...The creation of the U. S. Constitution was not as easily done as some people would think. As with most things done in life, people learn by trial and error. There are many documents that are of great significance that attributed to the creation of the U.S Constitution. The five documents or events that helped with the creation of the United States Constitution was the Magna Carta (1215), the Mayflower Compact (1620), the Declaration of Independence (1776), the Articles of Confederation (1777), and the Federalist Papers (1787-1788). Going in order, I will begin with the Magna Carta (1215). According to the NEH, “the Magna Carta served to lay the foundation for the evolution of parliamentary government and subsequent declarations of rights in Great Britain and the United States.” The Magna Carta defends the “dew process” of the law; everyone has legal rights that the states to follow. “Near the completion of the 13th century, the Magna Carta contributed to the support of the idea of a “higher law,” one that could not be modified by executive mandate or legislative acts,” (NEH, 1996). The notion helped to enfold toward the Supremacy clause of the United States Constitution and enforced by the Supreme Court. This was only the beginning to the making of the Constitution. The second document was the Mayflower Compact (1620), and it was the “scaffold to the Plymouth colony. Being that this document was convenient where by the settlers would subordinate their rights to follow laws...
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...cannot be enforced.” Albert Einstein The United States Constitution has been serving as the foundation for the United States government since 1787, and the U.S. constitution is viewed as the “supreme law of the land” (law.jrank.org, n.d.). Laws have been created as a result of Congress and state legislature and follow a strict and thorough process in order to be approved as a law. Common law is present in our modern system and makes up most of our basic laws in the United States. The Supreme Court, which was created in 1790 through the United States Constitution accompanied by the Judiciary act of 1789, is the highest court in the United States. Generally, the system that the United States use today adopted the structure of Europe. Throughout history, Britain has had a significant part in the structure of the American legal system as well as the law created in the United States. Laws As briefly discussed in the introduction, the United States Constitution is the ultimate law of the land, and any laws created falls under the U.S. Constitution without contradiction. There are three branches of the government that deals with the laws, which are the executive branch, the legislative branch, and the judicial branch. The executive branch ensure “that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government as collecting taxes, safeguarding the homeland and representing the United States' political and economic interests around the...
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...political parties in the United States. The Federalist Party was created in opposition to the Democratic-Republican Party. Both parties started within the congressional and executive branches of government during George Washington’s presidency. The belief of a strong central government was the core political philosophy of the Federalist Party. The Federalists wanted a fiscally sound and nationalistic government. Most Federalists were bankers and businessmen who promoted government engagement in a national economy and supported the creation of a strong central bank. The Federalist Party endorsed the Alien and Sedition Acts which increased the requirements for citizenship,...
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...two (2) factors that illustrate how the relationship between the states and the U.S. federal government influences the creation of American policies overall 1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today. Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson, Diiulio andBose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States as an integrated nation brought changes to the system. Federal government evolved following the creation and implementation of the United States Constitution. The state governments were not abolished with the conference that states will partially lose their sovereignty or independence. (Wilson/Diiulio/Bose...
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...and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson/Diiulio/Bose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States as an integrated nation brought changes to the system. Federal government evolved following the creation and implementation of the United States Constitution. The state governments were not abolished with the conference that states will partially lose their sovereignty or independence. (Wilson/Diiulio/Bose,2014) American Federalism ever since then has been observed constitutionally conceding the national and state governments to apply their exclusive powers but also mandatory to share in other powers. For example, the power to print money, declare war, enter treaties with international government, and handle international affairs has been settled to the federal government (Longley, n.d.). The states could no longer run their own monetary system, declare war, or handle international activities beyond their granted power. The state governments maintain their own powers that include creation of state...
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...Open Interpretation to the Constitution Leads to First National Bank A National Bank is an essential part of this nation's economy. We know that it can further strengthen the ties between Americans and the federal government. The National Bank has allowed America to grow its economy, unit as country, and improve trade between the colonies. But when the first National Bank plan entered into Congress there was much controversy over it. Two men, Alexander Hamilton and Thomas Jefferson, held two very different and opposing views on the Bank plan. This led to much controversy over the plan and how they believed it would impact the nation. At the root of the controversy was wether or not the plan was constitutional. Both men interpreted the clauses in the Constitution differently, so both Hamilton and Jefferson submitted plans to President Washington in hopes their view would prevail. The conflict between Hamilton and Jefferson’s opposing views came to a head in 1791. Hamilton, Secretary of the Treasury at the time, submitted a report to Congress on a plan for a National Bank. There was great controversy over the creation of a National Bank for many reasons. The main reason being that Hamilton stated that its creation was completely justified by the Constitutions elastic clause. The elastic clause grants Congress the power “to make all laws which shall be necessary and proper” (Elastic Clause Law & Legal Definition) and to carry out its duties. In his plan Hamilton wrote...
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...the Constitution of the United States of America The Declaration of Independence and The Constitution of the United States are two fundamental founding documents in American history. In the eighteenth century, the documents foreshadowed the aspirations of the founding fathers for the newly created United States of America. These documents are illustration of the values of the young nation, however they do not represent all the American citizens at the time of writing, as they are limited to the political and societal elite. This will be discussed through an analytical examination of these documents and how they reflect the relationship between the American citizen and nation. As a first consideration, both documents are integral in the understanding of the foundation of the United States. The Declaration of Independence was signed in Independence Hall in Pennsylvania, July 4, 1776 by the founding fathers of the United States of America. On that day the thirteen colonies of the United States dissolved their bond with King George III and Great Britain. The origin of these documents is a primary government source written by leading political figures of the time. The founding fathers developed and signed this document with a belief “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” . Written eleven years later was its counterpart, The Constitution of the...
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...work. “Constituent power” is the ideal of having the power to frame a constitution. Palmer substantiates the idea that the people were said power behind the American Revolution via the consistent appeal to the population during the legislation process as well as appealing to the Constitution, which was ratified and created after the American Revolution ended. Generally speaking, the populous was constantly appealed to during the Constitution creation process that resulted from the American Revolution (1775-1783)—independence from Great Britain. This concept is predominantly represented when the state constitutions are discussed. Under John Adams, the...
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...determining whether the Constitution is a source of disunion in the United States, it is important to look at different angles of interpretation. Morally, interpretations of the Constitution influence the rights and wrongs of slavery and the laws along with it. Socially, principles and provisions of the Constitution allow for the states to grasp rights, but also allow others to limit them. Politically, viewpoints from political figures on the Constitution bring forward ideas and opinions on laws regarding states’ rights and disunion. By the 1850s, the Constitution became a factor in the failure of the Union due to the opposing...
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...Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term "common law" also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king's courts represented the common custom of the people. II. WHAT IS COMMON LAW? A. Common Law is the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a...
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...federalism, this paper will also describe how political behavior has been shaped throughout history. Lastly, it will describe how U.S. policies are influenced by the relationship between the states and the Federal government. Federalism is the division of authority between two or more governments. Many countries (roughly 25) follow this type of split government in order to provide checks and balances (aka “double security”) for the rights of the people. Federalism is very important because it prevents any one form of government from becoming too powerful. American Federalism is the division of authority between the national government and the states. The United States constitution defines the powers that each of these two governments has the right to enforce. The national government has the powers to print currency, declare war, establish military, manage international treaties, regulate national and international commerce, manage postal, and make laws to enforce the constitution. The state government has the power to establish local government, issue licenses, intrastate commerce, conduct elections, ratify amendments to the U.S. Constitution, public health/safety, exercise powers neither delegated to the national government or prohibited from the states by the U.S., and enforce the state constitution. Both governments have concurrent powers to setup courts, create and collect taxes, build highways, borrow money, make and enforce laws, charter banks and corporations, spend money for...
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...The 13 colonies overthrew the British and became its own independent states throughout countless blood sheed. It still had problems maintaining order in the states due to the war debts left behind after the Revolution and it inefficient methods of collecting tax. Another major issue in the 13 states was the high taxation on farmers who had little to no wealth. This lead to many rebellion all over the states such as the Shays Rebellion. The Shays Rebellion was a uprising in Massachusetts lead by a verten Daniel Shays, who had returned from war due to injuries. Daniel Shays returned home without being paid, instead being at debts like many other poor americans( Cotton,90). Although, It was an unsuccessful rebellion, it caught the eye of...
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...The United States system of government was changed from the Articles of confederation to the United States constitution due to the many problems it faced. After fighting the revolutionary war for independence, the people won the right to govern themselves. Unhappy with the system of government they were under with British rule they sought to create the opposite form of government within themselves. So the Founding Fathers established a government with a weak central branch through the Articles of Confederation. There were many problems faced under this system, so the Constitutional Convention met to revise the Articles. In 1787, instead of just rewriting the Articles, the Founding Fathers decided to create a new form of government that was...
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...The United States Constitution was the first form of government. The Bill of Rights came later but proved to fix many problems. The United States Constitution and Amendments were established to fix the problems stated in the Declaration of Independence. It is amazing to say The Constitution is not only the nations but the world’s longest surviving written charter of government. The famous phrase “We the People” is one of the first fixes between the Constitution and Declaration of Independence. These three words affirms that the government of the United States will serve its citizens and the people are what matters to the government. The Constitution is still in forced to this day, because it successfully separates and balances our government. The United States Constitution not only supports but truly reflects the idea of the Declaration of Independence. The Constitution addressed the many complaints of the Declaration of Independence. The US Constitution created a government of three branches—executive, legislative, and judicial, granting unique powers to each branch. “He has refused his Assent to Laws, the most wholesome and necessary for the public good” (Declaration of Independence). The king of Great Britain rejected and refused the idea of setting laws for the common good of the people. The king never had the interest of his people at heart. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom...
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...Why was the Constitution a controversial document even as it was being written? The United States Constitution is the very foundation that the nation has been built upon, but its birth was not easy. The framers of the Constitution divided over many key issues relating to it and often argued at length over the creation, ratification, and implementation of this imperative document. Since the Constitution came into being it has been the epicenter of Civil Rights reforms, questions of state sovereignty versus national supremacy, and recently it has been looked to for questions about universal healthcare and what may or may not constitute a marriage. Currently the oldest “living” Constitution in the world; interpreting the United States Constitution is still a controversial endeavor, and I posit that the compromises that influenced its genesis are what made this document capable of standing up to the test of time. Almost immediately after American leaders recognized that the Articles of Confederation had spawned a weak and unresponsive government debate began over how to fix the problems the nation had encountered. Delegates from all but one state met initially to discuss revisions, but instead of rewriting a troubled and ineffective document they decided after much debate to completely restructure the government based upon a wholly new Constitution. With participation from multiple interests one of the first issues they encountered was state representation; with delegates from...
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