Stuartbirdan2
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- Sep 6, 2020
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n Marbury v. Madison (1803) the Supreme Court announced for the first time the principle that a court may declare an act of Congress void if it is inconsistent with the Constitution. William Marbury had been appointed a justice of the peace for the District of Columbia in the final hours of the Adams administration. When James Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury’s commission, Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling delivery of the commissionsSo Hamilton and Madison disagreed about the interpretation of what they both wrote. When there is such a disagreement who decides which interpretation is correct? ScotusIntentLook them up, or you can just read what the founders had to say about them in the Federalist and Anti-Federalist papers.
Or maybe we live in a modern society, and we have to do what works for us, and not a bunch of dead slave rapists who shit in chamber pots.
So what you're saying is a written Constitution was an exercise in futility, because you commies are going to do what ever the fuck you want anyways. Are you aware the founders provided an orderly way to change the Constitution to meet the needs of the country?
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With respect to the meaning of “the general welfare” the pages of The Federalist itself disclose a sharp divergence of views between its two principal authors. Hamilton adopted the literal, broad meaning of the clause;608 Madison contended that the powers of taxation and appropriation of the proposed government should be regarded as merely instrumental to its remaining powers; in other words, as little more than a power of self-support.609 From early times, Congress has acted upon Hamilton’s interpretation. Appropriations for subsidies610 and for an ever-increasing variety of “internal improvements”611 constructed by the Federal Government, had their beginnings in the administrations of Washington and Jefferson.612 Since 1914, federal grants-in-aid, which are sums of money apportioned among the states for particular uses, often conditioned upon the duplication of the sums by the recipient state, and upon observance of stipulated restrictions as to their use, have become commonplace
Since Madison wrote most of the Constitution, I'd say he would have the best understanding of it.
The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. -James Madison Federalist 45
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The early supreme court agreed with Madison. Hamilton was a statist like you commies.
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Marbury v. Madison ‑ Definition, Summary & Significance
The 1803 United States court case between William Marbury and James Madison (Marbury v. Madison) established that U.S. courts hold the power to strike down laws, statutes and some government actions that are deemed unconstitutional.
www.history.com