history
...vernment was simply a compact created by individual states and maintained for their common interest. And because of this the federal government depended on the good will of the states, which could declare federal laws null and void. This response to the federalist’s use of federal power brought the disputed relationship between law and state’s rights into national prominence. 2.) Discuss Marbury v. Madison. Give the history of the case, the decision(s) of the court and the importance of the case. Justice Marshall’s first major case as chief justice was a case known as Marbury v. Madison. The case was brought to the Supreme Court when Thomas Jefferson’s secretary of state, James Madison, refused to deliver John Adam’s tardy appointments of federal judges before his term ran out. One jilted appointee was William Marbury, with the support of his party he filed a suit in the Supreme Court, claiming section13 of the Judiciary Act of 1789 gave the Court the power to issue an order demanding that Madison deliver Marbury’s appointment letter. Chief Justice Marshall was certain that the Judiciary Act of 1789 required Madison to deliver the appointments, but Marshall was aware that was well aware that if he ordered Madison to deliver it and Madison, refused, the court did not have the power to enforce the order. Rather than risking a tarnishing blow to the Supreme Court Marshall decided to issue a three-pronged ruling. In Marshall’s decision he concluded that the jilted judges deserved their commission, Marbury’s Writ of Mandamus was the proper filing method, and congress cannot constitutionally increase the original jurisdiction of the Supreme Court. Therefore, the Supreme Court could not hear Writ of Mandamus claims and Marbury lost. Also Marshall decided that Section 13 of the Judiciary Act of 1789 was unconstitutional. This set up the Supreme Courts power of judicial review. Also with this ruling Marshall shrewdly placed political shoe on the other foot. Jefferson and Madison accepted Marshall’s decision because it meant that that the authors of the Virginia and Kentucky resolutions did not have to commission Adam’s appointments. 3.) What were the major causes of the War of 1812 and how were they dealt with in the treaty that ended the war. The factors that called for war in America were plentiful. America, in 1808, experienced a very large depression with the loss of foreign trade to both France and England. The Prophet, Tecumseh, and the Western War Hawks gave Americans the idea that a revolt from the Indian tribes was being spurred on by British influences. Westerner’s, who wanted to move west advocated for war because the Indian tribes were halting their advances. Madison’s easy victory in 1811 disguised a divided nation. Federalists attracted support because of the depression caused by the embargo. A new Republican congress did not support Madison’s moderate approach to England, the republicans wanted war. Also, southern and western interests finally pushed the nation into the choice for war with Great Britain. Early in 1811 Madison was forced to suspend all trade with the British. In the west Tecumseh and Governor William Henry Harrison reached a stalemate over the Fort Wayne Treaty. Harrison would eventually claim that the British were at the root of these Indian hostilities, and asked for federal aid. With all of these discrepancies in America, Congress was forced to declare war on England. Although there were some moments in the war where America seemed like a recognizable military force, the war was for the most part a disaster. But after generations upon generations were constrained by fighting one enemy or another, the English made a demand for peace. When the English’s final offenses in America failed to bring immediate victory in 1814, we began negotiations. The Treaty of Ghent ended the war, and from a diplomatic point of view, it seems as though the war never really occurred. 4.) Discuss Andrew Jackson, his involvement in the Indian Wars, the Battle of New Orleans, and his preside...