Most of this debate focused on congresss authority to

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Most of this debate focused on Congress’s authority to impose a “restriction” on a new state. And whether new states must be admitted on “equal footing” with existing states. Missouri would be admitted to the union as a slave state, but would be balanced by the admission of Maine, a free state, that had long wanted to be separated from Massachusetts. Slavery was to be excluded from all new states in the Louisiana Purchase north of the southern boundary of Missouri . Jefferson’s Embargo Act Congress passed, at the urging of President Jackson, the embargo acts, which barred all foreign trade. The Jeffersonians hoped the embargo acts would keep the United States out of the ongoing war between England and France. See United States v the William and Gibbons v. Ogden Speech on Foreign Relations Josiah Quincy (Federalist) He was at the center of the opposition to the Jeffersonian embargo. He points out the embargo’s effects on the merchants and shippers of New England and its dubious constitutionality. “Regulation cannot mean annihilation and that what is annihilated cannot be regulated” House Report on Internal Improvements The House appointed a committee to respond to Madison’s veto of the internal improvements bill. Committee led by Henry Tucker who allied himself with Henry Clay, John Calhoun who were willing to take a more vigorous view of federal power and what was necessary to avoid a repeat of the indignities that had befallen the US in the War of 1812 Proponents insisted that such policies were necessary given the congressional power to raise armies and regulate interstate commerce. National Republicans argued for a broad construction of constitutional provisions which would give Congress the power to build roads and canals in existing states. Old Republicans argued for a strict construction of the enumerated powers, which made internal improvements difficult to justify. Views of the President of the United States on the Subject of Internal Improvements James Monroe
Continued Madison’s opposition to internal improvements without a constitutional amendment, He believed that the national government could fund state’s government projects when those internal improvements had national significance. He did reject however, the claims that various enumerated powers sanctioned federal control of the internal transportation system or the federal power to build its own. Sovereign Immunity Sovereign states enjoy “sovereign immunity” They cannot be sued or otherwise subject to court proceedings Sovereignties can only be sued when they choose to wave that immunity US Constitution does not declare that each state retain its sovereignty, freedom and independence like the Articles did.

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