Liberty: The Preservation Then and Now I. Preface “If men were angels, no government would be necessary” (Madison, 1). Madison uses this example to express that men need a strong government. The previous governing document of The United States, The Articles of Confederation, emphasized the freedom from national authority but ultimately failed. People, mostly the Antifederalists, were scared for a document that put such a great amount of power back into a national government; the last thing they wanted was a tyranny.
The national government protects the whole nation and holds the nation together, regulating things that states cannot regulate. But on the other hand, the national government does not do everything that needs to be done, states can still do many things, do them differently from other states, and the national government cannot interfere. Federalism was put into the constitution because the Articles allowed the Continental Congress the power to sign treaties and declare war, but failed to
The Articles of Confederation made up America’s first constitution. This constitution was hastily and poorly made and solved the problem of a lack of government in America. The Articles were designed to limit the government’s power over the citizens. The Articles of Confederation also did not include anything about an individual or a president to guide the country. This was because of the colonists’ past experience with Britain’s king and him having too much power over the people.
In Imperial Presidency, imperial presidency is defined as constitutional power is upset in favor of presidential power and at the expense of presidential accountability, the presidency can be said to become imperial (Schelesinger 1). Imperial presidency is completely tyrannical and makes this country an authortian state. It goes against what our constiutition intended us to be. There is no longer a checks in power; let alone a democracy. I don’t agree with one sole person having power over this country but I also do not agree with congress making the decisions in a time of crisis.
Madison wrote in Federalist No. 10 that democracies “have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.” This belief led the Constitutional Convention to drastically limit popular participation in government action. Even the president is not voted in by popular vote, and is rather selected by electorates, who were themselves originally selected by state legislatures. So essentially, the public would vote for the legislator, who would vote for the electorate, who would finally vote for the president. The justices of the Supreme Court, the highest court in the land, are selected by the president and confirmed by congress rather than voted on.
“But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified.” (Madison, Fed.
I am still very undecided as to which side I agree with the most. Pacificus is convincing because clearly the American government is in not such position to go back to war again, we just finished our own revolution and our government isn’t completely stable yet. For America to re enter war would be very foolish. Either way, we wouldn’t be much help anyway; our nation is still very small at this time. But, with Helvidius, clearly George Washington was not acting like a president in this instance, but more so a king.
Madison is probably the most famous case of modern constitutionalism. All manuals of constitutional law of the United States begins with its exhibition to explain the meaning of the Constitution of this country. However, the interest of the case goes more beyond of the American constitutionalism and settles in the discussion about the place that people must give to the Constitution within the system legal. Moreover, the case Marbury does not refer, as it might seem to a matter of fundamental rights, but rather to one of the possible ways to ensure and enforce the Constitution. In other words, Marbury is a matter of general theory of the Constitution (constitutional supremacy) and theory of Constitutional Procedural Law (the role of judges under the unconstitutional
The documents they drafted were contracts that defined the powers of government, as did the old colonial charters, but they drew their authority from the people, not from the royal seal of a distant king. As written documents the state constitutions were intended to represent a fundamental law, superior to the transient whims of ordinary legislation. Most of these documents included bills of rights, specifically guaranteeing long-prized liberties against later legislative encroachment. Most of them required the annual election of legislators, who were thus forced to stay in touch with the mood of the people. All of them deliberately created weak executive and judicial branches, at least by present-day standards.
This ultimately came down to the two vastly different political parties at the time: the Federalists and the Democratic-Republicans, or Republicans. The Federalists and the Democratic-Republicans There were two groups during this time. “One group, led by Secretary There was a vast difference between the two political groups; they had very different beliefs. The term “Federalist” was first used when the United States Constitution was being formed, because they supported the Constitution and wanted a strong central government. As time progressed, they became one of the two first political parties of the nation.