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Constitutionality Of Federal Legislation In Term Paper

Furthermore, Madison maintains the state has power because the states agreed to the Constitution, yet this overlooks the power that the states vested in the federal government by the Constitution. In the
Kentucky Resolution Thomas Jefferson also opposes what he believes to be
abuses of power by the federal government. He believes the states have
banded as a commonwealth and not a federation, and thus the Kentucky
Resolution is his hopes that the "commonwealth does now enter against them,
its solemn protest" meaning that it protests against the power he and other
Republicans believe that Congress has used to overstep its designated power
within the Constitution (Kentucky Resolution). Likewise, however, this
resolution is unable to undue the constitutionality...

This perspective, however, overlooks the power vested in the federal government to decide the constitutionality of its
legislation. There is no clause that gives states veto power over the
federal government, rather the federal government seems to have its own
veto power. By ratifying the Constitution, the nine states agreed to "the
establishment of this Constitution" and thus abide by its legislation, as
the power is out of the states' hands.

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