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Federal v. State Government


To this day the relationship between federal and state governments in respect to the constitution still effect the everyday person. Many people feel that it is unfair that a state government can null and void a federal law. But on the reverse side, people feel that it is unfair that the federal government can make a law legal without knowing the feelings and ideas of the people. Throughout history, there have been events that test the limits of federal and state governments. A recent event that proves federal and state governments are separate is the topic of gay marriage. The way the government is handling gay marriage has been shaped by earlier court cases. Madison and McCulloch v. Maryland, as well as the debate towards slavery in the southern states, have helped mold the government into what it is today.
A major turning point in our history that effects the government we all follow today was the case of Marbury v. Madison. During this case, Marbury wanted Madison to deliver him his appropriate commission. The Jefferson administration felt if they ignored this request they would be looked at as a weak administration. On the other hand if they did not issue him his writ then they would be looked at as fearing Marbury. Marshall felt that Madison should of been issued the commission because of the Judiciary act of 1789 which states, “ The supreme court has the power to issue writs” but this exceeds the authority of the constitution therefore declaring this null and void. This was the first case the supreme court was allowed to declare an act by congress or the president unconstitutional only if they exceed the power granted by he constitution. Further more the court became the main arbiter on what the constitution states. Since this case the supreme court plays an equal and important role in our government today. (Document F)
Another important event in our government’s history was...