John Marshalls Court :: essays research papers

By the early 1800s, the debate over national official power which had been so tactfully postponed when it surfaced in previous efforts at union (i.e., the Constitutional Convention) had again inevitably reared its head once the government was open and the neutral greatness of Washingtons reign had ended. As the major issue of the day, the argumentation of evidences rights versus big government permeated politics in a profound reconditeness and completeness it was reflected in the core beliefs and platforms of the major political parties of the day, and most issues were at unobtrusive levels reflections of this central conflict. Prominent politicians of the day, such as John Marshall and doubting Thomas Jefferson, were also outstanding thinkers with very hearty opinions on this issue.Several Acts of social intercourse proved the Legislature to be an effective battleground for the issue of federal power. In the end of the 18c, the Federalist Party enjoyed great political influ ence. Presidents and many congressmen delineate the partys goals and served as opponents to those who sang too loudly the praises of "States rights". Thus, Congress succeeded in sacking legislature that seriously challenged individual rights. The Alien Act do culture and naturalization more difficult for immigrants, and the Sedition Act comprise a substantial threat to First Amendment rights, as it specified punishment for "writing, printing, uttering, or publishing any false, scandalous, or malicious writings" about just about any branch or aspect of the U.S. government. Such a gull subordination of individual rights to Federal power evoked a strong Republican backlash, in both State Assemblies and ballot boxes. The Kentucky Resolutions were passed in State legislature attacking the Sedition Act, stating that "whensoever the general government assumes undelegated powers, its acts are unauthorized, void, and of no force" (D) Two years later, Democratic- Republican Thomas Jefferson was elected President and congressional elections followed similar trends, ending the long-time Federalist dominance.A second issue touched upon by the Kentucky resolutions was that of judicial review. The Resolutions asserted that "the government created by this compact" (i.e., the Constitution) "was not made the exclusive or final judge of the extent of the powers delegated to itself" (D) This attacked the power of the domineering Court to decide the constitutional validity of law and thus posed a threat to an important check on Legislative power. This muniment would not, however, dictate the future role of the Supreme Court that precedent was kinda set by Chief Justice John Marshall, in shape as well as in his 1803 Marbury v.