Study sets, textbooks, questions
Upgrade to remove ads
Terms in this set (11)
"And can this national legislature be competent to make laws for the free internal government of one people, living in climates so remote and whose 'habits and particular interests' are, and probably always will be, so different."
-Samuel Adams, 1787 letter to Richard Henry Lee
-state sovereignty/compact theory
-opposition to new gov't, states cannot coexist
-Hamilton disagrees in federalist papers
"Affirmative words are often, in their operation, negative of other objects than those affirmed, and, in this case, a negative or exclusive sense must be given to them or they have no operation at all."
-John Marshall in Marbury v. Madison 1803
-rules of construction
-Marshall limits original jurisdiction to cases specified by the constitution
-Jefferson argued that all branches have equal right to interpretation
-Louisiana Purchase, not stated in constitution
"But nothing in the Constitution has given them a right to decide for the Executive, more than to the Executive to decide to them."
-judicial branch does not have exclusive power to interpret, if they did it'd be nothing but a wax ball
-marbury v madison the sc decided judicial review is real
"If such a latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to everyone, for [there] is no one which ingenuity may not torture into a convenience, in some way or other, to some one of so long a list of enumerated powers."
-Jefferson on US Bank, 1791
-Necessary and Proper Clause
-Hamilton argues this power is implied and w/o it gov't is powerless b/c they can't do anything no explicitly expressed
-Andrew Jackson 1832, vetoes a nat'l bank b/c congress does not have the powers to create parts of it (monopoly)
"Is that construction of the constitution to be preferred which would render these operations difficult, hazardous, and expensive? Can we adopt that construction (unless the words imperiously require it), which would impute to the framers of that instrument, when granting these powers for the public good, the intention of impeding their exercise by withholding a choice of means?"
-Marshall in Mcculloch v. Maryland 1819
-Prudentialism, if the means are enumerated so is the end. Bank is therefore constitutional
-1857 Justice Taney in Dred Scott, original intent and police powers, when founders said "all free men" they were not meaning slaves
"The court is pleased to remind us...that it is a constitution we are expounding. That constitution, however, conveys only limited and specified powers to the government, the extent of which must be traced to the instrument itself."
-Spencer Roane, 1819, attacking court in MC v. MD
"It is not a compact between enemies seeking each other's destruction, and anxious to insert every particular, lest a watchful adversary should take advantage of the omission."
-John Marshall regarding bank
-State v. Federal
-Bedford believe this stripped the rights of states
"It has been said, that these powers ought to be construed strictly. But why ought they to be so construed? Is there one sentence in the constitution which gives countenance to this rule?"
-John Marshall, gibbons v ogden
-interpretation, strict construction
-argues there is nothing in the constitution about how it should be interpreted, important case how the interpretation of interstate commerce
-Justice Johnson agrees, finds it silly to argue about ways of interpreting
-John Randolph felt they should adopt a liberal construction and the interpretation was important
"The full recognition of this right and title was indispensable to the security of this species of property in all the slaveholding states; and, indeed, was so vital to the preservation of their domestic interests and institutions, that it cannot be doubted that it constituted a fundamental article, without the adoption of which the Union could not have been formed."
-Justice Story in Prigg v. Pennsylvania 1842
-protection of the union
-constitution would be no bueno if it didn't allow slaves
-Salmon Chase argued congress had no power to deal with slavery, the constitution is between states
-Justice Mclean says the state and national powers are concurrent in this case
-Crittendon justifies the Fugitive Slave Bill in 1850, gives slave owners a remedy
"The words of the Constitution were before him. Why then did he not give you the plain words of the Constitution? Oh sir, I fear that the gentleman knows too well why he did not. It so happens that no such words as 'African slave trade,' no such words as 'slave insurrections,' are anywhere used in that instrument."
-Frederick Douglass, 1850, speech in Scotland
-if the union falls apart due to slavery, so be it, slavery is not enumerated
-Justice Curtis, 1857, white was not mentioned in the constitution, they did not give rights to just whites
-Jefferson on banks, it is not an enumerated power so it is not constitutional
"But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution...Thus the constituted compact has been deliberately broken."
-South Caroline seceding, 1860
-SC believes the constitution is broken, without it there is no union after the abandonment of the fugitive slave act
-Jeremiah Black, unconstitutional but shouldn't begin a war
Lincoln, unconstitutional let's go to war
-Samuel Adams concern regarding states not coexisting in a union
Sets with similar terms
NWSCC History 201 Study Guide Final Exam (Lauren W…
Texas History exam review
Poli Sci Test 1 Questions
Other sets by this creator
Ger Quiz 10
Ger Quiz 10
Recommended textbook solutions
Principles of Economics
N. Gregory Mankiw
Operations Management: Sustainability and Supply Chain Management
Barry Render, Chuck Munson, Jay Heizer
Consumer Behavior: Buying, Having, Being
Michael R Solomon
Fundamentals of Financial Management, Concise Edition
Eugene F. Brigham, Joel Houston
Other Quizlet sets
Semester 2 US History: Misc.
Persepolis Study Guide
Anatomy Exam 3