He maintained philosophies throughout his presidency that consisted of a government where the constitution, by only its written words, led capital hill, and that any unreasonable act placed upon the citizens of America was uncalled for. Thomas once compared these taxes to a characteristic of hell in a letter to James Madison (Doc A). Thomas wanted nothing to do with unreasonable taxes to fund the debt of the United States. These excise laws, such as the Whiskey Excise, were unconstitutional, as he wrote that the first mistake was passing it b... ... middle of paper ... ...tional. He once believed that these actions were injustice, but in the end of his presidency he left with this act placed upon America, like a stamp indicating his changed self.
The new chief justice of the Supreme Court, John Marshall knew that the court issued a writ of mandamus, Jefferson would ignore and effectively weakening the authority of the courts. But if the Court denied the writ, the court would appear to others that it acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law (Marbury v. Madison,1803). Instead Marshall found a different path. The court would chastise the Jefferson administration for their actions while enhancing the court's power.
William Marbury was appointed to be Justice of the Peace in the District of Columbia, by President John Adams. However, President Adams failed to finalize his commission before leaving office. James Madison then refused to issue the documents. This is when William Marbury petitioned the Supreme Court to order James Madison, the new Secretary of State to produce the documents. The supreme court ruled that while the withholding of the documents was
Madison vs Marshall Upon the Declaration of Independence, a “plan of confederation” was offered to be prepared for the colonies. This plan, known as The Articles of Confederation, established a “league of friendship” among the states rather than a national government. The most significant fact about the created government was it’s weakness, it could not enforce even the limited powers it had. In James Madison’s words, in his Federalist Paper #10 “complaints are everywhere heard…that our governments are too unstable”. The states had won their freedom but had been unable to form a nation.
Thereupon Marbury, one of the midnight appointees, went to the Supreme Court requesting a judicial order, writ of mandamus, to compel Madison to deliver his commission. Article III. Section 2, of the Constitution gives the Supreme Court original jurisdiction only in cases affecting the Ambassadors, other public Ministers and Consuls, and those in which a state shall be a Party. Marbury’s case did not fall in that category. Marbury went to the Supreme Court because in his view an act of Congress, Section 13 of the Judiciary Act of 1789, authorized him to do so.
Judicial review was enacted as a checks and balance step when concerning the government and the interpretation of the U.S. Constitution. Judicial review gives the court the power to review and change laws and government acts that violate the Constitution (Huq, n.d.). Allowing the court system this power helps prevent government officials from using the Constitution to illegally use their position in making laws and regulations in the United States. The judicial review was first used in an unusual way and under unusual circumstances. The most important case in Supreme Court History was in 1803 with Marbury v. Madison; coincidently, it was the start of judicial review.
Acting Secretary of the State John Marshall had affixed the official seal for the justices of the peace to the commissions. However they did not get delivered until the day after Adams left office. The day after Thomas Jefferson was inaugurated; James Madison was the new Secretary of State was directed to withhold delivery of the commissions which included William Marbury and 16 others. Murbury sued to have his commission handed over by Madison. Because of the Presidential seal of the United States, Marbury had the right to judicial review because the seal made it official.
America was not ready to switch from an isolationist state to an international peacekeeper. The American senate wanted to make changes to the treaty in order to secure their international stand on domestic issues. But Wilson was unwilling to compromise on securing peace for mankind, so Wilson gained nothing. The ratification of the Treaty of Versailles and the League of Nations would fail, however the idea still burned on, and the United Nations would be formed after the Second World War.
Locke’s ideas helped created our form of government by calling separation of legislative and executive powers. Base on Obama’s actions Locke would agree that this bill is needed because he is ignoring his duty. However Locke’s idea of separation of powers is different from ours, given what he wrote, there is proof that he would be slide with those wanting to force the President’s hand in this issue. John Locke’s ideas of separation of power is a lot different from our idea. Locke believed in a limited monarch, and we clearly do not.