Change Of The Federal Constitution example essay topic

The Jeffersonian-Republicans are characterized by their strict interpretation of the constitution, in stark contrast with the Federalists loose or broad interpretation. The Federalists believed that anything the constitution did not forbid it permitted, contrary to the Jeffersonian view that anything it did not permit it forbade. The Federalists advocated the "necessary" and "proper" clause, and their faith rested heavily in the virtue of implied powers. The Jeffersonian party believed that all powers not specifically granted to the central government were reserved to the states, disregarding the implication of inferred powers. In the late 1700's both Jefferson and Madison organized an opposition to Hamilton, a federalist. During Jefferson and Madison's presidencies, the strict construction ism on which they based their growing party remained evident.

The Jeffersonian-Republicans were strong supporters of states rights; they believed that these rights were jeopardized by a strong central government. Thomas Jefferson expresses this concern when talking with a future member of his cabinet, Gideon Granger. He commences "I believe we shall obtain... a majority in the legislature of the United States, attached to the preservation of the federal constitution". Preserving the federal constitution means upholding it "according to its obvious principles and those on which it was known to be received". This emphasizes Jefferson's strong belief in a "literal" constitution opposed to an "implied" constitution. Jefferson goes on to say that "our country can never be harmonious and solid while so respectable a portion of its citizens support principles which go directly to a change of the federal Constitution".

This is a direct reference to the supporters of the Federalist Party and its "loose" interpretation of the nation's charter. In this statement Jefferson expresses a belief that the Federalist Party is threatening the Union. One of the major aspects of the Federalist argument is that anything not forbade in the Constitution is permitted, while the Republicans commend the contrary. Jefferson displays his support for the latter, while speaking with, Presbyterian minister, Samuel Miller. Regarding the governments intermeddling in religious institutions he proclaims "no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the general government". This further shows his support of the states and their rights; he goes on to say "it must then rest with the states, as far as it can be in any human authority...

". . James Madison, as did Jefferson, supported states rights. Similar to the issue of government and religion, Madison in an address to congress vetoed an Internal Improvement Bill, based on the fact that this power is not granted in the constitution.

He stated "the power to regulate commerce among the several states cannot include a power to construct roads and canals". He continued in saying "that such a power is not expressly given by the constitution, and believing that it can not be deduced from any part of it without an inadmissible latitude of construction and a reliance on insufficient precedents". This demonstrates Madison's firm belief in a strict construction. The Constitution's existence remained solely on the promise of a Bill of Rights which would ensure that states rights were upheld, knowing this Madison concluded "the permanent success of the Constitution depends on a definite partition of powers between the general and the state governments."Some men look at constitutions with sanctimonious reverence, and deem them like the arc of the covenant, too sacred to be touched" said Thomas Jefferson to Samuel Kerch eval. Although Jefferson was "not an advocate for frequent and untried changes in laws and constitutions" he understood that as new issues arose and humanity progressed regulations must be tweaked to coincide with the needs of the people. Jefferson believes "that laws and institutions must go hand in hand with the progress of the human mind.

As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also and keep pace with the times". Keeping pace with the times is something not fully "understood" by the Jeffersonian- Republicans, however, change is inevitable.