The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Thursday, November 23, 2017

The morning after

Monroe wrote to Jefferson, partly in code, expounding his dissatisfaction with the constitution produced by Philadelphia.

He was seriously annoyed by the equal representation of the states in the senate, but most bothered by the lack of a congressional veto on state laws, essential to prevent state violations of the constitution and encroachments on federal powers.

John Marshall would fix that by insisting the power to nullify state laws that conflicted with the constitution belonged to the federal courts.

A better solution, really.

Much better than the idea that a power to nullify federal laws that conflict with the constitution belongs to the state courts.

Ratification.

No comments:

Post a Comment