In regards to Maryland's argument of state sovereignty, Chief Justice Marshall argued that the Constitution is "an instrument of the people". Although, it was ratified by the state conventions it is for the people, not the states. Lastly, Marshall stated that "the power to tax involves the power to destroy", which was a direct attack to the federal government. There were no concurrent opinions written for this
The text also alluded to previous court cases, such as Marshall vs. Court and the National Back, where Congress was declared to having unconstitutional implementations, that were based on a loose structure. Summary Context and Point of View The Court had
From the Constitution’s ratification in 1787 through the 1850s, many American historians shared the consensus that the founding fathers had designed the Constitution the way they did because they were trying to protect the citizens and their rights. James Kent was one very prominent historian among this group. In his book, Commentaries on American Law (1826), he stated “THE government of the United States was erected by the free voice and joint will of the people of America, for their common defence [defense] and general welfare...and it is justly deemed the guardian of our best rights, the source of our highest civil and political duties, and the sure means of national greatness.” (Kent) Essentially, James Kent was trying to convey the point
John Marshall was a Federalist and should have taken Marbury’s side of the case, but it did not happen. Instead, he feared that the Court would be chastised for giving Marbury the commission. He did not want his authority to be ignored by the Republican Party if he did grant the document to be pushed through. He also feared that people might think that the court acted out in fear of the government. Marshall was in a dilemma all on his own with trying to make the right
Comparing this to the Constitutional’s new included law, one cannot ignore nor withstand the similarities in treatment, which should be prevented by America. This can also be associated with the content in Document 1. In this excerpt, Amos Singletary passionately expressed the rhetoric question; “We fought with Great Britain…because they claimed a right to tax us and bind us in all cases…does not this Constitution do the same?” His question is in parallel to the similarities between British treatment and
He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.
The rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.
Throughout history there have been links between the Iroquois constitution leading to the basis for the American Constitution. A constitution’s role is to help their country and benefit the people so things stay balanced and never lose control. As proof continues to build up, it shows that like the Iroquois the constitution holds several similar qualities on how to handle the economy and people. It has been thought, that the Iroquois have put the lining for the American guidelines. Though there are things that show to be the same, there are subtle differences that slip and show through.
Anthony Bell II Mrs. Brubaker AP US History Period 5 25 September 2017 Interpreting The Constitution The foundation of American democracy lies within our most important document, the US Constitution. However, since this document was created there have been those who believed that it was to be interpreted exactly as it was written and there have been those who believed that it was open for interpretation. The federalists, led by Alexander Hamilton believed in a loose interpretation, while the
Justice Antonin Scalia made no apologies for his legal philosophy of “originalism,” despite opposition from other justices and the public. Scalia believed that the United States Constitution should strictly be interpreted in terms of what the founding fathers had meant for it when the Constitution was written. Scalia’s critics contended that the Constitution is a “living document,” therefore, it should allow the courts to take into consideration evolving viewpoints of society. I. Antonin Scalia: A brief overview of his law career beginning in 1961.
From the failure of the Articles, should the new government, the Constitution, be approved? In 1788, the Constitution was created as the Articles of Confederation wasn’t successful and strong enough for their new government. During that time, a debate went throughout America about the Constitution whether to ratify it or not. Yes, the Constitution should be ratified because a Bill of Rights was promised, no one overpowered (in the government; checks and balances), and it is fair to both citizens and officials. Starting off, a bill of rights was promised which would ensure many things for the citizens.
With this assignment, I intend to demonstrate that I have not only read the text, but that I have made reflections on and analyzed the relationship between congress, the President, and the people of this country and the impacts that these changes have had on our current presidency as well as the country as a whole. In order to analyze any form of our current presidency and the strained relationships and constant power struggles that are quite apparent between the presidency, the senate and congress we must first look at the U.S Constitution as a whole. What was the intent of the constitution? Was it purposefully written to implicitly give or deny certain powers to those placed into power?
The Constitution—the foundation of the American government—has been quintessential for the lives of the American people for over 200 years. Without this document America today would not have basic human rights, such as those stated in the Bill of Rights, which includes freedom of speech and religion. To some, the Constitution was an embodiment of the American Revolution, yet others believe that it was a betrayal of the Revolution. I personally believe that the Constitution did betray the Revolution because it did not live up to the ideals of the Revolution, and the views of the Anti-Federalists most closely embodied the “Spirit of ‘76.” During the midst of the American Revolution, authors and politicians of important documents, pamphlets, and slogans spread the basis for Revolutionary ideals and defined what is known as the “Spirit of ‘76”.
Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is
The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.
