America went from being a loose union of individual states to being a nation with a central government when the Constitution was ratified. This was more important than the War for Independence, because it dictated the type of government we would have. The Federalists, led by Hamilton, wanted a strong central government. The Anti-Federalists wanted every state to be its own government. The guiding question of this essay is: Should the U.S. have ratified the Constitution or stayed a loose confederation? This paper will show why the U.S. was better off not ratifying the Constitution and remaining a loose confederation of states.
An interesting article at Mises Institute by Gary Galles argued that history has proven that the Anti-Federalists were right in their fears of what would happen should a central government be founded. As Galles notes, the Anti-Federalists were opposed to the ratification of the U.S. Constitution because they were worried it would lead to the same kind of tyrannical government the U.S. had just opposed in the Revolutionary War. Many of the Anti-Federalist supporters were farmers and people living in rural regions (U.S. History). They did not want a central government telling them what to do. Rather they wanted to keep government at the local level. That way they could have more control over their own lives without some group of people a thousand miles away in some other part of the country deciding what was best for them.
Alexander Hamilton was one of the main authors of the Federalist Papers. The Federalists wanted to ratify the Constitution and have a strong central government overseeing things among the states for various reasons. They wanted a strong central government because they did not want the people at the local level getting in the way of their grand ambitions. They wanted to have the final say over the whole of the land. So they thought up reasons for why the states themselves could not be trusted to govern themselves. Hamilton wrote: “America, if not connected at all, or only by the feeble tie of a simple league, offensive and defensive, would, by the operation of such jarring alliances, be gradually entangled in all the pernicious labyrinths of European politics and wars” (Federalist No. 7). He wanted to scare the states into thinking that they all needed to be ruled by one central authority who would have the good sense to keep everyone out of any foreign wars. History shows just how true that is. One glance at the 20th century shows an America led around by the central government getting into war after war all over the world. So in this perspective, Alexander Hamilton was dead-wrong about the Constitution keeping the states out of foreign entanglements. The 20th century is one, big long foreign entanglement, from the Spanish American War to WWI, WWII, the Korean War, the Vietnam War, the Gulf War, to the post-9/11 wars, including...
The truth is that the forefathers were actually quite surprised at the effect that the signing of the Constitution had created in America; at the democratic society and government that resulted after the ratification of the Constitution. The ratification in itself was a long one, and it involved in essence the perusal of the written Constitution by each state for ratification purposes, for which each state was required to create
Article III describes the judicial branch of government, including the Supreme Court. It establishes that there is one court, the Supreme Court, however Congress may create lower courts, although judgements and orders may be reviewed by the Supreme Court. The trials of all crimes, except those involving impeachment, shall be by jury and held in the state where the crimes were committed, but if not committed within a state, the
The U.S. Constitution as it was originally written by Thomas Jefferson and signed by the Founding Fathers, however, was flawed in this way. Within the U.S. Constitution as it was originally written, for example, blacks are explicitly referred to as unequal. Article I, Section 2 of the United States Constitution states: "Representatives...shall be apportioned among the several States... according to their respective Numbers, which shall be determined by adding to
Let's have a brief analysis of several means that were used against Black suffrage. The first and easiest to use subterfuge was the literacy test. According to this, the voter was required to be able to read a section of the Constitution in order to be allowed to vote and on many, this test was imposed. Nevertheless, white voters usually avoided taking it, while black voters were held as illiterate
Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a codification of the common law that had long recognized the doctrine that a defendant should not be subject to multiple attempts by the state to convict him for
Amending the U.S ConstitutionTo solve the problems within Congress and the law-making procedure, the term limits must be applied to the positions of Congress through Amending the Constitution of the United States. There are specific reasons as to why the amendment is required as a separate law. In the Marbury VS Madison case, Judge Marshal declared that any law which contradicts the present constitution would be considered void, which is
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