¶ … achievement of independence left the American statesmen in a serious institutional dilemma. The new state founded, what was to be its form of organization on the other hand, if decided on the federal organization, the statesmen obviously needed to decide both on the states' representation in the institutions, but also on what these institutions would be. James Madison's notes from May 30 are eloquent in describing the debates around these issues.
As it is suggested in the beginning of the note, there were generally three issues that needed to be addressed at Confederate level and upon deciding on the form of organization. These were "common defense, security of liberty & general welfare"
. On a scale describing the level of integration, one had to decide upon establishing a national government or leaving things at an inferior level of integration and achieving the three issues based on a common treaty between the states, somewhat similar to a treaty of mutual assistance.
We should analyze both solutions and compare the conclusions with the ideas that were noted by Madison. A common treaty between the states would have born much resemblance to the assistance NATO provides nowadays for its members. Indeed, according to Article 5 from the Treaty founding the North Atlantic Organization, an attack on one country is considered an attack on all the country in the organization, establishing thus the legal grounds for a common defense.
Similarly, a defense treaty between the member states in the Confederation would have probably stipulated the same common defense in case of attack. As Randolph suggested,...
The fact that arrested criminals are routinely read Miranda rights, informing them of their rights under the Fifth Amendment provides another example of a country concerned about justice. The framers included the phrases "insure domestic tranquility," "provide for the common defense," "promote the general welfare," and "secure the blessings of liberty" to make sure that the Federal government had the power to exercise general police powers and engage in warfare. Therefore,
Another example is drinking laws are defined by each state, but the federal government passed a law stating they would not provide monies to any state that did not raise their drinking age to twenty-one years of age . Block Grants Block grants have been part of the United States federal system as early as the late 1960's . Block grants are fixed -- sum of federal grants to state and
Constitution gave Congress the power of legislation. In fact, its major function is to make laws. Essentially, Congress converts public will into public policy by way of law. The Constitution provides some rules to which Congress must adhere throughout the legislative process however; over the years there have been additions and modifications to the procedure. Currently, there is debate over how to reform the legislative process. The general legislative process is
Lewis felt that the Omnibus Crime Control and Safe Streets Act of 1968 law were in violation of the second amendment. This law prevented convicted felons from possessing firearms. However the court observed that since convicted felons weren't allowed a large number of their fundamental rights such as voting, holding office or serving on a jury. Therefore they felt that the firearm arm law did not violate the constitution
However, the doctrine of "states' rights," also stemming from the Constitution, encouraged the southern states to believe that they could deal with their Negro residents as they chose, as only slavery had been specifically banned. They began imposing more and more restrictive rules on their Black residents. The Ku Klux Klan formed after the federally managed "Reconstruction" ended. The KKK terrorized Blacks who violated the views of the local
Constitution of the United States must be understood within the broader cultural, historical contexts in which it was drafted and ratified. The most basic explanation of the "original intent" of the Constitution is that the founders needed to formulate a cohesive and consistent system of governance and political culture after independence. The core issues at stake were Federalism vs. anti-Federalism, and the need to strike a balance between a federal
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