A Document Review of the Limitations of State Tyranny in the Declaration of Independence (1776), The Bill of Rights (1791), and Grassroots Tyranny: The Limits of Federalism by Clint Bolick
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The Continental Congress created the United States Declaration of Independence to break away from the British government, and also, to protect the newly formed government from a tyrannical state. This document defines the liberation of the English colonies from the British government under the tyrannical governance of King George III. This document was created in Philadelphia in what would become the state of Pennsylvania. On July 4th, 1776, the Declaration of Independence was ratified by the Continental Congress to confirm
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Constitution. Originally, Madison sought to include thirty-nine amendments to the Constitution, but it was a series of twelve amendments that would become the Bill of Rights. However, these amendments were not put into the Constitution. Instead, the Bill of Rights serves as an addendum of limitations of tyrannical state. Madison intended these rights to protect the individual from state sponsored tyranny against freedom of speech, religion, freedom of the press, and other aspects of tyranny imposed on the colonies under King George III. More so, the idea of a representational government limited the power of the president through the elected members of Congress. Finally, Madison sought to limited the power of Judicial Branch to use the law to support state tyranny through a checks and balances of government. In this manner, Madison sought to define the rights for the citizen against the state, which was meant to support the grievances of the Declaration of Independence against the British monarchy. During the constitutional conventions, Madison sought to include the Bill of Rights in the Constitution, but it was never included. These individual rights define the undercurrent of freedom for the individual citizen. The Bill of Rights is an expansion of the Declaration of Independence in that it identifies the specific qualities of citizenship and legal rights that were to be expected in the new U.S.
The political elements during 1764-1783 had an active impact on the development of America’s own government after obtaining their independence from Great Britain. The Continental Congress directed the states to draft new constitutions, basically making the states the guinea pigs for constitutional experimentation. More than half of the thirteen states within one year of independence had drafted new constitutions. Virginia’s detailed Declaration of Independence became a model for the rest of the states. It asserted that life, liberty, and property were fundamental rights, and that “all men are by nature equally free and independent”.
How did the Constitution Guard against Tyranny? “When the people fear the government there is tyranny; when the government fears the people there is liberty.” James Madison said. First, I want to establish what tyranny is, tyranny is harsh absolute power in the hands of one person, a few, or many, our Constitution was created to prevent this government from occurring. The Constitution guarded against tyranny by creating Federalism so the central government and the state government did not control the same issues, separating the powers into three branches of government Legislative, Judicial, and Executive, and putting Checks and Balances on these branches to control the power of each other.
The United States’ Bill of Rights was effected in December 15, 1791. This was done two years after the Congress forwarded to the state Legislatures twelve proposed constitution amendments. The third amendment through to the twelfth amendment were adopted to become the Bill of Rights of the United States. The proposition of the Bill of Rights was done by James Madison mainly as a response to constitution opponents including some founding fathers who were against the ratification of the constitution on grounds that it failed to safeguard basic human liberty principles. On June 8, 1791 he presented a series of thirty-nine constitution amendments to the House of Representatives part of which proposed the constitution to be opened up and specific
1) What is this document? The document is an autobiography about Benjamin Franklin. 2)Who wrote the document?
House of Representatives. He became an instrumental force behind the Bill of Rights, submitting his amendments to the Constitution. Madison wanted to ensure that Americans had freedom of speech, were protected against "unreasonable searches and seizures" and received "a speedy and public trial" if faced with charges, among other recommendations. One of Madison's greatest challenges were out on the high seas. Great Britain and France were at war again, and American vessels were caught in the middle of it all.
How The Constitution Guards Against Tyranny The constitution, the american law. The constitution was made in Philadelphia in 1787 with the intent to replace the Articles of Confederation as the papers of american law. Because of the unfairness and the tyranny that the americans suffered at the hands of the british kings and rulers they set up the constitution in a way that certain writings would act as a guard against tyranny, an example of these guards are federalism, separation of powers, checks and balances, bicameral. Tyranny is defined by James Madison as “ The accumulation of all powers … in the same hands, whether of one, a few, or many (is) the very definition of tyranny.”
It was the declaration of freedom from the thirteen colonized state and it marked the first movement for independence not only in the United States, but this document was also able o inspire and influence the French Revolution that took place later on in France. Since France was already fighting against the British Crown, Louis XVI supported the American revolutionaries in their fight against the British. France already had lost territories in America to the British crown and in retaliation they assisted the rebellions in gaining their independence. BILL OF RIGHTS The Bill of Rights was a historical document that was drafted to create equality, libersty, and democracy in America. The Bill of rights was on the first documetns fo it’s kind
The requirement for diffusion of influence between the three branches of government is demonstrated in Federalist 26 claiming that "Congress, or our future lords and masters, are to have power to lay and collect taxes, duties, imposts, and excises. Excise is a new thing in America, and few country farmers and planters know the meaning of it” (Anti-Federalist 26). The Anti-Federalist intend to counter any potential for corruption with their premise, and represent the common man of the land who is not adequately represented in society. The Virginia State Constitution became a model for individual liberties in the years following the ratification of the Constitution, and Anti-Federalists fought to implement them into national legislature. They feared that a government that was too powerful would become a dictatorship and tyrannize its citizens, so in response their efforts against led to the implementation of the Bill of Rights to the Constitution in December of 1791.
The Bill of Rights is the first ten amendments to the United States Constitution. It was created to protect certain rights that were not obviously granted and protected in the Constitution. It does this extremely well. Philosopher John Locke spoke about how the people feared a government that was too powerful, they did not want a tyranny. They had just escaped the rule of King George and the English monarchy and they wanted a system of government with limited power.
There were four sections on the document and those were the preamble, a formal Declaration of Independence , list of grievances, and the signatures of state representatives. Moving along to the Bill of Rights, it was a document that was established by James Madison that guaranteed civil rights to an individual. Madison had originally shown congress 12 amendments but they would go on to ratify 10 and put them as the first 10 amendments on the bill of rights. What led up to the Bill of Rights was that the people of America wanted to be guaranteed that their rights would not be infringed. Which is what also makes the Bill of Rights so important because Stated by escorts.gov, it protects our religion, speech, assembly, and due process of law.
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
Madison’s essay reflects the fear many had of a tyrannical government and the desire to ensure that the country didn’t revert back to that which it had just escaped from. He notes the necessity to prevent any one faction or group from gaining too much power and oppressing those in the minority. The separation of powers was set in place to ensure that this could not happen. Even if one group decides they want something, the other two have the equal authority to prevent it should it not represent the country as a whole.
One with checks and balances to protect citizens from falling back into an absolutist form of government. Rights were seen as things for the government to protect, even on occasion from itself. The Bill of Rights, written by James Madison, declared citizens as free from the government, while also placing restrictions on governmental power. Government was now seen, not as apart of the people, but as an operation that serves the people. This differs from the previous views of the monarchy in England, where the people served the monarchy.
James Madison wanted to prevent tyranny so he framed a new Constitution because the Articles of Confederation wasn’t working. This constitution will include federalism, separation of powers, check and balances, and having the power of larger and smaller states balanced. Federalism is one way the constitution guards against tyranny. Federalism the powers given to states and central government and what powers they share.
“The accumulation of all powers… in the same hands, whether one, a few, or many… may be justly pronounced the very definition of tyranny. ”-James Madison. Fifty-five delegates, from the thirteen states, met in Philadelphia in May of 1787 to discuss and revise the Articles of Confederation. The chief executive and the representatives worked to create a frame for what is now our Constitution. The Constitution guarded against tyranny in four ways; Federalism that creates a State and Federal government, Separation of Powers that gives equal power to the three branches, Checks and Balances that create balance in the three branches by checking each other and being checked and the Small States vs the Big States ensures an equal voice for all states no matter what their size.