The Constitution And Bill Of Rights: The Power Of The Federal Government

The Constitution was created to separate power between the states. Checks and balances also separated the branches of government and distributed power (Openstax. “U.S. History, Ch.7.3,” 2014). The amendments sketched out the personal rights that states already provided people (Openstax. 'U.S. History, Ch.8.1,' 2014). The Constitution also denied states powers such as creating their currency, making treaties, declaring war (Waalkes, Articles of Confederation shorter 2). The Constitution clarified the controversies regarding the economy, distribution of power, and American safety along with enhancing the government without placing American liberation at risk.

Preceding the 1787 Constitutional Convention, the thirteen territories had a feeble government because of the Articles of Confederation, which caused representatives to become concerned, so an outline was quickly established for a more powerful national government (Openstax. “U.S. History, Ch.7.4,” 2014). Individuals that opposed government power contemplated that the proposition would swindle the American people (Openstax. “U.S. History, Ch.7.4,” 2014).

While generating the Constitution, inquiries were raised regarding how representatives would be elected (Openstax. “U.S. History, Ch.7.4,” 2014). The Virginia plan promoted bicameral legislature with proportional representation, power to veto state laws, and allowed the president to be elected by Congress (Waalkes, Articles of Confederation shorter 2). The proportional representation of this plan gave states with a higher population more political power. Both houses nominated associates to the branches which dominated and guaranteed interest (Openstax. “U.S. History, Ch.7.4,” 2014).

The appeal for proportionate representation startled smaller state diplomats; therefore, William Patterson instituted the New Jersey Plan, which was much like the Articles of Confederation, but it allowed one house representative from each state to have one vote and gave the power to tax (Openstax. 'U.S. History, Ch.7.4,' 2014). Slavery was a significant dispute during the Constitutional Convention because slave owners desired their slaves to be calculated among whites when calculating a state’s overall population. In 1775, Congress enquired those states to pay for the war by sending money to them, and the amount they had to pay was based on the state’s total population, including slaves. The three-fifths compromise noted that three out of five enslaved people is to be tallied when clarifying a state's inhabitants (Openstax. “U.S. History, Ch.7.4,” 2014). These plans and compromises exemplify an equilibrium between the concentrations of South and North.

Most ambassadors that attended the convention had concerns about democracy. To fade out these uncertainties, delegates assured that congressmen were selected by the state and created the electoral college for picking the commander in chief. Each state has a specified quantity of electors and representatives. The Constitution draft was complete in September of 1787 and delegates decided each state should sustain an exclusive ratifying caucus conference. Once nine endorsed the plan it would be carried out (Openstax. “U.S. History, Ch.7.4,” 2014).

The Federalists wanted a consolidated nation believing it would be best for the time to come. The Anti-Federalists however backed a delicate government since states will not be permitted to make resolutions and they were also anxious about attaining a Bill of Rights (Openstax. “U.S. History, Ch.7.4,” 2014). Federalists such as Hamilton, Madison, and John Jay favored ratification and emitted articles known as The Federalist Papers to induce states to endorse the Constitution (Waalkes, Articles of Confederation shorter 2). Including all the states that ratified caucuses throughout the nation, almost two thousand menfolk voted on the governmental disposition. Initially, the Constitution attained support by a small margin (Openstax. “U.S. History, Ch.7.4,” 2014).

The Constitution begins with a preamble that notes the Constitution was written to “compose an ideal Union, inaugurate Justice, insure peacefulness, provide security, sponsor general assistance, and shelter the benedictions of Liberty to ourselves and our descendants” (U.S. Constitution, preamble). Article I focus on the two-chambered legislative branch of government and notes that Congress has the power to borrow currency, declare war, form a militia, draft or pass laws and has the power of the executive and judicial branches (U.S. Constitution, Article I). Article II corresponds to the executive branch of government which supervises governmental tasks, elects the president, creates treaties, appoints judges, department leaders and decides how the country should be operated (U.S. Constitution, Article II). Article III focuses on the judicial branch that outlines powers of federal courts, allows judges to serve for life unless one decides to resign (U.S. Constitution, Article III). Article IV defines the correlation between states and government, guarantees the government of the states will defend the inhabitants and country from violence, suggests that each state is equal regardless of their decisions, and determines states that can unite with the coalition (U.S. Constitution, Article IV). Article V permits that our Constitution may perhaps be modified in the future if needed and congress along with states can begin the amending process (U.S. Constitution, Article V). Article VI is based on prior debts, national supremacy, and oaths of office. The article created a tougher government and states laws deriving from the document are “Laws of Land”. Lastly, bureaucrats are required to pledge to the document (U.S. Constitution, Article VI). Article VII offers the names of the public figures that signed the document (U.S. Constitution, Article VII).

The document also includes 10 amendments that safeguard American citizens. Congress cannot make a law regarding freedom of speech, religion, assembly, press, and petitioning the government (U.S. Constitution, amend. 1). Citizens are permitted to own guns (U.S. Constitution, amend. 2). No combatant can live with someone lacking the assent of the owner (U.S. Constitution, amend. 3). Individuals are protected against unreasonable searches and seizures (U.S. Constitution, amend. 4). No one can be forced to retort to enforcement unless placed upon indictment of a grand jury (U.S. Constitution, amend. 5). The entitlement to a prompt and fair tribunal is guaranteed to individuals in criminal prosecution (U.S. Constitution, amend. 6). The entitlement of hearing by adjudicators is required to be reassessed in any Court within the States, with common law policies (U.S. Constitution, amend. 7). Disproportionate bail shall be ruled out, nor malicious and bizarre chastisements will be perpetrated (U.S. Constitution, amend. 8). All rights that are not listed are not to be understood to prevent or denigrate others (U.S. Constitution, amend. 9). Lastly, the power that is not given to the United States belongs to the people of the states and the states also surrender supremacy as the government expands it (U.S. Constitution, amend. 10). The ninth and tenth amendment exhibited Anti-Federalists involvements because they negated the government of having total authorization over personal rights.

The Constitution and Bill of Rights not only divided the power of the federal government but outlined the government's structure and personal rights that are given to citizens. Concerns over slavery, executive power, commerce, and representation were solved and ensured that the majority agreed with the decisions that were made. Before the creation of the Constitution, the government was outlined by the Articles of Confederation which provided a weaker government system, but with the assistance of the Virginia Plan, Three-Fifths Compromise, Second Continental Congress, and the Federalists the constitution was ratified and strengthened the government (Openstax. 'U.S. History, Ch.7.4,' 2014). The endeavors of both the Federalists and Anti-Federalists were patriotic being that they coveted what was virtuous for the country and although there were trepidations over the régime the issues over allocation of power, representation, the market and safety were resolved.

07 July 2022
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