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The paper examines the role of constitution and related event in the textbook. The first thing explained by the textbook is that the United States Constitution of 1787 has a relatively simple organization: there are seven articles, followed by 27 amendments. The first three articles define the heart of the American constitution: article I: The Congress or the legislative power; Article II: The Presidency or the executive power; Article III: the judiciary. Articles VI and VII aimed at the transition of the rule of law to the new constitutional order. The last sentence of Article VI nevertheless formulates a form of separation of Church and State which will be found in the First Amendment. Article IV contains a variety of elements: rights from one State to another; admission of new states; republican form for each state (Carl Van Doren).
The reasons for textbook to mentioned this subject because the history of constitution of the United States plays an important. The history of constitution explains how, when it took place. The Constitution of the United States is one of the oldest written constitutions still applied. The original structure of the Constitution, which will evolve slowly towards the current presidential regime, is based on a strict separation between the three powers and a distribution of competences between States and Federation proceeding from a marked will to limit the power of each organ. Ten amendments ratified by Congress on December 15, 1791 form the Bill of Rights, Declaration of Rights and Fundamental Freedoms incorporated into the Constitution.
The book entitled, “The Writings of James Madison: 1769-1783” by Hamilton Alexander Madison James Jay John - The Federalist (1792) (first volume): The Federalist, or Collection of Some Writings in Favor of the Constitution Proposed in the United States of America, by the Convention convened in 1787, published by MM. Hamilton, Maddison and Gay, Paris, Buisson, 1792, Volume 1. The Federalist brings together the 85 essays published in the New York press by Hamilton, Madison and Jay between October 1787 and July 1788 (Hamilton).
The authors, writing under the pseudonym of Publics, had given themselves the mission of convincing the citizens of the State New York to ratify the constitution adopted at the Philadelphia Convention on September 17, 1787. The stakes were high. It was about giving America a true federal government, made up of three distinct branches moderated by a system of checks and balances and, above all, capable of "having a direct action on the person of the citizens" (Madison chapter 16). The fight was bitter and the opposition virulent. In their own press campaign, the 'anti-federalists' vehemently defended the sovereignty of the thirteen former colonies and viewed with disapproval a federal system which, under the guise of a stronger union, threatened to undermine the freedoms acquired. under the Revolution.
The People Debate, The Constitution, 1787-1788 by Maier, explains that three years after the signing of the Treaty of Paris, the future of the American Confederation is still uncertain. In the absence of sufficient powers, the Congress cannot counter Britain's exclusion of American West Indies ships and the prohibition of navigation on the Mississippi by Spain, then the owner of Florida (Maier, 2010). On the domestic scene, popular uprisings, the most important of which was the one led by Daniel Shays in Massachusetts, shake the Member States and threaten the secession of portions of territory with the support of Britain. Hard hit by the recession, the farmers are unable to pay their personal debts and those contracted by their state for the needs of the Revolutionary War. With the exception of the states of New York and Pennsylvania, which earn significant income from import taxes, other states derive their income from regressive personal and property taxes. Farmers then begin to use their voting rights to impose on their state assemblies laws on the redistribution of wealth, the printing of paper money to devalue their debts, and the abolition of courts deemed too repressive (Veit, et.al).
The authors try their best to gathered the information both by personal experiences and secondary sources. The gathered the constitutional documents for the information. Faced with the dangers of destabilization, the Confederation Congress has its hands tied. He has neither the power to declare war, nor to sign treaties, nor to coin money. Nothing significant can be voted without the support of delegations from nine States. The first ten amendments form the bill of rights. As a block, they were added to the American constitution shortly after it was introduced. The Constitution of the United States was adopted at the Philadelphia Convention from May 29 to September 17, 1787 following closed-door debates between federalists, supporters of a strengthened central government, and supporters of the Confederal regime "for to form a more perfect Union ".
According to the results presented by the textbook. It is found that a new Constitution was needed. A constitutional convention takes four months to give birth to the document that begins with the famous "We the people of the United States …". Once the document has been adopted by the Congress of Articles of Confederation, the Constitution must be ratified, without amendment, by each State. A majority of nine states is needed.
Because of its importance, Pennsylvania is the first state to debate the new constitution. Federalists and anti-federalists confront each other with passion, and sometimes vehemently, and the Constitution is ratified several months later by a majority of 46 to 23. The minority delegation questioned legitimacy by alleging that it represented more voters than the majority. Also, contrary to the wishes of the Federalists, because of the length of the deliberations in Pennsylvania, it is rather Delaware which is the first State to ratify the Constitution, in a unanimous vote, after only four days of debates. The Constitution served the interests of Delaware well. The state will no longer have to pay duties to Pennsylvania for products passing through the port of Philadelphia. From now on, customs duties will be collected by the central government for the benefit of all States. State debts will be assumed by the central state and equal representation in the Senate is appreciated by this small state, which had just separated from Pennsylvania.
The result of multiple compromises, the document does not find unconditional supporters. James Madison, his chief editor, is against giving two seats to each state in the Senate and he would have liked the central government to have a right of disallowance on state laws. Alexander Hamilton would have wanted the federal government to have the power to appoint state leaders and militia leaders, and senators and governors to be appointed for life, as was the case in Britain (Bowen, et.al).
Primary source is a speech. Madison and Hamilton believe that the constitution is nevertheless the only alternative to anarchy. In case of failure, Hamilton predicts the dismemberment of the Union, the transformation of its components into monarchies and their inevitable attachment to Great Britain. John Jay, James Madison and Alexander Hamilton then published 85 essays, all under the anonymous signature of Publius, to promote the ratification of the Constitution. These Federalists Papers were compiled in two 600-page volumes and are still used as a reference for the interpretation of the Constitution for judges of the United States Supreme Court.
The methods used for the secondary source in the author provides. George Masons, Edmund Randolph, Patrick Henry and George Clinton, deplore the absence of a Bill of Rights, denounce the under-representation of the population, the granting of excessive powers and dangerous in the House of Representatives and the Senate. They are also concerned that federal justice poses a threat to the exercise of justice in the member states. Their rallying point is the defense of state power vis-à-vis the central government. In "We the people ...", they oppose a "We the States ...". No wonder the main debate surrounding the ratification of the new Constitution was whether the central government could itself raise taxes or whether it could only do so through the intermediary of the states.
The result is defined in this secondary source is explain that on December 18, 1787, New Jersey also supported the Constitution unanimously. His motives are the same as those of Delaware. New Jersey paid customs duties to New York State. Two weeks later, it is Georgia's turn to ratify the Constitution unanimously after only one day of debate. The state was in urgent need of federal aid to fight the Creek Indians and defend its southern border against Spanish Florida (The articles and first ten amendments of the constitution of the United States).
Primary (field) research is the gathering of information by personal method, with the exception of using data already collected by other researchers that have already been collected and recorded by someone else. Secondary studies are usually the starting point of their own research, but they can also have independent significance. In the latter case, we are talking about the so-called desk research (Desk Research).
According to interpretation, it is found that in Connecticut, the Federalists controlled the entire press. When opponents, from New York State, want to introduce newspapers and essays criticizing the Constitution, they are intercepted at the border and their documents burned. So that the population of the state never knew the arguments against the Constitution. The major argument for ratification - that the tax burden would be shifted from farm taxes to tariffs on imports levied by the future Congress - will not be disputed. On July 4, 1776, the thirteen British colonies proclaimed their independence. The purpose of the Declaration of Independence is to obtain international recognition, particularly from France. It was not until 1783, with the signing of the Treaty of Paris, that Britain recognized the independence of her former colony. In 1777, the Second Continental Congress adopted the Articles of Confederation, a treaty that organizes the thirteen states in Confederation. But, after a few years, the inadequacies of the treaty appear to face the internal and external forces that threaten the very existence of the Confederation. In September 1787, a Constitutional Convention meets with a mandate to propose amendments to the Articles of Confederation. She gives birth rather to a draft of a new constitution. Then begins the process of ratification, state by state, which will spread during the years 1787 and 1788. It is this process that Pauline Maier describes in a masterful way in his book, celebrated by the critic, Ratification.
Works Cited
Primary Sources
Carl Van Doren,. "The Great Rehearsal: The Story of the Making and Ratifying of the Constitution of the United States." (1948).
Hamilton, Alexander, James Madison, and John Jay. The federalist papers. Oxford University Press, (2008).
Veit, Helen E., Kenneth R. Bowling, and Charlene Bangs Bickford. Creating the Bill of Rights: the documentary record from the First Federal Congress. JHU Press, 1991.
Madison, James. The Writings of James Madison: 1769-1783. Vol. 1. GP Putnam's Sons; New York, 1900.
Secondary Sources
Bowen, Catherine Drinker. Miracle at philadelphia: The story of the constitutional convention May-September 1787. Back Bay Books, (1986).
Maier, P. (2010). Ratification: the people debate the Constitution, 1787-1788. Simon and Schuster.
The articles and first ten amendments of the constitution of the United States, Appendix A, A-3 to A-14, of the people, A history of the United States, Volume 2 Since 1865, James Dakes et al, Oxford press, Copyright. (2017)
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