4.2

Essential questions:

  • John Marshall is often called a “Judicial Nationalist.” What is nationalism? In what ways can we say that Marshall’s legal legacy sought to promote nationalist goals?

    • nationalism - loyalty & allegiance to a nation outweighing smaller group interests.

    • Marshall’s legal legaacy sought to promote nationalist goals by giving federal powers like the second bank

Identification/Key Terms:

The Federalist Legacy - 238

  • War of 1812 → Republicans split into 2 camps

    • national faction & Jeffersonian faction

    • Henry Clay led national republicans who pursued Federalist-like properties

      • created second bank of U.S.’'

    • Prez Madison - traditional jeffersonian republican views, nat gov cant fund internal improvements

  • After war → federalist party crumbled

  • Marshall’s Federalist Law - 238'

    • John adams appointedJohn Marshall’s long tenure in supreme court → federalist policies continued

    • Marshalls jurispredence: judicial authority, supremacy of national laws, & traditional property rights

  • Asserting National Supremacy - 239

    • Mculloch v. Maryland (1819)

      • congress created 2nd bank of U.S. → allowed bank to set up state branches competing w/ state chartered banks

        • Maryland legislature imposed tax on bank

      • 2nd Bank claimed tax broke national powers & was unconstitutional

        • state cited jefferson’s argument: congress lacks constitutional authority to charter national bank

      • Marshall court: 2nd bank is constitutional, & maryland did not have pwr to tax it

    • Gibbons v. Ogden(1824)

      • Congress has pwr to regulate commerce, & federal law supririor to state laws

  • Upholding Vested Property Rights - 239

    • Marshall used constitution to uphold federalist notions of property rights

    • Marshall & federalists wanted to protect individual property rigths

      • Fletcher v Peck (1810)

        • GA legislature gave a lot of land to Yazoo Land company

          • new legislature canceled grant bc of fraud & bribery → Marshall stated original legislature grant was a contract that couldnt be revoked

            • limited state pwr & promoted nat capitalist economy

  • The Diplomacy of John Quincy Adams - 240

    • John Quincy - Republican son of John Adams who helped negotiate Treaty of Ghent

      • 1817 Rush Bagot Treaty - limited American & naval forces on great lakes

      • Adams Onis Treaty 1819 - persuaded Spain to give Florida to U.S.

        • U.S. gov gave spain texas & compromised w boundary of Louisiana

    • Monroe Doctrine. - Monroe warned Spain & othr Euro pwrs to leave newly independent republics in Latin america alone

      • in return, U.S. wouldnt inerfere w/ internal concerns of european nations

    • John Quincy Adams → U.S. asserted diplomatic leadership in W hemisphere & won acceptance of its n & w boundaries

    • 1817-1825 Monroe presidency - “era of good feeling”

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