2/14/08
doctrine of nullification - states had a right to nullify federal laws that they think voilate the constitution, put to rest by civil war
alien and sedition acts - prosecuted newspapers who published things against the government
doctrine of dual federalism - states supreme in their realm and national government supreme in their realm (big deal in intrastate vs interstate commerce)
hard to sustain difference between inter and intra
doctrine of dual federalism is close to extinct as well as doctrine of nullification

separation of powers - division of national government into excutive, legislative, and judicial branches
James Madison - good quote about this, credits Baron de Montesquieu for idea of separation of powers
structure left to philadelphia convention
legislative - Congress (HoR+S) to make laws - most important - split to prevent abuse of power and make more difficult to legislate
executive - president+vp
judicial - Supreme Court+other courts
system of checks and balances to allow branches to limit each other to prevent arbitrary use of power
all officers and appointees subject to approval of congress
congress must approval all budgets
president can veto laws, but congress can override veto if 2/3 of each house say so
congress can impeach, set # of justices on supreme court
judicial branch interprets treaties
judicial review - judicial branch can declare actions of pres or congress unconstitutional
pres is accountable to tons of people/groups/countries/states/etc
courts have to answer to congress/pres
encouraged growth of bureaucracy
state sep of powers - legislatures, governors (executive), state courts
local - city council/county commission, mayor/county execs, local/municipal/small claims courts

marbury vs madison 1803 - power of judicial review established - chief weapon of judicial branch
as adams term began to run out, he appointed 59 peole and delivered all but 17 
madison refused to deliver the remaining 17 when he took office
marshall ruled - madison wrong to withold appointments, but ruled instead that it was not within his power to rule on it

write of mandamus - can force someone to do their job