Marbury v. Madison, 5 U.S. 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.
The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the 20th century.
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Federalist No. 1 is an essay by Alexander Hamilton, which became the first of a collection of essays named The Federalist Papers. It was published on October 27, 1787, under the pseudonym Publius. This paper provides the outline for the rest and arguments for the inadequacy of the Articles of Confederation.
Federalist No. 6 is a political essay written by Alexander Hamilton, writing under the pseudonym of Publius, as did James Madison and John Jay in the other Federalist Papers. Published first in The Independent Journal on November 14, 1787, this essay argues for the benefits of a union between the American states. Formally titled "Concerning Dangers from Dissensions Between the States", Federalist No. 6 continues to discuss that the States would devolve into conflict with each other. This discussion is a bastion of Federalist thought in their fight against the Anti-Federalists.
Federalist No. 11 is an essay by Alexander Hamilton, the eleventh of The Federalist Papers. It was first published in The Independent Journal on November 23, 1787 under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "The Utility of the Union in Respect to Commercial Relations and a Navy".
Federalist No. 14 is an essay by James Madison titled "Objections to the Proposed Constitution From Extent of Territory Answered". This essay is the fourteenth of The Federalist Papers. It was first published in The New York Packet on November 30, 1787 under the pseudonym Publius, the name under which all The Federalist papers were published. It addresses a major objection of the Anti-Federalists to the proposed United States Constitution: that the sheer size of the United States would make it impossible to govern justly as a single country. Madison touched on this issue in Federalist No. 10 and returns to it in this essay.
Federalist No. 16, titled "The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union", is an essay by Alexander Hamilton. It is one of the eighty-five articles collected in the document The Federalist Papers. The entire collection of papers was written by Alexander Hamilton, James Madison, and John Jay. Federalist Paper No. 16 was first published on December 4, 1787 by The New York Packet under the pseudonym Publius. According to James Madison, "the immediate object of them was to vindicate and recommend the new Constitution to the State of [New York] whose ratification of the instrument, was doubtful, as well as important". In addition, the articles were written and addressed "To the People of New York".
Federalist No. 26, titled "The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered", is an essay written by Alexander Hamilton as the twenty-sixth of The Federalist Papers. It was published on December 22, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 26 expands upon the arguments of a federal military Hamilton made in No. 24 and No. 25, and it is directly continued in No. 27 and No. 28.
Federalist No. 33, written by Alexander Hamilton and first published in The Independent Journal on January 2, 1788, continues the focus on the issues in creating an efficient taxation system, along with reassuring the people's doubts about the government control over taxation. Titled "The Same Subject Continued: Concerning the General Power of Taxation", No. 33 explores the idea of allowing Congress to make all laws that are necessary for efficiently operating the national government. Under the pseudonym, Publius, John Jay, Hamilton, and James Madison collectively wrote and published eighty-five essays in the New York newspaper between 1787 and 1788 to promote the ratification of the United States Constitution.
Federalist No. 64, titled "The Power of the Senate", is an essay first published in The New York Packet on March 5, 1788, by John Jay as part of the ongoing Federalist Papers. Throughout the Federalist Papers, James Madison, Alexander Hamilton, and Jay emphasize the particular role in the field of foreign affairs (Golove). However, Federalist No. 64 specifically focuses more deeply on the concept of treaties and how they are formed. This essay in the Federalist Papers is very influential, discussing the idea of treaties, the mystery behind the author, and the invalidity of the Anti-Federalists' argument.
Federalist No. 44 is an essay by James Madison, the forty-fourth of The Federalist Papers. It was published on January 25, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. This essay addresses the Constitution's limitation of the power of individual states, something strongly decried by the Anti-Federalists, who sought a greater degree of sovereignty for the states. It is titled "Restrictions on the Authority of the Several States".
Federalist No. 46 is an essay by James Madison, the forty-sixth of The Federalist Papers. It was first published by The New York Packet on January 29, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. This essay examines the relative strength of the state and federal governments under the proposed United States Constitution. It is titled "The Influence of the State and Federal Governments Compared".
Federalist No. 52, an essay by James Madison or Alexander Hamilton, is the fifty-second essay out of eighty-five making up The Federalist Papers, a collection of essays written during the Constitution's ratification process, most of them written either by Hamilton or Madison. It was published in the New York Packet on February 8, 1788, with the pseudonym Publius, under which all The Federalist papers were published. This essay is the first of two examining the structure of the United States House of Representatives under the proposed United States Constitution. It is titled The House of Representatives".
Federalist Paper No. 54 is an essay by James Madison, the fifty-fourth of The Federalist Papers. It was first published by The New York Packet on February 12, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published.
Federalist No. 59 is an essay by Alexander Hamilton, the fifty-ninth of The Federalist Papers. It was first published by The New York Packet on February 22, 1788, under the pseudonym Publius, the name under which all The Federalist Papers were published. This is the first of three papers discussing the power of Congress over the election of its own members, the other two papers in this series being Federalist No. 60 and Federalist No. 61. The title of the paper is "Concerning the Power of Congress to Regulate the Election of Members".
Federalist No. 66 is an essay by Alexander Hamilton, the sixty-sixth of The Federalist Papers. It was published on March 8, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered".
Federalist No. 81 is an essay by Alexander Hamilton, the eighty-first of The Federalist Papers. It was published on June 25 and 28, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "The Judiciary Continued, and the Distribution of the Judicial Authority", and it is the fourth in a series of six essays discussing the powers and limitations of the Judicial branch.
A general welfare clause is a section that appears in many constitutions and in some charters and statutes that allows that the governing body empowered by the document to enact laws to promote the general welfare of the people, which is sometimes worded as the public welfare. In some countries, it has been used as a basis for legislation promoting the health, safety, morals, and well-being of the people governed by it.
