The founders of this country wanted to be sure that this tyranny was not present in the laws and functions of this new nation. Even though there is no “federalism” named in the US Constitution; federalism was the government system that created this nation. It was the creation of a federal government overseeing politically independent states that has made the government of the United States so unique. Federalism is “the division of powers and responsibilities between the national and state governments” (Fallon Jr, p. 961) The Constitution of the United States includes many provisions with the powers and responsibilities of the federal and the state governments. These provisions underlaying the division of responsibilities between the national and state government.
They were scared of tyranny, especially pertaining to the fact that under the new Constitution, the national government, or Congress, would be able to make decisions without even asking for the states’ permission. (Anti-Federalist 1: Brutus). Even though the Constitution called for checks and balances, Anti-Federalist Patrick Henry, was convinced that the president would be the one making all the decisions, not unlike a king. (Bianco and Canon, 44). The national supremacy clause in the Constitution even stated that national law supersedes any state law when there is conflict.
Henry David Thoreau’s “Civil Disobedience” published in the year 1866, made an impact on the views of many Americans and has carried out in the present day. Civil disobedience is the act of demonstrating non-violent protests. “All men recognize the right of revolution; that is, the right to refuse allegiance to, and to resist, the government, when its tyranny or its inefficiency are great and unendurable” (Thoreau). One of the main messages that Thoreau portrays from his essay, is that the citizens of a government have the right to act if they believe that the government is not governing properly. As Thoreau believes “That government is bets which governs not at all” (Thoreau).
The Articles of Confederation created a confederation in the United States. A confederation is a government in which the state government, not national, has dominant power. The leaders of the new nation feared that a strong, centralized government would lead to tyrannical monarchy like the British government. So the Founding Fathers established a confederation where there was no president nor Supreme court, and a Congress with limited power. But the existence of a weak congress led to an ineffective national government.
The governing document during this time, the Articles of Confederation, had multiple weaknesses including that there was no tax authority, no chief executive, and no judicial system. The Constitutional Convention of 1787 ultimately allowed for a functional, united governing system. The Federalists argument was more valid than the Anti-Federalist 's argument because they argued for an adequate government to preserve the union, a strong and energetic government, political prosperity, and the protection of life and liberty. In order to understand why the Federalist 's argument is stronger, we must examine the Anti-Federalist 's perspective. An Anti-Federalist is someone who opposed the ratification of the United States Constitution.
This means, the states are free to govern themselves and all powers not given to Congress by the Articles of Confederation belong to the States. Article II quickly caused problems for the Congress because it had little authority over the sovereign states in terms of enforcing laws. Another weakness was, Congress didn’t have the power to tax. For example, Congress could send an invoice saying that a state needs to pay taxes, but the state could essentially just rip up the invoice and refuse to pay because Congress didn’t have the power to collect
The document of Madison’s federalist 39 was created about the same time as the American people won the revolutionary war (pollack 2013). Madison did not believe that a Bill of Rights was necessary, he wrote one to calm the fears of the people that believed the federal government was too powerful (Krutz 2016).” Madison’s Federalist number 39 was about the government getting all their powers from the people and run by people as well. These people who serve are also appointed by the people as well. what Madison is talking about with this form is from my understanding is that the people should be the ones with the power, so they don’t go back to how it was before winning the revolutionary war. I would have to say that I agree with Madison’s
The proposed Constitution which we debate today begins with three simple words: We the People. This phrase is often overlooked, yet its true Democratic ethos is what the American people should strive for, what we have strived for since breaking free of the tyrannical chains of the British monarchy. We work for, above all, a government that derives its power, its very basis of authority, from the citizens it presides over. The Constitution we now propose does that and more. The current government has no funds, no leading voice, and no courts.
Even through delegations to the Constitutional Convention of 1787 managed to booby-trap the Constitution to protect them. Article V states that the American people cannot amend the Constitution to get rid of equal suffrage for the states: "No State, without its Consent, shall be deprived of its equal suffrage in the Senate." And Article IV, Section 3, provides that no state can "be formed by the Junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress." Not one, but two poison pill
Allowing each state to maintain a degree of sovereignty over its own structure of government. Apportioning states to adopt, preside new rules under their own Constitution is a frustrating, tiresome and a waste of taxpayer 's money. Not to discredit the ancestors, attributes and reasons for establishing state Constitutions, but moving to present day there is now a process called the Constitutional Amendments. Nevertheless, in a legal sense, all state constitutions are inferior to the United States Constitution and the final say on this controversial issue; ultimately, it will fall to the federal government.
The document did not establish a fair government. The Articles of Confederation was the first standard government created in the United States, yet unsuccessful. The Articles failure made it clear that a new government was needed to secure the nation. The
This document was directed towards the Federalist by the antifederalist to explain a possible problem of the checks and balances system, after the drafting of the constitution and awaiting approval. The Anti Federalists didn’t want what we have now,they didn’t want the federal government to have and influence over citizens’ lives, they didn’t want the govt to in any way resemble a monarchy because they had just escaped from the corrupt monarchy. They believed that if the power in the country occupied in the people of the various states, then their vision would have a chance of success. Likewise, the Anti Federalist thought there was no bill of rights, so they disliked the constitution. Every constitution should have one for the people, and the government shouldn’t refuse to give on, as shown on Document E. The Letter to James Madison, Objections to the Constitution was written by Thomas Jefferson to explain what he disliked about the constitution to one of the writings, after the constitution was drafted and were awaiting ratification.