Era of Supposed Non-Partisanship (“Era of Good Feelings”) – Hidden Fault-Lines
President James Monroe celebrated the decline of open partisanship, yet deep divisions persisted beneath the surface.
Facade of unity masked questions that would “strain and eventually break” the Jeffersonian consensus created by the Virginia Dynasty (consecutive 24 years of Virginian presidents: Jefferson → Madison → Monroe).
Ultimate fracture point = slavery, but other economic & constitutional issues erupted first.
Henry Clay: Career & Intellectual Influence
Kentuckian with many offices: Speaker of the House, Senator, Secretary of State.
Remembered earlier as a War of 1812 Hawk; now more significant for proposing the American System.
Championed economic nationalism that echoed (but modified) Alexander Hamilton’s energetic-government vision.
Post-War of 1812 Burst of Economic Nationalism
Even “Old Republicans” adopted Federalist-style measures:
Second Bank of the United States (BUS 2) chartered under President Madison.
Tariff of 1816: average duty 25% on imports → protect nascent U.S. manufacturing.
Modest but unprecedented peacetime military expansion.
Debate over federal funding of internal improvements.
Madison favored in principle but vetoed on constitutional scruples.
Monroe sought Supreme Court advice; Court said “constitutional,” yet Monroe hesitated.
John Marshall & the Supreme Court as “Citadel of Federalism”
Early Business-Friendly Contract Decisions
Fletcher v. Peck (1810)
First time Court invalidated a state law via Constitution.
Upheld Article I, Section 10 (Contract Clause) → signals that contracts are sacrosanct.
Dartmouth College v. Woodward (1819)
NH legislature (Republican) tried to convert private Dartmouth College → public university.
Court (with Daniel Webster arguing) ruled charter = private contract protected by Contract Clause.
Result: corporations are private entities even if chartered by states; states cannot meddle once charter issued.
Consequences:
Safer climate for investment/corporate startups.
Surge to ~1,900 corporations in New England by 1830.
Court thereby fostered a laissez-faire national economy within a Republican political order.
Federal Supremacy over States
McCulloch v. Maryland (1819)
MD taxed notes of BUS 2; cashier William McCulloch refused.
Marshall’s steps:
Implied powers: BUS constitutional under Necessary & Proper Clause (Art I §8 cl.18).
Federal supremacy: Legitimate federal instrument cannot be burdened by a state tax (“power to tax = power to destroy”).
Famous triad: (i) Constitution grants broad implied powers, (ii) federal law supreme, (iii) states may not obstruct.
Gibbons v. Ogden (1824)
NY granted Fulton-Livingston Co. exclusive Hudson steamboat rights; Thomas Gibbons (holding a federal coastal license) operated in defiance.
Court broadened Commerce Clause (Art I §8) → Congress alone regulates interstate commerce, including navigation.
Rejected “strict construction”; warned such theory would “cripple the government.”
Lawyer Daniel Webster hailed resulting “economic Union.”
Question of whether American System could harmonize Jeffersonian agrarianism with Hamiltonian industrial modernity; critics warned money-power would dominate yeomanry.
Federalism tensions: who should pay & who benefits? (“general welfare” vs regional pork).