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Federal Authority and its Opponents: Federal Authority and its Opponents: Judicial Federalism, the Bank War, TariffJudicial Federalism, the Bank War, Tariff

Controversy, and States' Rights DebatesControversy, and States' Rights Debates

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King AndrewKing Andrew During his two terms in office During his two terms in office

Andrew Jackson exercised his veto Andrew Jackson exercised his veto power more than any other power more than any other President before him. President before him.

His opponents saw this use as His opponents saw this use as excessive and unwarranted. excessive and unwarranted.

In 1832 President Jackson vetoed In 1832 President Jackson vetoed a bill that would have established a a bill that would have established a second bank of the United States. second bank of the United States.

This bill was seen as a political This bill was seen as a political move on the part of Jackson's move on the part of Jackson's opponents. opponents.

President Jackson strongly President Jackson strongly opposed a second bank and made opposed a second bank and made his feelings on the situation well his feelings on the situation well known. known.

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Veto Message Regarding the Veto Message Regarding the Bank of the United StatesBank of the United States

In his veto message to the Senate, Andrew In his veto message to the Senate, Andrew Jackson outlines his grievances with the charter Jackson outlines his grievances with the charter of the second bank of the United States. of the second bank of the United States.

Jackson sites the problems that will arise from Jackson sites the problems that will arise from investment in the Bank by only 25 people and investment in the Bank by only 25 people and foreign entities. foreign entities.

He is fearful of the political and economic He is fearful of the political and economic ramifications of a second bank.ramifications of a second bank.

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Tariff of 1828 Tariff of 1828

In 1828, Vice President John C. Calhoun began to differ In 1828, Vice President John C. Calhoun began to differ with Andrew Jackson over the question of states' rights. with Andrew Jackson over the question of states' rights.

While Jackson began supporting the federal government While Jackson began supporting the federal government vis-a-vis the states, Calhoun took the oppositie view.vis-a-vis the states, Calhoun took the oppositie view.

When the Tariff of 1828 was imposed, Calhoun was When the Tariff of 1828 was imposed, Calhoun was opposed to such an act. He drafted a speech to air his opposed to such an act. He drafted a speech to air his greviances.greviances.

""With these views the committee are solemnly of the impression, if the present usurpations and With these views the committee are solemnly of the impression, if the present usurpations and the professed doctrines of the existing system be persevered in, after due forebearance on the the professed doctrines of the existing system be persevered in, after due forebearance on the part of the State, that it will be her sacred duty to interposes duty to herself, to the Union, to the part of the State, that it will be her sacred duty to interposes duty to herself, to the Union, to the present, and to future generations, arid to the cause of liberty over the world, to arrest the present, and to future generations, arid to the cause of liberty over the world, to arrest the progress of a usurpation which, if not arrested, must, in its consequences, corruptprogress of a usurpation which, if not arrested, must, in its consequences, corrupt the public the public morals and destroy the liberty of the country. "morals and destroy the liberty of the country. "

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Tariff of 1832 Tariff of 1832

In order to keep peace with the South and to prevent In order to keep peace with the South and to prevent succession, in particular that of South Carolina, Andrew succession, in particular that of South Carolina, Andrew Jackson proposed a new tariff. Jackson proposed a new tariff.

This tariff was slightly lower than that of 1828, but was This tariff was slightly lower than that of 1828, but was not low enough to appease the south. not low enough to appease the south.

South Carolina continued to threaten nullification in South Carolina continued to threaten nullification in response to the two tariffs. response to the two tariffs.

In this proclamation, Andrew Jackson defends his tariffs In this proclamation, Andrew Jackson defends his tariffs and declares nullification illegal.and declares nullification illegal.

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The Debates over States' The Debates over States' Rights Rights

At the height of the Tariff Controversy, debates At the height of the Tariff Controversy, debates began about the rights of states. began about the rights of states.

In his inaugural address as Governor of South In his inaugural address as Governor of South Carolina, Robert Y. Hayne (1791-1839) outlines Carolina, Robert Y. Hayne (1791-1839) outlines the reasons his state has for nullification. the reasons his state has for nullification.

One of the main reasons sited is the One of the main reasons sited is the unwarranted tariffs put into place by Andrew unwarranted tariffs put into place by Andrew Jackson.Jackson.

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Antifederalist No. 17 Antifederalist No. 17

In opposition to Federal authority Brutus, describes the In opposition to Federal authority Brutus, describes the limitations that the Constitution places on state authority. limitations that the Constitution places on state authority.

In particular, he sites that articles one and eight make it In particular, he sites that articles one and eight make it clear that there is no need for state governments clear that there is no need for state governments

"It appears from these articles, that there is no need of any intervention of the State "It appears from these articles, that there is no need of any intervention of the State governments, between the Congress and the people, to execute any one power governments, between the Congress and the people, to execute any one power vested in the general government, and that the Constitution and laws of every State vested in the general government, and that the Constitution and laws of every State are nullified and declared void, so far as they are or shall be inconsistent with this are nullified and declared void, so far as they are or shall be inconsistent with this Constitution, or the laws made in pursuance of it, or with treaties made under the Constitution, or the laws made in pursuance of it, or with treaties made under the authority of the United States. The government, then, so far as it extends, is a authority of the United States. The government, then, so far as it extends, is a complete one, and not a confederation. It is as much one complete government as complete one, and not a confederation. It is as much one complete government as that of New York or Massachusetts; has as absolute and perfect powers to make and that of New York or Massachusetts; has as absolute and perfect powers to make and execute all laws, to appoint officers, institute courts, declare offenses, and annex execute all laws, to appoint officers, institute courts, declare offenses, and annex penalties, with respect to every object to which it extends, as any other in the world. "penalties, with respect to every object to which it extends, as any other in the world. "

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Judiciary Act of 1789Judiciary Act of 1789

The Judiciary Act of 1789, the first act of Congress, The Judiciary Act of 1789, the first act of Congress, establishes the federal courts system. establishes the federal courts system.

The Act outlines the jurisdiction and duties of the courts. The Act outlines the jurisdiction and duties of the courts. In particular, section 25, describes the courts jurisdiction In particular, section 25, describes the courts jurisdiction

and power of final say over all matters, including those of and power of final say over all matters, including those of individual states. individual states.

"the decision is against the title, right, privilege, or exemption, "the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party, under such clause of the specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-said Constitution, treaty, statute, or commission, may be re-examined, and reversed or affirmed in the Supreme Court of the examined, and reversed or affirmed in the Supreme Court of the United States upon a writ of error,"United States upon a writ of error,"

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Antifederalist No. 22Antifederalist No. 22

In the Antifederalist No. 22, Candidus, writes about the In the Antifederalist No. 22, Candidus, writes about the alternatives to a federal Constitution. alternatives to a federal Constitution.

This plan outlines seven suggestions for the Constitution; This plan outlines seven suggestions for the Constitution; including judicial power and states' rights.including judicial power and states' rights.

"The advocates for the Constitution, have always assumed an advantage by "The advocates for the Constitution, have always assumed an advantage by saying, that their opposers have never offered any plan as a substitute; the saying, that their opposers have never offered any plan as a substitute; the following outlines are therefore submitted, not as originating from an following outlines are therefore submitted, not as originating from an individual, but as copied from former resolutions of Congress, and united individual, but as copied from former resolutions of Congress, and united with some parts of the Constitution proposed by the respectable with some parts of the Constitution proposed by the respectable

conventionconvention.." "

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Federalist No. 39Federalist No. 39

James Madison shows his support for the federal James Madison shows his support for the federal judiciary in the Federalist No. 39. judiciary in the Federalist No. 39.

He describes what constitutes a republican government He describes what constitutes a republican government and it’s components and strengths; including a federal and it’s components and strengths; including a federal judiciary or as he refers to it a “tribunal.” judiciary or as he refers to it a “tribunal.”

"What, then, are the distinctive characters of the republican form? "What, then, are the distinctive characters of the republican form? Were an answer to this question to be sought, not by recurring to Were an answer to this question to be sought, not by recurring to principles, but in the application of the term by political writers, to the principles, but in the application of the term by political writers, to the constitution of different States, no satisfactory one would ever be constitution of different States, no satisfactory one would ever be found… "found… "