The Handy Law Answer Book. David L Hudson
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Название: The Handy Law Answer Book
Автор: David L Hudson
Издательство: Ingram
Жанр: Юриспруденция, право
Серия: The Handy Answer Book Series
isbn: 9781578593378
isbn:
In what states was the ratification debate most intense and close?
Ratification was more difficult in the populous states of Massachusetts and New York. The debate in Massachusetts was particularly intense. Massachusetts voted 187 to 168 in favor of the Constitution on February 6, 1788, only after the Federalists agreed to recommend amending the Constitution to include protections for individual liberties.
Massachusetts became the first state officially to recommend amendments to the Constitution during the ratification process. Though the nine proposed amendments bear little resemblance to the final U.S. Bill of Rights, they were an important precursor to the Bill of Rights.
What happened in the large state of Virginia with respect to ratification?
Actually, New Hampshire became the required ninth state on June 21, 1788, voting 57 to 46 in favor of the Constitution. Although the Constitution was technically in effect after New Hampshire ratified it, Virginia was such a large and powerful state that it was crucial for it to ratify the Constitution. The large state of Virginia did not know that New Hampshire had become the necessary ninth state, so the debate continued there.
Virginia was the home of James Madison, George Washington, and Thomas Jefferson, all of whom supported the Constitution. However, the state was also the home of a group of well-known Anti-Federalists, including Patrick Henry and George Mason. The battle in Virginia was particularly difficult. After one debate, Madison fell ill and was bed-ridden for three straight days. Some great statesmen, such as the brilliant orator from Virginia, Patrick Henry, led the Anti-Federalists. During the debate on the ratification in his state, Henry asked: “What right had they [the Constitution delegates] to say, ‘We the People?’”
In arguing against the Constitution, George Mason wrote, “It is ascertained, by history, that there never was a government over a very extensive country without destroying the liberties of the people.” However, state delegate Edmund Pendleton countered in the Virginia Ratification Convention: “In reviewing the history of the world, shall we find an instance where any society retained its liberty without government.”
In June, Governor Edmund Randolph stood up and spoke in favor of the Constitution even though he had failed to sign it last September. Randolph explained that he did not sign because the document did not contain necessary amendments. However, he said that because other states had proposed amendments to be passed after ratification, he would vote in favor of ratification. He also pointed out that eight other states had already ratified.
Patrick Henry charged that Randolph had been persuaded to change positions by none other than George Washington. Though this charge cannot be proven beyond a shadow of a doubt, Washington did later name Randolph his first attorney general.
Madison managed to gather enough support for the Constitution in the Virginia state convention on June 25, 1788. The delegates narrowly approved the Constitution. Two days later, a committee at the convention proposed a bill of rights to be added to the Constitution. Virginia voted in favor of ratification by a narrow vote of 89 to 79. Virginia also attached proposed amendments as well, many of which would later be contained in the Bill of Rights. Some Anti-Federalists were very upset and wanted to resist the new Constitution. However, at a meeting in Richmond, Patrick Henry said that they must accept defeat. “As true and faithful republicans [honorable citizens] you had all better go home.”
One of the most prominent figures of the American Revolution and the country’s early history, Patrick Henry was an Anti-Federalist who opposed a U.S. Constitution that he feared would give government too much power over individuals (Library of Congress).
Many Anti-Federalists became supporters of the new government. For example, Anti-Federalist Elbridge Gerry, who refused to sign the Constitution, later became James Madison’s vice president.
KEY CONCEPTS AND STRUCTURE OF THE CONSTITUTION
What is federalism?
Federalism refers to a division of power between the federal government and the state governments. In federalism, some powers are delegated to the national, federal government and other powers are kept or reserved by the state governments.
What is separation of powers?
Separation of powers refers to the division of power among different parts of government. The U.S. Constitution reflects this principle by dividing power between the legislative, executive, and judicial branches. If one branch of government invades the province of another branch of government, then that branch has violated the separation of powers principle.
The Framers understood that dividing power among the different branches of government would ensure that no single branch would become too powerful. This concept is known as the separation of powers. Many of the Founding Fathers understood the importance of separating powers between the branches of government. Many of them had read the French philosopher the Baron de Montesquieu’s L’Esprit des Lois (“The Spirit of the Laws”), which addressed this principle.
Madison in the Federalist Papers described Montesquieu as “the oracle who is always consulted and cited on this subject.” Madison described the principle as: “The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” Separation of powers is a philosophy in which each branch has its own powers. U.S. Supreme Court Justice Anthony Kennedy explains: “Separation of powers was designed to implement a fundamental insight: Concentration of power in the hands of a single branch is a threat to liberty.”
Our Constitution adheres to this principle. The powers of Congress are described in Article I. The powers of the executive branch are detailed in Article II, and the powers of the judicial branch are listed in Article III.
This principle is important in not only the federal government but also state governments. For example, state judicial branches traditionally have regulated lawyers. If a state legislature passes a law regulating the conduct of lawyers, such a law may violate the separation of powers principle. In this example, the legislative branch has invaded the province of the judicial branch.
The Constitution attempts to ensure separation of powers by instituting a system of checks and balances between the different branches of government. Each branch has a check on the other two branches. For example, the judicial branch has a check on Congress, because it can declare laws or bills passed by Congress unconstitutional. Similarly, the judicial branch has a check on the president because it can also declare executive acts unconstitutional.
What is an example of a separation of powers problem?
A prime example of a separation of powers problem presented itself in the Youngstown Steel case of Youngstown Co. v. Sawyer (1952). In that case, President Harry Truman seized control of the nation’s steel mills by executive order after hearing of a nationwide steel strike. President СКАЧАТЬ