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The Shays’ Rebellion between the year 1786-1787 where farmersprotesting the constitution of Massachusetts and seizure of farms for debtsnonpayment. They marched to Springfield in an attempt to seize a federal armorybut were turned away by General Benjamin Lincoln commanding the military. Theevent shocked the upper and ruling classes as they realized how easy UnitedStates came to a mass rebellion and the ineffectiveness of Articles ofConfederation in preventing such rebellion. The rebellion led to theconstitutional convention.
The action by the Supreme Court of accepting the originaljurisdiction on the case of Alexander Chisholm of South Carolina against thestate of Georgia angered the latter state and was disturbing to the rest of thestates. The result of the court’s decision led to the rapid passage andratification of the 11th Amendment by 1795.
The Whiskey Rebellion of 1794 where United States governmentimposed excise duty on whiskey which led to riots and the death of a federalofficer. President George Washington ordered for negotiations that failedleading to sending the military to contain the rebellion. This was the firstreal test of the new federal government and its law enforcement powers.
First Initial Postto the Question;
One of the externalfactors was Shays Rebellion. In 1786, a group of farmers is formed under therevolutionary war of Shays.Dickerson, Reed (1977). They were protesting the constitution ofMassachusetts and holding the farms for the non payments of debt. Their protestbadly attacks the constitution. Second major issues were nullification. This isa concept which states if the federal government rules are unconditional thenstate has the right to ignore and nullify.
In 1832, a state convention in South Carolina declared a highprotective tariff null and void. (According to the Haggard, Thomas R (2007) Then a force was sentfrom the president to enforce the tariffs but the matter was solved without theinterference of federal troops.
To sort out thesolution of the state problems which affect the constitution of the state,sometimes enforceability is used. Just like in 1832 when the protest was madeagainst the state, state helped from its federal troops.
External factorincludes the law and order situation of the country. UN stability of governmentalso influences the constitutions of the state. Economic environment isfeasible then it will help out to effect in positive manner.
References:
Dickerson, Reed. Legislative Drafting.Westport: Greenwood Press, 1977. Reprint of the 1954 edition. (SL) KF 4950 D5Eskridge, William N. Jr., Philip P.
Haggard, Thomas R. Legal Drafting in aNutshell. 3rd ed. St. Paul: Thomson/West, 2007. Addresses many facets of thelegal drafting process, including style and usage, construction of definitions,contract drafting, and legislative drafting. (SL) KF 250 H3 2007.
FirstInitial responses:
Prof Collins
reply to Roberstein Broadwater
Email has been sent.
11/15/2015 9:23:08 AM
RE: Historical Context of the U.S.Constitution
Robyn,Thank you for your main post but can you do me a favor and revise your post? Asa reminder, here is what was asked within our discussion section: In 1783American colonists, defying incredible Show More
Robyn,Thank you for your main post but can you do me a favor and revise your post? Asa reminder, here is what was asked within our discussion section:In 1783 American colonists, defying incredible odds, had just beaten the UnitedKingdom, western hemisphere’s preeminent power. Now, these thirteen colonies,saddled with a new governmental charter, the onerous Articles of Confederation,sought to chart their own, independent path. Yet, by 1787 disgruntled colonistssent delegates to Philadelphia in order to revise the dysfunctional Articles ofConfederation. In a surprising move, many delegates sought to scrap the currentConstitution and craft a new government.These delegates, steeped in the philosophies of the European Enlightenment,memories of a war of independence against Imperial Great Britain, cognizant ofthe current failures of the current constitution (Articles of Confederation) ,and alarmed by the civil discontent post-independence, arrived in Philadelphiaseeking change. In a radical departure most delegates decided not to amend thecurrent constitution – but instead – craft a new Constitution.As a result – the United States Constitution reflects political, social, andeconomic factors particular to the late Eighteenth century America.Please research at least two historical and/or philosophical influences uponthe U.S. Constitution. Explain, in specific detail, how these externalfactors influenced a particular provision of the Constitution.Your first example, Robyn – is almost ‘there’! Now all you have to do is find aplace within the Constitution that was influenced by Shay’s rebellion. Alas,your second example is 40 years post the writing of the Constitution :(I have placed in ‘bold’ areas that require additional attention 🙂
Pro C 2. Response to the second post:
Some great, additional content,Robyn — but now can you connect these important events to actual words withinthe Constitution? 🙂
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