The Process That Created the United States Constitution

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The Process That Created the United States Constitution

The creation of the Articles of Confederation marked the beginning of the constitutional making journey in the United States. The American continental congress approved the articles of configuration, which is regarded as the first constitution of the United States on 15th November 1777. The Articles of Confederation created a weak central government and several sovereign states (Klaman 1). The onset of peace in the United States necessitated an objective review of the American constitution to come up with a come comprehensive, inclusive, and progressive constitution that could consider the different views and interests of the vast American society.

The constitutional convention gathered in Philadelphia in 1987 and swore an oath of secrecy that enabled them to express their opinions freely about the future of American society in terms of the constitution. Some of the thorny issues that sparked intense debates included the nature of representation (Klaman 3). For example, whether to consider slaves as a legitimate part of American society. Though the initial aim of the delegates was to review the articles of confederation, the idea of redesigning the government was birthed by June 1987 (Brinkley 15). After prolonged debate, the delegates selected a special committee that was to document the decisions of the committee. All the 23 articles were finally condensed into a final seven articles by another special committee known as the committee of style and arrangement.

A total of 38 delegates finally signed the constitution in September 1787. George Reed signed on behalf of John Dickinson, who was absent to bring the total number of signatures for the delegates to 39. The delegates came up with a constitution that championed for a strong central government, together with several regional governments.

The Importance of Alexander Hamilton’s Philosophy to the New Government

Alexander Hamilton played a key role in shaping the structure and philosophy of the new government of the United States. For instance, Hamilton contributed significantly to the ratification of the constitution by writing 51 installments out of the total 85 episodes of the Federal papers (Hamilton 25). The 51 installments developed by Hamilton remain critical references for constitutional interpretations to date.

Hamilton’s philosophy advocated for a strong central government as the best way to achieve unity and efficiency in running the new government of the United States. According to Hamilton, achieving unity in the United States would require abolishing the states completely (Hamilton 25). Consequently, Hamilton’s philosophy supported the creation of the current strong Federal government and the state governments, which are partly independent. Generally, Hamilton’s philosophy played a key role in the ratification of the American constitution (Hamilton 25). He was selected as part of a team of three distinguished delegates who were expected to champion, review, fine-tune, and shape the new constitution of the American people. Hamilton developed his philosophical influence through his experience at war as well as through his training in law at King’s College, where he passed the bar exams.

Hamilton also served as the first head of the United States treasury, where he used his philosophical background to outline and streamline the functions and future operations of the American treasury. For instance, Hamilton promoted the principle of a national banking system and also encouraged the national treasury to take responsibility for state debts (Hamilton 238). The philosophical framework that Hamilton established at the National treasury has continued to shape the operations and strategic framework of the American treasury to date.

The First Two Political Parties in the United States and How Foreign Policy Played A Role In Their Formation

The first two political parties in the United States were the Federalist Party and the Democratic-Republican Party. The Democratic-Republican party was also known as the anti- Federalist Party (Brinkley 52). The ratification of the United States constitution was the main factor that shaped the ideology and composition of these two parties (Tucker 211). The people who supported the ratification of the American constitution belonged to the Federalist Party, while the opponents of the ratification of the constitution were from the Democratic-Republican Party.

Foreign policy also influenced the formation of the first two political parties in the United States. The formation of the Federalist Party and the Democratic-Republican Party occurred at a time when there was widespread disagreement between France and Great Britain (Tucker 211). At the time, the parties were formed at a time when the United States was trying to formulate the foreign policies that would enable the country to position itself as a significant global political and economic player (Brinkley 16). Consequently, the decision on whether to remain neutral or not on such foreign matters also shaped the formation of the two parties in the United States. For instance, the Federalist Party supported the taking of a neutral position regarding the entanglement between France and Britain. On the other hand, the Democratic-Republican party opposed the perceived domineering tendencies of the United Kingdom against other countries such as France (Tucker 211). Consequently, the anti-federalists support active engagement of the United States on foreign political and economic issues, which included keeping a close watch over the actions of the United Kingdom on foreign relations.

Why the Louisiana Purchase Caused a Constitutional Problem for Thomas Jefferson

Louisiana purchased caused a constitutional problem for Thomas Jefferson because of the interesting dynamics that defined the action. For instance, opponents of the Louisiana Purchase argued that President Jefferson extended the limits of the presidency and ignored his political inclination towards the Republican Party when deciding the Louisiana Purchase. Essentially, the Louisiana Purchase caused a significant constitutional problem for Thomas Jefferson because there was a feeling that President Thomas did not have the legal capacity to strike a huge deal in the magnitude of purchasing large foreign territories like Louisiana. Additionally, most members of Jefferson’s cabinet opposed his admission that the president and the constitution did not provide feasible grounds for purchasing foreign territories. Most of the members of the cabinet believed that President Jefferson could go-ahead to sign the treaty without amending the constitution. Such mixed reactions and divergent opinions from several key government officials, including the secretary to the state, made the whole exercise of Louisiana Purchase to be viewed as a constitutional crisis. This perceived constitutional crisis is what compelled President Jefferson to seek a constitutional amendment to enhance his capacity and that of his government to make a legal treaty of purchasing Louisiana.

Interestingly, some members of Congress began to bring divergent opinion regarding the deal after President Jefferson had ultimately given in to the demands of the cabinet to go ahead with the purchase. Some members of Congress argued that France did not have legitimate ownership of the island. Finally, the majority of the senators voted in favor of the purchase and argued that the deal was constitutional. Consequently, the divergent opinions and several constitutional setbacks involved in the deal explain why the Louisiana Purchase was a constitutional crisis.

How John Marshall Establish the judiciary as a co-branch of the government?

John Marshall served the American judiciary for more than three decades. He was the fourth head of the United States judiciary and became the chief justice in 1801. During this period, Marshall contributed to building the independence of the judiciary as an independent branch of the government (Zellar 6). Specifically, he entrenched the role of the judiciary as a key player and an independent part of the United States federal government. Marshall also reinforced the judicial code, which empowered the federal courts to perform a judicial review and to overturn laws that dishonored the spirit of the American constitution (Zellar 6). John Marshall asserted the critical role of the judiciary to make judgments on issues touching on the constitutionality of decisions of both the president and Congress. Such powers entrenched the autonomy of the judiciary as an independent arm of the government (Zellar 6). For instance, granting the judiciary the powers to review and make a judgment on the actions of the President and Congress proved the critical role of the judiciary in assessing, evaluating, and determining the constitutionality of all executive orders and other government actions.

There are several other rulings that Marshal made, which affirmed the critical role of the judiciary as an equal and important branch of the government that could shape and influence the economics, politics, and other key tenets of the American economy. For instance, in McCulloch v. Maryland, Marshall ruled that the United States Constitution was an essential critical outline that permitted the government to carry out essential and necessary projects and businesses. This ruling prompted the creation and growth of more commercial banks in the United States, which ultimately led to the economic stability of the country.

Works Cited

Brinkley, Alan. The unfinished Nation (8th ed.). AL: Columbia University.

Federici, M. P. (2012). The political philosophy of Alexander Hamilton. Baltimore, Johns Hopkins University Press.

Klarman, M. J. (2016). The Framers’ Coup The Making of the United States Constitution. New York: Oxford University Press.

Tucker, S. (2014). The Encyclopedia of the wars of the early American republic, 1783-1812: a political, social, and military history. Santa Barbara, ABC-CLIO.

Zellar, R. (2011). A Brave Man Stands Firm The Historic Battles of Chief Justice John Marshall and President Thomas Jefferson. New York, Algora Publishing.

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