Explain the relationship between Hayne’s argument and the Virginia and Kentucky Resolutions of 1798. Hayne argued that states should have the right to decide what is best for their state, even if it means opposing the federal government. In the Virginia and Kentucky Resolutions, they state that “the States who are the parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them”. In the Kentucky Resolution, it states, “that the government created by this compact was not made the exclusive or final judge of the extent of the power delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers;… each party has an equal right to judge for itself”. These two resolutions support Hayne’s argument.
What defines a Constitution? Constitutions should set down rules which provide a legal basis for determining how a Country should be governed. They ought not only to define the Institutions of the State in question but also should place restrictions on them and act as a restraint on Governmental power in order to protect the rights of the State’s citizens. S. E. Finer, V. Bogdanor and B. Rudden describe Constitutions as: ‘codes of norms which aspire to regulate the allocation of powers, functions, and duties among the various agencies and officers of government, and to define the relationship between these and the public.’ The aim of this essay is to understand whether or not the ‘codes of norms’ in the UK make up a clear Constitution. Generally, most countries have a Codified Constitution where the rules of government are written down in one key document, although the extent of how much of the Constitution is actually included in this document varies.
John Locke: State of Nature, Social Contract, government protects life, liberty & property Harold Lasswell: “Who gets when, where and what?” $$$ David Easton: authoritative allocation of values. Symbolism Magna Carta- taxation with consent Representative Institutions: British Parliament, colonial legislatures Religious toleration: idea that we can agree to disagree on very important things. Who wrote the Declaration of Independence? Types of government: Unitary, Confederation, Federal. What is federal supremacy?
Principle of limited government - protects us from having our liberties infringed upon to ensure our 'safety'. 40. Separation of Powers – basic principle of American system of government, that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government. Creation of three distant government 41. Purpose of legislative branch – makes laws 42.
He argued that they lack the power to act so they are weak. According to Hamilton (1788), they possess “merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments” (p.256). Hamilton (1788) pointed out that the court may sometimes be biased but, “the general liberty of the people can never be endangered from that quarter” (p. 256). In respect to the interpretation of the law, Hamilton (1788) believed that the constitution is “a fundamental law…” (p.257) and, “if there be an irreconcilable variance between the two, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents” (p.257). He is indirectly saying; court’s rulings give back power to the people.
Judicial review doctrine was established in order to stem the tyranny of the influential under which legislative and executive actions are subject to review by the judiciary. Specific courts such as the U.S Supreme Court have the power to decide whether a law enacted by a legislature is or is not constitutional. The landmark case that established judicial review was the February 24, 1803, Marbury v Madison one of the most important case in history. The decision by Chief Justice Marshall played an important role in making the Supreme court a separate branch of government with Congress and the executive. case matter presented was an unconstitutional attempt to expand the subject-matter jurisdiction of a federal court.
Statutory law has priority over case law. The course book stated, “Statutes and the U.S. Constitution comprise one body of law called enacted law” (Yelin, Samborn, 2006). In the balance of power in the U.S system, courts may declare Statutes to be unconstitutional if they violate the
What is a case of first impression?! — Binding authority is any source of law that a court must follow when deciding a case. Persuasive authority is when court review persuasive precedents when no binding authority exist.! —Courts can depart from precedents if the precedent is based on a clearly erroneous application of the law. When there is no precedent to base a decision is called first impression.
Constitutionalism: government that is structured by law, and in which the power of government is limited. xxiv. Limited government: government that is restricted in what it can do so that the rights of the people are protected. IV. Origins of American Democracy G. Democracy's Origins in Popular Protest: The Influence of the Reformation and the Enlightenment H. The Modern Political Philosophy of Hobbes and Locke I.
Constitution limits power by handing it down to states. The states in return tell the federal government what they want. However, probably the most important aspect of our constitution is that fact that the Supreme Court ensures the appropriate division of power. Tocqueville further explains that through the Constitution, the power is handed down to the states. However, the federal Supreme Court ensures the appropriate division of power.