Ivan John Henri G. Nicolas
Major Class Paper #1
The Constitutional Effects of the Founders’ Opposition
This paper aims to discuss the characteristics that defined the United States government
that we know today. More specifically, it seeks to evaluate the reasons for the Framers to design
the constitution and to what extent it affected what they are framing. Since the United States
experienced European colonization, the desire to be independent, away from absolute rule
became primary variables that the fathers of the US government drew motivation to
revolutionize modern democracy. This paper presented the subject matter in three parts. First,
the reason behind the opposition to the tyrannical ruling. Second, the division of government
powers. And third, the adoption of the United States federalism.
Opposition to Tyrannical Ruling
The Eastern portion of North America became colonies of the British due to the
European discovery of the New World. But given the distance that divides the colonies and the
colonizers, the exerted efforts of England were not enough for them to achieve total control
over America. This is also clear to Soots (2019: 17-18) who noted that there have been growing
forms of self-governing colonies even before the declaration of independence like the
Mayflower Compact and the local powers of colonial assemblies. Soots (p.19) further noted
that religions brought by the Europeans caused religious diversity and freedom. With time, the
Americans adsorbed the British models of government, economy, and religion which gave
them the drive to revolt against the colonizer’s rule.
Going back, the American colonial experience is primarily based on the mercantile
system. It refers to the colonies as a source of wealth for their colonizers. In this system,
England assumed the duty of regulating colonial trade decisions and levying various taxes. Due
to economic damages of England which are caused by their participation in the Seven Years
War, taxes like the Stamp Act and direct forms of taxes were colonially imposed. The American
colonists were against British taxes mainly because they argued that they did not formally
consent to this due to their lack of representation in the British parliament. This would
eventually escalate to the Boston massacre incident. Many works of literature, like Soots
(2019), Krutz (2019), and Paletz (2012), agree that this provided the catalyst for the American
Revolution.
The local forms of self-ruling and issues of British exploitation would later become the
Founders’ inspiration and grounds of realizations alongside the social contract theory. This
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theory, derived from the philosophies of John Locke and Thomas Hobbes, suggests that the
ruler’s authority is obtained from the consent of the ruled, like a contract. So, the ruled should
have their rights to overthrow their ruler because of its failures. John Locke further argued that
rationality is the key to avoid tyranny (Soots, 2019:15 & Krutz, 2019:39). With the founder’s
understanding of these philosophies and their situation with the British colonialism, they
revolted, declared independence, and began framing their constitution.
Division of Government Powers
The defiance of the colonists to their colonizers opened the option to establish their
government. Therefore, the Continental Congress after the proclamation of independence in
1776, gave birth to the first political constitution of the United States which is known as the
Confederation of States. This constitution, also perceived as the states’ League of Friendship,
was ratified in 1781. But the created central government, only consisting of legislative, was
rather weak with only limited powers relative to its state proponents (Paletz, 2012: 64 & Soots,
2019: 21). Hence, it barely functions unless all or a supermajority of thirteen states agrees to
the motion. Because of a local uprising called Shay’s Rebellion, the Confederation Articles’
weakness became apparent.
The founders and other delegates answered the call for a constitutional convention in
1787 to create a new constitution and replace the Confederation Articles. The framers were
aware that it is imperative to increase the powers of the central government but at the same
time, mindful that there might be an overpower in their government. Thus, the notion of
separation of powers, which according to both Krutz (2019: 52) and Paletz (2019: 83), is the
assigning of different responsibilities to the branches of government—legislative, executive,
and judiciary. Krutz (p.48-52) provided the points of contention in this convention. The results
of the founders’ deliberation regarding this matter were evident in the first three articles of the
constitution.
Article I refer to the establishment of the bicameral legislature-- the houses of senate
and representatives. As a representation of the people, the legislature, or congress, assumes an
important power of creating laws, taxes, and budgets. This bicameral character originated from
Connecticut Great Compromise between New Jersey and Virginia plans. Article II, on the other
hand, grants the executive power to the president. This branch is responsible for enforcing the
laws enacted by the legislative. Given that, the president is in charge of different departments
including the military. A notable section in this article is the electoral college which is an
election method that promotes legislative electors to vote for president instead of popular votes
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(Paletz, 2019: 77). In Article III, the judicial branch is empowered to the Supreme Court. This
branch interprets the laws and applies them to different cases in its jurisdiction.
The check and balance function is a distinct characteristic of the American government.
It pertains to the framers’ delegation of power to different branches in a way that restricts one
another to avoid tyrannical rule (Krutz, 2019:52). The president, as the executive power, can
veto laws proposed by congress, appoints various officials to its different departments,
including justices to the judicial branch. The president can also issue pardons that override
judicial decisions. On one hand, the legislative Congress can check the actions of the president
by impeachment even to the appointed officials, decides the executive branch’s budget, and
overrides the president’s veto given that two-thirds of the body agreed. On the other hand, the
Supreme Court is the judiciary that checks the other branches by interpreting the laws,
examines the actions of the executive whether it remains constitutional, and presides on the
impeachment trials (Paletz, 2019: 86). Due to this overall function’s efficacy, and the rise of
American influence, governments around the world also adopted this system.
United States Federalism
Another idea that sparked the constitution framers was to further put a barrier to
tyrannical rule, the adoption of federalism. In substance, one of the realizations after the failures
of the Confederation Articles was to adopt this system. Compared to unitary and confederation
where a level of government monopolizes power, federalism is the sharing of power between
states and a central government (Soots, 2019: 25). The federalism that the framers idealized is
the finding of the ‘perfect’ balance between the unitary and confederal types of government
where they reap the advantages from both systems while eliminating the disadvantages. The
founders were divided into two camps-- the federalists who leaned towards national
government and the anti-federalists who wanted stronger states (Krutz, 2019: 57-61).
The product of deliberations in the convention regarding this matter was ultimately put
into Article IV, which defined federalism in the United States. As the constitution gave the
national government the delegated, implied, and inherent powers, the state government is given
reserved powers. Furthermore, though both share some powers like imposing taxes, both are
prohibited to interfere with each power to perform responsibilities. This system made the
national government focused on matters that affect the country as a whole, while the states
handle the local needs and other locally affecting matters (Soots, 2019: 30).
The disagreement of the state leaders on the issues of slavery and equal rights, as well
as the powers of the state, arose as a dispute between the United States and the Confederate
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States, more commonly known as the American civil war (Paletz, 2012: 113). One side of the
party, the confederates, suggested that the states have the right to nullify the national/federal
government’s laws they deemed unconstitutional derived from the doctrine of nullification
(Krutz, 2019: 84). The other party, the United States, disapproved and resisted. With Lincoln’s
victory that ended the civil war, a constitution amendment disproved the state’s ability to
nullify and deny laws of the congress. The notion of federalism further evolved in the Roosevelt
administration addressing the economic depression, that both levels of government needed to
cooperate.
The devolution revolution started by the Nixon administration, viewed as the reempowerment of the states, made another revision to the context of federalism. The US
government adopted a system of dual federalism after the first constitution. Soots (2019: 36)
compared the notion of federalism in constitution framing until the 1930s to a two-layered cake
because it indicates a distinct line of power and jurisdiction in the layers of government.
Similarly, Grodzins (in Krutz, 2019: 89) compared the new federalism to a marble cake because
the authority and power were mixed to both levels of government. This means that there is no
strict line drawn to separate the two levels of government because both are cooperating bodies.
Thus, cooperative federalism (Soots, 2019: 36 & Krutz, 2019: 84-86). Another American
realization that if both levels of government cooperate, the government functions effectively.
Conclusion
The US government is remarkable because it achieved superpower status despite its
recent founding. It is unique in a sense, but like any other government, the framing of the US
constitution was motivated due to various reasons. One of these is the demand for the backbone
of a government in the American Revolution. With lessons in their experience as colonies and
a rough start in the Articles of Confederation, the framers of the constitution imagined a
government with consideration to uphold their desire to be virtually equal, free, innovative,
and collaborative. The US constitution became the sum of philosophical ideas, compromises,
experimental applications, with consideration of war brutality. The resulting division of power
leads to the essential character for the capacity to check and balance. Further, the adoption of
their version of federalism, which concerns the balance of powers of state and federal
government, aims the system to be closer to the people. As a result, if we look at the evolution
of the US government, it appears to embody human nature.
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References:
Soots, B. (2019). American Government_ADA. OER Commons.
Krutz, G. (2019). American Government 2e. OER Commons
Paletz, D., Owens, D. & Cook, T. (2012). 21st Century American Government and Politics.
OER Commons.
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