Constitutional law and principles

Constitutionality of Federal Legislation

In 1798, the federalists enacted the Alien and Sedition Acts, much to the displeasure of Thomas Jefferson. In his Kentucky Resolution, and James Madison in the Virginia Resolution, both of the founding fathers argued for state powers, believing the federal government had overstepped its power. The Constitution, according to the Resolutions by Madison and Jefferson was just an agreement in which the states agreed to federalize. In other words, the states hold the power; the federal government is only the sum of state power. In reality, however, according to the Constitution of the United States, the federal government is who decides on the constitutionality of federal legislation. The Constitution is an argument for federal power, and the Virginia and Kentucky Resolutions overlook the explicit powers the states give away to the federal level of government. A reading of the Constitution will make evident the powers vested in the federal government. First and foremost is Article I Section I which specifies that "All legislative powers herein granted shall be vested in a Congress of the United States" (US Constitution). This is a clear and direct reference to the power of the federal government, in this case the legislative body. In terms of deciding the constitutionality of federal legislation, the Constitution is also very clear in mentioning that the "The judicial power of the United States, shall be vested in one Supreme Court" and that court's power "shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States" (US Constitution). This means that the courts, established by the Constitution are federal, and rule over federal legislation. All laws that are determined by the legislative body are to be deemed constitutional by federal courts established in the Constitution. The federal government decides on the Constitutionality of federal legislation as stated in the Constitution. Two founding fathers make arguments against the federal government's authority in the Virginia and Kentucky Resolutions, yet they are unable to truly deny the federal level of power on the constitutionality of federal legislation. In his Virginia Resolution, Madison maintains that in the aforementioned Alien and Sedition Acts, Congress "exercises a power no where delegated to the federal government," however he does not have an argument against the federal government's power to rule on the constitutionality of its own legislation (Virginia Resolution). 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 of the Alien and Sedition Acts, because that power lies within the US Constitution and ultimately the federal level of government. Thomas Jefferson and James Madison both make arguments in favor of state power, as they believe that the states are bound by the Constitution by their own accord. 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.