Malcolm Rivera
The Founding Fathers of the United States crafted a framework for the new nation's government, which included the writing and signing of the Declaration of Independence, the Articles of Confederation, and the Constitution. However, the Constitution in its original form did not include a bill of rights, which would ensure individual liberties. The Anti-Federalists, including Patrick Henry and Richard Henry Lee, criticized the document for failing to safeguard these liberties from the federal government. This led to the amendments proposed under the Bill of Rights, which include freedom of speech, religion, and press, as well as the right to a jury trial and the right to keep and bear arms.
| Characteristics | Values |
|---|---|
| Enforcement powers | Not included |
| Regulation of commerce | Not included |
| Ability to print money | Not included |
| Bill of Rights | Not included |
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What You'll Learn
No bill of rights
The original U.S. Constitution, signed on September 17, 1787, did not include a bill of rights. The Founding Fathers, or Founders, were divided into Federalists and Anti-Federalists. The Federalists, including James Madison, Alexander Hamilton, and James Wilson of Pennsylvania, were opposed to the inclusion of a bill of rights. They believed that the people and states retained any powers not explicitly granted to the federal government. Madison, for instance, viewed state bills of rights as "parchment barriers" that did not offer genuine protection against tyranny. Wilson and Hamilton also argued that enumerating the rights of the people would imply that rights not mentioned did not exist.
The Anti-Federalists, on the other hand, wanted power to remain with state and local governments and strongly favoured a bill of rights to safeguard individual liberty. Leading Anti-Federalists included Patrick Henry and Richard Henry Lee of Virginia, and Samuel Adams of Massachusetts. They criticized the Constitution for failing to protect individual liberties from the federal government. Henry, for instance, wrote that the legislature must be clearly informed of the rights retained by the people to prevent the government from assuming powers by implication.
The omission of a bill of rights in the original Constitution was described as "a political blunder of the first magnitude" by historian Jack N. Madison, initially an opponent of a bill of rights, eventually understood the importance of including one during the contentious ratification debates. He proposed amendments to the Constitution through Congress to preempt a second constitutional convention, which could undo the compromises of 1787 and potentially dissolve the new federal government. Madison, the principal author of the Bill of Rights, included the Ninth Amendment, which clarified that the absence of a right from the Bill of Rights did not mean that the right did not exist. The first ten amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791.
What Principles Guide the Constitution?
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No mention of Supreme Court
The United States Constitution, as originally drafted and ratified in 1787, did not include any explicit mention of a Supreme Court or a judicial review power. The absence of a Supreme Court in the original Constitution is a significant omission, considering the pivotal role that the Court has played in interpreting and shaping American constitutional law.
The omission was likely due to a combination of factors, including the fact that the concept of judicial review was not yet fully developed or widely accepted at the time of the Constitution's drafting, and the fact that the Constitution was designed to create a system of shared powers between the legislative, executive, and judicial branches, with a deliberate absence of a single, powerful central authority.
The idea of judicial review, the power of the courts to review and invalidate laws and actions of the executive and legislative branches, was a novel concept at the time. While the principle of judicial review was alluded to in Article III, which vests the judicial power of the United States in "one supreme Court", the specific power to strike down laws as unconstitutional was not explicitly spelled out.
The establishment of the Supreme Court and the recognition of its power of judicial review came about through a combination of political compromise and judicial interpretation. The Judiciary Act of 1789, passed by the First Congress, established the position of Chief Justice and five associate justices, outlining the structure and jurisdiction of the federal court system. This Act effectively created the Supreme Court as the head of the federal judiciary.
However, it was the landmark case of Marbury v. Madison in 1803 that firmly established the Supreme Court's power of judicial review. In this case, the Court asserted its authority to review the constitutionality of acts of Congress and declared a section of the Judiciary Act of 1789 unconstitutional, thereby establishing the principle of judicial review and the Supreme Court's role as the final arbiter of constitutional interpretation.
Over time, the Supreme Court has played an increasingly significant role in interpreting the Constitution and shaping American law and policy. Through its decisions, the Court has helped define the boundaries of federal power, protect individual rights, and resolve disputes between the states and the federal government. Despite its absence from the original text of the Constitution, the Supreme Court has become an You may want to see also The Founding Fathers of the United States were a group of late-18th-century American revolutionary leaders who united the Thirteen Colonies, oversaw the War of Independence from Britain, and established the United States of America. They crafted a framework for the government of the new nation, with the first constitution being the Articles of Confederation. This document gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The Constitution of the United States, as it stands today, is one of the longest-lived and most emulated constitutions globally. It was signed by 38 delegates on September 17, 1787, with an additional signature by George Reed on behalf of the absent John Dickinson of Delaware, bringing the total to 39. The Constitution, as drafted, was criticised by the Anti-Federalists, who contended that the document did not adequately safeguard individual liberties from the federal government. This led to the amendments proposed under the Bill of Rights, which included the First Amendment, protecting freedom of speech. The First Amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment has been interpreted to mean that the government may not jail, fine, or impose civil liability on people or organisations based on what they say or write, except in exceptional circumstances. The Supreme Court has held that restrictions on speech because of its content generally violate the First Amendment. For example, laws prohibiting people from criticising a war or advocating high taxes are unconstitutional content-based restrictions, as they distort public debate and contradict the principle of self-governance. While the First Amendment protects freedom of speech, it is not absolute. There are three situations in which the government can constitutionally restrict speech under a less demanding standard. Firstly, the narrow incitement exception deals with speech that aims to persuade people to commit imminent crimes. Secondly, the government may restrict political expenditures and contributions to "improve" the democratic process. Finally, the Supreme Court has never explained when speech that informs people about how to commit crimes in the future can be restricted. You may want to see also The original US Constitution, drafted in 1787, did not include a right to a jury trial in civil cases. This omission was criticised by Anti-Federalists, who argued that civil juries would be an effective defence against overreach and corruption from the federal government. The right to a jury trial in civil cases was eventually added to the Constitution in 1791, in the Seventh Amendment. This amendment protects the right of citizens to have a jury trial in federal courts in civil cases where the claim exceeds a certain dollar value. The exact text of the amendment is: > "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law." The Seventh Amendment also prohibits judges in these trials from overruling facts revealed by the jury. The original US Constitution also did not guarantee a right to a jury trial in state court proceedings. However, most state constitutions provided criminal defendants with the right to a jury trial. In 1968, the US Supreme Court ruled that the Sixth Amendment's right to a jury trial applied to the states. The Sixth Amendment, ratified in 1791, guarantees criminal defendants the right to a jury trial in federal court. The exact text of the amendment is: > "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..." The Sixth Amendment right to a trial by jury is now a staple in criminal law. You may want to see also The Founding Fathers of the United States were a group of late-18th-century American revolutionary leaders who united the Thirteen Colonies, oversaw the War of Independence from Great Britain, established the United States of America, and crafted a framework of government for the new nation. The Founding Fathers include those who wrote and signed the United States Declaration of Independence, the Articles of Confederation, and the Constitution of the United States. The Constitution, as drafted, was criticised by the Anti-Federalists, who contended that the document failed to safeguard individual liberties from the federal government. The criticisms led to the amendments proposed under the Bill of Rights. The Second Amendment to the U.S. Constitution states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The Second Amendment has been interpreted by the Supreme Court as protecting an individual's right to bear arms. The Court analysed the term "bear" and wrote that, in the 1700s, "bear" meant "carry". However, when combined with "arms", the meaning changes to indicate a right to carry arms "for a particular purpose — confrontation". The Court also noted that nine state constitutions at the time provided rights to their citizens to "bear arms in defence of themselves and the state", or "bear arms in defence of himself and the state". In summary, the right to bear arms generally refers to a person's right to possess weapons. A person does not need to join a militia to receive the Second Amendment's guarantees to keep and bear arms. Instead, it guarantees that people have a right to "possess and carry weapons in case of confrontation". The Second Amendment has roots in English history, with English subjects and American colonists understanding it to be a fundamental right. You may want to see also The Articles of Confederation was the original form of government in the United States. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The Founding Fathers created the U.S. Constitution to set up a fair and balanced government and address the issues with the Articles of Confederation. The original Constitution did not include a "'bill of rights' ensuring individual liberties. This omission led to the amendments proposed under the Bill of Rights, which include the right to freedom of speech, religion, and press, as well as the right to a jury trial and the right to keep and bear arms.Who Commands the US Armed Forces?
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