A New Government Must Be Made

2019 ◽  
pp. 126-153
Author(s):  
Jeff Broadwater
Keyword(s):  
Federal Government ◽  
House Of Representatives ◽  
Central Government ◽  
The United States ◽  
State Laws ◽  
Paper Money ◽  
Balance Of Trade ◽  
Republican Government ◽  
The Right ◽  
The Postponement

In the year leading up to the Constitutional Convention of 1787, Jefferson, now serving as American minister to France, grew increasingly frustrated with Congress’s inability to retaliate against nations that discriminated against U.S. trade. Madison believed an unfavorable balance of trade drained specie out of the United States and created a demand for debt relief, paper money, and the postponement of tax collections, which left the states unable to support Congress financially. Shays’s Rebellion in Massachusetts reaffirmed his view that the preservation of republican government required a much stronger central government. At the Philadelphia convention, Madison supported giving Congress broad powers, including the right to veto state laws, and he proposed that representation in Congress be based on population. His fellow delegates rejected the so-called congressional negative, and small state delegates forced Madison to accept the Great, or Connecticut, Compromise in which in the House of Representatives would reflect a state’s population, but each state would have an equal vote in the Senate. When the convention adjourned, Madison feared the new federal government might still be too weak to survive, while Jefferson, viewing events from Paris, worried the Constitution did too little to protect the people’s liberties.

The Money War

Money ◽  
2017 ◽  
Author(s):  
John Kenneth Galbraith ◽  
James K. Galbraith
Keyword(s):  
United States ◽  
Central Bank ◽  
Federal Government ◽  
The United States ◽  
National Government ◽  
Early Years ◽  
Andrew Jackson ◽  
Paper Money ◽  
The Right ◽  
The U.S

This chapter examines the controversies surrounding money and banking in the early years of the new American Republic. It shows how the U.S. Constitution restricted the right of coinage to the federal government and forbade both the states and the national government to issue paper money. It then coinsiders the issuance of Treasury notes by Secretary of the Treasury Albert Gallatin in the 1812–1814 war, while Salmon P. Chase, Secretary of the Treasury under the Lincoln administration, asked Congress to authorize repeated issues of greenbacks. The chapter also considers Alexander Hamilton's application for a central bank that would become the Bank of the United States, which competed with other banks. Finally, it discusses the establishment of the Second Bank of the United States and the struggle between President Andrew Jackson and Nicholas Biddle, president of the Bank of the United States.

LEGAL JUSTICE IN PRESIDENTIAL IMPEACHMENT PRACTICE BETWEEN INDONESIA AND THE UNITED STATES OF AMERICA

2021 ◽  
Vol 9 (3) ◽  
pp. 465
Author(s):  
Hanif Fudin
Keyword(s):  
United States ◽  
Rule Of Law ◽  
House Of Representatives ◽  
The United States ◽  
Scientific Article ◽  
Constitutional Court ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Basic Law ◽  
Republican Government

The constitution is approved as a law capable of guaranteeing human rights and protection of the constitution and past coordination, as well as being the corpus of the administration of the rule of law entity itself. Regarding the state of Indonesia and the United States, if examined by these two countries, they have similarities in the form of republican government or presidential system of government. However, on the contrary, in the impeachment transition, the two countries appear to be dichotomous both formally and materially. Therefore, this scientific article discusses reviewing the impeachment provisions of the Presidents of the two countries who agree to develop agreements and principles in checks and balances in trying to actualize the value of the country's legal justice. Therefore, in approving the discourse of research methods, descriptive-comparative methods are used with normative-philosophical and comparative-critical discussions. On that basis, this study discusses the practice of presidential impeachment in Indonesia to consider more legal justice, because it is through a legal process involving the Constitutional Court which implements practices in the United States that only involve the Senate and the House of Representatives which incidentally is a political institution. It considers the constitution in the basic law of the country.

6 Extraterritorial Application of U.S. Law

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Due Process ◽  
The United States ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Habeas Corpus ◽  
State Laws ◽  
Guantanamo Bay ◽  
The Supreme Court ◽  
The Right

This chapter considers the application of federal and state law to conduct that takes place outside the territory of the United States. It begins by discussing the territorial scope of U.S. constitutional rights. Special consideration is given to the extraterritorial application of the right of habeas corpus in light of the Supreme Court’s 2008 decision in Boumediene v. Bush, concerning the habeas corpus rights of detainees at the Guantanamo Bay naval base in Cuba. The chapter then discusses the “presumption against extraterritoriality” that the Supreme Court applies when interpreting federal statutes. For situations in which the presumption is overcome or is inapplicable, the chapter explains how customary international law principles relating to prescriptive jurisdiction can be relevant in U.S. litigation through application of the Charming Betsy canon of construction. In addition, the chapter discusses the role of “universal jurisdiction” in U.S. litigation and criminal prosecution. Possible constitutional limitations on the extraterritorial application of both federal statutes and state laws, based on due process and other considerations, are also considered.

How the Great Lakes Became "High Seas," and their Status Viewed from the Standpoint of International Law

1910 ◽  
Vol 4 (2) ◽  
pp. 285-313
Author(s):  
Harry E. Hunt
Keyword(s):  
United States ◽  
Great Lakes ◽  
International Law ◽  
Federal Government ◽  
Central Government ◽  
Great Increase ◽  
Common Knowledge ◽  
The United States ◽  
The Other ◽  
High Seas

The convention which met in 1787 to frame the Constitution of the United States, embraced two earnest and determined bodies of men. One favored a strong central government; the other opposed any great increase of power over that granted by the Articles of Confederation. With what jealousy the states guarded their rights and with what reluctance they made surrenders to the federal government is common knowledge. The Constitution, as adopted, was a compromise between the factions, and that part relative to admiralty and maritime jurisdiction was the second great compromise between conflicting depositories of power.

scholarly journals Problematika Kontrak Karya Dalam Hukum Perjanjian Indonesia

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Lukman Santoso ◽  
Muh Fauzi Arifin
Keyword(s):  
United States ◽  
First Generation ◽  
Central Government ◽  
The United States ◽  
Mining Activities ◽  
State Control ◽  
Exploration And Exploitation ◽  
Contract Work ◽  
The Right ◽  
Work Contract

<p>This article aims to describe the position of contract work in the legal agreements relating to mining activities in Indonesia. Based on the study of this article, formulated conclusion a few things, <em>first,</em> Indonesia is a country that has abundant natural resources, one of which in mining. In terms of exploration and exploitation of mining, Indonesia still apply cooperation with foreign parties. This provision is stipulated in the law of investment. This cooperation came to be known by the work contract. <em>Second, </em>the work contract is born started when the Indonesian government in April 1967 signed the first contract with Freeport McMoRan mining of the United States. The contract, known as first-generation contract of work. In the contract in principle the right of state control provides the authority to organize, manage and supervise the management or operation of the mine. However, it turns out in praktinya, the management of foreign and precisely controlled by the central government as powerless and not exercise its authority to the fullest.</p>

scholarly journals PIERWSZY BANK STANÓW ZJEDNOCZONYCH JAKO PIERWOWZÓR SYSTEMU REZERWY FEDERALNEJ

2017 ◽  
Vol 9 (1) ◽  
pp. 171
Author(s):  
Wojciech Kwiatkowski
Keyword(s):  
United States ◽  
Supreme Court ◽  
Federal Government ◽  
Federal Reserve ◽  
Financial Stability ◽  
The United States ◽  
The Supreme Court ◽  
The Government ◽  
Banking Institution ◽  
The Right

First Bank of the United States as a Prototype for the Federal Reserve SystemSummaryThe article describes the history of the First Bank of the United Statesfirst banking- institution, that was charted in XVII-th century North America as an effect of a cooperation of two federal bodies – Congress and the President. Although, the federal government possessed only 20 %, of the shares with federal licences it could conduct its activity on territory of the whole country. Moreover – the Bank is now referred to as the first central bank in the United States because of its national scope and services rendered to the federal government. The Bank helped the government to obtain emergency loans, facilitated the payment of taxes, and served as the receiver and disburser of the public funds. In addition, it issued bank notes and made them fully redeemable in coin. During a 20-years period the Bank achieved a commercial success and maintained a financial stability. However, in 1811 Congress did not renew the charter because the Bank’s constitutionality was questioned.Alexander Hamilton (the first U.S. Secretary of the Treasury), who was [the followerof creation of the bank, already in 1790 assumed that the federal government had the power to charter banks because the Constitution granted the government the right to establish institutions necessary for its operations. Addifferent viewpoint was presented by Thomas Jefferson who favored a more decentralized government and believed that only the states could charter banks under the Constitution. Furthermore – because the Constitution did not expressly grant the power to Congress, he reasoned that federally chartered banks were unconstitutional. Finally in 1819, as a far-reaching decision, the Supreme Court Chief Justice John Marshall followed Hamilton’s reasoning and ruled in case McCulloch vs Maryland that the Second Bank of the United States was constitutional. For U.S. federal government this decision of the Supreme Court was very important about 200 years later – in 1913, when president Wilson, many politicians’ and main U.S. bankers decided to create the Federal Reserve System.

Perfecting the Union

2021 ◽  
Author(s):  
Max M. Edling
Keyword(s):  
Federal Government ◽  
Central Government ◽  
The United States ◽  
State Constitutions ◽  
American States ◽  
The Us ◽  
History Of ◽  
Us Constitution ◽  
The One ◽  
And Control

Habitually interpreted as the fundamental law of the American republic, the US Constitution was in fact designed as an instrument of union between thirteen American republics and as a form of government for their common central government. It offered an organizational solution to the security concerns of the newly independent American states. Confederation was an established means for weak states to maintain their independence by joining in union to manage relations with the outside world from a position of strength. Confederation also transformed the immediate international environment by turning neighboring states from potential enemies into sister states in a common union or peace pact. The US Constitution profoundly altered the structure of the American union and made the federal government more effective than under the defunct Articles of Confederation. But it did not transform the fundamental purpose of the federal union, which remained the management of relations between the American states, on the one hand, and between the American states and foreign powers, on the other. As had been the case under the articles, the states regulated the social, economic, and civic life of their citizens and inhabitants with only limited supervision and control from the federal government. This book demonstrates that interpreting the Constitution as an instrument of union has important implications for the understanding of the American founding. The Constitution mattered much more to the international than to the domestic history of the United States. Its importance to the latter was dwarfed by that of state constitutions and legislation.

The Supreme Court and Its Critics: Is the Court Moving Left?

1959 ◽  
Vol 21 (3) ◽  
pp. 495-510 ◽  
Author(s):  
Joseph O. Losos
Keyword(s):  
United States ◽  
Supreme Court ◽  
Federal Government ◽  
United States Supreme Court ◽  
The United States ◽  
American People ◽  
United States Supreme ◽  
The Supreme Court ◽  
The Will ◽  
The Right

InTheLight of recent decisions of the United States Supreme Court, it might appear that the judiciary is currently the most radical branch of the Federal Government. In certain respects circumstances today, present a scene similar to that of 1937. The Court, now as then, is denounced as an unelected, undemocratic group which, under the pretense of interpreting the laws and Constitution, makes a law contrary to the will of the majority of the American people. Only today it is the right that denounces the Court and the left that comes to its defense.

Judicial Review of Legislative Acts in Germany

1927 ◽  
Vol 21 (1) ◽  
pp. 113-119
Author(s):  
F. F. Blachly ◽  
Miriam E. Oatman
Keyword(s):  
General Problem ◽  
Judicial Review ◽  
Central Government ◽  
State Laws ◽  
Fundamental Law ◽  
National Constitution ◽  
The Right

The German commonwealth is a federation of states, each operating under its own constitution and laws; though subject to the national constitution, which is the fundamental law of the commonwealth, and to other national laws and ordinances. Hence the general problem of judicial review over legislative acts, in so far as it relates to the central government, includes (a) the question of the right of judicial review of state constitutional provisions or state laws and ordinances, when in conflict with the national constitution, laws, or ordinances, and (b) the question of the right of judicial review in respect to national laws, as against the national constitution.

The Relations Between the United States and Porto Rico Part II

1916 ◽  
Vol 10 (1) ◽  
pp. 65-76
Author(s):  
Pedro Capó-Rodríguez
Keyword(s):  
United States ◽  
Federal Government ◽  
The United States ◽  
Point Of View ◽  
Separate Study ◽  
Peculiar Character ◽  
The Right

The question relative to the legality of the acquisition of Porto Rico by the United States involves the consideration of two different propositions: (1) the right of the United States, as a nation, to acquire territory generally; and (2) the power of the Federal Government to exercise that right according to the provisions of the Constitution. Looking at the question from this point of view, the legality of the acquisition may be considered under two different aspects: (a) the external or international, and (b) the internal or constitutional. Each of these two aspects of the question requires, of course, a separate study if not a complete and exhaustive discussion. We shall therefore examine them in their order, although to such extent only as the peculiar character and limitations of this article will permit.

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