The federal system

The framers of the Constitution had several clear-cut ob­jectives in mind. They set these down with remarkable clar­ity in a 52-word, six-point preamble to the principal docu­ment.

"... To form a more perfect Union..."

The problem of building a "more perfect Union" was the obvious issue facing the 13 states in 1787. It was quite clear that almost any union would be more nearly perfect than that which existed under the Articles of Confederation. But devising another structure to replace it involved critical choices.

All the states were covetous of the sovereign powers they had exercised since the breakaway from England 11 years earlier. Balancing "states' rights" with the needs of a central government was no easy task. The makers of the Constitu­tion accomplished it by letting the states keep all the powers necessary to regulate the daily lives of their people, provided that these powers did not conflict with the needs and welfare of the nation as a whole. This division of authority is essen­tially the same today. The power of each state over local affairs — in matters such as business organization, work con­ditions, marriage and divorce, local taxation, and ordinary police powers — is so fully recognized and accepted that two neighboring states frequently have widely differing laws on the same subject.

Ingeniuos though the constitutional arrangement was, the controversy over states' rights continued to fester until, three-quarters of a century later, in 1861, a four-year war broke out between the states of the North and those of the South. The underlying issue was the right of the federal government to regulate slavery in the newer states of the Union; northerners insisted the government had such a right, while southerners held that slavery was a matter for each state to decide on its own. The war — known as the Civil War, or the War Between the States — broke out when a group of southern states attempted to secede from the Union, and was fought on the principle of the Preservation of the republic. With the defeat of the southern states, and their reentry into the Union, federal supremacy was reaffirmed.

"... To establish justice..."

The essence of American democracy is contained in the Declaration of Independence, with its ringing phrase, "All men are created equal," and the follow-up statements "that they are endowed by their Creator with certan unalienable rights, that among these are life, liberty and the pursuit of happiness.''

The Constitution makes no discrimination as to the wealth or status of persons; all are equal before the law, and all are equally subject to judgment and punishment when they violate the law. The same holds true for civil disputes, in­volving property, legal agreements and business arrangements. Open access to the courts is one of the most vital guarantees written into the Bill of Rights.

"... To insure domestic tranquillity..."

The stormy birth of the United States — in an armed revolution against the mother country — and the unsettled conditions along the western frontier, convinced Americans of the need for internal stability to permit the new nation to grow and prosper. The federal government created by the Constitution had to be strong enough to protect the states against invasion from the outside, and from strife and vio­lence at home. No part of the continental United States has been invaded by a foreign nation since 1815. The state gov­ernments have generally been strong enough to maintain order within their own borders. But behind them stands the awesome power of the federal government, which is con­stitutionally empowered to take the necessary steps to pre­serve the peace.

"... To provide for the common defense..."

Even with its independence secured, the new nation faced very real dangers on many sides. On the western frontier, there was the constant threat from hostile Indian tribes. To the north, the British still owned Canada, whose eastern provinces were jammed with revengeful American Tories. The French ownwed the vast Louisiana Territory in the conti­nental midwest. To the south, the Spanish held Florida, Texas and Mexico. All three European powers had colonies in the Caribbean Sea, within striking distance of the American coast. Moreover, the nations of Europe were embroiled in a series of wars which spilled over into the New World.

In the early years, the constitutional objective of pro­viding a "common defense" focused on opening up the territory immediately beyond the Appalachian Mountains and on pacification of the Indians who inhabited the area. Within a short time, however, the importance of military strength was underscored by the outbreak of war with England in 1812, skirmishes with the Spanish in Florida, and war with Mexico in 1846.

As America's economic and political power increased, its defensive might grew apace. The Constitution divides the defense responsibility between the legislative and executive branches: Congress alone has the power to declare war and to appropriate funds for defense, while the President is Commander-in-Chief of the armed forces and bears primary responsibility for the defense of the country.

"... To promote the general welfare..."

At the end of the War for Independence, the United States was in a difficult economic position. Its resources were drained, its credit shaky and its paper money was all but worthless. Commerce and industry had come to a virtual halt and the states, and the government of the Confederation, were deeply in debt. While the people were not in danger of starving, the prospects for economic development were slim indeed.

One of the first tasks facing the new national government was to put the economy on a sound footing. The first article of the Constitution provided that: “ The Congress shall have power to lay and collect taxes... to pay the debts and provide for the...general welfare of the United States...”

The tax power enabled the government to finance its war debts and to put the currency on a firmer basis. A Sec­retary of the Treasury was appointed to look after the fiscal affairs of the nation, and a Secretary of State to handle relations with other nations. Also appointed were a Secre­tary of War and an Attorney General and later — as the country expanded and the economy became more complex — the well-being of the people necessitated the creation of additional departments.

"... To secure the blessings of liberty to ourselves and our posterity..."

The emphasis on personal liberty was one of the salient features of the new American republic. Coming, as many of them had, from a background of political or religious sup­pression, the Americans were determined to preserve free­dom in the New World. The framers of the Constitution, in giving authority to the federal government, were careful to protect the rights of all persons by limiting the powers of both the national and state governments. As a result, Ameri­cans are free to move from place to place, make their own decisions on jobs, religion and political beliefs, and go to the courts for justice and protection when they feel these rights are being infringed.

Дата добавления: 2015-11-14