Question/Problem 6: How did challenges to the government lead to broadened interpretations of the Constitution?

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What were the challenges |How were these	|In what ways were the
to the Government?	|challenges resolved? 	|interpretations of the 
						|Constitution broadened?
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1789:  Many people 	The Bill of Rights,	This showed that the
feared the newly 	the first ten amend-	Constitution was 
created government	ments to the Consti-	flexible.  Through
would be too powerful.  tution, were adopted 	amendments, it could
Some argued that	in 1791.  They protect	change over time.
protection of the	individual and state's 
rights of individuals	rights. 
should be included in 
the Constitution. 
(See index:  Bill
of Rights)
	
	


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1791: The nation faced	Hamilton argued that 	This certainly broadened 
financial problems 	Congress could make 	the powers of Congress to
after the Revolu-	all laws "necessary	make laws.
tionary War. Alexander	and proper" and the 
Hamilton proposed	bank fit the critieria.
a national bank to 	President Washington 
hold the nation's	agreed and signed 
reserves, but Thomas	the bill.
Jefferson and others 
criticized it as 
unconstitutional.
(See index:  Bank of 
the United States)


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Constitution, expansive	The Federalists (John 	Although political parties 
executive powers and a	Adams) won in 1796. 	were not mentioned in the
neutral or pro-British	In 1800, however,	Constitution, the election
Foreign policy.  	Republican Thomas  	of 1800 showed that the
Republicans supported	Jefferson won the	government created by the
a narrow reading of 	election. The		Constitution could with
the Constitution,	"Revolution of 1800"	stand diverse opinions.
limited executive 	showed a new political
powers, and a pro-	party could take power
French policy. These	without much disruption
two evolving parties	to the country.
faces each other in the
presidential elections 
of 1796 and 1800.  (See 
index: Political Parities)
 

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1798: Disputes with	People claimed the law	The issue focused national 
France threatened to	violated First Amend-	attention on the Bill of
plunge the  United 	ment freedom of	speech	Rights and the Constitu-
States into war with 	and the press. Congress	tion. Although the courts
its former ally. John	allowed the Sedition	did not strike down the
Adams signed the 	Act to expire and	the law, the popular
Sedition Act that	President Thomas	defense of individual
made it illegal to	Jefferson pardoned	rights grew. (i.e.
to criticize the 	anyone convicted under	Virginia Resolution)
government.  (See 	it.
index:  Alien and 
Sedition Acts)



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1803:  In 1801 in his	Chief Justice John 	The concept of judicial
last weeks in office,	Marshall held in 	review became a precedent
President Adams 	_Marbury vs. Madison_	whereby the Supreme Court
appointed Federalists	that Marbury had based	could overturn acts of
to many new Federal	his suit on a		Congress.  This greatly
judgeships. President	unconstitutional	increased the power of
Jefferson and Secretary	Section of 1789 	the Supreme Court.
States James Madison 	Judiciary Act. Marshall
refused to deliver one	held the statute 
Commission, and he 	unconstitutional and
sued Madison in the 	dismissed the suit.
Supreme Court. (See 
index:  Marbury v. Madison).