NATIONALIZATION

STRONGER AFTER 1812

EIGHT YEARS AFTER 1815=“ERA OF GOOD FEELING”

OPPOSOTION PARTY (FEDERALISTS) DISCREDITED

1820 JAMES MONROE ELECTED WITH ONLY ONE DISSENTING VOTE

ECONOMIC NATIONALISM

TARIFF OF 1816

DURING WAR NO BRITISH MANUFACTURES AVAILABLE

NATIONALIZATION

TARIFF OF 1816

MANUFACTURING GROWS DUE TO SHORTAGE

AFTER WAR FLOOD OF INEXPENSIVE BRITISH GOODS

DEMOCRATIC REPUBLICANS OPPOSED HAMILTONIAN TARRIFS IN 1790 IMOSED THEM IN 1816

SAVED AMERICAN MANUFACTURING

NATIONALIZATION

SECOND BANK OF THE UNITED STATES

HAMILTON’S FIRST BANK CHARTER EXPIRED IN 1811

JEFFERSONIANS LET IT EXPIRE

NO SUBSTITUTE

LED TO ESTABLISHMENT OF HUNDREDS OF BANKS

MANY W/OUT CAPITAL TO ENSURE ADEQUATE SUPPLY OF CREDIT OR SPECIE FOR THEIR NOTES

DURING WAR U.S. GOVERNMENTFOUND IT DIFFICULT TO BORROW TO PAY FOR WAR

NATIONALIZATION

JEFFERSONIANS (DEMOCRATIC REPUBLICANS) CHANGE ATTITUTDE ON NATIONAL BANK

NATIONALIST COURT DECISIONS

MARBURY V MADISON

1803 JUDICIAL REVIEW

FLETCHER V PECK

1810 SUPREME COURT CAN DECLARE A STATE LAW UNCONSTITUTIONAL

NATIONALIZATION

MARTIN V HUNTER’S LESEE

1816 SUPREME COURT HAS RIGHT TO HEAR APPEALS FROM STATE COURTS AND OVERTURN DECISIONS

DARTMOUTH COLLEGE V WOODWARD

1819 STATES CANNOT IMPAIR OBLIGATIONS OF CONTRACTS PROTECTED BY CONSTITUTION

NATIONALIZATION

MCCULLOCH V MARYLAND

1819 CONGRESS HAS RIGHT TO ESTABLISH NATIONAL BANK. STATES CANNOT TAX FEDERAL AGENCY

GIBBONS V OGDEN

1824 CONFIRMED (UNDER LOOSE INTERPRETATION OF CONSTITUTION) FEDERAL CONTROL OVER INTERSTATE COMMERCE

NATIONALIZATION

CHIEF JUSTICE JOHN MARSHALL

SERVED 1801-1835

ESTABLISHED DOCTRINE OF “IMPLIED POWERS”

INCREASED POWERS OF CENTRAL GOVERNMENT

CREATED MANY JUDICIAL PRECEDENTS

STRENGTHENED JUDICIAL BRANCH OF THE GOVERNMENT

NATIONALIZATION

EXAMPLE-MARBURY V MADISON 1803

Under Washington and Adams, only members of ruling Federalist Party were appointed to the bench, under the Constitution, they held office for life during "good behavior."

Republicans won the election of 1800 (Jeffersonians adapted “Republicans” in 1803)

Republicans controlled the presidency and Congress, the Federalists still dominated the judiciary

NATIONALIZATION

MARBURY V MADISON

Republicans repeal the Judiciary Act of 1800, which had created a number of new federal judgeships

A number of commissions had not been delivered, and one of the appointees, William Marbury, sued Secretary of State James Madison to force him to deliver his commission

NATIONALIZATION

The new chief justice, John Marshall (Federalist), understood that if the Court awarded Marbury a writ of mandamus (an order to force Madison to deliver the commission) the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law.

Was there a political motivation?

NATIONALIZATION

Marshall declared that Madison should have delivered the commission to Marbury, but then held that the section of the Judiciary Act of 1789 that gave the Supreme Court the power to issue writs of mandamus exceeded the authority allotted the Court under Article III of the Constitution, and was therefore null and void. Thus he was able to chastise the Jeffersonians and yet not create a situation in which a court order would be flouted

NATIONALIZATION

The critical importance of Marbury is the assumption of several powers by the Supreme Court. One was the authority to declare acts of Congress, and by implication acts of the president, unconstitutional if they exceeded the powers granted by the Constitution. But even more important, the Court became the arbiter of the Constitution, the final authority on what the document meant. As such, the Supreme Court became in fact as well as in theory an equal partner in government, and it has played that role ever since

NATIONALIZATION

FOREIGN POLICY

RUSH-BAGOT AGREEMENT

1817 U.S. & GB AGREE TO NO NAVAL ARMAMENTS ON THE GREAT LAKES

PURCHASE OF FLORIDA

1819 BOUGHT IN ORDER TO DENY FLORIDA AS A BASE AGAINST RAIDING INDIANS

MONROE DOCTRINE

1823

DURING NAPOLEONIC ERA

SEVERAL S. AMERICAN COLONIES REVOLTED AGAINST THEIR EUROPEAN MASTERS

AFTER NAPOLEON’S DEFEAT AT WATERLOO, MANY EUROPEAN POWERS WANT THEIR COLONIES BACK

NATIONALIZATION

NEW S. AMERICAN COUNTRIES HAD BEEN RECOGNIZED BY U.S. & GB

PROFITABLE TRADE

RUSSIA ON THE WEST COAST

GB PROPOSED A JOINT DECLARATION

AT STATE OF THE UNION ADDRESS MONROE DECLARES

NATIONALIZATION

WESTERN HEMISPHERE CLOSED TO FURTHER EUROPEAN EXPANSION

ANY EUROPEAN INTERFERENCE WITH ANY S. AMERICAN COUNTRY=UNFRIENDLY ACT AGAINST U.S.

U.S. NOT INTERFERE W/ INTERNAL CONCERNS OF EUROPEAN STATES

THIS IS THE MONROE DOCTRINE

NATIONALIZATION

SIGNIFIGANCE OF MONROE DOCTRINE

NOTIFIED EUROPE TO SATY OUT OF WESTERN HEMISPHERE

STRENGTHENED ISOLATIONISM

HELPED U.S. CONCENTRATED ON PACIFIC AND S. AMERICA

“HIGH WATER MARK” OF NATIONALISM AFTER 1815

BECOMES CONERSTONE OF AMERICAN FOREIGN POLICY

NATIONALIZATION

WESTWARD EXPANSION

1820 ¼ AMERICANS LIVE WEST OF APPALACHIANS

NORTHWEST TERRITORY ORGANIZED UNDER NORTHWEST ORDINANCE OF 1787 (WHICH FORBADE SLAVERY)

OHIO 1803

INDIANA 1816

ILLINOIS 1818

NATIONALIZATION

LOUISIANNA PURCHASE 1803

NAPOLEON AGAIN

“MANIFEST DESTINY” 1840’S

MEXICAN CESSION 1848

GOLD RUSH 1849

FACTORS STIMULATING WESTWARD MOVEMENT

GOVERNMENT LAND POLICY

END OF INDIAN THREAT

NATIONAL ROAD

STATE ROADS AND CANALS

IMMIGRATION

ACQUISITION OF NEW LANDS

CREATION OF NEW STATES