Sunday, October 5, 2014

Synthesized Essay (Ch.2 Patterson+Ch.2&3 Barrons)

The Constitution Synthesis
The Articles of Confederation were nothing more than a failure. Had the nation continued to use it for reference, the United States would have dissolved and formed separate smaller confederacies. The weakly set up national government prevented it from imposing taxes and forced it to rely on state donations, leading to a desperation for funds. The national government had an army and navy, but couldn't draft soldiers. In the end, Congress had to dismiss its army in order to save money. After the framers of the Constitution cast it away to adopt the much better and revised Constitution, there were still many questions on how exactly the government should operate. Obviously, the Articles had given the states too much power and weakened the federal government to the point where it could do almost nothing. However, many people feared a strong national government since would mean having a situation that was almost a duplicate to the reign of Europe over the colonies. The public did not want their rights abused, as it would result in a second war that for the same reasons. In this case, the goal of the framers was to find a government with a balance in the middle.


In order to officially break away from Great Britain, the Declaration of Independence was written in order to formally establish the separation. The Declaration paraphrased many main components of John Locke's definition and description of natural rights. For example, the words “Life, liberty, and pursuit of happiness” were another way of saying, “Unalienable rights.” If the government were to fail to protect the rights of the citizens, the people had every right to overthrow the government. In addition, the Declaration listed the various reasons for the separation, including taxation without representation, unjust trials, and quartering of soldiers.

Once America was officially its own nation, there was the question on how the nation's government should be set up. The framers of the Constitution held an idea that the new government should be a mix between limited government, where limits are placed on power so people's natural rights aren't threatened, and self-government, where people are the ultimate source of governing authority. Since the having a nation completely ruled through separate state governments did not work out, the framers aimed for a reduction in state power and increasing national government power that wasn't too dominating. This was done with various checks and balances on power.

For example, when deciding on the structure and representation of Congress, the Virginia Plan proposal and New Jersey Plan proposal clashed. Since the Virginia Plan stated that Congress representation should be proportional to state population size, the bigger states, such as Virginia, would have more representatives and a domination in Congress. The New Jersey Plan proposed the idea to given each state equal representation in order to balance out power and makes things fair. However, this plan wasn't well met by the larger states. In the end, Great Compromise fixed this conflict by creating a two house Congress, one having representation based on population (HOR) and the other giving each state two votes (Senate), in which each house would keep each other in check.
In order to fully establish the idea of a limited government, several factors are necessary. The most basic and blatantly obvious option would be the use of grants of power. The national government's power is limited to control over taxes, borrowing money, declaring war, creating an army/navy, etc. Any power not granted to the government by the Constitution is denied the branches of government also had to be put into check as well. The powers of the government are split into three branches that share various powers in order to prevent one branch from dominating: the executive, legislative, and judiciary.


The legislative branch is composed of Congress, House of Representatives and Senate, and has the main powers to make laws, collect taxes, regulate coin money and commerce, establish post offices, declare war, raise an army and navy, define and punish piracy, establish federal courts, and establish a national guard. At the same time, the legislative branch's power are limited since it needs a majority vote in order to for a legislation to be passed (HOR and Senate can cancel each other out). In addition, executive branch has right the to veto acts of Congress, recommend legislation, and call special sessions of Congress and the judiciary's right to interpret disputed acts of Congress and use judicial review.

The executive branch is composed of mainly the president and the Cabinet and has the main powers to sign or a veto legislation, act as the commander in chief of armed forces, grant pardons, call special sessions of Congress, and appoint ambassadors and justices. However the executive branch is still very limited in its power since most of its actions, such as treaties and appointments require the approval and funding from Congress. In addition, Congress can impeach and remove the president from offices if he/she commits an crime and the judicial branch can declare the president's actions to be unlawful.

The judicial branch's major power lies in the “judicial power that extends to all cases, in law and equality, arising under this Constitution, the law of the United States, and the treaties made...”, or judicial review. Over the time the importance and strength of of judicial review has grown since it has the ability to determine whether if actions go with or against the Constitution. For example, in the case of Marbury v Madison, William Marbury did not receive his judicial commission after the end of John Adam's presidential term since president Jefferson had told Madison not to give it to him. When Marbury took the case to court, Marshall stated that Marbury had every right to a commission, but the Supreme Court could not give him the mandamus (court order allowing the act) since it did not the constitutional authority to do so. To fix this, Congress tried to create a law that gave the Court such power; however, Marshall stated that the Constitution only allows Congress to expand Supreme Court authority through a constitutional amendment and deemed such an action as unconstitutional. Marshall used power of judicial review to support Marbury's right and show Jefferson had failed in his constitutional duty to execute laws faithfully.

However, even as the Constitution began to gradually progress and address the various worries of the people, there were still many citizens who opposed the ratification of the Constitution. These type of people were called Anti-Federalists. Since the Anti-Federalists were made up of mostly the common class farmers, they were afraid that their rights as the people would be forgotten and ignored by the government over time. Their counterparts, the Federalists, or Constitution supporters, stated that the Constitution did the exact opposite and ensured the protection of the minority by balancing governmental power among sections. Despite knowing this, the Anti-Federalists insisted on ratifying the Constitution only until it has an official Bill of Rights that listed the actual natural rights of the people.

The Bill of Rights are the current first ten amendments of the Constitution. Originally, the delegates found including a Bill of Rights to be unnecessary since the Constitution already stated that the government could not engage in activity not authorized by Congress, meaning that they couldn't establish any acts/laws that would hurt the state's rights in any way. However, after much urging and demand from the people to include the Bill of Rights anyway for protection, the delegates eventually added it in. The Bill of Rights include certain inalienable rights such as the right a jury trial, religion, civil liberties, and speech.

Even after the Constitution was ratified, there were still complaints and demands for alterations. These changes are known as the Amendments. Many people were questioning the power of the majority and wanted more power reserved for the people. For example, the 14th amendment limits the state governments' power by prohibiting them from making laws that deny the equal protection for its citizens. The 17th amendment altered election of public officials by allowing people to directly elect senators instead of having the state legislatures choose. The 22nd amendment limited the power of the president by limiting the number of terms a president can serve. Since president was chosen by electors rather than the actual people, President Andrew Jackson urged states to award their electoral votes to the candidate that wins the popular vote in order to have a vote that accurately represented the opinions of the public. Normally, the popular vote determines the winner in most elections. In addition, during the Progressive period, the ideas of initiative and referendum (allows people to vote directly on legislative issues) and recall election (allows people to petition officeholder to reelection before the end of his or her term) were also established.

When the Constitution was first ratified in 1787, the nation was based on a constitutional democratic republic. Constitutional meant that power was used in accordance with law and respected individual rights, democratic stood for majority rule, and republic represented institutions that moderated the powers of others. Today; however, the United States is based more on a model of self government since the U.S holds executive and legislative elections more than any other democracy and
relies on primary elections rather than party organizations for the selection of party nominees. Popular majorities must work through barriers to power such as divided branches and staggered terms of office, as opposed to European democracies, where legislative and executive power is not divided, but checked by judiciary. Over the years, the nation has gradually changed its ideals and goals. Although America is still slowly determining what is the best for its people and learning from its mistakes, the Constitution still keeps the nation running with the government it set up over two hundred years ago.


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