Thomas Jefferson and James Madison both made the Kentucky and Virginia Resolutions when the government started to gain power that they did not have constitutionally. They argued that the Constitution was a compact among the states. The federal government had no right to exercise powers not specifically delegated to it. If the federal government assumed such powers, its acts could be declared unconstitutional. Both Jefferson and Madison agreed that the states should not be succumbed to the abuse of power that the government was inflicting upon them. They agreed that the States should have an important decision in how the government is run, Jefferson and Madison did have some differences though; including, the power that the states had themselves.Jefferson declared that the states should have enough power to …show more content…
(Kentucky Resolution of
In a quick observation, it may be easy to observe that the Constitution of Virginia is much larger in length and detail than the United States Constitution. There are many differences between these two constitutions besides the authors or contributors being that James Madison contributed to both, however, he was not the complete author of the Constitution of Virginia (Constitutions of Virginia). Both Constitutions have the same idea in which it holds three separate branches of government, however, differences include the detail and content brought amongst the articles. Differences include, but are not limited to, division of the three branches, extra articles and policies, and the amendments. They
Facts: On October 13, 2005, in Lexington, Kentucky police officers set up a sting operation to catch a well-known drug dealer. They watched as the suspect made a sale of crack cocaine to a person and walked off as if this is a normal thing. The suspect was Mr. Hollis King, and he was hiding out in an apartment complex with some of his friends. The police watched as the suspect at hand made a transaction with someone selling those drugs. The officers then radioed out that the suspect was on the move and moving towards the entryway of an apartment building. The Lexington Police entered the apartment
James Madison introduced the Virginia Plan which had the idea of a bicameral legislature and was in favor of larger states. As you can imagine not everyone liked this idea especially the smaller states because it seemed to be exclude them from having a voice. This is when William Paterson knew he should do something, this is when he introduced the New Jersey Plan. The New Jersey Plan proposed a unicameral legislature and had a one vote per state mentality and of course favored the smaller states. This plan did have one idea in common with the Virginia Plan and that idea was separation of powers or having the three branches of government; legislative, executive and judicial. James Madison did not take a liking to this proposal or anyone in favor of the Virginia Plan for that matter because it was an alternative option to their
James Madison penned Federalist Paper No. 45: The Alleged Danger From the Powers of the Union to the State Governments. Madison’s reason for writing this particular paper is to convince the states that ratifying the Constitution will not take away all of their power. Throughout his paper Madison constantly reiterates how the Constitution makes it a point that the state legislatures will be directly involved in the process of electing those who would run the federal government. “Without the intervention of the State legislatures, the President of the United States cannot be elected at all” (Madison 45). He clearly states the point
In 1828, Congress passed a protective tariff that made the southern states extremely angry, because they felt it only benefited the northern states. Calhoun argued the federal government only existed for the will of the states, so if a state found a federal law unconstitutional and did not support it, the states have the right to "nullify" that law within its borders. This is similar to the Virginia and Kentucky Resolutions because they stated that the Alien and Sedation acts were unconstitutional. It argued that the states had the right to declare unconstitutional acts. Also, both of these were written anonymously at the time by vice presidents, Calhoun and Jefferson.
For instance, powers given to central government are conduct foreign relations, declare war, and regulate trade. While powers given to states are set up local government, hold elections, and establish schools. James Madison (the author of Federalist Paper number fifty-one that shows the idea of federalism) believed by separating power between state and national government that they have enough power to make an impact, but at the same time not too much power that they have control over everything. As James Madison said, “The different governments will each control each other, at the same time that each will control itselfs” (Document A). This show that the national government have right amount of power to help the country’s major needs and the state government have the right amount of power to help the state’s major needs. So these two forms of government can operate by itself, but at the same time they work together to help the nation’s needs. Overall, this prevents tyranny through federalism because the state and national government are working together to benefit the nation instead of giving either form of government the overall power of the
The Commonwealth of Virginia v. Allen (609 S.E.2d 4, Va. 2005) was a fascinating case. The case focused on two expert witness testifying for the state and the other for the defendant, and if they acted and behaved ethically during the proceedings. Successive information will be addressed to prove the thought process behind my opinion given in this case. The APA code of ethics and specialty guidelines will be used to support my reasoning. Furthermore, they will serve as a baseline of boundaries within the profession to determine the expert witness’ influences to the case as well as their behavior within the profession.
This document analyzes the Virginia resolution and Kentucky resolution and what they resolved respectively on their own as resolutions.
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent
The main purpose of the Virginia and Kentucky Resolutions was to nullify the Alien and Sedation Acts which they deemed unconstitutional. They felt that the federal law that inserts the progress of evil should not be upheld in those states that considered it unconstitutional (“Virginia and Kentucky resolutions,” 1798., para. 3). Thomas Jefferson felt that the harmony of the Union by the senseless aforementioned acts would be disturbed thus the citizens of the Union, as a duty, should stand for the liberty and happiness of the states. The wanted end result of the Virginia and Kentucky Resolutions never came to fruition. There were no other states willing to back the resolutions that were brought before Kentucky and Virginia legislation.
The Jeffersonian ideals are further expressed in a document from Jefferson to Samuel Miller, a minister (Document B) where Jefferson strongly opposes the idea of government in correlation to religion. He clearly states that no power according to the Constitution was delegated to the general government to assume any authority in religious discipline. In addition to Document B, Document H displays the Jeffersonians strict interpretation of the federal Constitution. Here, James Madison shares his decision with congress on an Internal Improvements Bill. The bill asked approval for federal funds that would go towards constructing roads and canals and improving water navigation. Despite understanding the importance and benefit of the bill, Madison withheld his signature from the bill solely because this power was not expressly given by the Constitution. He goes on to state that
As an entire body, The Kentucky Resolutions of 1798 declare that the states wanted to have an opinion over the federal government. Jefferson wrote these resolutions hoping to lessen the power the federal government carried. The
The Alien and Sedition acts were a series of acts passed that would give greater power to the federal government as a whole. It put federal incentives over the states power when they didn’t agree with such revisions. The constitution was put at risk due to the acts being unconstitutional. Jefferson was afraid of the government to become a monarchy due to the overwhelming power that was being bestowed on the federal level. The voice of the states were being hushed and their will to operate under their own decisions were being taken away. Most states disapproved of the acts that were being implemented and that is why Jefferson created the Kentucky Resolution so the states could raise their fists to come together and repeal the laws set by Congress. Jefferson's Kentucky Resolutions put into question that the states should have the ultimate claim in nullifying a law and deeming it unconstitutional. All in all, to claim something as “void and of no force” to repeal the acts of
Then there were Anti- Federalists who believed that the bulk of duties should continue to be left to each state's own discretion, so that there would be no misrepresentation of the people it governed. It's left to say that neither side saw eye to eye, but would eventually reach a "compromise", the Federalists would institute their version of the Constitution which had a clear notion of Central Government and it's duties. The Anti-Federalists would receive an additional amendment to the Constitution (The Bill of Rights), which would protect the personal liberties they were convinced a Central Government would revoke. Both sides seemed fairly satisfied with the outcome, though there was still fear of that popular tyranny from the outside. But the act of tyranny they should have feared was their own, for the Framer's motives for creating a new constitution was really protecting the few (the rights of the Wealthy) against the many (the non-elite).
This meeting was arranged in 1787 in which leaders wrote the U.S. Constitution. At first leaders were divided on the representation of Congress. Also, because leaders such as Madison and Patterson had different ideas on representation, they proposed three different plans. These plans were the Virginia Plan, the New Jersey Plan and the British Plan. Ultimately the ideas of the Virginia Plan became the basis of the new government system. The government then divided into three branches of Judicial, Executive and Legislative. However, groups of people, such as the Federalist and Anti-Federalists were still divided on the Constitution. An example that contributed to conflict between these different groups of people can be seen in the Whiskey Rebellion, when Congress passed a tax on whiskey. The Whiskey Rebellion cost small producers more than large producers. Many of these men had fought in the Revolutionary war and now were being taxed on their own products to help pay for the war. George Washington could not stand for this and marched an army into places where farmers refused to obey and pay the taxes. This demonstrated that the new national government was strong and able to protect