When McCulloch refused the state decided to file a lawsuit against him. In McCulloch’s case, he lost on the district level to the state of Maryland and he lost his appeal. It was only after this that it was brought before the court for review. It was only then that the court decided to go with McCulloch because the act of taxing a federal entity goes against that of the Constitution and although states have their own Constitution they do not override the Constitution of the United States because it is the “law of the land”. It was then that they annulled the prior judgment.
In Taylor v. Porter and Ford the Court and the constitution both made the right decision because there is no law in the state’s constitution that allows private individuals to pay compensation to achieve their own interests by trespassing private property. Deciding otherwise would violate Taylor’s individual property rights and allow others to act in the same manner as Porter and Ford. Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge (1837) involves the issue of contracts clause. The Massachusetts legislature granted a charter to the Charles River bridge company in 1785. The corporate charter authorized the company to build a bridge over the Charles River and collect toll money for forty years.
When James Madison and the 56 other delegates to the Constitutional Convention met in Philadelphia in May 1787, they intended to amend the Articles of Confederation. They ended up creating a new constitution, and Madison, representing Virginia, became the chief recorder of information. Madison had helped develop Virginia’s Constitution 11 years earlier, and it was his plan that served as the basis for debate in the development of the U.S Constitution. Madison argued for a strong central government that would unify the country. The Convention
These events all led to the signing of the Alien and Sedition Acts (History 1). However, the Republicans were against these acts and argued that states had the right to nullify a federal law, leading to the creation of The Virgina and Kentucky Resolutions, which said that states have the power to choose which federal laws they want to follow. Since it was said that the states voluntarily joined the union, they could devide that the federal government went over its borders and pick and choose what federal laws they want to follow (United States History 1). The Alien and Sedition Acts severely detracted from natural rights, such as the freedom of speech. When the first ten amendments were ratified, citizens were promised the freedom of speech, allowing all humans to give their opinion about the government without punishment.
Have you ever wondered how America became a nation and the things that happened after that? The Bill of Rights was originally supposed to be started with 12. How did John Jay help America against Britain? George Washington is declared president. He picks Thomas Jefferson as secretary, Alexander Hamilton as treasure, and Henry Knox as secretary of war.
In this particular case, the U.S. Supreme Court held that the redistricting of state legislative districts does not qualify as a political question. This ruling paved way for another landmark case, Reynolds v. Sims (1964), which was a court ruling in which the Supreme Court of the United States ruled that the election of any chamber of a state legislature the electoral districts must be roughly equal in population. This was a landmark case in that “one-person, one-vote” is protected by the Equal Protection Clause, as part of the Fourteenth Amendment of the U.S. Constitution. This “one-person, one-vote” rule says that legislative voting districts must be the same in population size so that one person’s voting power ought to be roughly equivalent to another person’s within the state. This rule is a key foundation to measuring the constitutionality for the gerrymandering of state legislative
Dred Scott, slave of army surgeon John Emerson, had travelled with Emerson from Missouri to several states including Minnesota. The Missouri Compromise declared Minnesota a free state. After returning to Missouri, Scot sued for his freedom based on the grounds that he had previously lived in a free state. When the case reached the supreme court, the court ruled that living in a free state for a period of time did not make Scott a free man, that the Missouri compromise was unconstitutional because Congress did not have the right to prohibit slavery in any territory as that violated the 5th amendment, and finally that as a black man, Scott was excluded from citizenship and could not bring suit Abraham Lincoln was Republican candidate in the
When Homer Adolph Plessy, who was one-eighth black, tested this law by taking a seat in the white-only section of a Louisiana Railway train, he was arrested. Plessy contended that the segregation law violated his rights under the Fourteenth Amendment (Newton, 2006). The case was appealed up to the U.S., Supreme Court in 1896. The Court ruled in a 7 – 1 vote upholding the Louisiana Statute, although associate justice John Marshall Harlan wrote a dissenting opinion. In his dissent, he wrote that “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens…In respect of civil rights, all citizens are equal before the law” (Newton, 2006, p. 294).
The U.S. Supreme Court denied him citizenship of the U.S. even if he was a citizen of a free state. Even though the states had the power to give Scott and his family citizenship since the national government did not the national governments decree overruled the state’s
Thoreau then spend the night in jail for his offense, refusing to pay taxes, in 1848, and was released the next morning when a friend paid his tax dept. The following year he decided to write an essay on the topic, “Civil Disobedience” and was published to the public as a political stand. Thoreau argued, “It is not a man’s duty, as a matter of course, to devote himself to the eradication of any, even the most enormous wrong.” Thoreau believed it’s the people’s duty to refuse to support the government to seek improvement. Thoreau was a true believer in standing up for what is right, stating, “Disobedience is the true foundation of liberty. The obedient must be slaves.’’ Thoreau would rather go to jail then to argue to the power of the government.