There was discussion of judicial review in Federalist No. 78, written by Alexander Hamilton, which explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional. He also stated that this was appropriate because it would protect the people against abuse of power by Congress.
The judicial review strengthens the constitutional principle of checks and balances. In the 1789 judiciary act and Judiciary act of 1801 had the right to allow the writs of mandamus. Meaning that they court should have power and including the fact that they are forced to do something. John Marshall weakened the power of the supreme court by getting rid of the power. However he did improve the branch by creating the judicial review.
The Federalist Papers 78 and 79: The Judiciary Branch After the Revolution, America was in a very bad place. We had recently overthrown what many believed to be a tyranny. While many people argued our government needed more power, they were afraid of giving too much power. Keeping the Articles of Confederation or planning an entire new government was debated. Congress decided we needed a change.
Today the trial, Scott V. Missouri, which was Dred Scott, a slave owned by Irene Emerson, suing for his freedom, had taken place. The trial had started out with a witness for prosecution, who stated that due to Dred Scott’s status as a slave, that he didn’t have any rights within the constitution. He went on to claim that the constitution only covered people and therefore, Dred Scott was only considered property and had no rights. In addition, the witness made the argument that due to Missouri law, Dred Scott was still considered a slave since he still resides within Missouri. During their argument, the Supreme Court questioned the witness about what the definition of a person was in the constitution and whose job it was to debate the Constitution.
John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.
(This goes before the main argument) The main Argument between the Anti-Federalist and the Federalist was about the amount of control/authority that the government should have. Though the people were now the governing body there was not much protection and liberties that they were entitled to. James Madison did not want to risk the constitution not being ratified; he drafted the Bill of Rights. Even though the Anti-Federalist Failed to prevent the ratification of the U.S. Constitution led to what we know as the Bill of Rights, the ten amendments that protected the
John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.
The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.
Since the amount of people in congress compare to the people was small, the anti-federalist feared that the congress will only focus on the few elites among the people the congress control. Finally, the congress were against the judicial branch because they feared that the Supreme Court was too powerful. By having a Supreme Court, it feared that it will take away the power from the states and local courts. Which will lead to the government to take away the people’s
The ratification of the U.S. Constitution process included debates and discussions to convince citizens to approve of the new Constitution. The Federalists and Anti-Federalists played a huge part in the topic of the Constitution. The Federalists were people who supported the Constitution and wanted a strong central government, highlighting the necessity for a unified government. Anti-Federalists opposed the ratification, fearing that a central government will be too powerful and will jeopardize the protection of individual liberties in the Bill of Rights. Alexander Hamilton, James Madison, and Patrick Henry were key figures who played a part in molding the state rights, federalism, and balance of power.
The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into
1. The supreme court is the highest federal court in the United States. It consists of nine supreme court justices. Federal judges are nominated by the president and approved by the senate. Once appointed the justices will serve on the supreme court for the rest of their lives, unless they are impeached.
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
It is important to consider factual abortion statistics for the pro abortion and pro life arguments. Abortion fact: there are a startling 42 million abortions worldwide every year. Over a lifetime, that totals about 1 abortion for every woman on the planet, and in fact, nearly 1 in 2 women worldwide will have an abortion in their lifetime. I dont care if youre pro-life or pro-choice, these numbers are sobering. And lets get real for a minute.
