Judicial Review
Who decides whether an act of government oversteps the limits placed on it by the Constitution? Historically, the judges in the federal courts have made the decisions. The principle of judicial review was established early in the history of the nation. It means that federal courts have the power to review government acts and to nullify, or cancel, any that are unconstitutional or violate a provision of the Constitution.
How is Judicial Review applied today
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According to American History "This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government on a more even power basis with the Legislative and Executive Branches. The Founding Fathers expected the branches of government to act as checks and balances on each other. The historic court case Marbury v. Madison accomplished this end thereby setting the precedent for numerous historic decisions in the future." On February 14,2010 this event occured.
Another example of how the judicial review is applied today
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According to Wikipedia"Hylton v. United States, 3 U.S. 171 (1796), was an early United States Supreme Court case in which the Court held that a tax on carriages did not violate the Article I, Section 2, Clause 3 respectively the Article I, Clause 9 requirement for the apportioning of direct taxes. It found the carriage tax was an "excise" instead of a "direct tax" requiring apportionment among the states by population. The Court noted that a tax on land was an example of a direct tax contemplated by the Constitution.
It is also significant for being the first case heard by the U.S. Supreme Court challenging the constitutionality of an act of Congress; in choosing to uphold the tax, the Court exercised judicial review, although they refrained from overturning the statute. It was argued February 23, 1796 and it was decided March 8, 1796
It is also significant for being the first case heard by the U.S. Supreme Court challenging the constitutionality of an act of Congress; in choosing to uphold the tax, the Court exercised judicial review, although they refrained from overturning the statute. It was argued February 23, 1796 and it was decided March 8, 1796
A final example of how the judicial review is applied today
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According to Wikipedia "The decision of Baker v. Carr was one of the most wrenching in the Court's history. The case had to be put over for reargument because in conference no clear majority emerged for either side of the case. Charles Evans Whitaker was so torn over the case that he eventually had to recuse himself. The arduous decisional process in Baker is often blamed for Whittaker's subsequent health problems, which forced him to resign from the Court.The opinion was finally handed down in March 1962, nearly a year after it was initially argued. The Court split 6 to 2 in ruling that Baker's case was justiciable, producing, in addition to the opinion of the Court by Justice William J. Brennan, three concurring opinions and two dissenting opinions. Brennan reformulated the political question doctrine, identifying six factors to help in determining which questions were "political" in nature. Cases that are political in nature are marked by question."
How has Judicial Review been applied over time?
Shelter the King’s troops without their consent. JR
According to Wikipedia.org "The Quartering Act is the name of at least two 18th-century Acts of the Parliament of Great Britain. These Quartering Acts ordered the local governments of the American colonies to provide housing and provisions for British soldiers. They were amendments to the Mutiny Act, which had to be renewed annually by Parliament." http://www.tomwbell.com/writings/3rd.html
Guarantees as the right to a fair trial. JR
The Sixth Amendment (Amendment VI) to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. http://www.whitehouse.gov/our-government/the-constitution
In 1754 the British Board of Trade called a meeting of seven of the northern colonies at Albany. JR
In 1754, the British Board of Trade called a meeting of seven of the northern colonies: Connecticut, Massachusetts, Maryland, New York, New Hampshire, Pennsylvania, and Rhode Island. The purpose of the meeting was to discuss the issues surrounding colonial trade and danger of attacks by the French and their Indian allies. At this meeting in Albany, New York, Benjamin Franklin proposed his Albany Plan of Union (later to be known as the Albany Plan of 1754), which called for the formation of an annual congress of delegates from each of the 13 states. The purpose of the plan was to create a union that would be empowered to raise military forces, wage war and declare peace with the American Indians, regulate trade with them, levy taxes, and collect customs duties. Although the plan was not adopted by the colonists or the king, it contained many elements later incorporated into various state constitutions and the two national constitutions of the Revolutionary period. http://www.constitution.org/bcp/albany.htm
The main purpose of the meeting was to discuss the problems of colonial trade and the danger of attacks by the French and their Native American allies. JR
This is what the purpose of the Albany Plan. According to Macgruder's American Government " Benjamin Franklin offered this after the dangers of the French and their Native American allies." http://history.state.gov/milestones/1750-1775/AlbanyPlan
For nearly two months the members of that First Continental Congress discussed the worsening situation and debated plans for action. JR
According to web.hcpss.org "For nearly two months the members of that First Continental Congress discussed the worsening situation and debated plans for action. They sent a Declaration of Rights, protesting Britain’s colonial policies, to King George III. The delegates urged each of the colonies to refuse all trade with England until the hated taxes and trade regulations were repealed (withdrawn, cancelled). The delegates also called for the creation of local committees to enforce that boycott." http://web.hcpss.org/~llemle/Government%202.2
A Continental army was created. JR
According to Wikipedia "The Continental Army was formed after the outbreak of the American Revolutionary War by the colonies that became the United States of America. Established by a resolution of the Continental Congress on June 14, 1775, it was created to coordinate the military efforts of the Thirteen Colonies in their revolt against the rule of Great Britain. The Continental Army was supplemented by local militias and other troops that remained under control of the individual states. General George Washington was the Commander-in-Chief of the army throughout the war.
Most of the Continental Army was disbanded in 1783 after the Treaty of Paris ended the war. The 1st and 2nd Regiments went on to form the nucleus of the Legion of the United States in 1792 under General Anthony Wayne. This became the foundation of the United States Army in 1796." http://www.sonofthesouth.net/revolutionary-war/battles/continental-army.htm
Most of the Continental Army was disbanded in 1783 after the Treaty of Paris ended the war. The 1st and 2nd Regiments went on to form the nucleus of the Legion of the United States in 1792 under General Anthony Wayne. This became the foundation of the United States Army in 1796." http://www.sonofthesouth.net/revolutionary-war/battles/continental-army.htm
During that time the Second Continental Congress fought a war. JR
According to Wikipedia.org "The Second Continental Congress was a convention of delegates from the Thirteen Colonies that started meeting on May 10, 1775, in Philadelphia, Pennsylvania, soon after warfare in the American Revolutionary War had begun. It succeeded the First Continental Congress, which met between September 5, 1774 and October 26, 1774, also in Philadelphia. The second Congress managed the colonial war effort, and moved incrementally towards independence, adopting the United States Declaration of Independence on July 4, 1776." http://www.americanhistorycentral.com/entry.php?rec=471&view=quick-facts
Its delegates should offer the first plan for a new constitution. JR
According to Wikipedia.org this is refereed to as the constitutional convention."Several plans were introduced, with the most important plan being that of James Madison (the Virginia Plan). The Convention's work was mostly a matter of modifying this plan. Charles Pinckney also introduced a plan, although this wasn't considered and its exact character has been lost to history. Alexander Hamilton also offered a plan after the Convention was well under way, though it included an executive serving for life and therefore the delegates felt it too closely resembled a monarchy.[65] Historians are unsure how serious he was about this, and some have speculated that he may have done it to make Madison's plan look moderate by comparison.[65] The Connecticut Compromise wasn't a plan but one of several compromises offered by the Connecticut delegation. It was key to the ultimate ratification of the constitution, although was only included after being modified by Benjamin Franklin in order to make it more appealing to larger states." http://law2.umkc.edu/faculty/projects/ftrials/conlaw/convention1787.html
Under the proposed Virginia Plan, Congress would choose a “National Executive” and a National Judiciary. JR
According to digital history. "Delegates from small states protested that the plan would give larger states too much power in the national government. New Jersey proposed that all states have an equal number of representatives. Under the New Jersey Plan, which strongly resembled the government under the Articles of Confederation, Congress would consist of only one house, to be elected by the state legislatures, not directly by the people.
Delegates rejected both the Virginia and New Jersey plans. Connecticut delegates offered a compromise proposal that became known as the Connecticut Compromise or the Great Compromise. Like the Virginia Plan, it provided for a Congress with two houses. This plan provided for equal state representation in the Senate, along with representation in proportion to population in the House of Representatives. Voters in each state would elect members of the House of Representatives to two-year terms, while state legislatures would choose senators for six-year terms." http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=263
Delegates rejected both the Virginia and New Jersey plans. Connecticut delegates offered a compromise proposal that became known as the Connecticut Compromise or the Great Compromise. Like the Virginia Plan, it provided for a Congress with two houses. This plan provided for equal state representation in the Senate, along with representation in proportion to population in the House of Representatives. Voters in each state would elect members of the House of Representatives to two-year terms, while state legislatures would choose senators for six-year terms." http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=263
Its goal was the creation of a truly national government with greatly expanded powers and, importantly, the power to enforce its decisions. JR
If in periods of ordinary politics the Constitution appeared self-enforcing, the secession movement proved otherwise. The withdrawal of South Carolina and six cotton states effectively brought the government of the Union to a standstill. James Buchanan was the constitutionally sworn chief executive, Abraham Lincoln the constitutionally designated president-elect. On December 3, 1861, the second session of the Thirty-sixth Congress convened to receive President Buchanan's fourth annual message. In the days that followed, sundry Union officials might perform duties prescribed by custom and formal procedure, but as the secessionists pursued their revolutionary goal, the gap between constitutional form and political reality widened ominously. http://quod.lib.umich.edu/j/jala/2629860.0027.104?rgn=main;view=fulltext