Following the triumphant American Revolution and the establishment of the United States of America as an official country in the Treaty of Paris.
Despite much remaining to be done, major parts of the state were in ruins and there was a high demand for central authorities. Many provinces initially created their own state governments but soon recognized the need for a national authority. As a result, delegates attended the Second Continental Congress to draft the Articles of Confederation.
Despite providing a legislative body with the authority to declare war, make treaties, and borrow money for debts, the Articles of Confederation were simply a symbolic agreement between the colonies. The weaknesses of the Articles became apparent when the government displayed vulnerability during Shays Rebellion.
The governor of Massachusetts requested Congress to employ military personnel, but they lacked the funds or work
...force to provide assistance. It also revealed that the Articles of Confederation failed to ensure that the states would adequately protect the rights and freedoms of all their citizens. In the process of drafting the Articles of Confederation to avoid resembling parliamentary government like that of Great Britain, the authors unintentionally created numerous issues concerning centralized power. The states retained their sovereignty, creating the perception of thirteen separate states rather than unified entities forming a nation. In addition, there was no executive branch, resulting in a lack of follow-through on decisions and a shortage of leadership in the armed forces.
The absence of standing ground forces led to constant internal discord and state conflict, as well as a real threat of external invasion. Additionally, the lack of trade regulation resulted in numerous trade disputes and states taxing each other. State
conflict extended beyond trade differences, with laws in one state not always being recognized in others. Smaller states often faced bullying from larger states due to their smaller population size.
At the Constitutional Convention, there was a nonjudicial system in place to help provinces resolve conflicts, which sometimes led to wars between provinces. The realization that these conflicts were hindering state growth prompted a meeting to improve the structure of government. This meeting became known as the Constitutional Convention.
James Madison's main goal was to establish strong central authorities that were more powerful than the provinces, but not as dominant as parliamentary authorities. As the leader in the convention, Madison also wanted to create a system of checks and balances where each branch of government could govern themselves while having control over one another. Ultimately, a compromise was made between the Virginia Plan and the New Jersey Plan.
The formation of the Senate and the House of Representatives addressed the issue of province representation. The Senate included two representatives from each province, regardless of population size, while the House of Representatives had representation based on population size. This system eased province struggles by ensuring equal representation in the Senate for both small and large provinces, with smaller provinces benefiting. However, larger provinces held more influence due to their larger populations. Congress was given power to regulate trade and impose taxes, which further alleviated conflicts among provinces. Taxation not only enabled a more efficient government but also bolstered the executive branch through funding for implementing decisions.
Under the Constitution, the national authorities had greater power than the provincial authorities. However, the most important aspect was that the Constitution safeguarded the
natural rights that the settlers believed were violated by the king and Parliament, namely, life and freedom.
Although the Constitution achieved several objectives, including resolving regional conflicts and reducing domestic strife, it did not fully accomplish its goal of being more democratic than the Articles of Confederation. While it did grant more authority to the central government, this came at the expense of diminishing both state power and citizen influence. Consequently, federal supremacy was established over many areas that were previously under state control.
However, the state gained stability in exchange, and chaos was reduced to a more manageable level. This illustrates the success of the framers in establishing a functional democracy. The new government system allowed for the direct election of the House of Representatives by the people, empowered state legislators to choose senators, and enabled voters to elect the president.
The citizens were delighted as they felt represented, despite the decrease in power of the states compared to before. They were united under a single government system. The new Constitution addressed problems that were widespread when using the old Articles of Confederation. Additionally, citizens from different states enjoyed equal protection of their rights and freedoms. However, even though the Constitution offers a superior governmental system compared to the Articles of Confederation, conflicts still arise between decentralized and centralized power. One particular matter that has sparked disagreements is gun control.
The 2nd Amendment grants individuals the right to own firearms without interference from the government. Nevertheless, in the 1886 case of Presser v. Illinois, it was decided that this amendment solely pertains to federal government jurisdiction and does not prohibit state governments from regulating firearm possession or usage.
However,
the 1939 finding in U. S. v. Miller stated that the Second Amendment only applied to rights related to maintaining a well-regulated reserve. These regulations have mostly been under the control of state legislatures and courts.
Despite variations in gun control laws among provinces, there are still differences in the Torahs concerning this matter. For example, while Arizona does not have a child entree jurisprudence, Texas does. Additionally, Arizona does not require permits to buy pieces, in contrast to other provinces.
The transportation of concealed weapons is subject to varying regulations across provinces. Certain provinces mandate a license, while others lack any regulations. The federal government's authority has greatly strengthened since the ratification of the Constitution in 1781. Previously, deficiencies within the American government led to diverse issues, causing the 13 provinces to operate as distinct states rather than a unified nation.
So, the current issue of the arrangement of centralized and decentralized power, even though it may not be perfect, is much improved compared to 1781.
Bibliography
- Dornbush Krista. AP U. S. History. Grand Rapids: Kaplan.
- 2008.73-83.“The Constitution.” Course Notes. 7 Sept.
2005.
May 2005. About.com. 21 Aug. 2008. "A State by province expression at Gun Laws in the US."
CNN.
Dec. 1999. 23 Aug. 2008.“US Government Guide: Gun Control and Right to Bear Arms.” About.
com. 23 Aug. 2008.
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