Popular Sovereignty, Judicial Review and

Federal vs State PowersObjective: Analyze Popular

Sovereignty, Judicial Review and Federal vs State Powers

Popular Sovereignty• The government gets its authority from the

people and reflects their will• The preamble begins “We the people of the

United States … do ordain and establish this Constitution…”, which indicates that the government’s authority comes from the people.

Popular Sovereignty Continued• The Constitution states that the people will elect

representatives. All citizens 18 years and older are allowed to vote• The Constitution declares that the people or the

states keep any powers not delegated to the national government

• The Constitution guarantees all citizens the same rights and equal protection of the laws

Video on Right to Vote

Print money (bills and coins)

Declare war

Establish an army and navy

Enter into treaties with foreign governments

Regulate commerce between states and international trade

Establish post offices and issue postage

Make laws necessary to enforce the Constitution

Establish local governments

Issue licenses (driver, hunting, marriage, etc.)

Regulate intrastate (within the state) commerce

Conduct elections

Ratify amendments to the U.S. Constitution

Provide for public health and safety

Exercise powers neither delegated to the national government or prohibited from the states by the U.S.

Constitution (For example, setting legal drinking and smoking ages.)

Setting up courts

Creating and collecting taxes

Building highways

Borrowing money

Making and enforcing laws

Chartering banks and corporations

Spending money for the betterment of the general welfare

Taking (condemning) private property with just compensation

Alien & Sedition Acts Sec 2.4 - Pg 78

1 – blah blah2 – blah blah

1 – blah blah2 – blah blah

1 – blah blah2 – blah blah

Federal Vs State Powers

Judiciary Act of 1789

• Supreme Court and federal circuit and district courts.– District Courts for Appeals

• The Judiciary Act allowed state court decisions to be appealed to a federal court – when constitutional issues were raised.

• guaranteed that federal laws would remain “the supreme law of the land.”

Alien & Sedition Acts

• Alien Acts – – Raised residence requirement for American

citizenship from 5 years to 14 years – President to deport or jail any alien considered

undesirable.

• Sedition Act– set fines and jail terms for hindering the operation of

the government – expressing “false, scandalous, and malicious

statements” against the government.

Alien & Sedition Acts

• Federal government prosecuted and jailed – Democratic-Republican editors – Publishers– Politicians.

• Law violated freedom of speech guaranteed by the First Amendment.

Alien & Sedition Acts: Virginia & Kentucky Resolutions

• The Kentucky Resolutions asserted the principle of nullification: – the states had the right to nullify, or consider void,

any act of Congress that they deemed unconstitutional.

• Virginia and Kentucky viewed the Alien and Sedition Acts as unconstitutional violations of the First Amendment

• Deprived citizens of their rights.

Marbury v Madison

• Adams leaving office• Signed papers and commissions to appointed

judges• Papers were with held• Constitution more powerful than Congress• principle of judicial review—– The ability of the Supreme Court to declare a law,

in this case an act of Congress, unconstitutional