Ernie Law Zink 3° US History 15 September 2016 DBQ Essay When the delegates met in 1787 they aimed to fix the national government. The previous governmental charter, the Articles of Confederation, failed because it was just too weak and wasn’t getting the job done. Under the Articles of Confederation, there was no court system, no chief executive, and there was no particular way for the central government to force states to pay their taxes. By creating the Constitution, it would build a stronger central government and would be able to hold the nation together.
(Sarah Ann McGill, Alexander Hamilton, Great Neck Publishing) Hamilton urged the federal government to take over state taxes and the debt left by the war. (Flash Focus: Alexander Hamilton, Lakeside Publishing Group, LLC) In 1789, when Washington was inaugurated, Hamilton became the first Secretary of State. Hamilton, although challenged by people like Thomas Jefferson, James Madison, Aaron Burr, and others, managed to balance the economy.
The Marbury v Madison case took place in 1803 when the secretary of state, James Madison, refused to seat four judicial appointees despite them being confirmed by the senate. While the court had already ruled it was wrong to prevent Marbury from taking office, the Judiciary Act of 1789 gave the Supreme Court jurisdiction. The Supreme Court announced for the first time that a court may declare an act of Congress void if it is inconsistent with the Constitution. The Court also stated that Marbury was in the right but more so that the Judiciary Act of 1789 was unconstitutional deemed so because Congress could not give the Supreme Court power to issue an order granting Marbury his commission in the first place. A similar statement came from Chief Justice John Marshall when he stated that Congress could not give the Supreme Court the power to issue an order granting Marbury his commission because Congress had exceeded its authority by extending jurisdiction.
The Articles of Confederation The Articles of Confederation are said to be weak and because of their weakness, it is sometimes assumed that they were also unpopular. Does the weakness of the Articles directly correlate with how popular or unpopular they were in the United States? Created in 1778, the Articles of Confederation became the United States of America’s first constitution after gaining independence from Britain in 1776. The Articles established a national government under the legislation of the Continental Congress, made up of legislatures from each state.
The Supreme Court has been used for basically the entirety of America’s history. Though many think of recent ones or cases in the past century when thinking about the Supreme Court, the 1800s had many Supreme Court cases that were pivotal to America. Marbury v. Madison was a case in the Supreme Court decided in 1803. When John Adams was in his final days of presidency, he nominated people to serve as justices of peace for D.C., but his secretary did not deliver all of the commissions by the time Thomas Jefferson became president, and William Marbury was one whose commission was not delivered. When Jefferson became president, he ended up disallowing his secretary James Madison from delivering the commissions, but Marbury along with other
The brilliance of the new system was each system checks upon the other system, otherwise known as checks and balances. Jefferson provided a way to prevent the feared tyranny and dictator rule. 5. Provide one example from the Constitution for each of the following principles.
The monarch may be the de facto head of state or a purely ceremonial leader. The constitution allocates the rest of the government 's power to the legislature and judiciary." (T. E. Britannica, Directory (French History))The Constitutional Monarchy lasted from 1789 to 1791 it was a revolutionary assembly formed by the Third Estate also known as the common people. It was formed to deal with some of Frances financial problems but without the king 's permission. They claimed their laws were in the king 's interest.
Lastly the Sedition Act restricted free speech among the people which violated people’s protection granted under the first amendment of the constitution. However during this time the practice of the Judicial Review was still in its early stages and therefore not always effective. These acts were ultimately what helped the democrats defeat the Federalists during the election of 1800. The Sedition Act was allowed to expire in 1800 and the Alien Friends Act in 1801. Thomas Jefferson ended up
Fast tracking to the past, on June 21st, 1780 the constitution of the United States was ratified and the “nation” was born. Along with the controversies and difficulties of the ratification, many of the founding fathers had little belief that the constitution went far enough to limit the power of the federal government but most importantly, to protect the individual liberties of the people in America. The experiences of history were that a strong centralized government was a threat to freedom and prosperity, hence the establishment of the 10 amendments proposed by James Madison with the support of the author of the ‘Declaration of Independence’ Thomas Jefferson. The First Amendment The First Amendment in the Bill of Rights was created as a promise or an assurance of individual basic freedom.
Then in the election of 1852, the success achieved by Abraham Lincoln, a republican from the north, who was a supporter of the abolishment of slavery, became the directlt and immediate cause of the American Civil War. It was the first time in the history of the country that the president was elected by regional voting, which means that the United State was on the way to seperation. President Lincoln standed in a clear position that supported the abolishment of slavery thus cause the unsatisfiction of people in the
One Federalist who had kept his job was Judge William Marbury. Many Republicans argued that all the appointments were aimed at federal power, and the law was unconstitutional. Marbury was appointed by John Adams to keep peace in the capital. When Jefferson took office, he ordered James Madison, who was his secretary of state, to cease the appointments.
Madison took place in the year 1803, during President Jefferson’s term. The court case was between William Marbury and, at the time, the current secretary of state James Madison. William Marbury had been appointed a justice of the peace for the District of Columbia in the final hours of President Adams’ term in an attempt to fill as much of the cabinet with members of his own party. When Marbury went to get his official commission certifying that he could start his job, James Madison, the secretary of state at the time, refused to deliver Marbury’s commission therefore he could not officially become a judge until he was given his commission. William Marbury was outraged and decided to take James Madison to court and sue him.
Just 29 years after America defeated its mother country Great Britain, they were at war with them again. Washington issued a proclamation asking his countrymen to be impartial to Britain and France. Then John Adams agreed to the convention of 1800, which ended the alliance between the U.S. and France. After Adams, Jefferson created the Embargo of 1807 because France and Britain was violating the U.S.’s trading rights, seizing cargoes, and kidnapping sailors. The embargo failed to make Britain respect America’s trading rights, so when James Madison can into presidency in 1809 he had the same problem.
On the other hand, Marshall ruled the Judiciary Act of 1789 to be “an unconstitutional extension of judiciary power into the realm of the executive” (Marbury v. Madison, history.com). In spite of settling this dispute, ultimately, the Supreme Court elevated and contributed to its power by establishing its right to judicial review of laws made by Congress, that power not implicitly included in the Constitution beforehand (Marbury v. Madison, www.inspireeducators.com). All things considered, the Marbury v. Madison case granted the Supreme Court of the United States (S.C.O.T.U.S.) the power of judicial review, therefore allowing the Court to declare laws passed by Congress to be unconstitutional. This had and still has a tremendous and significant impact on the United States because if not for it, the laws passed could not be declined or conferred further about, or in other words, struck down and reviewed. Our judicial system would be limited.
John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.