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The American Legion National High School The federalists' argument was reinforced by the 1803
<br /> Supreme Court decision of"Marbury vs. Madison". In
<br /> Oratorical Contest 1989 this landmark decision "The Supreme Court", under
<br /> Chief Justice John Marshall, declared a portion of the
<br /> "The Constitution in Crisis and in Triumph" Judiciary Act of 1789 unconstitutional. By doing this the
<br /> by Marshall Court upheld the principle of"Judicial Review",
<br /> Matthew F. Malone thus magnifying the authority of the Supreme Court.
<br /> Further, the Court's decision to hear the 1821 case of
<br /> "We the People . . . . .. "Cohen vs. Virginia", after the case had already been
<br /> Over the past two-hundred years these three words and reviewed by the Virginia Supreme Court, helped to pro-
<br /> the Articles and Amendments that follow them have led mote the principle that the U. S. Supreme Court and
<br /> our nation through crisis and turmoil both foreign and therefore the Federal Government had the ultimate
<br /> domestic. To paraphrase William Tyler Page, it has authority in judicial matters and that the Constitution was
<br /> created .. . . . . a democracy in a republic: a sovereign the supreme law of the land.
<br /> nation of many sovereign states: a perfect union: one and Unfortunately, these decisions did not end the debate
<br /> inseparable." over State's rights versus the Constitution. In 1832, the
<br /> This poses a question that Americans for generations U. S. Congress instated a federal tariff on imports and
<br /> have attempted to answer: why is it when all others have exports.The South Carolina Legislature thought the tariff
<br /> failed, that our Constitution has continually restored to be too high, and excercising what they believed to be
<br /> democracy during the most turbulent of times? The their rights, declared the act null and void within the
<br /> answer to this question is certainly not easy fo find, but borders of South Carolina.
<br /> there is one thing we can be certain of: the answer lies This created a major constitutional dilemna: did South
<br /> in "We the People". Carolina have the right to nullify a fedeal law? President
<br /> One of the reasons for the document's longevity, is Andrew Jackson and Congress believed they did not.
<br /> because our founding fathers,by developing the amend- Congress passed "The Force Act", which ordered the
<br /> ment procress,instilled in the document the idea that any President to enforce, militarily if necessary, the Tariff
<br /> system of government must be allowed to grow with the Act in South Carolina.
<br /> nation. In this manner the nation never outgrows the For weeks there was a deadlock; and Civil War seem-
<br /> system and the system never becomes obsolete. This pro- ed inevitable; until Henry Clay proposed the second of
<br /> cess is essential,in that,it enables the government to meet his three famous compromises. Mr. Clay called for the
<br /> the challenges of an ever-expanding republic. gradual reduction of the Tariff over an e'ight-year period,
<br /> Our Constitution has met many challenges in the last at.the end of which the rate would return to the rate
<br /> two centuries. In the infancy of our republic, during the originally instituted in 1816. South Carlina accepted the
<br /> presidency of George Washington,the document met its compromise and repealed the nullification of the Tariff,
<br /> first major challenge: the whiskey rebellion. Pennsylvania but in one final act of defiance, declared the"Force Act"
<br /> farmers were opposing the new tax on whiskey and were null and void within its borders.
<br /> contemplating secession. Washington and Secretary of The debate over "States Rights" under the Constitu-
<br /> Treasury, Alexander Hamilton, utilizing the executive tion continued for 28 years, during which the ethical and
<br /> powers granted to them under the Constitution, ordered legal implications of slavery became an issue in the strug-
<br /> a regiment of troops to Pennsylvania. Washington stop-
<br /> ped the rebellion and the Constitution had proved it could gle. The debate culminated in the 1860.secession of South
<br /> hold the nation together during a crisis and was capable Carolina and precipitated one of the bloodiest conflicts
<br /> of governing the country. in the history of man: The American Civil War.
<br /> The momentous issue of sovereignty, or states'rights, The war between the states was the greatest challenge
<br /> was the next obstacle our Constitution faced. Did the to our Constitution. Never before had an American Presi-
<br /> authority to interpret the Constitution lie with the Federal dent been faced with a serious rebellion, but Abraharn
<br /> Government or with the individual states? Lincoln's belief that the Constitution was a binding con-
<br /> tract between the States, and not merely an agreement
<br /> In 1798 Thomas Jefferson penned what has come to that could be whimsically broken, enabled the Document
<br /> be known as"The Kentucky Resolution". In this resolu- to endure this"fiery trial", as Lincoln penned, and bring
<br /> tion, Mr. Jefferson suggested that the individual states together once again the Grand Republic.
<br /> created the national government under the Constitution.
<br /> Therefore,they were the sole evaluator of its power,and It was in the midst of this war,that Abraham Lincoln,
<br /> reserved the right to judge the constitutionality of federal while dedicating a national cemetery in Gettysburg,Penn-
<br /> laws. However, leading federalists opposed to Jefferson's sylvania, termed the United States" . . . a nation of the
<br /> idea believed that the Constitution gave the power of people, by the people and for the people . . . ". This
<br /> judicial review to the Supreme Court,in other words the realization,that the strength of the Constitution lies with
<br /> Federal Government. the people is a major reason why the Constitution has
<br /> stood the test of time.
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