An analysis of the philadelphia convention and the constitution of the united states of america

And to show that this is no empty boasting for the present occasion, but real tangible fact, you have only to consider the power which our city possesses and which has been won by those very qualities which I have mentioned. Athens, alone of the states we know, comes to her testing time in a greatness that surpasses what was imagined of her. The Master said, "Sufficient food, sufficient weapons, and the trust of the people.

An analysis of the philadelphia convention and the constitution of the united states of america

History[ edit ] A painting depicting the signing of the original United States Constitution Eight state constitutions in effect at the time the Constitutional Convention convened in Philadelphia included an amendment mechanism. Amendment-making power rested with the legislature in three of the states and in the other five it was given to specially elected conventions.

The Articles of Confederation provided that amendments were to be proposed by Congress and ratified by the unanimous vote of all thirteen state legislatures. This proved to be a major flaw in the Articles, as it created an insurmountable obstacle to constitutional reform.

It moreover equally enables the General and the State Governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other. Creation of the amendment process[ edit ] One of the main reasons for the Convention was that the Articles of Confederation required the unanimous consent of all 13 states for the national government to take action.

This system had proved unworkable, and the newly written Constitution sought to address this problem. The first proposal for a method of amending the Constitution offered in the Constitutional Convention, contained in the Virginia Plansought to circumvent the national legislature, stating that "the assent of the National Legislature ought not to be required.

Past practice suggests that separate unlimited applications submitted to Congress at different times are not allowed.

States have requested that Congress convene an Article V convention to propose amendments on a variety of subjects. According to the National ArchivesCongress has, however, never officially tabulated the applications, nor separated them by subject matter.

Thomas School of Law. Paulsen has argued that state applications for an Article V convention limited to a particular subject matter are invalid and that only applications that include a call for an unrestricted convention are valid.

The language of Article V leaves no discretion to Congress, merely stating that Congress "shall" call a convention when the proper number of state applications have been received.

Comments made at the time the Constitution was adopted indicate that it was understood when the Constitution was drafted that Congress would have no discretion. In The FederalistAlexander Hamilton stated that when the proper number of applications had been received, Congress was "obliged" to call a convention and that "nothing is left to the discretion of Congress.

An analysis of the philadelphia convention and the constitution of the united states of america

Sponsored by the late Senator Sam Ervinsuch a bill passed the U. Senate unanimously in and again inbut the proposed legislation remained bottled up in the Committee on the Judiciary in the U. House of Representatives and died both times.

Senator Orrin Hatch made a similar proposal several times in the late s culminating in with no more success. While Congress likely has no authority to limit the scope of an Article V convention[ citation needed ], some scholars believe that states do have that power. Larry Sabato is one scholar who advanced that view.

If the states, therefore, request a convention limited to a certain subject matter, then the convention that is called would likely need to be limited in the way the states requested.

If a convention did attempt to exceed its scope, none of the amendments it proposed would become part of the constitution until three-fourths of the states ratified them, which is more states than are required to call a convention in the first place.

In the New Hampshire Convention to ratify the U. Constitution, delegates were sent with instructions to vote against the Constitution.

When they were convinced that the voters had been mistaken, the delegates returned to their constituents to convince them and request new instructions, allowing the Convention to represent the true voice of the people. The New York State Legislature had created a rule that required 2 delegates to agree to cast a vote on behalf of the State.

The legislature opted not to send new delegates and so Alexander Hamilton accepted the authority of the State and was unable to cast a vote for the remainder of the Convention.

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This is the fundamental difference between a Delegate to a Convention, there to do the bidding of their constituents, and a Representative to a Legislature, there to stand in place of their constituents and make decisions based on their own deliberation.

Opponents to a convention counter that the only national amendments convention, held intells a very different story.

Of the 12 states that sent delegates to the convention, only 2 placed no restrictions on the power of their delegates. Congress debated the matter before voting to send it on to the States for ratification with no recommendation for or against.

Ability of states to rescind applications to Congress[ edit ] The legislatures of some states have adopted rescissions of their prior applications.

It is not clear from the language of Article V whether a subsequent vote to rescind an application is permissible. As discussed above, however, if the purpose of Article V is to give state legislatures power over a recalcitrant Congress—and if state lawmakers may indeed limit their applications by specific subject matter—it is possible that federal courts would hold that rescissions of previous applications are likewise valid, in order to give more meaningful effect to the power which Article V confers upon state legislators.

Congress has more than enough applications on a single issue if you do not count rescission and more than enough applications on multiple topics if you do count rescission.United States of America's death penalty laws and how they are applied, including death row and execution numbers, death-eligible crimes, methods of execution, appeals and clemency, availability of lawyers, prison conditions, ratification of international instruments, and recent developments.

United States of America's death penalty laws and how they are applied, including death row and execution numbers, death-eligible crimes, methods of execution, appeals and clemency, availability of lawyers, prison conditions, ratification of international instruments, and recent developments.

The Great Republic: Presidents and States of the United States of America, and Comments on American History.

An analysis of the philadelphia convention and the constitution of the united states of america

Taking everything together then, I declare that our city is the School [or "Education"] of Greece [, tês Helládos Paídeusis], and I declare that in my opinion each single one of our citizens, in all the manifold aspects of life, is able to show himself the rightful lord and owner of.

The Great Republic: Presidents and States of the United States of America, and Comments on American History. Taking everything together then, I declare that our city is the School [or "Education"] of Greece [, tês Helládos Paídeusis], and I declare that in my opinion each single one of our citizens, in all the manifold aspects of life, is able to show himself the rightful lord and owner of.

The United States Constitution is the supreme law of the United States. The Constitution, originally comprising seven articles, delineates the national frame of leslutinsduphoenix.com first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the.

The Framers' Coup: The Making of the United States Constitution [Michael J. Klarman] on leslutinsduphoenix.com *FREE* shipping on qualifying offers. Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed.

The Great Republic: Presidents and States of the United States