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Constitution

The first part of the discussion will revolve around the generalideas of the Constitution, while the second part will discuss why theFederalist Constitution drawn in Philadelphia is indeed the best choice. One shall first have a look at two of Locke's ideas, presented onpage 18 and from which the general points of the Constitution wereinspired. Why was a Constitution needed' In my opinion, Locke answersbest this question. The goals of a Constitution on general, and of theUnited States in particular, are two: "the preservation of property" andthe authorization of a legislation to "make laws, set rules, as guards andfences to the properties of all the members of the society to limit thepowers and moderate the dominion of every part and member of the society". We can generally agree that obtaining the independence from theBritish Empire led to a period where a certain void of power was around.The dangerous consequence of such a void of power is, of course, the lackof a higher authority that can set rules and laws and (just as important),that can safeguard them. In this context, the former colonists foundthemselves in a situation where the authority h


We shall get backto this idea when discussing federalization. It doesnot have a direct relation with the Constitution, but I want to refer tothe anti-trust rules and regulations that, in my opinion, best explain thisfencing (as Locke puts it). Asociety needs to have a set of ground rules by which order can beinstituted and by which the power of individuals would be fenced. Thus, a second success of the Constitution was itsflexibility: the common denominator could be successfully extended to otherfactors. If we are to read Franklin's declaration, his main argument for theConstitution was that it was the best that could be done. Let us have a look at the Articles of Confederation (1777) and seewhat the prerogatives of the central government body (Congress) createdwere according to this document. As for the second aspect discussed by Locke, this is quite simple. The main goal of such an authority wouldhave been preserving property and property rights. Why was the document signed inPhiladelphia the best for the country' In order to answer this, we shouldrefer to pages 45 to 48 from Our Written Legacy. The delegates met in Philadelphia to "render the constitution of theFederal Government adequate to the exigencies of the Union". Indeed, it is acknowledged that the states formed an UNIONand that such a term implied a stronger central government. The second choice would have been, of course, federalization. Who can guarantee andsafeguard property' The choices were quite simple: either a very strong,central government or several state governments that would be under thehigher authority and control of the central government. I have quotedthis phrase because it seems to me an excellent proof of the articles ofconfederation.

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Approximate Word count = 1505
Approximate Pages = 6 (250 words per page double spaced)

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