James Kent's Commentaries On American Law

James Madison’s Federalist 10 was written amid criticisms that a republican form of government had never been successful on a large scale. Madison’s argument was that a well-constructed union could control factions. He argued that in order to control factions from their causes, we would need to either give up liberty or free thought. Since we cannot infringe upon these two natural rights, we must move on to controlling the effects. A republic, Madison argues, would be able to do this because the people choose the representatives, and they choose representatives who they feel best represent their opinions.

In William Brennan’s view on the American Constitution he focused on human dignity to determine his interpretation. As he states in his essay, “But we are an aspiring people, a people with faith in progress. Our amended Constitution is the lodestar for our aspirations. Like every text worth reading, it is not crystalline.” (Brennan).

• A president needed to be elected • Many Americans thought that the government was the main threat to their rights • James Madison wrote that the government had to be powerful enough to protect people’s rights, but not so strong that it could control rights of people • By May 25th, the convention was officially underway • George Washington was very admired by most Americans • Delegates decided on the rules for the next convention

John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

Hence Federalists came up with the Bill of Rights as a way to get the Constitution ratified and for people to really see a needed change. The Bill Of Rights which lists specific prohibitions on governmental power, lead the Anti-Federalists to be less fearful of the new Constitution . This guaranteed that the people would still remain to have rights, but the strong central government that the country needed would have to be approved. The 1804 Map of the nation shows that even after the ratification of the United States Constitution there still continued to be “commotion” and dispute in the country.(Document 8) George Washington stated that the people should have a say in the nation and government and everything should not be left to the government to decide.(Document 3) Although George Washington was a Federalist many believed he showed a point of view that seemed to be Anti-Federalists. Many believed that The Bill of Rights needed to be changed and modified and a new document’s time to come into place.

Throughout United States history there have been numerous issues, constitutional and civic, that Americans have debated. One of these constitutional issues that Americans debated, is the ratification of the Constitution. Federalists and Anti-federalists debated over the Constitution’s ratification for years. As a result of these debates, efforts by individuals, government, and groups, such as the Federalist Party, and James Madison, were made to address this issue. These efforts were very successful.

“We the people of the United States, in order to form a more perfect Union…” The U.S. Constitution came into power in 1789, replacing the Articles of Confederation, which was a complete and utter failure. Therefore, the colonies needed to establish a government, but not just any sort of government, a government with limited power. With this in mind, The Constitution was written exclusively to limit powers in the government. The U.S. Constitution wasn’t designed to make a pure democracy, it wasn’t designed to be a monarch, it required taking certain rights away from people in order to protect the future of the nation.

James Madison, founding father and fourth president of United States wrote the federalists paper number 10 in favor of the constitution. He believes that constitution is the only way to keep balance and control any problem this country faces. He uses faction as an example and talks about how it can cause problems but most importantly how to deal with the problems. He defines faction as groups of people who came together to promote their own interests and opinions. He said that these groups take advantage of the public and violate their rights.

However this idea was eventually scrapped and they wrote a whole new constitution. This constitution would protect America from tyranny, so they could keep a civilized and united country. The Constitution that was made helped defend America from almost all types of tyranny and is still helping us hundreds of years later. One way the Constitution prevented tyranny is by supporting Federalism.

The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.

In Danielle Allen’s article for The Atlantic, “The Flawed Genius of the Constitution,” she explores her opinion regarding the U.S. Constitution through analyzing its origin along with its current standing as a historical document. The Constitution is arguably one of the most fundamental legal documents that continues to define our nation today. However, the foundation of the Constitution and its initial implications have been frowned upon for decades. Two of the most essential aspects of the Constitution, universal suffrage and freedom for all, were not defended by the document upon its initial ratification. As such, to be “in support” of the constitution is a convoluted claim with many connotations; in her article, Allen works to sort through

The Anti- Federalists claimed the Constitution gave the central government an excessive amount of power, and while not a Bill of Rights the folks would be in danger of oppression. Both Hamilton and Madison argued that the Constitution did not want a Bill of Rights, that it might produce a "parchment barrier" that restricted the rights of the folks, as critical protective

The Constitution—the foundation of the American government—has been quintessential for the lives of the American people for over 200 years. Without this document America today would not have basic human rights, such as those stated in the Bill of Rights, which includes freedom of speech and religion. To some, the Constitution was an embodiment of the American Revolution, yet others believe that it was a betrayal of the Revolution. I personally believe that the Constitution did betray the Revolution because it did not live up to the ideals of the Revolution, and the views of the Anti-Federalists most closely embodied the “Spirit of ‘76.” During the midst of the American Revolution, authors and politicians of important documents, pamphlets, and slogans spread the basis for Revolutionary ideals and defined what is known as the “Spirit of ‘76”.

Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

In America 's legal system there are five sources of law. Those include constitutions, pieces of legislation, executive orders, rules and regulations made by administrative bodies, and judicial decisions. They each have a very distinguish relationship with each other. Each source go together hand in hand to make up constitution and it 's amendments when it comes to the regulations of the law. Also when discussing which is better for today 's usage, common law or code law the choice is obvious.