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Current federalism in the united states
Current federalism in the united states
Current federalism in the united states
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John Marshall was named Chief Justice of the Supreme Court in 1801 by John Adams. A position Marshall held until his death in 1835. Marshall helped to shape the Supreme Court's decisions and define the relationship with the rest of the federal government. He put the Supreme Court on the course that it would maintain for the next two centuries. John Marshall believed in the supremacy of national legislature over state.
Marshall made a landmark decision in the MARBURY V. MADISON case, that would define the boundries between the executive and judical branches of the American government. Marbury had been appointed as a Justice of the Peace by John Adams, but his commission was not delivered before Thomas Jefferson assumed the Presidency in 1801. Marbury filed a petition with the Supreme Court to force the Secretary of
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State to deliver the commission. Marshall's decision found that the Marbury and the other petitioners were entitled to their commissions. The court declared that the JUDICIARY ACT OF 1789, that gave the court that power conflicted with the Constitution and was therefore invalid. The decision in this matter limited judicial power and gave the court authority to declare an act of Congress void if found to be in conflict with the Constitution. The Supreme Court has been the final decision maker regarding the integrety of Congressional legislation since the Marbury v. Madison case. John Marshall established the principle of "judicial review" making the Supreme Court in charge of making sure Congressional laws and executive actions are within the bounds of the Constitution. John Marshall favored strong government action and supremacy of the federal government over state authorities keeping with the Federalist political program. Alexander Hamilton believed that there was a need for banks to provide credit and stimulate the economy.
Hamilton admired the central banks of Europe and wanted the same for the United States. He was elected to be the first Treasury Secretary after founding the Bank of New York. Hamilton proposed a bank of the United States based in Philadelphia. The bank would have a $10 million capitol and the ability to issue paper money and would be chartered for 20 years. The federal government would have a minor stake in the bank, and would have a board of directors made up of private individuals, to ensure a mix of public oversight and private enterprise. The Bank would lend the government money and securely hold its deposits, there would also be uniformed currency for the American citizens, and would also promote business and industry by extending credit. The National Bank along with some of Hamilton’s other financial programs would help give the United States an equal financial footing with the European nations. Hamilton’s ideas on a National bank supported the Federalist Parties commitment to having a financially sound
government.
·Hamilton’s plan to establish a permanent national debt violated the principle of equality among citizens; it seemed to favor the interests of public creditors over those of other Americans. Hamilton’s critics also denounced his proposal for a national band, interpreting it as a dangerous scheme that would give a small, elite group special power to influence the government.
In Francis N. Stites' book, John Marshall, Defender of the Constitution, he tells the story of John Marshall's life by breaking up his life into different roles such as a Virginian, Lawyer, Federalist, National Hero, and as Chief of Justice.
John Adams, the previous Federalist president, lost the Election of 1800 to Thomas Jefferson, a Democratic-Republican. Before Jefferson took office, Adams decided to appoint as many Federalists into the Supreme court as he could, including William Marbury, all of whom needed to be commissioned in order to be officially sworn in. However, Jefferson took office before the commissions could be handed out, and he ordered his Secretary of State, James Madison, to not deliver the commissions. Marbury proceeded to ask Marshall for a writ of mandamus (found in Section 13 of the Judiciary Act), forcing Madison to issue the commissions. This dispute between Marbury and Madison sparks the famous case. The dilemma here is the differences in interpretation. Some viewed Section 13 as unconstitutional, as it added power to the Judicial Branch, disrupting checks and balances. Others saw that “Marbury had been duly appointed…[and] the writ of mandamus [was] to be an appropriate legal remedy for resolving Marbury’s dilemma”(Clinton 86). Marshall wanted to issue the...
Certain things became apparent to Marshall. The Constitution did give the federal government complete control over the nation’s commerce. (Article 1, Section 8, Clause 3) Also, the Federal Law, according to the Constitution, was the supreme law of the land. (Article 6, Clause 2) Marshall, a Federalist, had always supported a strong central government. However, issues were arising in other parts of the country that would make him consider any decision he made further.
There are different ways to think about Thomas Jefferson’s thoughts about power in the government. Some people thought that he was in favor for a more powerful state government. Others believe that he thought the federal government was more powerful. I believe that Thomas Jefferson altered is philosophy after entering the White House.
The judicial power, also known back then as The Weakest Branch, was created to achieve an effective collaboration of the powers, what we call now Check and Balances. One of the framers of the Judicial Power was John Marshall. Chief Justice John Marshall is one of the main figures in the history of the US Judicial System. He was the youngest Chief Justices in the history of the United States and was the developer of the most important power of the Supreme Court, The Judicial Review.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Madison as he was in the Louisiana Purchase, he was still a key player in this episode that redefined the Judiciary branch of American government. Jefferson had just taken over the presidency from John Adams, a member of the rival Federalist Party, who, during his last days in office, had many of his fellow Federalists assigned offices in the Judiciary, including the Chief Justice of the Supreme Court, John Marshall (Goldfield 277). Jefferson and his Secretary of State, James Madison, resented this Federalist grab for power and refused to give one of the appointees his position. This appointee, William Marbury, used the Judiciary Act of 1789 to take the issue to court (277). However Marshall, did not rule that Marbury be given his appointment by Jefferson, who had been actively removing Federalist Judges and would likely choose not to acknowledge Marshall’s authority (277). Marshall took a different approach, instead of giving Marbury his appointment, he declared the Judiciary Act of 1789 unconstitutional because it gave the Supreme Court authority that was beyond what was outlined in the Constitution (277). By taking away some of his own authority, Marshall gave the Supreme Court the formidable ability to declare laws unconstitutional (277). Interestingly, it would never have happened if Jefferson and his administration had not have taken action (or in this case lack of action) against the appointment
The federalist versus anti-federalist opposition to begin the political differences. Federalists were a group of people who pushed for a strong central government and weak state governments, while anti-federalists were a group of people who pushed for power in the states and not the central government. Hamilton, a Federalist, was a firm believer in the construction of a strong central government and a broad interpretation of the Constitution. A broad interpretation of the Constitution meant more government control of the people. Hamilton believed that if a government were to operate efficiently, it would have to be conducted by the educated. Although at the time period, being educated was an expectation for only white men and a limitation for men of color and women. Through Hamilton’s position as being the Secretary of the Treasury, he was able to propose the idea of a national bank. His proposition of the bank was to serve as a way to help America back onto its feet after the Revolutionary War.The bank would regulate currency, help control the American currency, and prevent any singular group from having the most power. According to the Necessary and Proper Clause located in article 1, section 8, clause 18 of the United States Constitution, Hamilton believed the government had the implied powers to use it in order to help and protect the American people.Not only would the bank
One of the earliest examples of Hamilton’s power was his role in the national assumption of state debts. After the Revolutionary War, individual states had varying amounts of debt. States with less debt were in favor of paying it off themselves, while those with greater debt needed some federal aid. Wanting to make the country more unified, Hamilton saw making a large collective national debt as a way to bring together the states. “Hamilton’s impulse, therefore, in assuming all outstanding state debts was to avoid unnecessary and destructive competition between state and federal governments, and at the same time to preempt the best sources of revenue for the United States Treasury” (Elkins and McKitrick 119). The author states Hamilton’s motives for assumption were to eliminate competition between the states that might damage the union. This fits in with his larger policy of strong national government. Other politicians were opposed to this, such as Thomas Jefferson and James Madison. Their opposition to the plan went away as assumption became associated with other less controversial plans of Hamilton’s. Madison even turned in defense of the plan after being convinced of Hamilton’s financial vision (Bowers 61). Hamilton made a compromise turning out in his favor when he allowed Madison and Jefferson to have a capital on the Potomac River. This allowed him to pass his plan more...
Going hand in hand with his detestation of large, extremely controlling national governments, Jefferson was intent on having no national bank present in the US, but Hamilton was certain the country would benefit from one. For example, in a personal letter written by Alexander Hamilton, he wrote, “Mr. Madison, co-operating with Mr. Jefferson, is at the head of a faction, decidedly hostile to me, and my administration; and actuated by views... subversive of the principals of good government, and dangerous to the Union... Mr. Jefferson... [displays] his dislike of... funding [the] debt.” (Doc 2) Hamilton implied that by not advocating a national bank, Jefferson did not want to help the country pay off its debt. Jefferson, however, was dead set against having a national bank because he wanted the common people, such as the farmers, to have maximum influence on the government. This way, a strong central government could not have supreme political, economic, and social power, all of which together would open the doors for future corruption, even if the government was set up in the manner directed in the Constitution. Jefferson defended this judgement to the extent that he formed a political party so it could develop into a well-supported suggestion. Thus, the perspective on national banks could more efficiently progress into the point where it impacted the whole country and prevented the formation of a national bank. Equally, the excise tax proposed by Alexander Hamilton and carried out by Congress, factored in on Hamilton and Jefferson’s feud on having a national bank. In a letter written by Thomas Jefferson, he manifested his reaction to the excise tax by commenting, “The excise tax is an infernal one... [the public’s]
The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. Adams signed the appointments on his last day in office and they were subsequently sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office and Jefferson ordered the deliveries stopped when he took charge. Marbury was one of Adams’ appointees for justice of the peace. Marbury brought a case before the Supreme Court seeking a writ of mandamus compelling the new Secretary of State James Madison to deliver the appointment.
One such issue was that of the National debt and creating a National Bank. In 1790, Alexander Hamilton proposed that Congress should establish a national bank, in which private investors could buy stock, could print paper money, and keep government finances safe. Washington signed the bill establishing a national bank and started a strong foundation for a thriving economy and a stable currency.
After the first War for Independence, The United States was approximately $52 million in debt. Due to having such bad financial problems, the United States created a national Bank to create one unified currency, to take away all state debts, and to issue loans to the people to promote growth. This National Bank was created by Alexander Hamilton who was a Federalist, and once Jefferson came to be the President, he continued the idea of the national bank because it was helping to reduce the national debt. The primary reason for the National Bank being a representation of a Federalist idea was because since it was issuing loans to people it was able to promote industrial growth which was one of the main goals of the Federalist party. From Jefferson continuing the use of the National Bank thru his presidency he demonstrates his need to continue a loose constructionist idea.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...