Abstract This paper compares of two articles dealing with the ConstitutionalConvention process and North-South differences. It looks at the issue of slavery and the three-fifths clause to accommodate the South. It also examines the negotiation process at the conventions and the role of James Madison.
Abstract This paper examines how the forces for and against slavery, the ConstitutionalConvention of 1787, the slave rebellions, the free black issues and the ACS, the abolitionists and the 13th, 14th, and 15th Amendments greatly affected the issue of slavery through the end of the Civil War and the Reconstruction era. It looks at how all of these actions eventually led to the abolishment of slavery and the creation of civil rights for the newly freed black slaves and how these events and actions will always stand out as a turning point in American history.
From the Paper "The issues and demographics surrounding slavery were greatly debated at the convention. The states of the deep south wanted it maintained; the North and the middle south was opposed. However, alliances between states kept some of the Northern states voting with the deep south, and any prohibition in new slave imports or import taxes were defeated (USConstition.net at http://www.usconstitution.net/consttop_ccon.html). In exchange for a prohibition on export taxes, the South agreed to allowing the slave trade to continue for just 20 more years, and for imported slaves to be taxable. The Civil War, one of the most momentous events in American history, put constitutional government to its severest test as a long festering debate over the power of the federal government versus state rights reached a climax "
Tags: south, black, rebellion, amendment, civil, war
Abstract The paper examines how the U.S. government, under the Articles of Confederation adopted by the Thirteen Colonies in America, soon began to show serious faults and how Congress was powerless to enforce its legislation and was unable to obtain adequate financial support from the states. It looks at how at the ConstitutionalConvention met at Philadelphia in May, 1787, and while there was general consensus for the creation of the Constitution, opinions concerning how the United State government should be managed differed dramatically from state to state. It discusses the plans presented at the convention, and how the Connecticut (Great) Compromise was finally reached to bridge the desires of states with different political objectives.
Outline
The Virginia Plan
The Pinckney (South Carolina) Plan
The New Jersey Plan
The Hamilton (New York) Plan
The Connecticut (Great) Compromise
Conclusion
From the Paper "Wiliam Paterson proposed the New Jersey Plan on June 15, 1787. The New Jersey Plan was essentially a rebuttal to the Virgina Plan. Paterson and many of his small-state colleagues were concerned that the Virgina Plan favored larger states because everything it specified was proportinate to population. Smaller states such as New Jersey, New Hampshire, Maryland, Delaware, Connecticut and New Yorked feared that larger states such as Virginia, Pennsylvania, and Massachusetts would limit equal suffrage. Smaller states also believed that Southern states would soon become larger states with more voting clout. At the same time, the smaller states wanted just as much as the larger states to put an end to the rebellions and disorders that had arisen from the current state of the national government."
Tags: colonies, congress, conneticut, compromise, virginia, new, jersey
Abstract By understanding how the Articles of Confederation were holding the country together by the barest threads, we can see how the 1787 Convention shaped the Constitution of the United States of America and brought the country nearer to the form of a Federally controlled power.
Abstract This paper looks at the origins and objectives of the European Union's Constitution. Some of its shortcomings are explored, and the complications and difficulties that have arisen as a result of the constitution are also studied. The paper also looks at the legal implications of creating a European Constitution with respect to implementation, the appeals process, and dispute resolution.
From the Paper "The civil justice system in the United Kingdom is based on the precedent of common law rather than the "code Napoleon" of France and other European countries. In many ways, this has made it extremely successful: Hernando de Soto and others have commented on how the nature of private property had first been enunciated properly in the English-speaking word, and how civil institutions such as consumer lending were soon to follow. To many, the English system is a model for the world. However, the current system has developed internal complexities, which make it unintelligible to the layman."
Abstract The paper examines the nature of the constitutional debates between the Federalists and the anti-Federalists that led to the adoption of the US Constitution. The paper offers an understanding of the history both leading up to and during the period of debate. The paper relates that because of the debate that surrounded the document from the start, the terms of the Constitution are ambiguous, flexible and thus always open to debate.
From the Paper "The Constitution of the United States of America is perhaps the world's oldest written national constitution. Adopted on September 17, 1787, the Constitution is the result of a significant and heated debate between who have become known as Federalist and Anti-Federalist. It was largely due to the arguments and propaganda of these two groups that lead to the final form of the document that was adopted. This debate was far reaching in that it occurred physically both in the various forms of the constitutional conventions and in the streets and homes in the form of editorials."
Abstract This paper recounts the drafting, implementation, amendment, and eventual rejection of the Articles of Confederation. The paper states that its main failure was that it was aimed primarily to prevent usurpation of power by the government, rather than provide for effective governance. A more effective Constitution was drafted as a result, which reduced state sovereignty and allotted greater power to the central government. In summary, the paper contends that the Articles of Confederation reflected the fear of governmental usurpation of power and created a government so powerless it could not function, while the Constitution gave the new government the power it needed to function.
From the Paper "In Federalist # 51, James Madison argued that the government was structured to preserve liberty. No one branch could hold sway over the others, and judge, appointed by the other branches, would be selected for quality, not popularity. (Federalist # 51) By creating the checks and balances, the government could control public excesses, but could not itself usurp power. The legislature, the most dangerous branch, was the most checked. Meanwhile, the size of the nation would prevent mob rule, because factions would check one another. (Federalist # 51)"
This paper examines the constitution of the United Kingdom, specifically the "conventions" of law, their ability to be enforced, and the superior rule of law.
1,665 words (approx. 6.7 pages), 5 sources, MLA, $ 54.95
Abstract This paper explains that the United Kingdom (UK), or Great Britain, is considered a democracy, which operates under a parliamentary system in which the supreme authority is held by the legislature under a figurehead sovereign, who, for all intents and purposes, does not rule but does reign. The author points out that, due to conventions, the Queen generally will not act against the advice of her ministers, but her participation is a requirement, as is her approval. The paper relates that the sources of constitutionalconventions are those things that are acceptable and have been acceptable for a long time, things that society finds acceptable within the realm of its morals, beliefs, or principles, based on many years of compatibility and agreeability among the majority of society.
Table of Contents
Statement of Thesis
Introduction
Government of the UK and Great Britain
Parliament
The Legislature
The Executive
The Judiciary
The Crown
The House of Lords
The House of Commons
Political Parties
The Ministry and Cabinet
County Courts
ConstitutionalConventions Functions of ConstitutionalConventions Conclusion
From the Paper "An act of Parliament can make changes in the constitution or a new convention being established through usage and acceptance in general. An appointed committee released a report in 1973 which makes recommendation for revisions that were major in nature. These recommended revisions would permit the constituent parts within the United Kingdom to take the reins of control of their own affairs to a much greater extent. The government is composed of the Parliament which governs in the name of the Crown or Monarchy and is considered to be supreme. The three branches of the Parliament are the Legislature, Executive and Judiciary branches."
Abstract The paper attempts to illustrate how the difference between Carol Berkin's "A Brilliant Solution: Inventing the American Constitution", and Robert Middlekauff's "The Glorious Cause" is that of style. The paper compares the authors' treatments of the atmosphere before the Philadelphia Convention, the early part of the Convention and Madison. The paper shows how Middlekauff does a very professional job presenting material thoroughly, but his style is prone to factual narrative, while Berkin writes with a distinctive flair and descriptiveness of the various and diverse personalities.
Outline:
Introduction
Berkin on Pre-Convention Atmosphere
Middlekauff on Pre-Convention Atmosphere
Berkin on the Early Part of the Convention Middlekauff on the Early Part of the Convention Middlekauff on Madison
Berkin on Madison
Conclusion
From the Paper "Carol Berkin's narrative describing the mood of the delegates is focused on the fact that there was much skepticism as to whether the job could get done, whether after the Revolutionary War the young upstart nation could get it together. The "League of Friendship" that served as the temporary national government grew "more impotent, more lethargic, and more incompetent" with every new day (Berkin, 6). So it was definitely time for the leaders in the young nation to get going.
"Berkin (7-8) writes that historians tend to smooth over the rough edges that existed among the personalities who gathered in Philadelphia in May, 1787 behind "locked doors and bolted windows" to hammer out a constitution. The typical historian's view on the proceedings was that these were optimists, confident "manipulators" and "astute politicians," Berkin writes. And she is clearly not a typical historian. But she makes clear that the reality was that there was gloom and a lack of confidence going into the convention. The delegates were "anxious and uncertain," and there was a feeling that the representatives from 13 diverse colonies - with very different problems, attitudes, experiences and issues - would never be able to agree "on anything at all.""
Abstract The paper explains that, when the ConstitutionalConvention convened in Philadelphia during the summer of 1787 and the founders of the United States sought to put into writing the ideological basis for the nation they had recently created, slavery was an issue. The author points out that the perpetuation of slavery was a direct contradiction to their premise that "all men are created equal" and many members of the convention called for its abolishment. The paper relates that, instead, it was acknowledged by the convention that the southern economy could not function without it; slavery continued but only where it was indispensable; however, the Continental Congress did attempt to eliminate the trading of slaves between America and Africa.
From the Paper "Still, advocates for the rights of blacks were numerous in the early years of the United States. People like Anthony Benezet, Dr. Benjamin Rush, and Benjamin Franklin overtly urged blacks to oust their oppressors and to seek total equality (Meltzer, 31). In 1757, a Quaker named John Woolman routinely wrote of his reasoning for condemning slavery: "Men having power too often misapplied it; that though we made slaves of Negroes, and the Turks made slaves of the Christians, I believed that liberty was the natural right of all men equally." (Meltzer, 32). These were the people and principles that formed the United States, so when war broke out it was quickly recognized that forcing slave forces to fight was not in accord with the moral foundation of the nation."
Abstract This paper inherently implies that the United Kingdom once had a constitution and that it is questionable whether it continues to do so. It begins with an explanation of what a constitution is and debates its current part in U.K politics today. Evidence is considered from a breadth of sources including the law courts, the European Union, the Blair reforms of devolution and increased use of referenda and theoretical argument from inter alia Dicey, Montesquieu and Madison.
From the Paper "When people talk of a constitution they often misleading refer to the single, codified document that entrenches the "laws, customs and conventions which define the composition and powers of the State and regulate the relationship of various state organs to one and other and the private citizen" . This is misleading, because a constitution need not be codified, nor for that matter written down. The greatest example of the single document mantra is the USA, but arguments that the UK lacks a constitution simply because it lacks a vellum document authoritatively stamped with a seal are rarely taken seriously. ?Many of the laws and rules that describe and regulate Britain's political system are in fact written down."
Abstract This paper discusses the life and philosophies of Charles Pickney, It focuses on the United States ConstitutionalConvention of 1787 and explores Pickney's role at the Convention. It enumerates the evolution of his political philosophy over the course of his lifetime from a Federalist to a devotee of state';s rights.
From the Paper "The creation a system of government for the United States after the Revolutionary War was almost as difficult as the actual fighting of the war itself. The creation of the constitution was an inner and ideological struggle between the founding fathers of the nation, rather than an external struggle between military powers like the Revolutionary War. Still, it was a difficult and divisive time in our country's history. The great turning point the battle for setting up a new system of government to replace the Articles of Confederation was that of the Constitutional Convention of 1787. The convention oversaw the development of the Constitution that still, in amended form, governs the United States today. "
Tags: federal, government, constitution, United, States, Revolutionary, War, legislation, North, South
Abstract In 1848 an abolitionist convention was held in Seneca Falls. This paper analyzes the strengths and weaknesses of the Seneca Falls convention's final product: The Declaration of Sentiments - a document which contains a comprehensive listing of gender based injustices all of which the women in the convention vowed to abolish. The author of the paper draws a comparison between the Declaration of Sentiments and the American Declaration of Independence and touches on how the document related to African-Americans.
From the Paper "Every great social movement has a beginning. Very often, it is a great challenge to determine these exact origins. The women's rights or feminist movement is not different in this respect. It is not surprising that many ongoing discussions continue about this exact topic. The "Declaration of Sentiments" is probably not the very first piece of feminist writing, but it did signify that feminists would ac-cept nothing but a major change in the way that society treated women. The same was true for the Decla-ration of Independence. It was not the first pro-independence work created, but it did finalize the Continental Congress? decision to leave English rule. The Seneca Falls Convention is a significant event in the history of the abolitionist movement thus it is worthwhile to consider it closely."
This paper discusses the American Constitution as a living, evolving document, from guaranteeing the right to enslavement in the 18th century, to modifications in favor of freedom of slaves in the 19th century.
Abstract This paper explains that Frederick Douglass' argument, which characterized the American Constitution as an anti-slavery document, divided between free and slave states and territories, does not stand up to sustained legal and historical analysis of the original text of the American Constitution, as signed after the ConstitutionalConvention, and before the passage of the Emancipation Proclamation. The author points out that the first Constitution clearly was not an anti-slavery document, rather it functioned as the founding of a republic not a democracy, with a dim view of factional interests, including the rights of both slaveholders and slaves. The paper relates that the defenders of the American Union such as Abraham Lincoln used the Constitution to create an anti-slavery position leading to the passage of the Emancipation Proclamation.
From the Paper "Slavery, Douglass stated, deprives an individual of his or her dignity, deprives an individual American of the right to dispose of his or her person as he or she sees fit, and lastly deprives a potentially educated American citizen of the right to read and to obtain an education, even if he or she possesses the intellectual capacity to do so, and thus is a violation of the principles of American democracy. Douglass demonstrates that even marriage becomes corrupt in the enslaved states, a mere institution of breeding rather than of Christian love as it ought to be for, "slavery provides no means for the honorable continuance of the race.""
Abstract This paper explains that the United States Constitution was drafted by the ConstitutionalConvention of 1787 and is the supreme law of the land. The author points out that the Constitution consists of seven articles that distribute power among the legislative, executive and judicial branches of the federal government and the states. The paper relates that Article I establishes a Congress, the legislative branch, which includes the House of Representatives and the Senate, establishes the process of election and qualifications of members and outlines procedure, powers and limits of power. The paper presents the other articles in a similar manner.
From the Paper "Article II concerns the executive branch, and describes the procedures for selection, qualifications, powers and duties of the office. It also designates that the Vice President will become President should the President die, resign, or become incapacitated. This article also provides for the impeachment or removal of civil officers, including the President, Vice President, and Judges. The President and Vice President of the United States hold a four year term office, and are elected by electors, who are appointed by each state, of which the number is equal to the whole number of Senators and Representatives of each respective state."
