The challenge was to create a strong central government without letting any one person, or group of people, get too much power. How did the Constitution Guard against Tyranny? “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny.” (James Madison, May. 1787). The Articles of Confederation wasn’t working for the fifty-five individuals at the Constitutional Convention on May of 1787 in Philadelphia.
1) What differences are there between the Articles of Confederation and the Constitution in regards to the Legislative branch of government? A.O.C.-no executive with power. President of U.S. merely presided over Congress, 13/13 needed to amend Articles, 9/13 needed to approve legislation. Constitution- Executive branch headed by President who chooses Cabinet and has checks on power of judiciary and legislature, 2/3 of both houses of Congress plus 3/4 of state legislatures or national convention, 50%+1 of both houses plus signature of President. 2) What differences are there between the Articles of Confederation and the Constitution in regards to the Executive branch of government?
The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.' Courts have issued numerous rulings about what this means in particular cases. The precedent it sets shakes the judicial system foundation to its very core. Taking legal decisions out of the hands of a majority and putting it in the hands of one. Terri’s law was ruled as unconstitutional in a seven to zero vote by the United States Supreme Court.
Thomas Gibbons, another steamboat operator, competed with Aaron Ogden on this same route but held a federal coasting license issued by an act of Congress. Ogden filed a complaint in New York court to stop Gibbons from operating his boats, claiming that the monopoly granted by New York was legal even though he operated on shared, interstate waters. Gibbons disagreed arguing that the U.S. Constitution gave Congress the sole power over interstate commerce. After losing twice in New York courts, Gibbons appealed the case to the Supreme Court. The Supreme Court determined that the commerce clause of the Constitution grants the federal government the power to determine how interstate commerce is conducted.
Chapter 2 Due Class #4 1. What did Marbury v Madison establish? The doctrine of judicial review was not legally established, however, until 1803, when the United States Supreme Court rendered its decision in Marbury v. Madison.1In that case, the Supreme Court stated, “It is emphatically the province and duty of the Judicial Department to say what the law is. . .
Basic Principles of the War Powers By Louis Fisher Article Review Abstract The article by Louis Fisher entitled Basic Principles of the War Powers examines the history and established regulation of war declaration under Article I of the United States Constitution. The framers of the Constitution of the United States specified that the executive power of war would be transferred to Congress as a measure to prevent the establishment of a monarchy form of government. After World War II, the power of Congress to grant war powers to the President has appeared circumvented because of conflicts in Korea and Vietnam without specific approval from Congress. The article by Louis Fisher outlines the power vested in Congress to grant war
* By the vote of 9 states VOCABULARY FOR THE CONSTITUTION: ♦ Enumerated powers: powers specifically delegated to the federal government in Article 1, Section 8 ♦ Delegated powers: same as enumerated ♦ Implied powers: those necessary to carry out the tasks/powers expressly delegated to the government; “necessary and proper” ♦ Advice and consent: refers to the role of the Senate in confirming presidential appointments and ratifying treaties ♦ Writ of habeas corpus: can’t be held in jail/detained without charges against ♦ Bill of attainder: law that singles out individual or group for punishment without trial ♦ Naturalization: granting citizenship ♦ Pocket veto: President not returning a bill to Congress during the 10 day time from before Congress adjourns ♦ Ex post facto: after the fact; retroactive law THE FIRST 10 AMENDMENTS: THE BILL OF RIGHTS: * First: no gov’t est. religion; freedom of religion, speech, press, right of the people to peaceably assemble, petition the gov’t for redress of
Madison which was in 1803. Secretary of state, James Madison held up one of John Adam’s “Midnight Judges” appointments; he was wrong to prevent William Marbury from taking office as justice of the peace for Washington County in the District of Columbia. Marbury sued and never received his job. However, it also ruled that the court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury. The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the Marshall court ruled the Act of 1789 to be an unconstitutional extension of judiciary power into the realm of the executive.
The year was 1798 when the Federalists Congress passed the controversial Alien and Sedition Acts. It was signed into law by President Adams. According to "U.S. History Pre-Columbian to the New Millennium" (2008-2012), “The Sedition Act was a violation of individual protections under the first amendment of the Constitution.” This did not matter because “Judicial Review” had yet to be developed. Because justices were powerful federalists, James Madison, and Thomas Jefferson collaborated in private and authored the Kentucky and Virginia Resolutions. These resolutions declared that federal laws are invalid in their states and provided a classic statement in support of states’ rights (Kelly, 2012).
Thoreau implies that as long as one moral person can stand up for himself, others will follow and eventually force change. Second, civil disobedience is a method of political engagement: its goal must be aimed at bringing the law into conformity with the requirements of justice. No civil state is perfect – all contracts have compromises and flaws. As a united people of a state, it must have its general will parallel to the path of justice to ensure freedom and equality. Therefore, the general will of the people requires that laws be amended to reflect morality and justice.