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Topic: American History
Number of pages / Number of words: 3 / 652
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Many agreed with Jefferson that the mass election of Democratic-Republicans in 1800 was indicative of the American people's rejection of Federalism, that Marshall therefore had no right to make these decisions, and that "the Constitution, by this hypothesis, is a mere thing of wax in the hands of the judiciary...


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The potential ambiguity of the 8th Amendment made it a useful tool in argument. Anti-federalists insisted that the enumerated powers were only functional when "necessary and proper", and that the disputed Amendment's wording only served to point out this responsibility. (G) Federalists continued to assert the Federal Government's constitutional right to substantial power and responsibility, as well as its supremacy in enumerated powers...


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