The Federalist Papers 78 and 79: The Judiciary Branch After the Revolution, America was in a very bad place. We had recently overthrown what many believed to be a tyranny. While many people argued our government needed more power, they were afraid of giving too much power. Keeping the Articles of Confederation or planning an entire new government was debated. Congress decided we needed a change. The Articles of Confederation was good for that point and time it was created, but however, it was ultimately a failure. The United States had no way to levy taxes, therefore a plan was needed to come up with a way to pay off the debt from the war. Another issue: the inability to make and maintain an army. Our only defense was …show more content…
The Federalist Papers, written by Alexander Hamilton, John Jay, and James Madison to persuade the people to accept this document that gave the government more power. These papers summarized the need for a stronger central government. While there were others who supported this idea, there were others who feared a stronger central government. These men wrote the Anti-Federalist Papers, documents that were the complete opposite of Federalist views that called for less government than that of the states. A big issue was a decision of whether to use a judiciary system, or …show more content…
That if they had more power than just a simple court they could uphold the values of the country. Yes, there was the threat of abusing power, but it would be highly unlikely given the strict requirements to become a judge should deter anybody with bad intentions from becoming one. The idea was simply that why would someone trying to undermine the government go through the years of education necessary to gain the position. And if they ever did succeed then congress could simply remove them by will of the
As pointed out by Judge Justice, it was an “excellent barrier” to the “encroachments of the representative body,” (O’Brien 175) because of the court’s independence from
Many main drawbacks and problems for The Articles of Confederation were seen from the beginning. The strongest fault of the document was the national government had very little power, especially with the states. The central government could not even regulate how the states enforced or created their own rules causing them to run as their own mini-countries. The local government was overpowering the national government, and if the states didn’t cooperate then it would take unnecessary amounts of time to enact important decisions such as War and military drafts. This led the
When we made the Articles of Confederation, we did not see all of the problems that would come with it. This New Constitution could change all of that, with this we could finally give the government the power to collect taxes, and the power to create an army. These are just two of the many things that we could do with this New Constitution. There were many weaknesses that the Articles of Confederation had that made it so that when something needed to be done, we had to have a vote that 8 of the states had to agree to.
In the pages to come I will describe what was the goal of the Federalist papers? Challenges of the Constitution and how the federalist papers addressed these challenges. Then I will discuss taxation and why the constitution was the best solution. The American people, "after an unequivocal experience of the inefficacy of the subsisting Federal Government,"(Hamilton, Federalists paper #1) weren’t called on to consider the creation of a new Constitution.
Alexander Hamilton wrote the Federalist Papers which was a persuasive document appealing to the formation of a strong national government. In Federalist #78, Hamilton described his plan for a judicial system set up by the Federal Government that would interpret laws and hold them to the standard of the Constitution. In his essay, he remarked the judicial branch as the weakest of the branches. His reasoning behind this claim was that the judiciary posed the least threatening to individuals rights found in the Constitution. The judges themselves only held the power to interpret laws and strike them down during the legislative process.
The new America that was settled by the English who fled British tyranny and offered hope and freedom to the settlers sounded amazing. The reality was, however, that the Founding Fathers were not the beacon of a new Democratic Reform. They tried to sell the idea of a government run by the people and this wonderful democracy, but their main agenda was pushing their own ideals and keeping power in the wealthy. Modern day America still reflects this, although major improvements have happened since the late 1700s. Even though they were not as literal in the tyranny as England with monarchs and true classes, they still were a watered-down version of what they wished to escape.
John Adams said, “Liberty once lost, is lost forever.” This is the main reason the American Founders placed so many safeguards in our nation’s Constitution. Many ideas and theories the founders used when writing the Constitution were from philosophers of the Age of Enlightenment. Specifically, the French writer, Baron de Montesquieu was perhaps the most influential with his political ideas (We the People: The Citizen and the Constitution 25). The founders created the three separate branches: Executive, Judicial and Legislative, to ensure that America is never again governed by a tyrant; however, an intricate system of checks and balances is necessary in order to ensure the equality of these branches.
The Articles of Confederation vs The Constitution When the idea of replacing the Articles of Confederation was introduced to the American citizens, there were many different reactions to it. People got in lots of debates associated with the idea of the Constitution. After winning Independence against Great Britain on July 4, 1776 Americans created the Articles of Confederation as a form of national government and established their own state governments as well. After many years of having the Articles of Confederation as the source of government for the thirteen states, problems started to arise and people started to see the weaknesses in the Articles. Eventually some of the citizens wanted to revise the Articles of Confederation.
When our country started its own government, there were many weaknesses at first that were needing to be discussed. Without certain attributes, there couldn’t be a strong, healthy government. There were many people that thought that the Constitution needed something to back it up and make it stronger. Therefore, the Federalist Papers, and the Letter to Massachusetts Legislature were created. These documents, ultimately, impacted the government’s decision on the revision of the Constitution.
The Articles of Confederation and Perpetual Union were created to hold the United States of America together during times of war. In the Articles, the founding fathers granted most governmental powers to the states, leaving only those necessary for the war effort – primarily the declaration of war, the creation of peace treaties, and the conduction of foreign relations – to the federal government. In this system, individual states were given precedence over the entire nation – an aspect that led to its downfall after the Revolutionary War. The Articles of Confederation denied the federal government the ability to issue taxes and tariffs – a power so necessary to the new country’s success, and yet so feared by its forefathers. They supported
1. The Articles of Confederation had many problems that arose, especially with the national government. States were only issued to have one vote no matter what their population was, support for legislation had to be kept private, and the states had their own power. The Articles of Confederation did not let the national government ask for money, making it harder to achieve all the responsibilities. Individual state governments did not have to agree with any troop requests and could refuse to raise an army.
The Constitution today is used for numerous things in the US government; it is seen as the foundation of our country as it is an answer sheet for right vs wrong, or more so, guilty or not guilty in court. However, this great document of black and white wasn’t unanimously agreed upon by the great figures of America. In fact, the Constitution was highly controversial at the time; ones who proposed and supported the Constitution called themselves the Federalists as ones who were opposing of it were known as the Anti-Federalists. Just as their names are completely opposite, these groups of men had polar opposite ideas.
The Articles of the Confederation was written in the beginning, because the citizens of America feared the government. The people wanted a new system that was organized and protected its people from Wars, attacks, and most importantly a stronger and reliable economy. In my opinion, there were more weaknesses than strengthens: 1. Congress lacked the power to collect taxes. 2.
eorge Washington's response to the Whiskey Rebellion showed that the Constitution had fixed the issues that the Articles of Confederation had. The articles of confederation had many problems. One problem was that the states had more power than Congress had. This was a problem because Congress couldn't enforce the states to pay taxes, and Congress could not draft an army which left Congress not knowing if they had an army if they went into war.
The Federalist Papers No. 51 were written by either James Madison or Alexander Hamilton to address the various concerns the residents of New York had with the newly formed government provided to them and the other colonies via the Constitution, more specifically the purpose of the new structure of government, the separation into different branches of the government and each branch’s reliance on the people, and the system of checks and balances and duties placed on each branch among other things. The Federalist Papers No. 51 also explained the necessity of the government outlined in the Constitution and why the founding fathers found it best to arrange the new government the way they did. One of the main ideas addressed in the Federalist