...a flawed view of rights, believing the bill of rights to be an exhaustive list, there are more rights contained in the body of the constitution. As Alexander Hamilton stated in Federalist 84, “The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.” Rights that are contained in the Constitution are as follows; the writ of habeas corpus, a ban on ex post facto, and the right to establish intellectual property. The writ of habeas corpus prevents the government from imprisoning suspected criminals without disclosing the reason for detainment. The ban on ex post facto laws prevent legislation from being...
Words: 769 - Pages: 4
...that a committee be appointed to prepare a Declaration of Rights and . . . plan of government." R. H. Lee's resolution of June 7, 1776, implemented the first of these resolutions and precipitated the appointment of the committee to draw up the Declaration of Independence; the second proposal was carried out by the framing of Virginia's first state constitution, of which this declaration was an integral part. It is notable for containing an authoritative definition of the term militia in Section 13....
Words: 451 - Pages: 2
...original Constitution, ratified by the states, contained very few individual rights guarantees, as the framers were primarily focused on establishing the machinery for an effective federal government. As adopted, the Constitution included only a few specific rights guarantees: protection against states impairing the obligation of contracts, provisions that prohibit both the federal and state governments from enforcing ex post facto laws (laws that allow punishment for an action that was not criminal at the time it was undertaken) and provisions barring bills of attainder. The framers, and notably James Madison, its architect, believed that the Constitution protected liberty primarily through its division of powers that made it difficult for an oppressive majorities to form and capture power to be used against minorities. In the ratification debate, Anti-Federalists opposed to the Constitution, complained that the new system threatened liberties, and suggested that if the delegates had truly cared about protecting individual rights, they would have included provisions that accomplished that. With ratification in serious doubt, Federalists announced a willingness to take up the matter of a series of amendments, to be called the Bill of Rights, soon after ratification and the First Congress came into session. The concession was undoubtedly necessary to secure the Constitution's hard-fought ratification. Thomas Jefferson, who did not attend the Constitutional Convention...
Words: 853 - Pages: 4
...States History Professor: 9/30/12 The Articles of Confederation were a great start to shaping and unifying our country, but it was just that, a “start”. It needed to take the country as a whole into consideration in order for it to hold this unity in place. The Articles of Confederation led to the Constitution of the United States. Although similar in some aspects, very different in others. The articles had many weaknesses that were changed in the Constitution. There were many compromises made between the states in order to effectively draft the Constitution. Roger Sherman’s Plan kept the Constitutional Convention together which was later known as the Great Compromise. The fight for the Constitution had just begun and the ratification processes needed to take place. Even with some states being in favor of the Constitution it would take time to get the nine states needed to complete this process. The states in favor would called themselves The Federalist and those opposed were called the Anti-Federalist. The Federalist set out to change the mind of the remaining states with a series of letters that were written to newspapers. The Articles of Confederation were used as a base for the Constitution. The ideas from the Articles of Confederation were used in the writing of the Constitution. Both the Articles and the Constitution established “federal” systems of multiple sovereigns whose continued existence was constitutionally guaranteed. Despite the fact that both the...
Words: 1610 - Pages: 7
...The authority to amend the Constitution of the United States is from Article V of the Constitution. When Congress proposes amendment, the Archivist of the United States, heads the National Archives and Records Administration, has the responsibility for administering the ratification under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describes the ratification process. The Archivist and the Director of the Federal Register follow procedures and customs made by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until National Archives and Records Administration assumed responsibility as an independent agency in 1985 (The U.S. National Archives and Records Administration, 2012). The Constitution provides that an amendment can be proposed either by the Congress with a two-thirds majority vote in both House of Representatives and the Senate or by constitutional convention called for two-thirds of the State legislatures. None of the amendments of the Constitution have been proposed by constitutional convention. The Congress proposes an amendment as a resolution. The President does not have a constitutional role in the amendment process and the joint resolution does not go to the White House to be signed or approved. The original document is...
Words: 1377 - Pages: 6
...| Historical Essay: | Confederation and Constitution | | Jason Sherman | | | The Articles of Confederation, the first constitution of the United States, was adopted by the Continental Congress on November 15, 1777. However, sanction of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, which resulted in most of the power residing with the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787. The present United States Constitution replaced the Articles of Confederation on March 4, 1789 (Researchers, 2013). Some weaknesses of the Articles of Confederation that ultimately resulted in failure were the fact that each state only had one vote in Congress, regardless of size, Congress did not have the power to tax, Congress did not have the power to regulate foreign and interstate commerce, there was no executive branch to enforce any acts passed by Congress, there was no nation court system, Amendments to the Articles of Confederation required a unanimous vote, and laws required a 9/13 majority to pass in Congress. Under the Articles of Confederation, states often argued amongst themselves. They also refused to financially support the national government, who was also powerless to enforce any acts it did pass. Some states began making agreements...
Words: 1490 - Pages: 6
...DBQ Essay-Ratification of the Constitution: The Federalists’ Stance The ratification of the constitution was a process which was very controversial and tedious. The people chose sides because they were undereducated about the constitution and were easily influenced. The Federalists’ supported the ratification of the constitution because the Articles of Confederation was falling apart and was causing many domestic and foreign distresses. Massachusetts was perhaps most against the new constitution but even the editor of the Massachusetts Sentinel had to agree that the A.O.C could not be. The editor writes in his newspaper of the many domestic and foreign issues facing our country. He describes them as such “… the complaints of our farmers… the complaints of every class of public creditors…the melancholy faces of our working people…our ships rotting in our harbors…the insults that are offered to the American name and character in every court of Europe…View these things fellow citizens, and then say that we do not require a new, protecting, and efficient federal government if you can.” The editor proves how deplorable the domestic issues are and how pitiful the foreign are getting. He recognizes many issues that anti-federalists overlook in hunger for power control. This editor says that these domestic and foreign issues are a result of the A.O.C and that change was required to ease the hardships the American people were facing. Even what some people consider our nation’s...
Words: 663 - Pages: 3
...International Convention for the Unification of Certain Rules of Law relating to Bills of Lading ("Hague Rules"), and Protocol of Signature (Brussels, 25 August 1924) The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King of Romania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay, HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading, HAVE DECIDED to conclude a convention with this object and have appointed the following...
Words: 3340 - Pages: 14
...Primary Source Paper 2 Identify and Summarize The Constitutional Convention’s Debates on Slavery took place in 1787 and was reported by James Madison. James Madison was a white male born in Virginia and was the leading delegate for his state of Virginia in the Constitutional Convention’s Debates on Slavery. He also became the chief recorder of information because he took an abundance of detailed notes. The notes that James Madison took during the Debates on Slavery were published right after the convention concluded. It was published for the public to view in the thirteen states, even though Rhode Island did not have a representative at the convention. It was the public who pushed for the delegates to meet in Philadelphia to revise the Articles...
Words: 1962 - Pages: 8
...Bill of Rights and Amendments Salvatore Coco HIS/301 AUGUST 15, 2013 Christina Winn Bill of Rights and Amendments Although the Constitution was written primarily to define and represent the ideals and dreams of men for freedom of life; liberty, and the pursuit of happiness, there were many imperfections because of the compromises required to get the document ratified by the states involved. Amendments to the Constitution were added to correct these deficiencies, including the Bill of Rights and the first 10 amendments. However, the Bill of Rights still did not adequately address the issues of slaves. Amendments 13, 14, and 15 were added in an attempt to fulfill the gaps left by the original 10. These amendments were also a precursor to future amendments addressing civil right issues during the Civil Rights movement. How and Why Amendments are added to the Constitution The Constitution was approved in 1788, including Article V stating how amendments would be added. Amendments were needed either as an improvement, a correction, or an addition. There are two ways to pass an amendment although only one has ever been used. The first method takes two-thirds of the house and Senate and three-fourths of the states to have a proposed amendment ratified. The second method, although never used requires a Constitutional Convention to be called by two-thirds of the House...
Words: 1743 - Pages: 7
...Despite the concerted efforts of Patrick Henry and all of the rest of the Anti-Federalists, James Madison had succeeded in sponsoring the Bill of Rights and preventing the nation from suffering the consequences of a second constitutional convention. The first two amendments put forward by Congress fell short of ratification and were discarded. Thus, we have a Bill of Rights with 10 amendments. Over the more than 225 years since ratification, the Bill of Rights has assumed greater and greater importance. Originally the Bill of Rights was mostly intended to limit the powers of the new government, however, since then it has become fundamental in securing the rights of citizens against the state and the government. Eventually the Fourth through...
Words: 414 - Pages: 2
...Bill of Rights and Amendments Paper Jeremy Hall, Sheila Henderson, Sondra Lettsome, Elvina Scott, Desmond Thomas University of Phoenix U.S. Constitution HIS/301 Dr. John Theis November 10, 2011 Bill of Rights and Amendments Paper The founding fathers of our country had it right when they put in place an irrefutable plan of action and order. Although many things have changed since the inception of the original documents, the process and ways of which something must be done and adopted remains viable to us today. This example is not only found in the legislative democracy but also in the educational, religious, and social genres of the world. The constitution shares with all who take the time to peruse, the reasoning behind it, the amendments that are attached, and the rights of each person living the American Dream. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b (Archives.Gov.) If two-third of the number of votes of both the Senate and the House of Representative are in favor an amendment can be proposed by the Congress. Otherwise, two-thirds of the legislatures of the fifty states can call for a constitutional agreement for the purposes of proposing amendments to the Constitution. After an amendment to the Constitution has been proposed, it must be ratified...
Words: 1195 - Pages: 5
...THE BILL OF RIGHTS UNDER 1987 PHILIPPINE CONSTITUTION: A FUNDAMENTAL PRINCIPLE IMPORTANT TO FILIPINOS Thesis Statement: As democratic countries raised in the world, we people should know our rights in order us to protect or defend our credibility from any violations against our will. I. Introduction: Historical Context, definition of bill of rights and philippine constitution, and thesis statement II. History of the philippine constitution A. Articles 1. Bill of Rights a. Most important section b. Least important section B. Basis of the Constitution C. Implementation from 1987-1999 D. Implementation from 2000- present III. Impact of having bill of rights A. In the first day of implementation 1. To poor people 2. To middle class people 3. To rich people B. In the present IV. Importance of having bill of rights A. Present 1. Society a. As students 2. Government b. As leaders 3. Industry a. As professionals b. As skilled workers B. Future V. Effects of having bill of rights A. International 1. Economic talks 2. Sovereignty talks 3. Peace talks B. National or Local VI. Conclusion: In 1986, after the People Power Revolution which ousted the reigm of President Ferdinand Marcos, and following the inauguration of President Corazon Aquino as the first female president of the Philippine Republic, she issued Proclamation No. 3, which declare the national...
Words: 507 - Pages: 3
...Party most famously included: Alexander Hamilton, James Madison, and John Jay. Their overall vision was to create a strong, central government. Moreover, they were against the Bill of Rights, favored the Constitution, and supported the urban areas. They felt that a stronger national government and the ratification of the Constitution would help relieve the tensions following the American Revolution and would help properly manage the debt. Hamilton guaranteed the delegates that the Constitution would create a perfect balance between liberty and power. Anti-Federalists who opposed the ratification insisted that the Constitution would focus more on the latter. The benefits of Federalism include a protection against tyranny, since the power is divided between the national government...
Words: 572 - Pages: 3
...What type of government did the Federalists intend on creating? What type of government did the Antifederalists intend on creating? What was the major disagreement between the two factions? The Federalists intended on creating a stronger national government while the Antifederalists intended on creating a weaker national government. The Federalists supported the ratification of the Constitution while the Antifederalists didn’t until the Bill of Rights was added because they felt a powerful central government would threaten the liberties of citizens. 6. What are some criticisms of the separation of powers? Some criticisms of the separation of powers would be that it creates a stalemate when making policies, makes it harder to make decisions quickly and effectively in an emergency, and hurts our global leadership position. 7. Which concepts of government introduced in the Articles of Confederation were maintained in the Constitution? The concept of having a legislative branch persisted and Congress retained its ability to make peace, coin money, run the post office, and control the army. 8. What was the purpose of the Federalists papers? What...
Words: 573 - Pages: 3
