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Powerful Federal Government

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In the beginning many argued how powerful should our federal government be. Many questions were raised on what instances did the federal government had the standing and precedence to act. Notable figures who disagreed were Alexander Hamilton and Thomas Jefferson. The power of the nation expanded greatly between the years of 1789 and 1820. Economical policies by the treasury, decisions by the Supreme Court and the Acquisition of more territories resulted in more powerful federal government. Alexander Hamilton was the Secretary of the Treasury while George Washington was President and he was one of the main proponent to having a stronger federal government. One of policy that made the government stronger was when he allowed for it to pick …show more content…

The first of many was Marbury v. Madison. The Court formed the basis and established the exercise and practice of judicial review in the United States under the Constitution. The decision defined the boundary between the branches of the American form of government so it could provide the proper checks and balances. Many Anti-federalists disagreed stating that this decision would give the federal courts too much power and authority. They pointed that nothing in the Constitution established the power of judicial review. McCulloch v. Maryland was a case that decided if states had the power to tax national banks within their jurisdiction. The federal government had not asked for permission to open the bank in the state, and it was competing with banks established by the state. The state legislature then passed a law taxing all banks in Maryland that were not chartered by the state. The Court ruled that the United States government did have the right to establish a bank in Maryland and that the state of Maryland could not tax the bank for doing so. Cohens v. Virginia questioned if the Federal supreme court had to the right to review cases in the State Supreme Court. The court ruled that it had the authority decide all cases of every description under the laws of the United States.This case strengthened the federal Court 's jurisdiction. Another example of a court case that expand

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McCulloch vs Maryland Summary In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland.

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McCulloch v Maryland Facts of the Case In 1819 the United States had a federal bank, the Bank of the United States. The state of Maryland taxed every person that did business with banks out of the state. Also they decided to tax the federal bank to impede their operation. They prohibited the issuing of all bank notes except the ones issued by the state. There were fees and penalties established if this regulation was violated.

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John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

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The United States of America between the time period of 1800-1835 were creating the first modern democracy. They had a separation of powers by creating a Legislative, Executive, and Judiciary Branch. The Legislative branch being the the Senate and House of Representatives, the Executive branch being the President and his advisors, and the Judiciary branch being the Supreme court. The Supreme Court informed and validated all the laws. In the end, the Supreme Court in many of their cases like Gibbons v. Ogden, McCulloch v. Maryland, Marbury v. Madison, and Cohens v Virginia made decisions that sought to assert federal power over state laws and the primacy of the judiciary in determining the meaning of the constitution.

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59. Marbury v. Madison is the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" the power of federal courts to void acts of Congress in conflict with the Constitution. The facts surrounding Marbury were complicated. In the election of 1800, the newly organized Democratic - Republican Party of Thomas Jefferson defeated the Federalist party of John Adams, creating an atmosphere of political panic for the lame duck Federalists. 60.

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Marbury Vs Madison establishing Judicial Review allowed the Federalists to maintain checks and balances on the Democratic Republican-controlled Legislative and Executive branches. McCulloch Vs Maryland, establishing that Federal institutions could not be taxed by state law allowed the government to increase its own wealth. Gibbons Vs Ogden established that federal licenses outlawed state-granted monopolies and allowed the government uninterrupted trading power for domestic economics. All these helped move the Federalist agenda of increasing power in the central

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The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.

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John Marshall wrote, “the theory of every such government must be, that an act of the legislature repugnant to the constitution is void” (Findlaw.com, 2015). This was the first time the court nullified an act of Congress. Ultimately, the ruling by the Supreme Court brought into question the power of judicial review and their future involvement in regards to federal

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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.

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In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

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In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

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After gaining a seat in the Supreme Court and the case of Marbury versus Madison, Marshall created another segments of the court that revises actions of the executive and legislative branch, the judicial review. Because of the Judicial Review, the Supreme Court has the authority to have the final verdict on court cases and to rule something as unconstitutional. Before John Marshall, the judicial branch was not as strong as the other two branches, but with his intervention all branches were able to reach equality. The citizens during the time period had a higher probability to have a fair verdict without corruption and citizens, today, continue to have that liberty. Since, the Marbury versus Madison case, the courts continue to use it as a foundation of how the Supreme Court functions to avoid any unfairness or abuse of power.

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The Executive, Legislative, and Judicial branch were created and they all have equal powers. Federalist No. 51 states, “It is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others … But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.” The Anti-Federalists believed the executive branch had too much power and that it became a monarch government. Richard Henry Lee's Objections to the Constitution states, “In the new Constitution, the President and Senate have all the executive, and two thirds of the legislative power.

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As the country started to grow, the power of the Federal Government had also started to grow. The power that the Federal Government had, started to create conflict between the States ' and the Federal Government. By the 19th century, cases started to appear more frequently that challenged States ' rights against the National Government. Around the early 1800s, the major national concern was finical stability. The charter of the Bank of the United States had expired in 1811 and the Democratic-Republican Madison administration and the Republican Congress had failed to renew it.

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Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.

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