...McCulloch vs. Maryland [1819] is a landmark Supreme Court case because of its impact on the future court cases, passing of laws, and social conscience. The case is one of the most influential cases in Supreme Court history. Chief Justice John Marshall established the doctrine of National Supremacy. National government is supreme over state governments. McCulloch vs. Maryland created the doctrine of “Implied Powers” that has become the cornerstone of American constitutional law. “This decision became the legal safeguard not only for the Second Bank of the United States and its notes, but also for paper money later issued by Congress”. This case was the first test of the constitutionality of federally chartered banks and nationally issued paper currency. The Supreme Court case of McCulloch vs. Maryland set forth important principles in American government. The case itself dealt with whether or not the Congress had power from the Constitution to establish a National Bank; also, it dealt with whether or not a state could tax or interfere with the National Bank. “In 1818, the Maryland legislature imposed a tax on the operations of the Second National Bank in Maryland. This federal bank was not very popular because it competed with the state banks for customers and it set limits on state and private loans”. “The State of Maryland pushed by the state banks, imposed heavy taxes on the federal bank. The aim of these taxes was to shut down the federal bank”. James McCulloch, the...
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...period from 1800 to 1835, Chief Justice Marshall made a multitude of decisions that expanded federal power over states laws and allowed the Supreme Court to have the power to determine constitutionality. In the last few moments of his presidency, John Adam appointed a vast amount of federalists to political positions. After these commissions were approved they were sent to the new president, Thomas Jefferson, who told his Secretary of State, James Madison, not to send out the commission's. One of the people who’s commision wasn't sent was William Marbury. He then petitioned for the Supreme Court to force Madison to send them their commissions. This lead to the most influential of the Marshall Court cases, Marbury vs Madison. Even though John Marshall thought that Marbury should have his commision, he said that the Constitution did not give the Supreme Court the power to order another part of government. Even though section 13 of the Judiciary Act of 1789 provided that these orders can be made, Marshall argued that this section of the act was unconstitutional. This...
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...Jeffrey Coleman POS 1010 Arizona vs. United States In 2010, Arizona highlighted policies that would ultimately affect the lives of many immigrants who came into the U.S without legal permission. Many civil rights groups had seen this as racial bias. These became an issue with federal government and they challenge this as “unconstitutional” this act was in fear that Arizona was trying to neglect the sovereign powers of the federal government on federal immigration laws. Arizona passed the law that makes it a state misdemeanor crime for any aliens or immigrants to be in the state of Arizona without carrying the required documents of registration. This law was made clear and constitutional through the 10th amendment. This Amendment states that “Those powers not delegated to the United States by the Constitution, nor prohibited by it to the states are reserved to the states respectively or to the people”. In clearer words this gives states the power that federal government does not cover by the constitution or “police powers”. For example if Arizona wants to exercise a new law in there state they have the right to do so if the national government to cover that subject of matter of the law. People who don’t agree with this law say that this encourages racial profiling, while people who support this law say that this prohibits the use of a race as the sole basis for investigating immigration status. This law was later modified by Arizona House Bill 2162 to address the issues...
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...time. However, what is often overlooked is how remarkable the successful implementation of the American government is. One of the men who helped turn the radical idea into a functioning government was John Marshall. Overall, Marshall influenced the American government in many ways but he is particularly famous for giving the judicial branch its power. Marshall was born on September twenty fourth, 1755 in Fauquier county, Virginia to Thomas Marshall and Mary Rudolph...
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...| Federal Vs State Policy Comparison | | | CJA 464 | Robert Powers | | Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing State & Federal Courts, 2013)”. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law. The Fourteenth Amendment in the United States Constitution designates that the Bill of Rights valid in each state. According to the Constitution federal law is designated to govern items passed in legislation by the United States Congress...
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...• Unicameral legislature • No power to tax • No power to raise army • No executive branch (could make laws but not enforce them) • No judicial branch • Unanimous vote needed to change Articles C) General results of the Articles • Weak and incomplete national govt. • Economic chaos o States fund the war by borrowing money from federal govt. o Govt. wants the money back o Economy dries up and leads to a “trade war” with competing interest o States taxes their own citizens since they can’t borrow money o People (mostly farmers) lose their possessions and property since they can’t pay taxes o Damages the economy even more since farm family is out of work • No sufficient national defense o Enemy 1 the British o French and the Spanish also potential threats o Native Indian tribes also potential threat • States are left largely on their own (13 separate states, no unity) D) Shay’s Rebellion 4 Key debates 1. Representation of the states (large population vs. small population) o States might be equal but not for individuals o Creates a Bicameral Legislation (2 houses) 1. Senate 2. House of reps (representation based on population) which is known as “the great compromise” o Defensive compromise; better at not getting stuff done than getting stuff done. 2. Slavery (north vs. south) • In the constitution, Slavery is OK • Importation of slaves is allowed for at least 20 years (1808) • Slaves counted as 3/5 of a person for state population – representation bonus...
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...Constitution. How will the Constitution protect one person or group from getting too much power? Tyranny means when one person or group has too much power and they don’t use it well. The Constitution guarded against tyranny in four ways; federalism, checks and balances, separation of powers, and small vs big states. Federalism guards against tyranny by distributing the power between the two governments. Federalism has given separate states power over the federal government. The state's government and federal government also share powers such as they can borrow money or...
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...One of the greatest products of the War of 1812 was the nationalism that surfaced in the United States. The nationalism took place and was evident in judicial decisions, politics, culture, and foreign policy. Nationalism has various forms: judicial nationalism, political nationalism, cultural nationalism, and foreign political nationalism. All of these forms of nationalism took place and was evident after the War of 1812. Political nationalism was evident after the War of 1812 in events like The American System, and the Era of Good Feelings. The American System demonstrated political nationalism because the plan, by Henry Clay, wanted to unite the different states with a railroad. By uniting all of the different states together with a railroad, the US would be tied together politically because the different states would send each other goods whether those be manufactured or resources. And by having a close relationship the US would be forced to have a closer relationship, in...
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...of Columbia vs. Heller and Lopez vs. the United States: a look at Supreme Court gun law cases, rulings, and the current abuse of executive privilege under the Second Amendment. The Second Amendment to the Constitution is the right to keep and bear arms by every law abiding citizen in the United States. In this dialog, we will look at the aforementioned Supreme Court cases to better understand the limitations of the Central Governments ability to interfere with this individual right. In the case of the District of Columbia vs. Heller, the primary issue in this case was the complete ban of handguns in homes within the District of Columbia unless they are unserviceable. This case was brought by Dick Heller in an action claiming that a complete ban violates the 2nd Amendment right guaranteed to the citizens of this country. In the case of Lopez vs. the United States, Congress attempted to control where individuals could carry weapons through the invalid use and exercise of the commerce clause power. At first look into the District of Columbia vs. Heller case, the power to solicit and control gun regulation belongs to the States, not the Federal Government. The District of Columbia is not a state and therefore does not possess the authority to install gun regulations on the citizenry living there as they are residents of Maryland and Virginia and are so governed by the gun laws which exist in those states depending...
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...Federal vs. State Policy Comparison Yadira Garcia Rodriguez Federal vs. States Policy Comparison In this assignment, I will be comparing and contrasting the differences and similarities of the federal and state government as it pertains to their role in the implementation of criminal justice policy, also I will address all aspects of policy development and implementation. A public policy is the body of principles that underpin the operation of legal systems in each state, also I will discuss each of the policies and how they are similar and how they are different. Federal and State policies are made to help keep our Country running smoothly. If there were no policies then keeping our Country safe would be a hard task. Policies are principles that are set to help make our Country operate on a daily bases. I like to think of it as rules that are set to keep our Country safe, because if there were no rules then everyone would be doing their own thing which could cause for a much disorganized situation and a chaos society. What is the definition of federal government? (A government with strong central powers According to "The Free Dictionary” (2012).When it comes to the federal government, their powers also control and pay the debt within this country. They also are the ones that created the rules and walls for immigration. They establish the punishment for those who create counterfeiting crimes. They also provide the fix in the...
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...Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of the united states (1789-present) Events leading up to the US constitution * By the 18th century, two-tier system of governance had evolved – local colonial assemblies vs Parliament in Britain * Britain’s involvement in the seven years’ war cost money that they tried to recoup from the colonies * Sugar act (1764) * Stamp act (1765) * Colonists responded with...
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...“career” politicians guided by the interest of their districts over the country. “Government created because of the passion of men does not conform to dictates of reason and justice”. (Hamilton) Alexander Hamilton was a staunch believer in the power of the federal government in a time when states had large debts, the military was weak and the influence of foreign powers threatened the thirteen colonies. In this timeframe it was widely believed that an aristocratic minority could take care of the interests of the majority. In the interest of a stronger federal government the framers even had to tolerate the southern slave owning states to maintain a robust alliance of a united thirteen states (Dahl). The power of the government to some extent was reduced in a few years due to growing demand of individualism and non-interference from government. This led to the complete decline of the Federalists and the emergence of the Republicans who stood for individual rights and greater autonomy of states. Eventually a resurgence of the center happened during Roosevelt’s terms in the 1930’s and 1940’s.Due to the increased suffering due to the recession he laid out a plan of massive government intervention in the economy.” One of the duties of the State is that of caring for those of its citizens who find themselves the victims of such adverse circumstances...
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...Polytechnical Institute in the year 2000 was a violation of a law passed via the Commerce Clause. A Federal law had been passed (43 U.S.C. 13981) which allowed victims of “gender motivated violence” (such as this student) to seek damages in a civil action through Federal court. The victim has since filed the civil action suit through a Federal Court using this law. The question before the court is whether anti-rape legislation is constitutional under the Commerce Clause. The rationale behind the resolution of this issue shall consist of careful analysis of whether this case falls under the precedent of Heart of Atlanta Motel vs US [379 U.S. 241] case of 1964 or the 1995 US vs Lopez case [514 U.S. 549]. It shall be determined whether the plaintiff had a right to file a civil action law suit under this law. Equally important, the constitutionality of the law under which the suit had been filed shall be reviewed as well. In the case that the law is found to be unconstitutional, the law shall be declared as such and shall not be enforced. The Commerce Clause allows the United States Congress to regulate trade among states. It had been was established in the historic 1824 Gibbons vs Ogden case. This case gave Congress the right to regulate interstate trade as long as it involved movement between at least two states. The power of the Clause was further upheld in the 1942 Wickard vs Filburn case which upheld that Congress can regulate any action which has a substantial aggregate...
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...override this veto with a 2/3 vote. If the Legislature is completely corrupt and without virtue then, it might override vetoes and pass legislation that are evil or in some way detrimental to society. Secondly, civic virtue is the motivation behind good government. Good government is supposed to serve and protect its people, two aspects of virtue. If the people running the Government are not virtuous then it is impossible for the Government to perform its duties and fulfill its purpose. Both the Federalists and Anti-Federalists agreed that civic virtue is necessary for a republic, such as the United States, to exist. 2. As you are reading the debates at the Constitutional Convention, make a list for yourself of the various conflicting interests that delegates had to compromise (for instance, between the interests of states with large populations and the interests of states with small populations). a. Which of the Constitution’s features seem to result directly from ideas in the Framers’ English and European heritage? The due process clauses can be traced back to the common law of the Magna Carta. The Bill of Rights was inspired by the English Bill...
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...Federalism What’s Important? Focus on Power/Autonomy and Money The Supremacy Clause Article VI of the Constitution: The Constitution and the laws of the U.S. are the “supreme law of the land” Federalism—Key Questions * 1. What does the “Supremacy Clause” really mean? * 2. How much “power” does Congress (or the national government, generally) have, particularly to “regulate” interstate commerce under Article I, Section 8? * What “power(s)” do states on their own still have? * 3. Which “level” of government is best-suited to handle various issues? (That is, who should do what?) * 4. Should there be “national” standards or rules in some areas? Which? Can this change? * 5. Which level of government is going to be responsible for funding the ever-growing array of programs in response to demands by the people? * “Types” of Federalism * “Cooperative” Federalism * Modern roots in New Deal Programs; * “Competitive” Federalism * Can be both a battle for scarce resources (money, primarily), but also for power/responsibility * “Coercive” Federalism * Action dictated by national government (“mandates”) McCulloch v. Maryland (see text, pp. 101—102; p. 809) * Expansion of implied powers doctrine, giving the national (federal) government more power; see Article I, Section 8 (last part) * “Power to tax is power to destroy.” States can’t take action, such as a tax, that would put the national...
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