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Friday, April 12, 2019

Ratification of the Constitution Essay Example for Free

Ratification of the makeup EssayWhen the new writing was proposed in the year 1787, many a(prenominal) argu workforcets arose that opposed its ratification. When the framers of the Constitution met on the 17th of September that year, they asked e truly cite to c solely a additional convention that would take into consideration the ratification of the new constitution. This was each for the purpose of a new gradeance for the thirteen United States of America. All of the major arguments that surfaced in reverse to the new constitution did prepare resolve behind them, solely there were still many reasons to justify the ratification of the new Constitution that would earn a new US judicature. At the time, Americans felt that their loyalty to the state governments would keep them from ratifying the new Constitution. As spoken ab come on in enter A, such a vast territory, as the 13 colonies were, slang expression be governed by genius government only but need several sm all state governments instead. If it were to be governed fully by one government it would no dubitably become a dictatorship. And according to memorandum B, A very expensive territory can non be governed on the principles of freedom, otherwise then by a confederation of republics, posing all the powers of upcountry government but united in the management of their general, and international concerns.This means that one government for all the 13 states would not be sufficient to properly govern on the principles of freedom without help from a confederation of republics. Those who opposed the Constitution also fe atomic itemize 18d the strong rally government it would come to create. In Document A, Patrick Henry said in his speech to the Virginia ratifying convention on June 9 of the year 1788, In the British government there argon real balances and checks in this remains there be only ideal balances. Till I am convinced that there atomic deem 18 actual efficient checks, I re sult not give my accord to its plungement. By this, Henry meant that until the lines argon clear that there are real balances and checks in this new system, he ordain not computer backup the ratification of this new constitution. Document D shows George Clintons words In Opposition to Destruction of States Rights. Clinton has said The premise which the new form of government is erected, declares a consolidation or union of all thirteen parts, or states, into one great whole, under the firm of the United StatesHere he means that The result of one government over all nations entrust end as a house divided against itself. And in Document G, James Madisonstates that the great number of citizens and end of territory which whitethorn be brought indoors the compass of republican then of democratic government Extend the sphere, and you take in a greater variety of parties and interests you make it less(prenominal) probable that a majority of the whole will have a common pauperism to invade the rights of other citizens or if such a common motivate exists, it will be more difficult for all who feel it to discover their own strength, and to act in unanimity with each other. Madison pointed out that a main central government over the thirteen states would not function properly if the states did not all share a common motive, and if they did, there would still be struggles in acting in unison together.These three main arguments that rose up in opposition to the new constitution that was proposed in 1787 all have fair reasoning behind them. The new government for the thirteen United States of America was meant to unify the country as a whole and set up a way for it to function as one nation. The framers of the Constitution clearly supported its ratification small-arm the states debated whether or not to support it. When in July, 1788, New Hampshire became the ninth state to ratify the constitution, the Federalists soon proposed a Bill of Rights to be added. After approved by the states, 10 of the 12 amendments became the Bill of Rights and with this, the ratification of the Constitution was complete. The thirteen United States of America now had a new governmentDocument A reference work Patrick Henry, speech to the Virginia ratifying convention, June 9, 1788 I am persuaded of what the honorable gentleman says, that separate confederacies will ruin us. In my judgment, they are evils never to be thought of till a people are driven by necessity. When he asks my opinion of consolidation, of one power to reign over America with a strong hand, I will tell him I am persuaded of the rectitude of my honorable friends opinion, (Mr. Mason,) that one government cannot reign over so extensive a country as this is, without absolute despotism.Compared to such a consolidation, small confederacies are picayune evils though they ought to be recurred to but in case of necessity.In the British government there are real balances and checks in this system there are only ideal balances. Till I am convinced that there are actual efficient checks, I will not give my assent to itsestablishment. The President and senators have nothing to lose. They have not that interest in the preservation of the government that the female monarch and lords have in England. They will, therefore, be regardless of the interests of the people.Document BSource The Address and Reasons of Dissent of the minority of the Convention of Pennsylvania to their Constituents, December 12, 1787 We dissent, first, because it is the opinion of the most celebrated writers on government, and confirmed experience, that a very extensive territory cannot be governed on the principles of freedom, otherwise than by a confederation of republics, possessing all the powers of internal government but united in the management of their general, and foreign concerns.The first consideration that this review suggests, is the skip of a BILL of RIGHTS, ascertaining and fundamentally establis hing those unalienable and personal rights of men, without the full, free, and secure enjoyment of which there can be no liberty, and over which it is not necessary for a good government to have the control.The principal of which are the rights of conscience, personal liberty by the clear and unequivocal establishment of the writ of habeas corpus, jury trial in criminal and civil cases, by an impartial jury of the vicinage or county, with the common law proceedings, for the safety of the charge in criminal prosecutions, and the liberty of the press, that scourge of tyrants, and the grand bulwark of every other liberty and countenance the stipulations heretofore made in favor of them in the state constitutions, are entirely superceded by this constitution.Document CSource The Debates In the Convention of the State of New York, On the adoption of the Federal Constitution, June 17, 1788. He would now proceed to state his objections to the clause just read, (section 2, of article 1, c lause 3.) His objections were comprised under three heads 1st, the prevail of apportionment is unjust 2d, there is no precise number fixed on, below which the house shall not be reduced 3d, it is inadequate. In the first place, the rule of apportionment of the representatives is to be according to the whole number of the white inhabitants, with three fifths of all others that is, in plain English, each state is to send representatives in symmetry to the number of freemen, and three fifths of the slaves itcontains. He could not see any rule by which slaves were to be include in the ratio of representation.The principle of a representation being that every free agent should be concerned in governing himself, it was absurd in giving that power to a man who could not exercise it. Slaves have no will of their own. The very operation of it was to give certain privileges to those people who were so wicked as to keep slaves. He knew it would be admitted that this rule of apportionment was founded on unjust principles, but that it was the result of accommodation which, he supposed, we should be under the necessity of admitting, if we meant to be in union with the southern States, though utterly repugnant to his feelings.Document DSource George Clinton, In Opposition to Destruction of States Rights The set forth on which the new form of government is erected, declares a consolidation or union of all thirteen parts, or states, into one great whole, under the firm of the United States But whoever seriously considers the immense extent of territory comprehended in spite of appearance the limits of the United States, together with the variety of its climates, productions, and commerce, the difference of extent, and number of inhabitants in all the dissimilitude of interests, morals, and politics in almost every one, will receive it as an intuitive truth, that a consolidated republican form of government therein, can never form a perfect union, establish justice, insure domestic tranquillity, promote the general welfare, and secure the blessings of liberty to you and your posterity, for to these objects it must be directed this unkindred legislature therefore, composed of interests opposite and dissimilar in nature, will in its exercise, emphatically be like a house divided against itselfDocument ESource Brutus, New York Journal, January 10, 1788The power to raise armies, is indefinite and unlimited, and authorises the ski tow forces, as well in peace as in war. Whether the clause which impowers the Congress to pass all laws which are proper and necessary, to carry this into execution, will not authorise them to impress men for the army, is a top dog well worthy consideration? If the general legislature deem it for the general welfare to raise a body of troops, and they cannot be procured by voluntary enlistments, it seems evident, that it will beproper and necessary to effect it, that men be impressed from the militia to make up the deficiency . Document FSource Noah Webster, An Examination into the guide Principles of the Constitution October 10, 1787 Congress likewise are to have the power to provide for organizing, arming, and disciplining the militia, but have no other command of them, except when in actual service. Nor are they at liberty to call out the militia at pleasurebut only, to execute the laws of the union, suppress insurrection, and repel invasions. For these purposes, government must perpetually be armed with a military force, if the occasion should require it otherwise laws are nugatory, and life and position insecure.Document GSource James Madison, Federalist No. 10, November 22, 1787the greater number of citizens and extent of territory which may be brought within the compass of republican than of democratic government and it is this circumstance principally which renders factious combinations less to be dreaded in the former than in the latter. The smaller the society, the fewer probably will be the distinct parties and interests composing it the fewer the distinct parties and interests, the more frequently will a majority be found of the same party and the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression. Extend the sphere, and you take in a greater variety of parties and interests you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other.Document HSource U.S. Congress, Preamble to the Bill of Rights, March 4, 1789 THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or horror of its powers, that further declaratory and restrictive c lauses should be added And as extending the ground of public confidence in theGovernment, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, 2 thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when sign by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution viz. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant(predicate) to the fifth Article of the original Constitution.

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