within the to begin with section of federalist number 10 james madison composed among the various focal points guaranteed by a well-constructed union none merits to be more precisely created than its propensity to hinder and administration the savagery of group.

The companion of well-liked governments ne’er finds himself most anxious for his or her character and destiny as when he mulls over their affinity to this unsafe bad habit. Madison 1787 James Madison had been attempting to protect the shortcomings of the structure and clarify its qualities which were not qualities within the locate of the anti-federalists. in the long run the federalists were able to influence a few of the anti-federalists as well through their papers and papers. among all the anti-federalist papers brutus 15 could be a exceptionally vital one. It is an antifederalist paper that hits on the shortcoming of the us structure and the developing control of the government. Within the opening passage the creator clarifies i said in my final number that the supreme court beneath this structure would be lifted up over all other control within the government and subject to no control.

The trade of this paper are planning to be as an occasion this and to authenticate the threat that will result from it structure society 1788 usually what the author does all through the paper clarifying the ills of the us structure and the modern government to be shaped beneath it. Whereas the antifederalists kept on contradict the modern structure in their papers the issue was that they may never join together over the states and so seem not as far as anyone knows bargain a solid blow to their target the modern structure. Their to begin with major victory was that they seem constrain the modern congress under the unused structure to set up a charge of rights that seem guarantee the freedoms which concurring to the antifederalist the modern structure violated. the antifederalists passionately contradicted the structure as well as proceeded to talk against it through the antifederalist papers. Be that as it may since they were not joined together they might not significantly apply their control.

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The Origins Of The First Amendment

August 7, 2020 by Essay Writer

At the constitutional convention that took place in Philadelphia in 1787 James Madison and many other delegates met with the intention of rethinking the Articles of the confederation. The first well-known amendment of the constitution, the first amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”. United States citizens have the right to practice whatever religion we want to follow. It is the establishment clause and free exercise clause that enables “separation of church and state” preventing a government-funded Church of the United States from being created and exploited. The government cannot require a specific religion for all its citizens. The government of the united states cannot subject its citizens to rules or laws that forbid them from speaking our minds. The press can print and distribute news without fear of being punished, even if that news is not good regarding the country or the government. During the 18th century, American political activists such as Thomas Paine were subject to persecution for publishing unpopular opinions. The freedom of press clause makes it clear that the First Amendment is meant to protect not only freedom to speak but also freedom to publish and distribute speech. U.S. citizens have the right to gather toward common goals and interests without interference from the government or the authorities. U.S. Citizens can petition the government to suggest changes and voice concerns. In 1789, James Madison nicknamed “the father of the Constitution” originally wrote out nineteen amendments. Ultimately they became the ten amendments that make up the Bill of Rights. Madison believed our individual rights were protected by the constitution but later recognized the importance of the amendments and the bill of rights politically. Madison was unquestionably the one who wrote the First Amendment in this regard. Although, this does not mean he was the one who came up with the concept. Madison stood by the Constitution, believing that the Bill of Rights was somewhat unnecessary. He did not believe that the federal government would ever become powerful enough that it would need the bill of rights. There are many factors that complicate his status as the author. Thomas Jefferson really was the person who convinced Madison to change his mind and proposed the Bill of Rights. Jefferson was inspired by the work of European philosophers such as Cesare Beccaria and also John Locke who believed we all had a right to freedom, liberty and we are equal and independent. The freedoms that are described in the First Amendment, religious free exercise, separation of church and state, and the freedoms of speech, assembly, press, and petition did seem to concern Jefferson. The ideas in the First Amendment were motivated in part by similar free speech protections written into other various state constitutions. If there is anything remarkable about James Madison’s role in the creation of the amendment it was that he was able to stand up and demand these protections be permanently written into the U.S. Constitution Madison did write the First Amendment. Madison had a reputation as a nationalist and some called him a political genius for his contributions to the constitutions and it’s amendments. Because many states were calling for more constitutional protection, this model for a constitutional amendment protecting free expression and freedom of principals was not really all that original.

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The Electoral Colleger’s Structure

August 7, 2020 by Essay Writer

The Electoral College is a medium established by the founding fathers between the United States Congress and the people in order to agree on a new president. It replaced direct ballots in order to prevent a tyrant. The process involves five hundred thirty eight electors, which consist of two senators for each state and one person for each member in the House of Representatives.

Together, these people decide the next American president by majority vote.
This essay will examine the Electoral Colleger’s structure as well as itr’s rationale and impact on the government and its citizens throughout the development of the nation.

The foundations of the Electoral College lie within the idea of preventing tyranny– a concept that America has strived to keep out of the government, as seen through its history with Britain. Another concern of the founding fathers is that the citizens wouldnt be involved or informed enough to make the appropriate decision. Although only qualified citizens are allowed to vote, the average American does not have the same experience as a senator or representative of the House would have. For these reasons, the Founding Fathers made the executive decision to give the States the authority to appoint educated and experienced electors to vote on behalf of citizens that share their views. The concept of an Electoral College was opposed by an anonymous source in Federalist Paper No. 72, and was famously argued for by Alexander Hamilton in the Federalist Paper No. 68.

The founding fathers were afraid, not only of tyranny, but of the extremes of democracy. James Madison was worried about what he coined factions, which are populations of people with common interests which might potentially harm others, or even the nation. As a solution, Madison proposed a republic and integrated representation within the government. The function of the Electoral College is to preserve the essence of the American citizens, while ensuring that a president is chosen by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. (Miller) Although this was the original intention in creating the Electoral College, today, this process is a formality at most due to the loyalties of most electors and those bound to vote according to the popular vote, decided by the people. President Trump, a modern day figure, says that the Electoral College is different and that he prefers the popular vote because itr’s much easier to win the popular vote.

Purpose

A concern in utilizing the process of the Electoral College is the fear of losing the essence of the popular vote. This has happened four times throughout American history, and most recently in the Election of 2000 when Al Gore lost despite having 48.4% of the popular vote, opposed to 47.9% for George W. Bush. Statistics show that this was about a 500,00 vote margin. There was also a struggle over the count in Florida that reached the Supreme Court. Ultimately, Bush was declared the winner with 271 votes through the Electoral College– one more than the minimum to declare a majority vote.

The Electoral College process begins with the people, who vote for presidential electors by popular vote. These electors are then sent by each state to the United States capital to directly vote for the presidential candidates themselves on the first Monday after the second Wednesday of December. In general, the winner of the each stater’s popular vote receives all of the votes in the Electoral College and each state is assigned two Senate seats in addition to its reserved seats in the House of Representatives.

Due to the popularity and distribution of support required to become elected as president, the Electoral College does contribute to the unity of the country.Some believe that this distribution should carry more weight than just the popular vote due to saturation in any one state or area. The process also enhances the interests of minorities and special interest groups in the government since it allows them to make an impact on decisions being made. Minorities have more potential to impact they state they reside in, in comparison with the entire country. This in turn protects these groups and creates a leverage effect, forcing the presidency to give more consideration to these populations due to their impact. Aside from that, the Electoral College supports the political stability of the United States through its preservation of a two-part system, and thus defending a federal system of government and representation for the people.

Despite the advantages, the fault in the Electoral College arose from its foundation, which demonstrated a distrust in the people, and is therefore essentially against the democracy. Because of this lack of trust, even qualified American citizens are kept from having a direct say in their nationr’s leader, and will potentially lead to a president that the majority doesnt support. Aside from this issue, presidential candidates have always been encouraged to concentrate their campaigns and keep their time and resources saturated in a handful of battleground states. Generally, all of these states are more heavily populated states where neither party has an overwhelming advantage. This means that some mega-states, such as California, Texas, and New York, are largely neglected due to their predetermined support for a certain party. States such as Florida, Pennsylvania, and Ohio are typically more exposed to running candidates and their surrogates compared to the rest of the country combined. Due to political insight, smaller states that have electoral votes in the single digits are often left off campaign itineraries altogether, despite the fact that each citizenr’s vote is supposed to have the same worth. Some candidates feel as if these states barely have any impact and are a waste of time and resources.

The Presidential Election of 1860 is a good representation of the difference between the Electoral College and the popular vote. During this election, John C. Breckinridge was the candidate representing the Southern Democratic party and Stephen A. Douglas was the Democratic representative. With votes concerning just these two, the popular vote favored Douglas with 1,380,202 votes against Breckinridge, who only had 847,953. Despite public opinion, Breckinridge ultimately had the upper hand because of his domination through the Electoral College. Breckinridge received 72 electoral votes, which trumps over the 12 electoral votes Douglas received. Aside from that, Abraham Lincoln was able to win against both of them, due to the controversy and split opinions on the topic of slavery. The Electoral College was split into those that supported slavery and those that didnt and Lincoln ultimately acquired more votes than both of the Democratic candidates.

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The Strengths Of The Bill Of Rights

August 7, 2020 by Essay Writer

The Bill of Rights put a lot of limitation to the government, making us the people have fair rights. In every colony in the United States had its own Bill of Rights. As a country, it was time for the United States to come up with their own Bill of Rights. In December 15, 1791 the Bill of Rights was ratified by the congress and added to our Constitution.

 

The Bill of Rights is the first 10 Amendments to our Constitution. The Bill of Rights also forms out the rights in detail to our government and it also assures that our civil rights and liberties to us as a citizen. The first amendment will include the freedom of speech, religion, press, assembly and petition. It also included the Rights to due process of law, freedom from self-incrimination and double jeopardy which is our fifth amendment. Going on to our second amendment which is the right to keep and bear arms, the third amendment is that soldier can’t be staying in your home without consent. The fourth amendment is having freedom from unreasonable searches and seizures. So you can’t be searched without a warrant anymore. Our sixth amendment is that we as people have the right to a speedy and public trial. The seventh amendment is the trial by jury on certain cases but it they to be non-criminal cases. The eighth amendment’s include the prohibits on excessive fines. Also according to the lecture the Ninth amendment was just added to be there. Our last amendment includes that any power that constitution doesn’t give to government it belongs to the states and the people. (Bill of Rights of the United States of America (1791)

 

The author of the Bill of Rights was James Madison. The audience that Madison was trying to target for the Bill of Rights was the people of the United States. The purpose of the Bill of Rights was to protect the people from excess government power and it was trying to protect the rights of a united states citizen. James Madison had showed 12 amendments to congress and proposed the Bill of Rights to the constitution. In September 25, 1789 the 12 amendments were sent to congress to get passed and then they were sent to the state. The Bill of Rights was written most importantly because of one person named George Mason, George Mason was one the major figures that lead this the Bill of Rights to happen.

 

Mason was in the Constitutional Convention when he ended up leaving upset because the Constitution didn’t include any declaration about the basic human rights. After marching out of the convention Mason ended up working with James Madison who also agreed with him. They ended up working together so they could protect the citizens from the government. With James Madison writing and coming up everything, he ended up creating the first 12 amendments.  The Bill of Rights did end up achieving its purpose. They wanted to secure human rights in the constitution and put limitation to the government and they ended up doing that. They achieved their purpose by successfully passing amendments 3 through 12. With successfully passing these amendments, this ended up becoming what we call to this day our Bill of Rights.

 

The history significance that the Bill of Rights has is that it includes one of the most important amendments which is the First Amendment. The first amendment protects our basic liberties which is freedom of religion, speech, press, assembly and the freedom to petition the government rights wrong. The Bill of Rights is also significant because it includes the most important rights that were missed in the original constitution. Having the rights that were missed helps us as a country become better and head to a better future.

 

In conclusion the strengths in the Bill of Rights were that it gave us our liberty and rights also it guaranteed protection from the government. But some of the weaknesses that the Bill of Right had was that it only focused on men. You would think that Slaves, women, and Native Americans would also be counted as people. But apparently in the Bill of Rights, the liberties and rights were only for men.

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