Post on 06-Oct-2020
The 2nd War for
Independence & the
Upsurge of Nationalism
1812-1824
American Pageant Chapter 12—
part 2
John Marshal and Judicial
Nationalism• John Marshall—lasting impact
– Supreme Court Chief Justice
– Ardent nationalist (Federalist party)
– Loose Construction
• McCulloch v. Maryland (1819)– Maryland tries to tax Bank of U.S. (to
destroy it)
– Outcome: • Bank is Constitutional: “Implied powers”
• States cannot tax federal institutions– “The power to tax is the power to destroy”
John Marshal and Judicial
Nationalism• Cohens v. Virginia (1821)
– Cohens found guilty in VA courts for illegally selling lottery tickets
– Established the right of the S.C. to review state court decisions
John Marshal and Judicial
Nationalism• Gibbons v. Ogden (1824)
– New York tried to grant a monopoly of water travel between NJ to a private company
– Constitution gives sole power of regulating interstate commerce to Federal Government
John Marshal and
Democratic Excesses• Fletcher v. Peck (1810)
– Yazoo land fraud—GA congress canceled the crooked transaction
– S.C. ruled that Constitution forbids state laws “impairing contracts”
– Invalidated a state law that violates the constitution
John Marshal and
Democratic Excesses• Dartmouth College v. Woodward (1819)
– New Hampshire tried to change charter of college established by King George III
– S.C. ruled that states cannot encroach on contracts
• Daniel Webster– Federalist Senator who frequently argued
in front of S.C.
– Same views as John Marshall
Sharing Oregon & Acquiring
Florida• Treaty of 1818 w/Britain
– John Quincy Adams
– Fixed northern limits of LA
• 49th parallel
– 10 year joint occupation of OR
Sharing Oregon & Acquiring
Florida• West Florida
– Andrew Jackson—exceeded instructions
– Pretext—Seminole Indian & escaped slaves attacks
– In process seized 2 Spanish Forts
– Florida Purchase Treaty of 1819 or Adams-Onis Treaty
• Spain yielded Florida
• U.S. gave up claims to Texas
The Menace of Monarch in
America• After Napoleon—restored monarchs
– Keep world “safe from democracy”
– U.S. Concerns—Spanish America & Russia ―extending it’s boundaries‖
• Great Britain—want to keep ports w/new republics in Latin America
• George Canning—British Foreign Secretary– Wants U.S. & Britain to issue joint
statement against Europe in S. America
Monroe & His Doctrine
• Americans issue independent statement
• Monroe Doctrine (1823):
– European powers
• Noncolonization
• Nonintervention
– Era of colonization & intervention had ended in this hemisphere
Monroe’s Doctrine
Appraised• European monarchs—angered
• U.S.:– Self protection & nationalism
– Too weak to enforce w/o backing of British Navy
– Latin Americans—few knew of it
– Illusion of isolationism
– Wasn’t revived until Pres. Polk
• Russo-American Treaty of 1824– 54º 40’—limits of Russian territory