Historical Examples of Government Action
Who/What
Branch/Level
Articles of
Confederation
Legislative
George
Washington
Executive
John Marshall
Judicial
Constitutional
Issue(s)
Federalism &
States’ Rights
Unwritten
Constitution
Foreign Policy
Judicial Review
Description
Weak central government left most
power in the hands of the states. This
made it ineffective. The central gov.
couldn’t even tax. This is why it had to
be replaced by the Constitution.
Washington set several precedents
including the 2 term limit, the use of
the military to put down an internal
rebellion, isolationism/neutrality, etc.
Marbury v. Madison established the
principle of judicial review, which gave
the Supreme Court the power to rule
laws or executive actions
unconstitutional.
Elastic Clause
Alexander
Hamilton
National vs. States
Loose
Constructionism
vs. Strict
Constructionism
Legislative
Slavery
(Sec. of
Treasury)
Congress
States’ Rights
Andrew
Jackson vs.
Supreme Court
Executive vs.
Judicial
Federalism
Dred Scott v.
Sanford
Judicial
Checks &
Balances
Slavery, property
Abraham
Lincoln
National Government
vs. States
Slavery,
Federalism, states’
McCulloch v. Maryland allowed the
use of the elastic clause “necessary &
proper” to create a national bank.
Loose Constructionists like Hamilton
believed the federal government should
have broad powers such as the power
to create a national bank. These
powers came from the elastic clause.
Strict constructionists like Jefferson
want to see most power reserved for
the states.
MO Compromise of 1820
Kansas-Nebraska Act
Compromise of 1850
Worcestor v. Georgia & Cherokee
Nation v. Georgia... The Supreme
Court made a ruling & President
Jackson refused to enforce it.
Slaves considered property, not
people. Blacks not citizens,
could not sue in the courts.
Basically said the MO
Compromise was
unconstitutional.
Lincoln did not believe states
had the right to secede from the
Union. He used force to put
rights
Radical
Republicans vs.
Andrew
Johnson
Legislative Branch
vs. Executive Branch
Checks &
Balances
Tilden v. Hayes
Legislative and
Executive Branches
Selection of
President in Ties
Woodrow
Wilson vs.
Congress
Executive vs. States
Foreign Policy:
isolationism
FDR
Executive
Federalism
down the rebellion of the
southern states.
Johnson’s vetoes:
Reconstruction Acts:
Federalism
Impeachment:
Compromise of 1877
Ratification of Treaty of
Versailles
Schecter Poultry Corp. v. U.S.
National vs. States
Wilson, FDR,
Nixon,
Checks on Judicial Court Packing:
Branch
Executive/Legislative Civil Liberties vs. Schenk v. U.S.
&. Judicial
National Security
Korematsu v. U.S.
NY Times v. U.S.
Warren Court
Judicial
Rights of the
Accused
Gideon v. Wainwright
Miranda v. Arizona
Mapp v. Ohio
Eisenhower,
Kennedy &
LBJ
National vs. States
14th Amendment
vs. states’ rights
Enforcement of Brown v. BOED:
Civil Rights Act of 1964:
Voting Rights Act of 1965
Nixon
Legislative vs.
Executive
Powers of
President
Nixon v. U.S.
War Powers Act
Ronald Reagan
National & States
Federalism
Bill Clinton
Legislative vs.
Executive
Powers of
President
George W.
Bush
Executive & Judicial
Selection of
President
vs. Al Gore
Federalism
New Federalism... the federal
gov. should be smaller and more
power should be returned to the
states.
Impeachment
Bush v. Gore