Madison began discussing the most famous Federalist papers by saying that one of the most grounded contentions for the Constitution is the way that it sets up an administration well-appointed for controlling the violence and harm created by factions. Madison characterizes groups as gatherings of individuals who assemble to secure and advance their exceptional monetary hobbies and political feelings. According to the text, Madison has only two ways to control a faction. The first was to remove its reasons and the second way was to control its outcomes.
The majority of this occurs in the United States from just after the War of 1812 up until the end of Jackson’s presidency in 1837. Most of this time is about how the U.S. had a lot of nationalism and let the government do many unconstitutional things. The United States was feeling great after winning the War of 1812. Therefore they let the government make and do the majority of the stuff that they would like. They created things such as the Second Bank and made taxes that were unconstitutional.
While some Americans thought the Articles of Confederation was good since it waged in a successful war for independence, many Americans concluded that under the Articles of Confederation, there were many issues formed such as providing limited central government, developing many economic problems, and foreign powers. “The framers of the Articles of Confederation kept in mind their complaint against Britain. Parliament had passed laws the colonists considered unfair. The new states did not want to risk giving too much power to a central government far from the people”(Pearson, 206). This shows how the Articles provided a limited central government that lead many Americans to disagree with the Articles of Confederation.
The reason Congress is given this ability is because Congress has assumed the position in order to better do its job. In many cases the Supreme Court has had to decide whether the interference of Congressional actions were constitutional, in the majority of these court cases the outcome has benefited the federal government. For instance, the case over McCulloch v. Maryland Chief Justice, John Marshall, interpreted the Necessary and Proper Clause, by conveying that the federal government (Congress) has the ability, under Necessary and Proper clause “to find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation are entrusted to its Government.”
The Articles of Confederation was one of the first official documents of the United States. From the beginning of the American Revolution, Congress felt the need for a stronger union and a government powerful enough to defeat Great Britain. During the early years of the war this desire became a belief that the new nation must have a constitutional order appropriate to its republican character. However, after a few short years the Articles were replaced by the Constitution and the Bill of Rights. The Articles were a stepping stone which led to the Constitution however the Articles contained more weaknesses than strengths which forced the colonists to get rid of them and create a new document.
The economy was failing mainly due to the articles of confederation, which is known to be the first constitution type for Independent America. All of the debts acquired came from the revolutionary war. The Articles of Confederation allowed the states be in control of trade and taxes so that each state was held accountable to pay off their own war debt with their own individual plans. This system turned out to be deleterious, mostly for veterans and farmers. By 1786, people started to rebel.
In the early history of United States government, the Federalist ideals were formed to give strength to the weak Federal government. President Jefferson the third president had different idea he wanted to limit the federal government powers. He also established the Jeffersonian Democracy which Schultz (2016) states it as presenting Jefferson ideal view of popular opinion through newspaper editorialist who centered the yeoman farmers at their political ideology which was the infrastructure of the Democratic-Republican views. President Jefferson as well wanted to develop a court system. Federalist at this time had the power and President Jefferson developed a Judicial Review this gave the court the power to declare an act of congress unconstitutional
When the writers came up with the rules for a new government they wanted democracy to be a part of it. A republic was wanted by the colonists after the King imposed taxes and limited the settlement for people in North America. The US Constitution and the Articles of Confederation let the people have a say on how they could govern themselves instead of a monarch. Both documents limited the power that the central government had on the states and its people.
The ratification of the 16th amendment allowed a federal income tax, the formation of the Electoral College gave the federal government a huge say in who the next president would be, and supremacy clauses made sure that the federal government had precedence over states. Moreover, the regulations placed during the progressive era showed how much the citizens were willing to give up their power to the government for some sense of security; shipping was regulated as well as food/agriculture and distribution of goods. The amalgamation of such small change slowly made federal power to what it is today and with the addition of the New Deal – the Republican Party got the strong federal government they wanted. Slowly the government’s goal of being a protector of individual rights and liberty disappeared and a new goal of maintaining economic well being came to. This new goal hasn’t changed since it’s inception in the 1920’s and is a primary concern today next to national security.
The Constitution is a counter-transformation on the grounds that the Constitutional Convention was a meeting to totally update the Articles of Confederation, and that record fundamentally illustrated the administration at that period in time. Since an insurgency is a move towards a changed government, that would make the Constitution an unrest, and it is countering the disappointments of the Articles of Confederation. It is additionally a counter-transformation since a few provisions were placed in it to counteract uprisings, for example, that of Daniel (Shays ' Rebellion). Counter-transformation, in that sense, implied the Constitution was attempting to anticipate future upheavals. The Constitutional Convention additionally settled a legislature
While with the Articles of Confederation, it was the states that held majority of the power and jurisdiction of the United States; these powers were being granted to the new National Government. The individual state governments would though maintain some of the authoritarian power that was granted in the Articles of Confederation. This was a major concern of our founding fathers, they did not want a national government that would become so powerful, that its’ citizenry would become its subjects such as that they revolted against, England. So of this fear was born the separation of powers between the different branches of the national government. Both houses of the legislature would have to agree on a cause for a law to be enacted, and once approved it would be sent to the newly created executive branch for that elected official to sign into law.
In many ways the Constitution was largely a Federalist victory where few but important compromises were made in favor of the Anti-Federalists. When the Articles of Confederation were originally drafted the framers intended to create a government that was the polar opposite of what they had experienced under the authoritarian centralized British rule. With freedom and civil liberties as their main concerns the Articles of Confederation gave ultimate power to the States, with the idea that the 13 states be united under a weak central government that could recommend policies, but without the authority to enforce these policies if the states refused (Shea, Green, Smith 51). “On paper, at least, this Congress had power to conduct foreign affairs,
“The accumulation of all powers..in the same hands, whether of one or many (is) the very definition of tyranny.” (James Madison, Federalist Paper #47, 1788) ( Background Essay) This quote explains the reasoning for one of the framers, (B) Separation of Powers. The framers of the constitution were created to prevent tyranny and create a stronger government that would hold the nation together. Tyranny ultimately means harsh, absolute power in the hands of one individual-- like a king or dictator. The constitution guarded against tyranny in 4 ways: (A)Federalism, (B)Separation of Powers, (C)Checks & Balances, and (D)Small State-Large State.
The Constitution was a document that was written by our Founding Fathers. It defines what our government is and what it does. It is the basic blueprint for all the laws in the country and it provides the three branches of the U.S government the power it needs to rule this nation effectively. But the Constitution wasn’t always how it is now, it used to be called the Articles of Confederation and it had many problems that are no longer present in our current Constitution.