Often referred as the “necessary and proper clause” Article 1, Section 8 of the Constitution states that Congress has the power to “make laws which shall be necessary and proper for the carrying into execution the forgoing powers. Article 1, Section 8 of the Constitution basically specifies the power that congress can have in detail. It also states that the power of law making and tax imposing must be uniform through the whole United State. Congress shall have “the power to collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” (Cooter, R., & Siegel, N. pp 121). Chief Justice Marshall stated in court in 1790 that “the power to tax involves the power to destroy,” (Schwelkart & Allen,2004, pp.182).…
The founding fathers were creating a government that had the potential to be just as oppressive as the one that they gained their independence…
Can you imagine how life would be in america if we weren’t protected from tyranny. Thanks to the constitution we don’t have to worry about that ever happening. In 1787 our founding fathers met in philadelphia to discuss a big problem, which was the Articles of Confederation. The Articles of confederation was considered as America’s first constitution. After much discussion and debate they decided that the articles of confederation would no longer be utilized.…
One might argue that the reasons for the constitution weren’t stated clearly. However, if they were stated precisely it would make the people believe to have those rights protected. If the people believe the rights are protected while they aren’t people would become furious. This would only have a negative effect. Some might also believe that too much power is given over to the federal government, yes it will have more power than it did, however their powers will be limited.…
Americans’ rights and liberties are overtly expressed through the Bill of Rights. Federalists and Republicans possessed contradicting views of the same document, fueling debate. Key Federalists such as Alexander Hamilton intelligently reformed the American economy, eliminating the national debt. The Federalist Papers strategically expressed the movement’s motivations and ideals, thus bolstering support. More than 200 years later, the Federalist-Antifederalist debate comprised of the same key issues that face our nation…
The Constitution was initially subjected to the scrutiny of Anti-federalists, who believed that the document would not adequately protect the rights of those living under it (Siemers). These fears have partially been invalidated over time, as many revisions have been made in order to ensure the preservation of interests of minorities. It is imperative to recognize that these changes occurred gradually; they were not originally included in the document (Constitutional Amendment Process). Therefore, the Constitution did not succeed right away in this mission, but has done so over time through the 19th, 15th, and 14th amendments and court cases including Obergefell v. Hodges. Ratified in 1920, the 19th amendment was a progressive…
On the federal level, the Constitution set a division among the executive, legislative, and judicial branches; locally the government must be granted permission by the state and the governing bodies are directly elected by the people. In total it left the maximum amount of freedom in the hands of individuals. This being said, a common concern among many in today’s society is whether or not a document that was written 229 years ago can still remain relevant in a world that is frequently changing. The Constitutions relevancy is based on the fact that it is a living document written with the possibility of amendments that allows for interpretation by the judicial system, that its purpose is to protect against dictatorship and usurping of power brought up by Anti-Federalist fears, and that it ultimately serves as a protective barrier for citizens’ civil…
As Alexander Hamilton once said, “Why has government been instituted at all? Because the passions of man will not conform to the dictates of reason and justice, without constraint.” The Founding Fathers recognized that it is inherently the nature of the people to place their own ambitions above the needs of the country as a whole. It was for this very reason that the Founding Fathers set out to create a government that would maintain balance between the branches of government to prevent tyranny, to prevent a majority taking advantage of a minority, and ultimately to protect the people from themselves.…
FEDERALIST/ANTI-FEDERALIST Political Viewpoint: ANTI-FEDERALIST 1. What fears does your side have about the future of the North American colonies? The Anti-Federalists feared that the Republican form of government formulated by the principles of the monarchy would be dominated by the features of aristocracy that allowed unwarranted stretch of power over the liberty, life and property of all its citizens. The federal government imposed secret deliberations and hasty plans for ratification which threatened the sovereignty and independence of all states.…
One of the most persuasive arguments against the bill of rights was that of a shifting burden of proof. At the heart of the concern was that the introduction of such clauses would flip the presumption of the Constitution. As initially written, the Constitution placed the burden of demonstrating federal power to act on Congress and the President. In October 1787 James Wilson argued during the first state ratification debate in Pennsylvania—a discourse that brought him to national prominence as a spokesman for the Federalist cause—that “it would have been superfluous and absurd to have stipulated with a federal body of our own creation, that we should enjoy those privileges of which we are not divested.” By calling out specific rights, there would be a narrowing of rights to reflect merely those listed.…
There is no denying that the United States Constitution is a living document, that is in itself the foundation by which this country is to be governed. No matter ones position on contemporary and pressing social, economic and political issues, the Constitution is the guide and standard. Unfortunately, as a living document, it is open to interpretation by those who seek to use it to suit their purpose. For example, even preceding the 21st Century, the historical document has been used as a weapon, with the user selecting the pieces that best suit their case, similar to using one verse from the bible to make a case when in reality it has been taken out of context.…
How much freedom did the United States Constitution provide America? The Constitution really helped the United States get the freedom they had been hoping for. The United States had been waiting for this for a very long time for this to happen.. They just didn’t know how long it was going to be before they got their freedom. Americans really couldn’t do anything without asking permission to do it because they didn’t have any freedom at this time.…
The Second Constitutional Convention My week has been very eventful and even somewhat stressful, but to make matters worse I think I’m going insane, because either I had a very vivid dream in my government class, or I just traveled back in time to the Second Constitutional Convention. Now from what I know they had gathered because the Article of Confederation weren’t working out so well. Then they told me I was going to help them fix the problems and help them create the new constitution. When I was asked to speak, I realized this was a chance to change the way the government worked and maybe make things better, or worse.…
Foundation of America: The Representation gap The constitution was formed on a basis that all Americans would be united by a system of government that voiced the people’s opinions to those who could respect and maintain this country and people. However as time has gone on, problems once faced by the American people such as how slaves would be represented in population census, are no longer an issue. Since the ratification of the constitution 1790, 226 years of progress has been made, we are no longer the thirteen colonies; we are the fifty states. With the expansion of a country such as ours, we have come to face problems with the countries we now border upon.…
After America’s long journey of seeking freedom from governmental oppression, the newly formed nation was skeptical when it came to the discussion of new government authority. Many Americans were still uneasy about consolidated power, while others were aware of the prevalent national instability caused by the lack thereof. Though, in the end, the Constitution prevailed and has become the cornerstone of American government, the path that led to this enduring document was gradual and filled with apprehension and debate. Both sides of the issue had very clear and valid notions about either their support or opposition to the Constitution, and in the end were able to find common ground through patience and compromise.…