(Document 8) George Washington stated that the people should have a say in the nation and government and everything should not be left to the government to decide. (Document 3) Although George Washington was a Federalist many believed he showed a point of view that seemed to be Anti-Federalists. Many believed that The Bill of Rights needed to be changed and modified and a new document’s time to come into place. As it was definitely difficult to do so, the Constitution was ratified in
However, framers found great difficulty in making the correct decision when it came to an election. The Judicial Branch would suffer because the average framer did not understand the qualifications of the Supreme Court Justices. Madison explains that in order to avoid a gradual concentration in power in any single branch, other branches in government must use constitutional protections in order to ensure that a build up of power does not ever occur in a single branch. There are certain situations that man will abuse power. Keeping men from abusing power is not inevitable because all men are not perfect.
Since the founding of America, the courts were designated as the final arbiters of justice, but were inefficient in its execution. The judicial branch should support the federal government, not weigh it down. Hence, replacing the court system with coin flips adequately resolves all of its current
Because of the tie, the House of Representatives would have to vote to decide who would win the presidency. Hamilton used his influence to persuade enough representatives to vote for Jefferson to make him the president. Burr was furious and never full forgave Hamilton for what he did. Hamilton and Jefferson didn’t get along very well, so it was surprised some that he chose to support him and not Burr, who he had worked alongside on various occasions. Another reason for Burr’s actions would be when he ran for governor of New York.
Although, there was one thing standing in the way, the Anti-Federalists. The Anti-Federalists were people who did not support the Constitution and were against ratifying it. The first states to ratify the Constitution was Delaware, than Pennsylvania, New Jersey, Georgia, and Connecticut followed. Massachusetts opposed the idea of the Constitution, but feared if they didn’t ratify they wouldn’t be in the union. Shortly after Maryland, South Carolina and New Hampshire followed.
Because nowhere in the constitution does it state that a President had the right to expand the boundaries of the nation (www.shmoop.com). This had quickly became an issue for Jefferson, who followed the constitution in its entirety. But Jefferson who wanted the Territory desperately went through with his plan even in the midst of a debate that it was unconstitutional from others. Jefferson disregarded his fellow politicians who disagreed with his choice and argued by stating “Laws of Necessity” which can be defined as everything that is necessary to preserve a nation is only illegal if it is not done to preserve the nation (www.123helpme.com). He also tried to amend the constitution and submit a draft that would make his actions legal and foolproof.
However, the North would not accept a document that favored the South, so Buchanan was greatly challenged. His policy was that slavery was for individual states and territories to deal with, not for the Federal government. He thought the problems could be resolved quickly and easily, which was a majorly incorrect assumption. Also during his presidency, political parties changed, the Democrats breaking up and the Republicans taking out the Whig
Federalists, those who were in favor of a strong federal government, were in debates with Anti-Federalists, those who opposed the ideas of the Constitution. They believed the Constitution weakened the states too much, had no Bill of Rights, and thought the President could easily become a king. Delaware was the first state to ratify, with Pennsylvania, New Jersey, Georgia, and Connecticut quickly following. Massachusetts ratified, but still had a strong opposition, and only a major campaign by Constitution supporters won the ratification of the state. Maryland and South Carolina had ratified, which made 8 state ratification.
Many notable Supreme Court cases have depended on the 14th Amendment and its clauses. One of the first was Plessy vs. Ferguson, where the Supreme Court said that segregation was Constitutional as long as the facilities were “separate but equal.” Another famous Supreme Court case involving this Amendment was Brown vs. Board of Education. In this case, the Supreme Court concluded that the separate facilities weren’t equal, which violated the 14th Amendment, so they reversed the ruling of Plessy vs. Ferguson. If it weren’t for the 14th Amendment, these cases wouldn’t have happened and the Civil Right Movement may have never occurred. The Equal Protection of the Law clause has led to many advances in racial equality.
Judicial review allows for the challenging of state actions in order to ensure that decisions made by the government follow laws. In Canada, laws must be brought to the supreme court to be challenged and the court may not arbitrarily open cases. The goal of judicial review is to assure citizens that power is not being abused at any level of government and that the rule of law is being followed. The Supreme Court of Canada falls under the judicial branch of the government, its role is to interpret the Canadian constitution and decide whether or not laws are constitutional. The judges must read between the lines of the Canadian constitution and seek the un-written rules in order to decide to if a law is constitutional or not.