The Constitution guarded against tyranny due to the principles of government and the Great Compromise. This argument will be proven by Federalism, Separation of Powers, Checks and Balances, and the NJ and VA plans. Federalism guarded against tyranny by making sure the state and central governments can check each other to ensure neither government has total control. In Federalist Papers #51, Madison states, “the different government will each control each other, that at the same time that each will be controlled by itself.” Our government, being split into three branches, controls each other and makes sure that one branch won’t be able to gain more power. That keeps one from taking over the entire government and causing issues.
At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers. The states can contest the federal government rules and regulations in the federal judiciary branch. The states have contested federal laws, incidence of them blocking federal authorities from enforcing federal laws and cases involving individuals who break federal laws, but not state law (Levy, 2013). The ability of states to challenge federal laws that they feel are unconstitutional is part of our system of democracy. These challenges have led to parts of a law or the full law to be unconstitutional and overturned by the
George Mason from Virginia, Edmund Randolph also from Virginia, and Elbridge Gerry from Massachusetts refused to sign the Constitution in 1787. Just George Mason by himself listed 16 oppositions to the document on the back of a copy. Some objections were the lack of a bill of rights and the absence of not immediately abolishing the slave trade. 2. The founding father I picked was William Samuel Johnson born on October 7, 1727 in Stratford, CT and passed away November 14, 1819.
Due process is the fair treatment for all humans using the normal judicial system especially through entitlement by a citizen. The conflict between the parties is weakening the power of our national government because without Congress working together to create laws they are opposing each other. Even though this opposition may weaken us it is one of Congress 's’ implied powers. An implied power is a power that is practically given to the federal government, also known as an elastic clause. Congress’ arguments on gun control is wasting time, while they are arguing over something that may not ever be changed rather that passing new reasonable laws that can strengthen our country.
Another key contrast for the president from a monarch was in the fact that the president was first not only “elected by fellow citizens, [but also] subject to potential impeachment” (Amar, p. 145). Through its Constitution America broke all traditions for previous important heads of government such as shown in “British law [which] had no regularized legal [way] for ousting a bad king” (Amar, p. 199). Amar goes on to implicitly state that “the monarch himself was immune from impeachment” (Amar, p. 199). The goal for America was to differ from the way that Europe passed power through heredity without the need for or basis of merit. One way Article II of the Constitution specifically aimed to prohibit the immediate passing from father to son was through an age requirement set at thirty-five, which also gave those voting for a candidate time to judge his worthiness.
Vetoes, a formal tool, are used by the President to stop any legislation they don’t want passed. It is true that Congress can overturn a veto but it is extremely difficult as you need more than a simple majority. It’s so difficult for Congress to overturn a veto that even just a threat of a veto from the President usually kills a bill. Vetoes are less likely to occur when there is a unified government, and more likely to occur when the government is divided. So the veto allows the President to allow more bills to become laws when their party has a majority in the legislative branch.
The Constitution uses division of powers in order to prevent tyranny from occurring. James Madison, a man who was very dedicated towards our Constitution, decided upon dividing the government into two different sections, state and central, this idea is known as federalism. Powers needed to run a country are granted to the central governments, a few of those powers are printing and coin money, declare war, and regulate trade, and powers given to the state governments are the ability to hold elections, establish schools, and set up local governments. ( Document A ). The idea of federalism is important because it has a major effect on the prevention tyranny.
Checks and balances make sure that none of the three branches of government; the legislative branch, the executive branch, and the judicial branch, gain too much power or too little power compared to the other branches. In the document, Madison says “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” By this, he means that before the government can Madison mentions how he believes we need to keep the branches of government from getting too much power because it can put the peoples’ rights and liberties in jeopardy. To keep it this way, he thinks the government systems should be somewhat independent. Madison wants citizens to be able to have a say in what is going on in the country and not be taken over by a government that is too strong. In conclusion, I think the Federalist papers are very important documents to the history of our country.
This made passing amendments extremely difficult. After Shayʻs Rebellion leading politicians recognized the need for change and began appealing to the public for reform. (Keene, 2012) In 1785, a few delegates met to to discuss issues America was facing under the Articles of Confederation and by 1787, 55 delegates from twelve states met. They decided to hold a convention to create a new form of government which they called The Federal Constitution. (Keene,
The Articles of Confederation were put into effect to form some semblance of a central government, to keep peace between the states and to keep individual states from conducting foreign diplomacy on their own. Unfortunately the articles were flawed and gave the existing government little to no power. Federalism was the number one weakness of the Articles of Confederation. Without a separation of powers this type of government was bound to fail. Levying taxes was a much needed change to the Articles of Confederation.
There was so much going back and forth! He was then known as the “hero,” some would say, for the separation of church and state, and getting the revised version of a document penned by Jefferson in 1777. Madison typically love to challenge himself, so he took on a government composition- the U.S. Constitution. Madison proceeded to compose the first drafts of the U.S. Constition along with the bill of rights. Many referred to him as “Father of the Constitution.” In the spring of 1787, each state sent their delegates to meet at a convention in Philadelphia to present their ideas for an effective government system.
He argued, to paraphrase Eric Foner that the exercise of some of those liberties is threatening to dismantle the whole structure of government. For Lincoln violation of some civil liberties was in retrospect worth it order to preserve the government. What in my opinion need to be stressed when it comes to Lincoln suspension act is that he really believed that benefits of it outweigh the costs. He also argued, in front of a special session of Congress, that the country was in rebellion and circumstance called for such drastic measures .It was after all the public safety that was in danger. The issue of the controversy over the suspension of Habeas Corpus steam form the fact that the American Constitution is not specific enough to determine who gets to suspend the writ Congress or the President.
The Supreme Court can and will take down any state rulings that interfere in foreign affairs. If an unavoidable clash happens between state and federal law, then the state law is said to be obstructed by federal law. That Congress has not preempted the states from acting in this realm does not, however, mean that the Constitution itself is also silent. In a handful of cases the Supreme Court has held that there exists a “dormant foreign affairs power” that resides exclusively within the federal government — even though Congress has said nothing. Pursuant to this doctrine, the Court has struck down state statutes that intrude into that sphere of foreign affairs which the Constitution entrusts solely to the president and the Congress.
The president is strength in making foreign policy and negotiating with other countries leaders while Congress carries out its function as supervise president authority to avoid the president abuse his power. Furthermore, Congress also keeps track of budgets of nation and foreign to guarantee that these funds are use reasonably. On the other hand, the president has power to make war which can bring a lot suffering to victim, so Congress shares its power to declare war as limiting the president authority in war- making. Therefore, the president and Congress power should be balanced between them, and they need to use their power appropriately; “The most outstanding feature of the American system is the separation of power” (Welch 359). It is dangerous if one leader has one’s power alone, so they might abuse power and make wrong decision which might bring negative effects.