Issue of Tyranny in the American Constitution Essay Sample

In 1783, the Treaty of Paris was signed and America wrote it’s government framed by democracy in the Articles of Confederation. Though, this resulted in a havoc, people claimed that this type of government is considered tyranny. America, once again, restructured its government into a Constitution in 1787. This type of Constituion included a Legislative, Executive, and Judicial branch and state and federal governments, all of which had checks and balances. Though, this quite still does guard against tyranny as it is exposed from the overruling in the separation of powers and state and federal governments in the Constitution.

The powers given to each branch presented an issue of tyranny in the American Constitution. James Madison, one of the American founding fathers, claimed “The accumulation of all powers, legislative, executive, or judiciary, in the same hands, whether one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny”(Document B) when writing the Constitution. The legislative branch was given the powers to “approve Presidential nominations, overriding a President’s veto. Impeach the President and remove him or her from office” (Document C) contradicts Madison’s definition of tyranny. This is because in the executive branch, there is only one check on the legislative branch being “The President can veto Congressional legislation.” (Document C). Legislative branch clearly is seen to dominate over the executive branch as there are more powers given to the Legislative than the executive. Madisson’s reason behind this is that “…[the three branches] should not be so far separated as to have no Constitutional control over each other”(Document C). Madison contractics his own statement about tyranny by stating how there should be some Constitutional control in some branches. This is shown through the Legislative power that presents tyranny in the Constitution.

Another way tyranny is illustrated in the American government is through the number of senate vs the representatives. Article 1, Section 2, House of Representatives states that “ Representatives… shall be apportioned… according to…[population]… Rhode Island… one… Virgina ten…”(Document D). This is an issue in the American government because highly populated states can easily overpower the states that have less population. This is especially seen in the electoral college when electing a new President. For example, Rhode Island can only give one vote to the President while Virginia can give 10. This obviously displays a version of tyranny as the states with higher population can easily outpower the states with less population.

There is also another version of tyranny in the states but through federalism- State government and Federal government. When framing these governments, James Madison thought that “The different governments will each control each other, at the same time that each will be controlled by itself”(Document A). So, he thought the power given them should be “Regulate trade, Conduct foreign relationships, provide an army and navy, declare war…” to the Central Government and “Set up local governments, hold elections, establish schools…”(Document A). There is a pattern in the type of powers given in each governments like how the state goverment has powers of the people in the state whereas the central government has the powers given that apply to the whole country. The central government’s laws are to be followed by the whole  country rather than the state, whereas the state government is allowed to only followed the laws in one state.