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Lecture 7

Complete Lecture 7 Notes

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Boston College
Political Science
POLI 2327

9/24/13 Lecture 7 • Constitution is famous for being a relatively short document o A lot was left unsettled, even with adoption of text • John Marshall was just put on the court right as the federalists lose power to the Jeffersonian o Doesn’t want constitution views politically – wants it viewed as fundamental law  Wants to seem apolitical….doesn’t want to be seen as doing politics, wants to be seen as doing law • Marshall… o 1) established judicial review as law in Marbury v. Madison  Planted flag in place where it could not be opposed  States don’t like national government telling them what to do • Fletcher v. Peck (Yazoo Land Case) o Planted flag there too o 2) Wants to make sure Federal Supreme Court is above state supreme courts to enforce national policy  Wants to make sure that appeals can be heard from state supreme courts at the US Supreme Court • Wants to be able to overturn state supreme court rulings o Hunter v. Lessee • Powers of National Government o 1) Bank (Implied Powers) o 2) Draft? o 3) Expansion o 4) Internal Improvements o 5) Commerce • Federalists/new Republicans want to take a broad construction on Constitution o Don’t want to thwart achievements o Parts of it rest on Popular Sovereignty  Should construe constitution broadly to allow those in the federal government to achieve their goals • Strict Constructionist held by people who supported the Compact Theory of the Union o Theory = view articulated by Jefferson  Constitution = contract among individual sovereign states that gave some powers to federal government and kept all the other powers • Very jealous of state power  Often cite the 10 Amendment • Unless it’s on the list – it’s a power of the state o Tied to strict construction of constitution  Have to construe powers of national government strictly • “One People” theory of union = view that constitution is NOT a contract among states o Union was created/ratified by “we the people”  Act of the sovereign people as a WHOLE • Tied to broad construction because if constitution is the will of we the people as a unified whole, then why shouldn’t we have the power to achieve our national objectives when we want to? • Civil War ended the Compact Theory of the Union • Jefferson doesn’t like judicial review o Takes a view called departmentalism – the court does not have the power to void the laws of a coordinate branch of government  Doesn’t have power to strike down anything from congress or executive o If the Supreme Court can do that, then they should be article 1, would make courts supreme and dominant over other branches of government – would decide how to run America o Departmentalism – the idea that each branch should have the power to
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