x
Advanced
You Searched For:
Display by
Items 21-40 of 49

  • Federalist 74

     |  Three Branches of Government

    Federalist 74 Federalist 74 1 Alexander Hamilton The president can act "with secrecy and dispatch," two qualities which the legislature and the judiciary will never possess. March 25, 1788 The Command of the Military and Naval Forces, and the Pardoning Power of the Executive The President of the United States is to be "commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States." The propriety of this provision is so evident in itself and it is at the same time so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it. Even those of them which have in other respects coupled the ...

  • Brutus XI

     |  Three Branches of Government

    Essay XI Essay XI 1 Brutus Here Brutus criticizes the power granted by the Constitution to an independent judiciary. January 31, 1788 The nature and extent of the judicial power of the United States, proposed to be granted by this constitution, claims our particular attention. Much has been said and written upon the subject of this new system on both sides, but I have not met with any writer, who has discussed the judicial powers with any degree of accuracy. And yet it is obvious, that we can form but very imperfect ideas of the manner in which this government will work, or the effect it will have in changing the internal police and mode of distributing justice at present subsisting in the respective states, without a thorough investigation ...

  • Federalist 78

     |  Three Branches of Government

    Federalist 78 Federalist 78 1 Alexander Hamilton Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution. June 14, 1788 The Judiciary Department We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which ...

  • Marbury v. Madison

     |  Three Branches of Government

    Marbury v. Madison Marbury v. Madison 1 John Marshall (1755-1835) Thomas Jefferson's election as president is often called the "Revolution of 1800," because it marked the first peaceful transfer of power from one political party to another. Despite its uniquely pacific character, the election's aftermath was marked by partisan rancor. The day before Jefferson took office, President John Adams commissioned fifty-eight Federalist judges. Upon assuming office Jefferson ordered his Secretary of State, James Madison, to withhold their commissions. One of them, William Mar-bury, brought a case that eventually reached the Supreme Court, where Chief Justice Marshall wrote an opinion that established the power of judicial review. 1803 Mr. Chief Justice ...

  • Letter to Edward Everett

     |  Roots of the Slavery Crisis

    Letter to Edward Everett Letter to Edward Everett 1 James Madison In this 1830 response to Massachusetts statesman Edward Everett, Madison maintains that a state does not possess the authority to strike down as unconstitutional an act of the federal government. The contrary doctrine, known as nullification, would take on later significance. August 28, 1830 I have duly received your letter in which you refer to the "nullifying doctrine," advocated as a constitutional right by some of our distinguished fellow citizens; and to the proceedings of the Virginia Legislature in 98 and 99, as appealed to in behalf of that doctrine; and you express a wish for my ideas on those subjects. I am aware of the delicacy of the task in some respects; and ...

  • Speech on the Kansas-Nebraska Act

     |  Crisis of Constitutionalism

    Speech on the Kansas-Nebraska Act Speech on the Kansas-Nebraska Act 1 Abraham Lincoln Supporters of the Compromise of 1850 lauded it as a continuation of the Missouri Compromise, which had helped maintain peace for thirty years. But four years later, the Missouri Compromise was eviscerated by the Kansas-Nebraska Act. Authored by Democratic Senator Stephen Douglas, it was in fact two provisions, one providing for the territory of Nebraska and the other for the new territory of Kansas. Breaking with the Missouri Compromise's ban on slavery in this part of the country, it established the policy of "popular sovereignty": Slavery would be voted on by the citizens of each territory, and made legal or illegal according to the will of the majority. For Lincoln, this ...

  • Republican Party Platform of 1856

     |  Crisis of Constitutionalism

    Republican Party Platform of 1856 Republican Party Platform of 1856 1 Northern anger toward the Kansas-Nebraska Act reached its zenith in the late spring of 1854, when various anti-slavery forces coalesced in Jackson, Michigan. Organized around the principles of the Declaration of Independence, the Republican Party was born out of this meeting. It would adopt a platform two years later that called for repeal of the Kansas-Nebraska Act and restoration of the Missouri Compromise. June 17, 1856 This convention of delegates, assembled in pursuance of a call addressed to the people of the United States, without regard to past political differences or divisions, who are opposed to the repeal of the Missouri Compromise, to the policy of the present Administration ...

  • Dred Scott v. Sandford

     |  Crisis of Constitutionalism

    Dred Scott v. Sandford Dred Scott v. Sandford 1 Roger Taney (1777-1864) Like Stephen Douglas, Supreme Court Chief Justice Taney believed that his response to the slavery controversy would resolve the issue. His ruling in Dred Scott v. Sandford had the opposite result, throwing the country into even greater turmoil. The case was brought by a slave, Dred Scott, who was taken by his master into territory in which slavery was illegal. Asked to rule simply on whether Scott's residency in a free territory meant that he should be granted freedom, the Court ruled that Congress had no power to regulate slavery in the territories and that persons of African descent could not be citizens, rendering both the Missouri Compromise and the Compromise of 1850 unconstitutional ...

  • The Dividing Line

     |  Crisis of Constitutionalism

    The Dividing Line The Dividing Line between Federal and Local Authority: Popular Sovereignty in the Territories 1 Stephen Douglas In September 1857, pro-slavery forces in Kansas drafted the Lecompton Constitution. Their anti-slavery opponents declared the document invalid, as they had not participated in its creation. Adhering to the principle of popular sovereignty, Douglas rejected the Lecompton Constitution and called for Kansans to draft a new document. Northern Democrats, dismayed by the armed conflict in Kansas, supported his position; Southern Democrats looked on it as an act of betrayal. Douglas took every opportunity to explain his position in hopes of re-unifying his party. This speech was published in Harper's New Monthly Magazine. September ...

  • South Carolina Secession Declaration

     |  Secession and Civil War

    South Carolina Secession Declaration South Carolina Secession Declaration 1 In December 1860, South Carolina announced its departure from the United States of America, citing Abraham Lincoln's election as a primary cause. Six states quickly followed South Carolina's lead, and on February 4, 1861, they banded together to form the Confederate States of America. December 24, 1860 Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union The People of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights ...

  • First Inaugural Address

     |  Secession and Civil War

    First Inaugural Address First Inaugural Address 1 Abraham Lincoln Lincoln's First Inaugural Address, delivered a month after the formation of the Confederacy, served as a final plea for Americans to reunite. Lincoln makes clear that he has no intention to change the status of slavery in the states where it exists, having no constitutional authority to do so. He makes equally clear that secession is not a constitutional option. March 4, 1861 Fellow citizens of the United States: In compliance with a custom as old as the government itself, I appear before you to address you briefly, and to take, in your presence, the oath prescribed by the Constitution of the United States, to be taken by the President "before he enters on the execution of ...

  • Message to Congress in Special Session

     |  Secession and Civil War

    Message to Congress in Special Session Message to Congress in Special Session 1 Abraham Lincoln On April 12, 1861, a Confederate commander informed the Union forces stationed at Fort Sumter, in the Charleston harbor, of his plans to attack. The Civil War began an hour later. President Lincoln immediately called for 75,000 volunteers. Four states from the upper South seceded over the following month. With Congress out of session, Lincoln led the military effort without congressional approval for nearly three months. In this speech to Congress, which convened on Independence Day, he depicts the Confederacy as a section of the Union in insurrection rather than a foreign nation requiring a declaration of war. July 4, 1861 Fellow-citizens of the ...

  • The Emancipation Proclamation

     |  Secession and Civil War

    The Emancipation Proclamation The Emancipation Proclamation 1 Abraham Lincoln The Emancipation Proclamation, issued on September 22, 1862, promised emancipation for slaves residing in the Confederacy, unless the rebellious states returned to the Union by January 1 of the following year. The three-month deadline came and went, and slavery ceased to have legal sanction in much of the South. Although complete emancipation did not occur until the passage of the Thirteenth Amendment in 1865, Lincoln's actions earned him the nickname "The Great Emancipator." January 1, 1863 By the President of the United States of America: A Proclamation. Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and ...

  • Second Inaugural Address

     |  Secession and Civil War

    Second Inaugural Address Second Inaugural Address 1 Abraham Lincoln The South's surrender was a month away when Lincoln delivered his Second Inaugural. Lincoln looks back on the war and ahead to the task of rebuilding the nation. A little over a month later, he was assassinated. March 4, 1865 Fellow Countrymen: At this second appearing to take the oath of the presidential office, there is less occasion for an extended address than there was at the first. Then a statement, somewhat in detail, of a course to be pursued, seemed fitting and proper. Now, at the expiration of four years, during which public declarations have been constantly called forth on every point and phase of the great contest which still absorbs the attention, and engrosses ...

  • Liberalism and Social Action

     |  Progressive Rejection of the Founding

    Liberalism and Social Action Liberalism and Social Action 1 John Dewey (1859-1952) As a leading Progressive scholar from the 1880s onward, Dewey, who taught mainly at Columbia University, devoted much of his life to redefining the idea of education. His thought was influenced by German philosopher G.W.F. Hegel, and central to it was a denial of objective truth and an embrace of historicism and moral relativism. As such he was critical of the American founding. 1935 1. The History of Liberalism ...The natural beginning of the inquiry in which we are engaged is consideration of the origin and past development of liberalism. It is to this topic that the present chapter is devoted. The conclusion reached from a brief survey of history, namely ...

  • What is Progress?

     |  Progressive Rejection of the Founding

    What is Progress What is Progress? 1 Woodrow Wilson (1856-1924) After earning a Ph.D. in both history and political science at Johns Hopkins University, Wilson held various academic positions, culminating in the presidency of Princeton University. Throughout this period, he came to see the Constitution as a cumbersome instrument unfit for the government of a large and vibrant nation. This speech, delivered during his successful campaign for president in 1912 and included in a collection of speeches called The New Freedom, puts forward the idea of an evolving, or "living," constitution. 1913 In that sage and veracious chronicle, "Alice Through the Looking-Glass," it is recounted how, on a noteworthy occasion, the little heroine is seized by the Red Chess Queen ...

  • Socialism and Democracy

     |  Progressive Rejection of the Founding

    Socialism and Democracy Socialism and Democracy 1 Woodrow Wilson Wilson makes clear in this article the consequences of rejecting the idea of inherent natural rights for the idea that rights are a positive grant from government. August 22, 1887 Is it possible that in practical America we are becoming sentimentalists? To judge by much of our periodical literature, one would think so. All resolution about great affairs seems now "sicklied o'er with a pale cast of thought." Our magazine writers smile sadly at the old-time optimism of their country; are themselves full of forebodings; expend much force and enthusiasm and strong (as well as weak) English style in disclosing social evils and economic bugbears; are moved by a fine sympathy for the ...

  • The President of the United States

     |  Progressive Rejection of the Founding

    The President of the United States The President of the United States 1 Woodrow Wilson For Wilson, constitutional checks and balances and the separation of powers are indicative of the flawed thinking of America's Founders. They are means of limiting government, when the fact is that government alone can provide the people's needs. Wilson looks to the presidency—the singular voice of the people—as the best hope for overcoming the old order. 1908 It is difficult to describe any single part of a great governmental system without describing the whole of it. Governments are living things and operate as organic wholes. Moreover, governments have their natural evolution and are one thing in one age, another in another. The makers of the Constitution ...

  • The Presidency: Making an Old Party Progressive

     |  Progressive Rejection of the Founding

    The Presidency: Making an Old Party Progressive The Presidency: Making an Old Party Progressive 1 Theodore Roosevelt (1858-1919) Roosevelt's ascension to the presidency in 1901 upon the assassination of William McKinley marked the emergence of Progressivism on the national scene. From trust busting to railroad regulation, Roosevelt sought to expand federal power over a large swath of the American economy. In this excerpt from his autobiography, he offers a view of the Constitution that is compatible with his Progressive politics. 1913 ...The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the ...

  • The Study of Administration

     |  Progressive Rejection of the Founding

    The Study of Administration The Study of Administration 1 Woodrow Wilson Writing a year before Congress created the Interstate Commerce Commission, the first independent regulatory agency, Wilson argues in this article that it is only through such agencies—separate from the political process and independent of the electorate—that government can pursue its necessary ends. November 2, 1886 I suppose that no practical science is ever studied where there is no need to know it. The very fact, therefore, that the eminently practical science of administration is finding its way into college courses in this country would prove that this country needs to know more about administration, were such proof of the fact required to make out a case. It need not be said, however ...
Display by
Items 21-40 of 49