Morgan Hunt
January 21, 2009
History Essay
In Philadelphia, during the summer of 1787, our founding fathers worked toward a common goal of what is now the oldest national constitution in the world. During that long hot summer, they met in the Convention Hall, to build the framework structure for our government known as the U.S. Constitution. Our founding fathers constructed such a powerful yet flexible document that is still in use to this day. The Elastic Clause, Bill of Rights, and the management of balancing, sharing, and limiting power are the specific reasons that have allowed our Constitution to serve effectively for so long.
The Elastic Clause is important to our Constitution because it allows the Government of the United States to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution." In basic terms, the Elastic Clause means that Congress has the power to create any law that they think is for the common good. This allows flexibility for the future, which was a very wise decision. Of course our founding fathers could not be aware of what laws might be needed in the future as time and technology progressed, but by adding the Elastic Clause in Article 1 Section 8 of the constitution, they were able to prepare, legally, for America’s future. An example of the Elastic Clause in use is during the McCulloch v. Maryland case. Maryland attempted to tax a branch of the Bank of the United States, while McCulloch refused to pay such a tax. Judge Marshall sided with McCulloch because “the power to tax is the power to destroy, and Maryland had no right to tax the bank. All because McCulloch pointed out the Elastic Clause, John Marshall sided with him, and a law was passed that imposed a tax on the Bank of the United States was unconstitutional and void.
Another feature of the U.S. Constitution that is very significant to the fact that our Constitution has been around for so many years, are the Bill of Rights. The Bill of Rights are the first ten amendments in the Constitution that protect the rights of individuals in our society. It is a list of freedoms and rights that cannot be infringed by the government. They allow us freedom of speech, religion, press, assembly, along with many other important individual rights. If they were not in the constitution, it would be easy for government control over us to get out of hand. It would be unfair and unjust. Without the Bill of Rights, it would be possible for you to be sentenced to a cruel and unusual punishment for a measly act of stealing a candy bar. The Bill of Rights protects us, and gives us basic rights that are essential to us living in America as equals.
Most importantly, our founding fathers found ways to balance, share, and limit powers. The Bill of Rights limits government power over individuals and the Elastic Clause creates necessary powers. However, there are other ways the Constitution keeps power under control. With the system of Checks and Balances the government is able to distribute power fairly, so there is not too much power in the hands of one person. With three branches, – legislative, executive, and judicial – power is shared and each branch keeps the other under control. The constitution also shares power between federal and state levels. Although the government holds a good portion of power over states, whatever powers they do not hold are left for the state. Such decisions as allowing the death penalty or same sex marriages are choices that are left up to the state. If the federal government were to take all these powers it is inevitable that the people of America would be distraught and angered because they want to make their own decisions.
Our founding fathers made wise decisions when they were making the Constitution. Not only did they think of their present issues, but they also thought of the future and understood that changes would need to be made as time progressed. They made the Constitution ready for whatever changes would come their way, and made sure to include all necessary information and ways to add or alter the information they put in. They protected the people of America from higher government peoples, yet gave the government necessary power and rule over others. They made it reasonable and just. Our founding fathers understood that if too much power were to be in the hands of one, that it would be too easy for our democracy to quickly turn into a dictatorship. It is because of them that our U.S. constitution is the oldest national constitution in the world.
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