Popular Sovereignty, Judicial Review and Federal vs State Powers

1. Popular Sovereignty, Judicial Review andFederal vs State Powers Objective: Analyze Popular Sovereignty, Judicial Review and Federal vs State Powers

2. 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.

3. 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

4. Print money (bills and coins) Establish local governments Issue licenses (driver, hunting, marriage, etc.) Make laws necessary to enforce the Constitution Setting up courts Regulate intrastate (within the state) commerce Creating and collecting taxes Establish an army and navy Conduct elections Taking (condemning) private property with just compensation Declare war Ratify amendments to the U.S. Constitution Spending money for the betterment of the general welfare Making and enforcing laws Provide for public health and safety Chartering banks and corporations Enter into treaties with foreign governments Exercise powers neither delegated to the national government or prohibited from the states by the U.S. Borrowing money Regulate commerce between states and international trade Building highways Establish post offices and issue postage Constitution (For example, setting legal drinking and smoking ages.)

5. 1 – blah blah 2 – blah blah Federal Vs State Powers Alien & Sedition Acts Sec 2.4 - Pg 78 1 – blah blah 2 – blah blah 1 – blah blah 2 – blah blah

6. 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.”

7. 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.

8. Alien & Sedition Acts • Federal government prosecuted and jailed • Democratic-Republican editors • Publishers • Politicians. • Law violated freedom of speech guaranteed by the First Amendment.

9. 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.

10. 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