2. 1789-1835 Expansion of National Government Under Federalists

Expansion of National Government Under Federalists:

• 4 instances, making gov bigger

• 1790: The creation of the First National Bank 

• 1794: The Whiskey Rebellion

• 1798: Alien and Sedition Acts

  • Kentucky + Virginia Resolutions

• 1801-1835: The Marshal Court

1: The creation of the First National Bank 

• 1790 Hamilton proposed the creation of a national (central) bank

  • Argued that creation was Constitutional under “necessary and proper clause”

  • Hamilton took liberal reading of Constitution

  • Before deposits were held in state and private banks

• Problems w/ bank: 

  • Constitutionality is in Question: Thomas Jefferson says unconstitutional, Hamilton constitutional

  • Divides ppl: 

    • Pro Bank= Hamilton is creating plan for major economy (digging grave for slavery)

    • Anti Bank = Jefferson wants to create plan for farming economy (want slavery)

2: The Whiskey Rebellion

• 1794, Hamilton proposed excise (luxury) tax on the manufacturing and production of whiskey produced in U.S. to fund American gov and nation out of debt

• July 1794: a group of Pennsylvania farmers who opposed the tax destroyed a tax inspector's house (side hustle)

• Hamilton knew that rebellion threatened the gov

  • If ppl violently opposed laws, the national gov would have no power

  • If rebellion overthrew gov, America would end

• Hamilton advocated the use of military force to suppress the rebellion which Washington went along with

  • 13,000 militia troops sent to western Pennsylvania led by Hamilton and Virginia governor Henry Lee 

• Significance Both Hamilton and Jefferson believed the will of the ppl gives gov power -> but want it in diff ways (popular sovereignty)

  • To Hamilton: Rebellion proves the strength of the government outweighs the ppl -> proves gov doesn't have tyrannical rule bc the ppl who made this decision = popular sovereignty

  • To Jefferson: pro-rebellion bc ppl are demanding the right to decide and have the American spirit -> popular sovereignty should be direct to individual

3: Alien and Sedition Acts

• 1789 John Adams is prez tensions r rising bc French Rev is raging in Frace and US doesnt get involved

  • Washington/Hamilton didn't get involved French helped out for Americans Rev Jefferson wanted to help out but Hamilton said to expensive

• Citizens: Anti-french and anti-John Adams

• Congress passed the Alien and Sedition Acts (advised by John Adams) to censor talk abt France and John Adams

  • Allowed president to imprison or deport foreigners considered “dangerous to the peace and safety of the United States”

  •  Restricted any speech which was critical of the federal government

3.5: Kentucky and Virginia Resolutions

• Theory of Nullification → states how power to nullify/invalidate whether law is constitutional or not

• Thomas Jefferson + James Madison wrote this in response to AA acts bc the constitution never says who determines what is constitutional and what to do abt it

  • Now states can rule that smt is wrong and not follow that federal law

  • Supreme Court: is ruling on other things rn

• The Compact Theory of the Constitution: (to Jefferson) const creates a contract among the states (marriage 2 distinct individuals w/ same view, but does not create one person)

  • (to Abraham Lincon) gov is a separate entity that cant be undone (baby of 2 ppl)

  • Which justifies the succession during the Civil War

4: The Marshal Court

1801-1835 → Andrew Jackson

• Series of 3 significant rulings by John Marshall

• John Adams appointed John Marshall as Cheif Justices of SCOTUS 

  • Federalists Party leader and Secretary of State under john Adams

  • In Supreme Court foreva

  • Marshal decides to increase the power of the Supreme Court dramatically 

• (used to meet in the basement of the capital building)

4.1: Marbury v. Madison

• 1803: Judicial Review-> Regarded as the single most important case in American Constituional Law

• Established SCOTUS as the final decider of constitutionality b/c that's what John Marshall said (NOT IN CONSTITUTION -> not decided by individual states)

  • When North wins Civil War Nullification and Compact Theories r killed and Abraham Lincon idea previals (bc judicial review)

4.2: McCullock v. Maryland pt 2

• 1819: Implied Powers (necessary + proper) Clause Affirmed

• Marshall says THIS IS CONSTITUTIONAL, that Hamilton’s logic that Constituion is stretchy is great and this prevail

4.3: McCullock v. Maryland pt 1

• 1819: Federal Power Supreme Over State

• Marshall says states cannot tax Bank -> confirmed the supremacy of federal law over state law

By 1835

All Branches of Gov have been expanded by Federalists