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Even though The Articles of Confederation won the Revolutionary War, there were many problems with the plan of government. The Articles of Confederation was made to prevent a strong national government and it only gave each state one vote in the Confederation Congress. It could not raise money and it only had one branch, the Legislature. In 1786, delegates from each state went to Philadelphia to draft a new Constitution for the United States. Fifty-five delegates came to Philadelphia convinced that the defects of the Articles of Confederation were so serious it would be better not to use them as a starting point. James Madison created a plan a government known as the Virginia plan. Under this plan, the national government would have the power to make and enforce its own laws, and to collect its own taxes. Two governments, the state and the national government would govern every citizen. The plan also included a Congress and three branches: the legislative, executive, and the judicial. Even though the Virginia plan barely passed, there were many disagreements to building the new constitution. Some issues were about the Bill of Rights, representation, and the presidency. After arguing and debating about these issues for some quite time, it’s no surprise that the Constitution of 1789 is known as a “Bundle of Compromises.” Article I of the Constitution deals with the legislative branch. The main debate in this area was about representation. The basis for the Virginia plan was proportional representation. The principle of proportional representation was based on the population on the state and was believed that larger states should have more representation because of the people’s voices. Smaller states wanted equal representation because they feared that larger states would run the national government. The voices in the smaller states would be left out and the Constitution would not preserve equality among the states. A special committee was made to make a compromise between representation. The compromise was called the Connecticut Compromise or the Great Compromise. The deal was that the House of Representatives would be proportional and the Senate would be equal representation. The House of Representatives would develop all bills for taxing and government spending and the Senate was limited to accepting or rejecting those bills. The two houses would form the national Congress. The legislative branch had enumerated powers. Section eight includes matters such powers as 1) to lay and collect taxes, 2) to pay the debts and provide for the common defense and general welfare of the United States, 3) to regulate commerce with foreign nations and states, 4) to declare war, 5) to raise an army and navy, and 6) to coin money. Other powers were clauses such as the necessary and proper clause and the supremacy clause. The necessary and proper clause was a law given to Congress to make any laws deemed “necessary and proper” for running the nation. The supremacy clause stated that the Constitution and all laws and treaties approved by Congress in exercising its enumerated powers are the supreme law of the land. The limits on Congress included 1) banning the slave trade before 1808, 2) suspending the privilege of the writ of habeas corpus – the right to hear what you are being charged for, 3) passing any ex post facto laws – laws that make an act a crime even though it was legal at the time it was committed, 4) passing any bills of attainder – laws that declare a person guilty of a crim and decrees a punishment without a judicial trial, 5) taxing anything exported from a state, 6) taking money from the treasury without an appropriation law, and 7) granting titles of nobility. Article II discusses the executive branch. The executive branch, which deals with negotiating treaties, conducting wars, nominating people for federal offices, and enforcing laws made by Congress, shares a lot of powers with the legislative branch. This was intended to keep the powers balanced and to provide each branch with a way to check the use of power by the other branch. The president could veto a bill if he deemed it not fit for law, but the Senate could override the veto with a 2/3rds vote. The president nominates the branch officials and federal judges, but the Senate has the power to approve or disapprove of the persons nominated. The president, on issues with treaties, would negotiate with other nations but the Senate would have to vote 2/3rds for it to pass. Although the president is the commander in chief, only Congress has the power to declare war. Congress also controls the money necessary to wage a war. Congress can impeach the president, members of the executive branch, and federal judges. The House of Representatives brings the charges, the Senate hold the trial and with a 2/3rds vote can an official be removed from office. Article III talk about the judicial branch. The judicial branch completes the system of separation of powers. The judiciary was given power to decide conflicts between state governments and to decide conflicts that involve the national government. The Framers created the Supreme Court as the head of the federal judiciary, and gave Congress the power to create lower federal courts. The Supreme Court handles two types of cases, appellate jurisdiction and original jurisdiction. Appellate jurisdiction is when cases have been tried in the lower court and have been appealed to the Supreme Court. Original jurisdiction are cases when the Constitution says are not to be tried in a lower court, but go directly to the Supreme Court. Such cases involve a state government, a dispute between state governments, and cases involving ambassadors. The Supreme Court also has judicial review. Judicial review is the power of the courts to declare laws and action of the local, state, or national government invalid if the courts decide they are unconstitutional. By having this rule, this branch has the power to ensure that the other branches do not exceed the limitations placed on them by the Constitution. This rule was first recognized the Supreme Court case Marbury v. Madison. While the anti-Federalist wanted a Bill of Rights so that the government could not take rights away from the people. Many Federalists argued that a Bill of Rights weren’t necessary. The Federalists stated that certain right were already included in the Constitution, such as ex post facto, no bills of attainder, and the writ of habeas corpus. After ten months of debating, an agreement to pass a Bill of Rights at the first Congress would be one of the first issues of business. The Bill of Rights grants every individual in country certain right that cannot be denied, such as due process, right to religion, and the right to bear arms. With the three branches and separation of powers, the checks and balances of our government are enforced while serving majority need of this country. The executive branch runs the national interest, the Senate runs the states’ interest, the House of Representatives run the local interest, and the judiciary runs the fundamental interests of our nation. Bibliography: Word Count: 1223
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