Judicial Nationalism/Missouri Crisis Study Notes

Essay by thekingandqueen January 2009

download word file, 2 pages 0.0

1.What is Judicial Nationalism? Identify three decisions that promulgated this concept.

-the Marshal court delivered three landmark decisions that strengthened the power of the federal government (Judicial Nationalism)-Dartmouth v. Woodward (contract)-Dartmouth insisted that the charter was in fact a contract, protected under Article VI of the constitution --> court ruled in Dartmouth’s favor-political between the Board of Trustees ruling Dartmouth – they want to turn Dartmouth into a State University (then the legislators would have control over Dartmouth)-comes at a time when the economy is changing – questions of contract and the sanctity of the law are becoming important-has significant implications for agreements between individuals-the Supreme Court can resolve disputes-McCulloch v. Maryland (national bank)-about the Second Bank of the United States-federal government was superior to the states-the states could not have the power to tax the creations of the federal government-state legislators were not necessarily happy with the national bank-state banks --> then branches of the national bank in every major state-in Maryland state legislators want the state banks to flourish over the branch of the national bank --> don’t want people to put their money in there-tax financial transactions at the branch of the national bank in Maryland (Baltimore)-the national bank sues the state of Maryland --> the state has no authority to tax the national bank-not only does Marshall rule that Maryland --> wants to rule about the legality of the national bank – goes on to say that it is constitutional and that under article 1 section 8 congress does have the right to create a national bank-Gibbons v.

Ogden (Interstate Commerce)-concerned a ferryboat monopoly --> boat going between NJ and NY-Thomas Gibbons had obtained a federal license --> where an action of a state conflicted with an action of the federal government – federal power takes precedence-rules that if intrastate --> state government has the power to regulate such commerce and interstate --> federal government2. What was the Panic of 1819?-credit began to dry up and the value of paper money fell-country was thrown into a sharp depression -->commodity prices crashed-the cotton market went way down-businesses began to fail -->many people lost their jobs3. Identify and discuss the significance of the Missouri Compromise.

-thinking about the issue in ways they wouldn’t before-this is probably because there is only one official party (the National-Republican Party)-->not party loyalty but regional loyalty-becomes more important about where they are from --> slaveholders – slaves are very important to the political economy of their respective states-11 free states and 11 slave states --> balance is now going to be shifted toward southern interest-Missouri applied for permission to organize as a state-admission of Missouri would give the slave states domination in sectional disputes-allowed Missouri to enter when Maine applied for statehood as a free state → Missouri must never deny constitutional protection to free African Americans-now in balance --> 12 free states and 12 slave states-gave up Missouri -->called the “great American desert”-cotton plantations could not prosper there – not much fertile soilBibliography:Making a Nation (textbook)