States rights v nationalism essay

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States rights v nationalism essay

Signing the ConstitutionSeptember 17, On the appointed day, May 14,only the Virginia and Pennsylvania delegations were present, and so the convention's opening meeting was postponed for lack of a quorum.

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Eventually twelve states were represented; 74 delegates were named, 55 attended and 39 signed. Two plans for structuring the federal government arose at the convention's outset: The Virginia Plan also known as the Large State Plan or the Randolph Plan proposed that the legislative department of the national government be composed of a Bicameral Congress, with both chambers elected with apportionment according to population.

Generally favoring the most highly populated states, it used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties.

States rights v nationalism essay

Generally favoring the less-populous states, it used the philosophy of English Whigs such as Edmund Burke to rely on received procedure and William Blackstone to emphasize sovereignty of the legislature. This position reflected the belief that the states were independent entities and, as they entered the United States of America freely and individually, remained so.

On June 13, the Virginia resolutions in amended form were reported out of committee.

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The New Jersey plan was put forward in response to the Virginia Plan. A "Committee of Eleven" one delegate from each state represented met from July 2 to 16 [31] to work out a compromise on the issue of representation in the federal legislature.

All agreed to a republican form of government grounded in representing the people in the states. For the legislature, two issues were to be decided: In its report, now known as the Connecticut Compromise or "Great Compromise"the committee proposed proportional representation for seats in the House of Representatives based on population with the people voting for representativesand equal representation for each State in the Senate with each state's legislators generally choosing their respective senatorsand that all money bills would originate in the House.

There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of the federal judiciary. Overall, the report of the committee conformed to the resolutions adopted by the Convention, adding some elements.

A twenty-three article plus preamble constitution was presented. Details were attended to, and further compromises were effected. Several of the delegates were disappointed in the result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony, and three others refused to sign.

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Of the thirty-nine signers, Benjamin Franklin summed up, addressing the Convention: Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present.

The new frame of government that the Philadelphia Convention presented was technically only a revision of the Articles of Confederation. After several days of debate, Congress voted to transmit the document to the thirteen states for ratification according to the process outlined in its Article VII.

Each state legislature was to call elections for a "Federal Convention" to ratify the new Constitution, rather than consider ratification itself; a departure from the constitutional practice of the time, designed to expand the franchise in order to more clearly embrace "the people".

The frame of government itself was to go into force among the States so acting upon the approval of nine i. They proceeded at once to New York, where Congress was in session, to placate the expected opposition.

Aware of their vanishing authority, Congress, on September 28, after some debate, resolved unanimously to submit the Constitution to the States for action, "in conformity to the resolves of the Convention", [39] but with no recommendation either for or against its adoption.

Two parties soon developed, one in opposition, the Anti-Federalistsand one in support, the Federalistsof the Constitution; and the Constitution was debated, criticized, and expounded upon clause by clause.

HamiltonMadisonand Jayunder the name of Publiuswrote a series of commentaries, now known as The Federalist Papersin support of ratification in the state of New Yorkat that time a hotbed of anti-Federalism. These commentaries on the Constitution, written during the struggle for ratification, have been frequently cited by the Supreme Court as an authoritative contemporary interpretation of the meaning of its provisions.Introduction The conventional wisdom, including statements by the U.S.

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States rights v nationalism essay

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