In 1798 the “Alien and Sedations Act” would give the president the power to prevent potential threats from immigrating as well as allow detainment of populations. This was seen as a potential abuse of power and circumvention of the checks and balance systems by two states and particular: Kentucky and Virginia. While the Kentucky Resolution seems inconsistent with the framers intent, the Virginia Resolution raises seriously concerns which are consistent with my reading of the “Federalist Papers.” The Kentucky Resolution is an ambitious response, at best, to the “Alien and Sedation Acts.” It holds that “the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself.” (Frohnen …show more content…
Consequently, “it views the powers of the Federal Government as resulting from the compact, to which the States are parties.” (399) This view appears to be consistent with Publius account even viewing the goal of the union as the happiness of the public. The Virginia Resolution further agrees with Publius that the federal government is dependent on the states. This seems logical as the federal government is a collection of states and without the parts, the whole cannot exist. However, the Virginia Resolution differs in that it does seem to see the state governments as dependent on the federal government in the same way Publius does. It appears that the resolution only defends the federal government as long as it remains beneficial to the states. Despite this the Virginia Resolution still declares its loyalty to the Constitution first, showing that even if the theoretical account may differ from Publius the end is the same. From here the resolution sets out to determine its rights and duties in defending the …show more content…
The resolution holds that states “have the right, and are in duty bound, to interpose for arresting the progress of the evil.” (399) First is seems consistent with Publius that states should stop the progression of evil as the aim of government is the happiness of the public. It also seems consistent with the theory of checks and balances that states would want to protect their powers in the same way any branch would. As such it is clear that states have the right to intervene, or at the least raise questions about potential abuses of power. Despite this it does not appear to be a duty of the state to do such but instead it appears to be in the states own interest to intervene and prevent potential abuses. From here the resolution points to the “Alien and Sedations Act” as one such example of this abuse of
“In the command republic of America, the power surrendered by the people be the first divided between two distinct government’s” (Document A). The power destroyed by the republic to prevent tyranny. That’s why tyranny took place during the constitution. The Inferences is that supreme court wants to split states that didn’t agree with the constitutional power
The Virginia and Kentucky resolutions as explained by Madison and Jefferson respectively were aimed at expressing the support for the United States constitution, as well as the constitution of these states . These resolutions were also aimed at safeguarding the constitutions of these two states, as well as the act of Congress against all forms of foreign and internal aggression. These resolutions contradict with the excerpt from the proclamation on nullification by Andrew Jackson. Here, a declaration was made to nullify some parts of the Acts of the US Congress that imposed duties and imposts on all imported foreign goods. The proclamation made it clear that these parts of the US Congress Acts were a violation of the true meaning and intent
Throughout history federalism has gone through several substantial changes, such as the boundaries and balances between the state and national government. Due to this we have experienced several different era’s of federalism from the original “dual-federalism” to the “new federalism” and just about everything else in between. Dual-federalism also known as divided sovereignty was a optimistic belief that federal and state government could exist if their was a clear division between authority. The problem with this is that there was a clever mechanism in the constitution that reserved a powers clause in favor of the national government. Such cases held in Marshall court favored the national government “McCulloch v. Maryland(1819)”, “Gibbons
Both New England and the Chesapeake region were colonized by people of English origin, however despite this they developed into two very distinct societies. This difference in development can be rooted back to the geographic features of the respective areas as well as the aspirations of the settlers. New England was primarily devoted to practicing Puritanism while the Chesapeake region was focused on financial gain from gold and, more significantly, tobacco. New England was mostly settled by people who were subjected to religious persecution for practicing English Reformed Protestantism, or more commonly known as Puritanism, in Catholic Europe. These such people, who boarded the Weymouth for example, included families and their servants
The policy problem that I have identified is Georgia’s Racial Profiling Law HB 87. The problem with the policy is that it makes every citizen other than Caucasian, a target in the eyes of the police. This policy allows the local and state police the authority to ask anyone with Hispanic decent or with an accent the right to ask for identification or immigration card. This procedure is done to see if the individual is legal the issue also doesn’t give officers the proper training to identify those individuals who are residing in Georgia illegally. As a result, if a crime is committed in the Hispanic or foreign communities, no one will be willing to help the authorities because they fear being prosecuted themselves.
After the Revolutionary War, the 13 colonies found themselves in a bind. With a weak national government and no way to impose taxes under the Articles of Confederation, the burden of war debt seemed insurmountable. For the four years between the end of the war and the ratification of the Constitution in 1788, debate raged on between the Anti-Federalists, who supported the Articles of Confederation, and the Federalists, who desired to create a stronger federal government under the Constitution. Many subjects were hotly debated between the two groups, but two of the most important issues debated were the rights of the national and state governments and the Bill of Rights. While compromise on these issues eventually led to the ratification of
He does not think that it should have the power to collect taxes, duties, imports, or excises. He’s saying that congress is not accountable to the states. Suddenly, all of the power to tax and appoint people to collect those taxes would be in the hands of the general government, not the states.
Rhetorical Strategies Analysis Essay “For the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” Two hundred and forty one years ago, the American colonies began their fight for freedom -- one year later they declared their independence from Britain as the United States of America. Patrick Henry’s The “Speech in the Virginia Convention” and Thomas Jefferson’s Declaration of Independence were the catalysts for this revolution, and the reason for these documents’ fame could easily be attributed to the power within the words.
There were many bitter controversies revealed when the Alien and Sedition Acts were passed in 1798. The rise of xenophobic fears was not only found in the general public but in the heart of the lawmakers. These acts show how xenophobic fears were on a rise, however howe these expansion were not constitutional, and the excesses power given to the federal government. The Alien Act are examples of how in America, xenophobia, or the fear or distrust of people from other countries, was on the rise.
Federalism and Marijuana The scuffle over the marijuana regulation is one of the most important federalism dispute in a generation. This open-ended conflict of federal and state marijuana laws forces people to think over the protective powers of the federal drug laws and the fiiting roles of state and federal government in setting drug policy. A weaken instability and confusion have been caused due to the conflict of these states changing from prohibition to the regulation of marijuana use. Although the courts have not authorized an actual configuration of the preemption doctrine of this situation and it is argued that the precautionary extension of the Federal Controlled Substance Act is comparably reserved.
The federal government wanted to maintain its supremacy over the states, and many states were worried about giving too much power to the government. The Burr trial was seen as an opportunity for the federal government to assert its authority over the states; however, the defense argued that Burr's actions were not a violation of federal law. Burr motioned to limit the prosecution's evidence in the trial. He says, "Before the gentleman proceeds with his evidence, I will suggest that it has appeared to me that there would be great advantage and propriety in establishing a certain principle founded upon the facts which have been presented to the court. " By this, he means that "If advising to levy war be a common law treason, (that is, a treason created by the common law,) and the common law have no force in this country, how can the common law be said to have created this treason in any court of the United States?"
Over the year’s federalism has taken on many forms within our federal system. The distribution of powers within these many forms of federal systems has had to adapt to each of these forms in order to keep up with the times. The federal system initially was set up to serve the 13 original colonies and was able to maintain their own powers given by the powers vested in each colonies individual constitutions. Federalism or the split of power between colonies and the federal or nation governing body was simply to form agreements among one another in regards to laws. The state governments possessed the powers given to them by their state constitutions which was known as reserved powers and concurrent powers were state and federal government
When people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.
Assessment Question #1: In Letters from the Federal Farmer to the Republican, by Richard Lee, Lee declares that the states had more power so that they could prevent “usurpation [illegal grab of power, authority or sovereignty]”(746) from the national government. Before the Articles, the colonies were ruled by the British crown where the national government had all the power and its power did not have to be justified. At first, the articles appeared very attractive to the Framers because of this change in polarity- from extreme monarch to extreme state independence. However, years after the system took off, the framers realized that this system of government was not working because the national government had very little, if any, power.
“For the first time in American history, we have a law authorizing the worldwide and indefinite military detention of people captured far from any battlefield. The NDAA has no temporal or geographic limitations. It is completely at odds with our values, violates the Constitution, and corrodes our Nation’s commitment to the rule of law.” “For the first time in American history, we have a law authorizing the worldwide and indefinite military detention of people captured far from any battlefield. The NDAA has no temporal or geographic limitations.