It is very important to address the success of the Constitution with the then work by the Anti-Federalist to have a Bill of rights. Nobody could ever realize how important the bill of rights is without looking at the supreme court cases today. The bill of rights protects the citizens in so many ways, as well as protect the states from an arbitrary government. where did tis come from?
Pieces like The dissent of the pensylvania Minority (1787) text, describes all the propositions those against the Constitution made. By just scanning my eyes on it i can see where amendments I,II,IV and VIII came from.this piece also criticize the amendment process, and the ratification process which doesn't require all states consent to sign, and the reduced time to examine the constitution.
There were opposition from those who owned property, those who benefit from imports, and the most important to preserve individual liberties they had just regained from the British government. Samuel Adams believed the government would turn in a aristocracy. There was a excessive pressure on ratifying the constitution, that some anti federalist were dragged there almost by force.
another point the representatives elected to analyze and adopt the consitutuion didnt have the conssent of all the nation, barely one tenth gave approval for them to be there.
Richard henry lee claimed about religion freedom in one of his letter, he also claimed for protection of unreasonable searches, about a state not having the ability to charge o citizen of another state,freedom of press, and he also points out the no time for examination the Constitution before signing it.
its important to understand where the bill of rights came from and to also thanks this guys for the hard work they had to put up on 10 amendments, just 10 amendments that today are just so important so significant to this nation. there is no doubt that this government wouldn't be the same without the bill of rights
Saturday, October 2, 2010
How to adopt The Constitution?
The way Alexander Hamilton and the federalist found to easily ratify the Constitution was to point out the weakness of the government under the Articles of Confederation and the importance of a energetic and strong central government.
The states were more likely independents states than a nation itself. They had a lack of working together, did not protect people's right, did not have a strong central government to preserve the peace ( Shay's rebellion example)., did not bear army, nor navy, just a state militia as a defense system, did not have a currency system, nor a effective way to raise money( taxes), not trading with foreign nations, not penalties for disobedience or breaking the law. Hamilton thought the solution for all the problems as the creation of a strong central government to somehow preserve the union(nation) " form a more perfect union like the preamble says, the lack of togetherness was very dangerous and in hard times would worsened things up.
The authorities(government) essential to the common defense are these: to raise armies; to build and equip fleets; to prescribe rules for the government of both; to direct their operations; to provide for their support. These powers ought to exist without limitation, because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means to which may be necessary to satisfy them” [Hamilton’s italics].
The states were more likely independents states than a nation itself. They had a lack of working together, did not protect people's right, did not have a strong central government to preserve the peace ( Shay's rebellion example)., did not bear army, nor navy, just a state militia as a defense system, did not have a currency system, nor a effective way to raise money( taxes), not trading with foreign nations, not penalties for disobedience or breaking the law. Hamilton thought the solution for all the problems as the creation of a strong central government to somehow preserve the union(nation) " form a more perfect union like the preamble says, the lack of togetherness was very dangerous and in hard times would worsened things up.
The authorities(government) essential to the common defense are these: to raise armies; to build and equip fleets; to prescribe rules for the government of both; to direct their operations; to provide for their support. These powers ought to exist without limitation, because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means to which may be necessary to satisfy them” [Hamilton’s italics].
Friday, October 1, 2010
The Constituiton of the United States - Article 1
I have a diiferent way to summarize this article in which i think we can have a better understading of the legislative power. Please do not mind how i have the section out of order.
Article I The legislative Branch
Section 1 and 8
Congress(House of representatives, Senate), The legislative branch of the United States holds the following powers;
"make the nations laws";
"control the government spending";
" impeachment" ;
" control the executive branch actions" ;
"lay and collect taxes";
"regulate trades";
" establish a currency and the post offices";
" declare war", "raise and support armies";
" provide and maintain a Navy";
"creates lower federal courts".
"Members of the congress ought to represent their constituents( the people ), and protect the states interest and the nation as well "
Section 7 Whenever the congress pass a bill, it goes to the President. if He approves the bill, it becomes a law immediately.Even If he doesnot, the congress can still pass it by getting the approval of two thirds of each house again..
Section 6 prevents congress members to be extra paid and to have another civil office while elected. It also protects the members from being arrest except in a Treason, Felony and Breach of the peace.
Section 4 and 5 gives each house of the congress the power to control its election and to punish/expell its members.
Section 2
The House of representatives members are 435, the amount of members per each state is according to their population.
Requirements = ( 25 years old age minimum, serve 2 years term, 7 years as a a citizen, must live in the state choosen to represent).
*The bills to collect taxes starts in the house.
*Also The house can impeach, any federal official if it suspects of wrong doing or misconduct.
Section 3
The Senate members are 100, 2 from each state
Requirements = ( 30 years of age, 6 years term, 9 years as a citizen, live in the represented state.)
*1/3 of the senators are changed every 2 years.
*The vice president of the United states is the the president of the senate but has no vote unless there's a tie.
* The Senate ratify treaties made by the president, and confirm any presidential appointments like "judges and the cabinet".
*Try impeachments
Nowadays either the senators and the representatives are chosen by the people .
Section 9 Protects people from being punished without a trial and from being punished again even after a law change.
Section 10 in this article, oughts to limit the power of the states. They cannot establish a currency, make alliance, pass any bill of attainder, they cannot bear army neither lay taxes nor with foreign nations or another states enter war without the congress consent.
Article I The legislative Branch
Section 1 and 8
Congress(House of representatives, Senate), The legislative branch of the United States holds the following powers;
"make the nations laws";
"control the government spending";
" impeachment" ;
" control the executive branch actions" ;
"lay and collect taxes";
"regulate trades";
" establish a currency and the post offices";
" declare war", "raise and support armies";
" provide and maintain a Navy";
"creates lower federal courts".
"Members of the congress ought to represent their constituents( the people ), and protect the states interest and the nation as well "
Section 7 Whenever the congress pass a bill, it goes to the President. if He approves the bill, it becomes a law immediately.Even If he doesnot, the congress can still pass it by getting the approval of two thirds of each house again..
Section 6 prevents congress members to be extra paid and to have another civil office while elected. It also protects the members from being arrest except in a Treason, Felony and Breach of the peace.
Section 4 and 5 gives each house of the congress the power to control its election and to punish/expell its members.
Section 2
The House of representatives members are 435, the amount of members per each state is according to their population.
Requirements = ( 25 years old age minimum, serve 2 years term, 7 years as a a citizen, must live in the state choosen to represent).
*The bills to collect taxes starts in the house.
*Also The house can impeach, any federal official if it suspects of wrong doing or misconduct.
Section 3
The Senate members are 100, 2 from each state
Requirements = ( 30 years of age, 6 years term, 9 years as a citizen, live in the represented state.)
*1/3 of the senators are changed every 2 years.
*The vice president of the United states is the the president of the senate but has no vote unless there's a tie.
* The Senate ratify treaties made by the president, and confirm any presidential appointments like "judges and the cabinet".
*Try impeachments
Nowadays either the senators and the representatives are chosen by the people .
Section 9 Protects people from being punished without a trial and from being punished again even after a law change.
Section 10 in this article, oughts to limit the power of the states. They cannot establish a currency, make alliance, pass any bill of attainder, they cannot bear army neither lay taxes nor with foreign nations or another states enter war without the congress consent.
Monday, September 20, 2010
Samuel Adams,"The Rights of the Colonists(1772)"
Samuel Adams, one of the major organizers of the revolutionary war, wrote "the rights of the colonist" in a intent to not give up to the British Government and keep the colonists together. He uses Locke words throughout the piece, to emphasize the importance of life, liberty and private property as the natural rights of a person. He also talks about the long distance between Great Britain and the Colonies, as well as their very fast grow of that could very soon be of a bigger size than Britain. He is very aggressive, very provocative and sometimes logical. In the following piece you can understand what i meant by the previous sentences.
" The inhabitants of this country in all probability in a few years will be more numerous,than those of Great Britain and Ireland together; yet it is absurdly expected by the promoters of the present measures, that these, with their prosperity to all generations, should be easy while their property, shall be disposed of by a house of commons at three thousands miles distant from them; and who cannot be supposed to have the least care or concern for their real interest."
As we can clearly see he dislikes the often neglect Great Britain has impose on the colonies and now facing a economic crisis, turns to them as if they were Great Britain Savior. It is not mentioned in the piece, but he also derived from Locke the idea of legislative, in which society joins the government and participate to see the mutual benefit of all.
" The inhabitants of this country in all probability in a few years will be more numerous,than those of Great Britain and Ireland together; yet it is absurdly expected by the promoters of the present measures, that these, with their prosperity to all generations, should be easy while their property, shall be disposed of by a house of commons at three thousands miles distant from them; and who cannot be supposed to have the least care or concern for their real interest."
As we can clearly see he dislikes the often neglect Great Britain has impose on the colonies and now facing a economic crisis, turns to them as if they were Great Britain Savior. It is not mentioned in the piece, but he also derived from Locke the idea of legislative, in which society joins the government and participate to see the mutual benefit of all.
Friday, September 10, 2010
Natural Liberty vs Civil Liberty( John Winthrop)
" There is a twofold liberty,natural ( I mean as our nature is now corrupt) and civil or federal" , Little Speech(1639), John Winthrop
Winthrop, a Massachusetts governor, defended the idea of a government by the "few" acting in the name of God, with control over the people. As people of lower level were concerned about their liberty, they took John Winthrop to court. He felt the need to deliver The Little Speech, in which he after been upheld by the others, addresses his position. The natural liberty he compares as an evil liberty, in which men act as "beast and other creatures". he dislikes this liberty by the fact man can do as they feel like, most likely going against authority, god and purity. He defends civil liberty as the proper end and object of authority, in which one shall do what is honest, just and good. As always, liberty has been one of the issues in all empires, governments throughout history and this time was not different. Those issues are often due people's desire to behave as they feel like. Most likely it will not benefit the whole community if letting one do what he lists. For this reason John Winthrop is a believer and defender of Civil Liberty, in which citizens will subject to authority and do only what is good,honest, pure.
Winthrop, a Massachusetts governor, defended the idea of a government by the "few" acting in the name of God, with control over the people. As people of lower level were concerned about their liberty, they took John Winthrop to court. He felt the need to deliver The Little Speech, in which he after been upheld by the others, addresses his position. The natural liberty he compares as an evil liberty, in which men act as "beast and other creatures". he dislikes this liberty by the fact man can do as they feel like, most likely going against authority, god and purity. He defends civil liberty as the proper end and object of authority, in which one shall do what is honest, just and good. As always, liberty has been one of the issues in all empires, governments throughout history and this time was not different. Those issues are often due people's desire to behave as they feel like. Most likely it will not benefit the whole community if letting one do what he lists. For this reason John Winthrop is a believer and defender of Civil Liberty, in which citizens will subject to authority and do only what is good,honest, pure.
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