How Did the Framers Guard Against Tyranny free essay sample

How Did the Constitution Guard Against Tyranny? Imagine oneself back at the constitutional convention in seventeen eighty-seven. All of the brightest minds and most respected people in one place, Philadelphia, Pennsylvania, in the southeast of the state, near New York. Because it is May, and just beginning to be summer, it is hot, and because all the windows are closed in the interest of secrecy, it is stifling as well. Fifty-five well known thinkers of the age, all white males, have come. They range in age from James Madison, an up-and-comer and a prodigy who is twenty five to Benjamin Franklin, a wise, venerable, learned man who is eighty one. Delegates from eleven states are present, New Hampshire not turning up until July, and Rhode Island not at all, thinking to veto the proceedings by their absence. The problem that had caused these proceedings was that the Articles of Confederation, the current system of government was too weak. lthough the Northwest Ordinance resulted of it, and it fixed the fear of a strong central government and dominance by large states, there were unfair competition among states, unenforceable trade agreements, no power over states governments, no president, no judicial branch and the government could not pay debts because they could not force states to pay taxes. As the cons out-weighed the pros, it was clear that something had to be done. The framers decided to create a new government completely. The question was; How do we give the government the power it needs while preventing tyranny? This essay will address the many and varied was the constitution guards against tyranny. In this essay, the word tyranny refers to James Madison’s definition, which states, â€Å"The accumulation of all powers†¦in the same hands, whether of one, a few, or many (is) the very definition of tyranny. † (James Madison, Federalist Paper #47, Hook Document). The constitution addresses tyranny in four main ways: the balance of powers between national and state governments, the separation of powers between branches, checks and balances between branches, and the balance between the house and the senate. If states had the power to ignore a federal tax law they did not like, they would deprive the government of revenue. The federal government needs the revenue to repay debts and provide national services. If there was no legislative branch and the President had the power to both make and enforce laws, the President would be the equivalent of a dictator or king. This could easily result in a corrupt form of government, the President acting solely for his own benefit or the benefit of a few others. If the President could fire justices of the Supreme Court if he didn’t like a ruling they made, the court would serve no purpose, because they would always rule with the President in order to keep their position. This would again mean that the President has almost unlimited power. If New York had a lot more members that Rhode Island in both the Senate and the House of Representatives, the big states would run roughshod over the little states. The little states would then have essentially no voice. All of these circumstances had to be provided for. (Hook Document) The constitution prevents tyranny by giving set powers to state and national governments. When the Constitutional Convention was convened James Madison, a delegate from Virginia, had already had a possible form of government. Called the Virginia Plan, this document was the main arguing point of the convention, and the constitution that resulted is just and edited version of it. In the Virginia Plan, the government had three branches with legislative supremacy, a bi-cameral legislature, proportional representation in both houses, and a federal organization of powers. James Madison says, â€Å"In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. (James Madison, Federalist Paper #51, Document A). Madison is referring to a federalism, where powers are divided between the Central and state governments. In the finalized constitution that resulted, the Central government is able to regulate trade, conduct foreign relations, provide an army and navy, declare wars, print and coin money, and set up post offices. The states governments were permitted to set up local governments, hold elections, establish schools, and pass marriage and divorce laws, and regulate in-state businesses. Both are able to borrow money, set up courts, and make and enforce laws. The delicate balance of distribution of powers prevents either the state or central governments from taking too much control. While the national government deals with foreign and national domestic relations, the state governments deal with almost all local matters, and they both have a few shared powers, resulting in a comfortable balance. (Document A) The constitution makes use of separation of powers in order to prevent tyranny. In conjunction with his view of tyranny, Madison also said â€Å"(L)iberty requires that the three great departments of power be separate and distinct† (James Madison, Federalist Paper #47, Document B). This quote alludes quite clearly to separation of powers. Using this philosophy the founders gave each branch a few set jobs to perform. The legislative branch makes laws, the executive branch enforces laws, and the judicial branch interprets laws. No one branch may take complete control. As an example, suppose a corrupt congress passes a bill. The president can veto it and the judicial branch can rule it unconstitutional. In this way the unjust bill is prevented from becoming a law. Madison says it is possible to have a tyranny in a democracy. This would be because one branch or department can control another. No person can serve on two branches at the same time because the potential for tyranny is greater, a person on one branch could sway event in another to benefit their own agenda. Using separation of powers, each branch has distinct powers so that each one is in control of different situations. No branch can then influence the goings on in another. (Document B) Checks and balances are closely tied to separation of powers and are used to prevent tyranny. James Madison wrote, â€Å"†¦the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other†¦(The three branches) should not be so far separated as to have no constitutional control over one each other(James Madison, Federalist Papers #51, Document C). What Madison means is that the branches are in the perfect position to keep one another from getting too powerful, while at the same time preventing one from swaying the decisions of the other. These limits are collectively called checks and balances. In the constitution they are as follows: veto, appointments, treaties, war, impeachment, and judicial review. With the veto, the president can prevent a bill passed by congress from becoming a law. However, Congress can still pass the law if they are able to get a two-thirds majority in both the senate and the house. The president is able to appoint justices to the Supreme Court. On the other hand, the senate must approve the appointments. Treaties must be negotiated by the chief executive, but the senate must approve them in order for them to be valid. All validated treaties are the supreme law of the land, and must be acknowledged by all states. The president is the head of armed forces, and as so can mobilize the troops, but a war is not a war until congress declares it so and provides finances. Members of the executive and the judicial branches may be impeached and removed from office for misbehavior. The house brings charges, which is called impeachment, and the senate tries, and if the person is convicted, they are removed from office. The Supreme Court reviews all laws and treaties created and passed by the other two branches for constitutionality. This process is called judicial review, and if the documents are not aligned with the constitution, they will be declared void. The system of checks and balances prevent tyranny due to the fact that the three branches each have powers that are purposely designed to keep another branch from becoming too powerful. (Document C) Tyranny in the legislative branch is prevented by the equilibrium of power between senate and the House of Representatives. The house has proportional representation, while the senate has equal representation. This was part of the Great Compromise presented to the Framers. Proportional representation is determined according to population. The states with the least representatives were Delaware and Rhode Island, each with one. The state with the most representatives is Virginia with ten. A census will take place every ten years, and at that point, the amount of representatives will be re-determined in concordance with their findings. In the House of Representatives, the large states would have the most power, because they would have the most representatives. In the Senate, the small states would have the most power, because all states each have the same representation and therefore the same numbers of votes, but the smaller states outnumber the bigger ones. The fact that the power rests with different factions in the house and the senate results in a balance of power between them. The fact that both houses balance each other out is critical in preventing tyranny. (Document D) The Framers took great care and used multiple methods to prevent tyranny. You watched the Framers create and deliberate for an extended period of time. You witnessed the formation and dissolution of committees, the heated debates, the arrival of New Hampshire to the convention, the furious withdrawal of delegates, never to return. But you also observed as a revolutionary piece took its place in history’s venerable halls; the organization of the world’s first federacy. This system has prevailed throughout the over two hundred years since, and even though they hit a few snags along the way, as anything is apt to do, the Constitution of the United States of America is still a remarkable document, and has succeeded in preventing tyranny, and will continue to do so, throughout the years.