March 21 - March 21, 2011 Citizens and all other persons...

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March 21, 2011 Citizens and “all other persons” (3/5ths of a person for representation) Separation of Powers o From Montesquieu (originator); we added the idea of “checks and balances” o Judicial branch gives themselves more power than was originally placed o “supreme law of the land” – Constitution usurps all other state laws o If a state law goes against the Constitution, that law can be struck down o Called for the creation of a… Supreme Court – court with 9 judges; have tenure for life (cannot be removed from position o Other federal courts will be created later; there’ s nothing in the Constitution that says that federal courts (i.e. circuit or appellate courts) can be created Nat’l gov’t under the Constitution had great powers: tax; defense; external commerce; make laws “necessary and proper” o Will be challenged by state governments whether they had the power to tax, etc.; down the years – whether a state or a single person – the federal government wins every time
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March 21 - March 21, 2011 Citizens and all other persons...

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