Virginia and Kentucky Resolutions
Virginia and Kentucky Resolutions
Introduction
The Virginia and Kentucky resolutions play an important role in United States history. The resolutions affirmed the rights of the states in response to the Alien and Sedition Act. The resolutions gave the states power to object government Acts considered unconstitutional. Kentucky legislature and Thomas Jefferson developed the Kentucky resolutions of 1798 and 1799. James Madison developed the Virginia resolutions were developed (Anderson 2012).
Discussion
The Virginia and Kentucky legislators claimed that the federal alien and sedition Acts were not constitutional. There were two Kentucky resolutions. The Kentucky legislatures passed the first resolution on 16th, November, 1798. Jefferson wrote the second resolution on 3rdDecember, 1799. James Madison wrote the Virginia resolution was written on 24thDecember 1798. The Kentucky resolution developed in 1978 claimed that the national government acts beyond the powers given by the constitution is void and unauthoritative.
The Jefferson resolution claimed every state had a right of nullification of laws considered unconstitutional whose language did not appear in the resolutions. Apart from nullifying the Alien and Sedition Acts, the Kentucky resolution developed in 1978 encouraged other states to join Kentucky in declaring the acts void and of no force. The resolution encouraged other states to consider the Acts void and request for their appeal to the next congress session (Anderson 2012).
The Kentucky resolution developed in 1799 responded to states that had refused the 1798 resolutions. The 1799 resolution utilized the nullification term deleted from the draft developed by Thomas Jefferson in 1798. The 1799 resolutions did not claim that Kentucky unilaterally rejected to enforce the Alien and Sedition Acts. Instead, the 1799 resolutions sated that Kentucky will admit the laws of the union and continue to oppose in a constitutional way. The 1799 resolutions asserted that Kentucky would enter its solemn protest against the Acts (Anderson, 2012).
On the other hand, the Virginia resolution did not refer to nullification instead it used the concept of interposition by states. The Virginia resolution claimed that states have a right and it’s their duty to interpose and protecting the constitution. The states have a right to protect their rights, liberties and authorities. The Virginia resolution appealed to other states to support the resolution (Anderson 2012).
The Virginia and Kentucky resolutions had influence on other states. Some states like the New England ignored the Kentucky and Virginia resolutions. The states of Massachusetts, Connecticut and Rhode Island ignored the Embargo of 1807. The states stood up to laws they considered unconstitutional. The states did not pass nullification to the Embargo Act, but challenged the law in court and proposed various amendments. The Kentucky and Virginia resolutions also known as principle 98 and had an impact on the American history.
The resolutions helped in the opposition of 1812 war in the 19th century. The resolutions helped in opposing government funding for internal improvement. They also played an important role in the nullification crisis in South Carolina. In addition, the legislations influenced the Wisconsin legislature’s resolution that opposed Fugitive Slave Act and the effort of the Supreme Court to enforce the Act in the state (Anderson 2012).
Conclusion
In conclusion, Kentucky state legislature and Thomas Jefferson developed the Kentucky resolutions in 1798 and 1799. The resolutions gave the state power to reject government Acts that were not within the government power in the constitution. James Madison developed the Virginia resolution was developed in 1798 (Anderson 2012).
Reference
Anderson, F.M. Contemporary opinion of the Virginia and Kentucky resolution. 2012. Nabu press
1812 War
Introduction
Trading plays a crucial role in United States economic growth as the country generates huge revenue from trade. Britain affected US trade with other countries like France by putting trade restrictions. This compelled Madison to declare war on Britain as it violated its trade rights (Watts & Israel 2000).
Discussion
The 1812 war involved the United States and Great Britain. The war started in 1812 and ended in 1815. President Madison stated various reasons for declaring the war. The reasons included trade issues and impressments of sailors. Also, Madison declared the war after learning that Britain supported the attack of Indians on the frontier. Though President Madison stated several reasons for declaring war on Britain, trade issues were the main cause. The American government was angered with Britain decision to restrict trade with France. Britain prevented US and France from trading so as to benefit. Britain introduced several restrictions through the series of orders in council to hinder US from trading with France.
US considered the limitations as illegal under the internal law. Britain put the trade restrictions to reduce US trade with France regardless of US being neutral. Britain thought that United States was a threat to Britain maritime supremacy, and this forced it to prevent US and France from trading. The US merchant marine almost doubled from 1802 to1810 and this made it the biggest neutral fleet. Britain was the biggest trading partner and it received 80% of cotton produced in US. It also received 50% of other exports from US. The British public and press were not happy with the growth of the mercantile and commercial competition. As a result, President Madison declared war as he though the trade restriction put by Britain infringed the rights to trade with other countries (Watts & Israel 2000).
James Madison allowed France to trade with United States the abuses of US commerce by Britain and France continued and this affected US commerce and economy. Great Britain and France violated the shipping rights of American sailors during President George Bush, Thomas Jefferson and Madison regime. This forced the government to develop the Embargo Act of 1807 to protect the rights of the sailors. The Act prevented United States from trading with other countries.
Napoleon announced that France would not seize US ships anymore and requested Madison to allow the two countries to trade. Madison accepted France request but with conditions. France continued to seize US ships, but Madison did not declare war on France, but Britain. This is because Britain prevented France and US from trading. France did not prevent US from trading with other countries like Britain by putting restrictions and hence Madison did not declare war on France. He believed that France did not interfere with US rights to trade with other nations (Watts & Israel 2000).
Conclusion
Though James Madison stated numerous reasons why he declared war on Britain, trade problems with Britain forced him to make the decision. Britain prevented US from trading with France, and this affected economic growth and commerce in US. Madison allowed France to trade with US, but Britain did not support the decision for fear of losing cotton exports and other exports (Watts &Israel 2000).
Reference
Watts, J.F., &Israel, F.L. Presidential documents. 2000. Routledge
Introduction
Slavery was important in shaping the United States. Slavery resulted to the American civil war between slavery states and Free states. The states differed on the inclusion of Missouri in the union. Missouri wanted to be a free state before inclusion into the union and presented this as the condition for inclusion. However, the states refused and Henry Clay developed another compromise that facilitated inclusion of Missouri in the union. Missouri was required to respect the rights of other citizens joining the state (Gold 2010).
Missouri crisis and compromise
A bill that allowed the residents of the Missouri territory to draft a constitution was presented before the House of Representatives on 13th February, 1819. The population of Missouri had reached the recommended size, 60,000. The bill prevented the introduction of slaves in Missouri. In order to prevent population increase, children of slave parents born in Missouri would be allowed to leave at 25. Missouri territory claimed that slavery should be restricted in Missouri as a condition for admission into the United States.
However, other states did not agree with the decision as the number of Free states and slave states was equal. Admitting Missouri as a Free State or slave state affect the balance of power that existed between the states in the senate. Missouri was later admitted after the Missouri compromise without limitations on slavery. The supreme decision in the Dred Scot case of 1857 led to the civil war. The Supreme Court ruled that the Missouri compromise was not constitution and paved way for the civil war (Gold 2010).
The issue of slavery became common in US in 1819, but before that citizens had little information about slavery in the country. Hence, they paid little attention to slavery. Many people did not pay attention to slavery in Missouri as they termed it lawful. They thought that Missouri would enter the union as a slave state. However, James Tallmadge introduced an amendment to the bill and claimed that no more slaves would be brought to the state and slave children aged 25 would be released. The southern states were surprised by the proposal made by James Tallmadge.
The supplementary Missouri compromise was developed after some months. The people of Missouri were proslavery and prepared a constitution that prevented state legislatures from passing laws that freed slaves without the master’s consent. The legislatures passed laws that prevented free black slaves from entering into the state. The national house did not support the admission of Missouri because of the constitution. The constitution affected the rights of the slaves by preventing them from joining the state. As a result, Henry Clay developed another compromise which helped in the inclusion of Missouri the union on various conditions. The legislature was not allowed to ignore the rights of citizens from other states entering Missouri (Gold 2010).
Conclusion
The Missouri crisis resulted after the slavery states and Free states refused to admit Missouri into the union as a free state. Missouri supported slavery before and this led to increase in states population. As a result, the legislatures decided to prevent more slaves from entering Missouri and allow slave children aged 25 years to be released. The Free states and slavery states did not support Missouri decision as it affects power balance in the senate. Missouri was later admitted into the United States after the development of Missouri compromise by Henry Clay (Gold 2010).
Reference
Gold, S.D. The Missouri compromise. 2010. Marshall Cavendush
Supreme Landmark Case
Introduction
The Supreme Court has decided on various landmark cases related to the United States constitution. The cases are related to various parts of the US constitution including the violation of human rights. Examples include the Cohen V. Virginia. Cohen v. Virginia case gave the state courts more powers and encouraged independence of judges. The Supreme Court does not interfere with the functioning of state courts (Hall 2005).
Discussion
The United States Supreme Court ruled on the Cohen’s V. Virginia 19 U.S. 264 case in 1821. The defendant claimed that their constitutional rights had been infringed. An Act passed by the congress permitted the operation of a lottery in the District of Columbia. The Cohen brothers sold their D.C lottery tickets in the commonwealth of Virginia and hence violated Virginia state laws. The Cohen’s were convicted by Virginia state authorities and fined $100. The state prevented lotteries. The state court found that the Virginia laws that prevented lottery could be enforced. The court did not consider the Act passed by the congress that permitted the D.C lottery. The Cohen appealed to the US Supreme Court claiming that their actions were protected by the Act of congress that authorized the D.C lottery (Hall 2005).
The Virginia claimed that the Supreme Court did not have authority to hear an appeal in criminal cases decided the state courts. Virginia argued that Virginia constitution prevents the Supreme Court appellate from hearing criminal judgment made by the state courts. In addition, Virginia claimed that the constitution does not grant the Supreme Court authority to review cases over which the state is involved. In this case, Virginia claimed that the decision made by the state court was final and could not be reviewed by the federal courts even if the decision involved application and interpretation of an Act passed by congress. Virginia asserted that it had the right to interpret and apply or not apply the federal law.
The state determined when to apply the federal law and when not. The Supreme Court used Article III section 2 of the US constitution to rule the case. The section and article give the Supreme Court power in all cases. The Supreme Court found that the constitution does not exempt cases taking place in state courts or cases in which the state is involved. Therefore, cases arising from the federal law can be reviewed by the Supreme Court. Article VI gives the federal laws more power over state laws. The Supreme Court claimed that failure to review state court decisions that involved federal laws prevented the government from executing federal laws in the states. This gave the state laws more power than federal laws. The Supreme Court found that the act of congress allowing lottery in D.C and Virginia laws preventing lottery did not conflict (Tate, Mersky, Hartman & et al 2009).
Conclusion
The Cohen v. Virginia cases is significance to United States as it gives the state courts authority and power. Though the Supreme Court has the power to review decisions made by state courts, it does not interfere with the functioning of judges in states courts. Thus, the state courts consider the federal and state laws when making decisions (Tate, Mersky, Hartman & et al 2009).
Reference
Tate, C.L., Mersky, R.M., Hartman, G.R., & et al. Landmark supreme court cases. 2009. Infobase publishing
Hall, K.M. The oxford companion to the supreme court of the United States. 2005. Oxford university press.
Is this your assignment or some part of it?
We can do it for you! Click to Order!
