Questions and Answers
What was the primary feature of the New Jersey plan that distinguished it from the Virginia plan?
Which group advocated for the ratification of the Constitution and published essays in newspapers to present their arguments?
What was a significant consequence of the Federalists' concession regarding civil liberties?
How were judges appointed according to the compromises made at the Constitutional Convention?
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What was one major argument presented by the Anti-Federalists regarding the proposed Constitution?
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What main issue was identified with the Articles of Confederation?
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What was one key feature of the Virginia Plan proposed at the Constitutional Convention?
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Which alternative plan was introduced by William Paterson to address representation concerns?
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What process did the Virginia Plan propose for electing members of the upper house?
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What was the primary objective of the Constitutional Convention called in February 1787?
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What is suggested as a necessary principle when forming a government in relation to natural rights?
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According to the discourse, why might bills of rights be considered unnecessary in a Constitution?
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What is the main concern regarding the independence of the judiciary as described?
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How does Hamilton respond to the claim that the proposed Constitution lacks a bill of rights?
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What ultimate purpose is attributed to civil government based on the principles discussed?
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What are the only causes for which judges can be removed from office?
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According to the content, how do the judicial powers of the United States potentially impact state laws?
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Which characteristic distinguishes the proposed Supreme Court from the judicial system in England?
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What is the significance of the clause that states judges hold their positions during 'good behavior'?
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What does the phrase 'the laws of the United States must prevail' imply about the relationship between federal and state laws?
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Study Notes
Adoption of the United States Constitution
- The United States Constitution replaced the ineffective Articles of Confederation, which created a weak federal government that could not impose taxes or regulate commerce.
- The Confederation Congress convened in February 1787 to propose amendments, but delegates quickly decided to draft a new document.
The Constitutional Convention
- Delegates drafted the Virginia Plan, proposed by James Madison and Edmund Randolph:
- Increased federal powers with a bicameral legislature.
- Representation based on population in the House of Representatives (elected by the people).
- Upper house senators chosen by the lower house.
- William Paterson introduced the New Jersey Plan, favoring smaller states:
- Unicameral legislature with equal representation (one vote per state).
- An executive council rather than a single president.
- The Great Compromise merged both plans:
- Established a bicameral Congress with a House of Representatives and a Senate.
- House representatives based on population; Senate had equal votes per state.
- The executive would be chosen by an electoral college, with judges appointed by the president with Senate approval.
Ratification of the Constitution
- Federalists advocated for the new Constitution through essays in newspapers starting October 1787, while Anti-Federalists raised concerns.
- Ratification required nine states; by early 1788, five had approved.
- Major contention involved the absence of a Bill of Rights, which Federalists promised to address after ratification.
- The Constitution was ratified by June 1788; the new government began functioning by March 1789.
Necessity of Civil Liberties Protections
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Anti-Federalists' Concerns:
- Emphasized the need for a Bill of Rights to protect natural rights and liberties.
- Argued that insufficient protection could lead to government overreach.
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Federalist Response:
- Asserted that the Constitution's structure was sufficient for safeguarding rights.
- Claimed specificity in rights would be dangerous as it could imply powers not granted.
Nature of the Federal Judiciary
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Anti-Federalist Objections:
- Criticized the proposed judiciary as too powerful and independent, with judges unaccountable for errors.
- Worried such a judiciary would have the authority to override state laws, undermining state power.
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Federalist Perspective:
- Maintained judicial independence was necessary for impartial justice.
- Argued that judicial power was balanced by legislative accountability and limited to interpreting, not creating, laws.
Significance of Debates
- The debates between Federalists and Anti-Federalists highlighted foundational issues regarding governance, individual rights, and the balance of power within the new Constitution.
- These discussions informed the inclusion of the Bill of Rights, further shaping American democracy.### Judicial Power and the Constitution
- The judicial branch was designed to facilitate the abolition of state governments by gradually expanding federal authority and adapting to public sentiment.
- Judicial decisions on constitutional interpretation often arise in individual cases, forming precedents for future rulings, largely unnoticed by the general public.
Federalist No. 78
- Discusses the judiciary's necessity within the federal government, highlighting key factors such as appointing judges, their tenure, and inter-court relations.
- Judges hold office "during good behavior," providing a safeguard against legislative overreach, thus maintaining the judiciary's role as the least dangerous department of government.
- The executive holds power (the sword) and the legislature manages finances (the purse), while the judiciary lacks direct control over either, possessing only the power of judgment dependent on the executive for enforcement.
- The judiciary's authority to declare legislative acts void is not a claim of superiority over the legislature but an assertion that the Constitution’s supremacy must guide legislative actions.
- The judiciary interprets both the Constitution and statutes, favoring the Constitution in case of conflicts, reinforcing that the people's power is greater than both branches.
Federalist No. 80
- Federal courts are essential for enforcing federal authority over state laws, ensuring compliance with the Constitution.
- National courts provide unbiased judgment in cases where state courts may have conflicts of interest, emphasizing fairness in the legal process.
Federalist No. 81
- Concerns regarding the Supreme Court's power eclipsing legislative authority are addressed as exaggerated fears, given the judiciary’s comparative weakness and lack of enforcement capability.
- The reality of occasional judicial misinterpretation does not significantly disrupt the political order due to the judiciary's limited scope and the legislative ability to hold it accountable through impeachment processes.
Further Reading Recommendations
- Resources include works on the writing and ratification of the U.S. Constitution and primary Federalist and Anti-Federalist papers for deeper understanding.
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Description
This quiz explores the transition from the Articles of Confederation to the current United States Constitution. Understand the weaknesses of the initial governance structure and the necessity for a stronger federal government. Test your knowledge on this pivotal change in American history.
