Transcript Chapter 8 Section 4 - mfranzyshen / Mr Franzyshens Home Page

CHAPTER 8 SECTION 4
OPEN UP YOUR CHROME BOOKS TO SEE
ESSAY ASSIGNMENT.
ESSENTIAL QUESTIONS
• What is nationalism? (review from world history)
• What challenges did the United States face when
trying to unify?
• Was Chief Justice John Marshall really a nationalist?
What evidence do we have to support this answer?
MAP WARM UP
WHAT IS NATIONALISM?
• Book Definition:
• Love of one’s country rather than one’s native region
• Your definition:
TERRITORIAL GROWTH AND SLAVERY
POLITICAL CHALLENGES FACING U.S.
NATIONALISTS
• To what extent does the Necessary and Proper
Clause grant a new power to Congress? What does
“Proper” mean?
• How does the interpretation of this clause make
unification difficult?
BACKGROUND INFORMATION
• First National Bank of the United States
• National Bank, chartered for a term of twenty years, by
the United States Congress on February 25, 1791.
• Establishment of the Bank was championed by Alexander
Hamilton, first Secretary of the Treasury.
• How did Hamilton gain support for this charter of 20 years?
• Cut a deal with the South
• South-Capital was moved to Washington D.C. (NYC for 1 year- then to
Philidelphia for 10 years- then to D.C)
• Northern federalists got all Revolution debts consolidated into a national
one and their national bank!
• In 1816, Congress created the Second Bank of the U.S..
• Many Southern States Upset- WHY?
• REVIEW- What are the ENUMERATED/EXPRESSED Powers
granted to Congress? (Article 1- Section 8) LIST ALL 18 Clauses
in your own words…
BACKGROUND CONTINUED
• On February 11, 1818, the General Assembly of
Maryland (STATE government) passed an act titled,
"an act to impose a tax on all banks, or branches
thereof, in the Stateof Maryland, not chartered by
the legislature”
• James William McCulloch, head of the Baltimore
Branch of the Second Bank of the United States,
refused to pay the tax.
• The State of Maryland filed a lawsuit against
McCulloch….goes to the Supreme Court
• What Supreme Court Case granted Judicial
Review???
1. DOCUMENT READINGS
• All students will be assigned 2 readings.
•
•
•
•
•
If your number is 1 you will read documents E and C.
If your number is 2, you will read documents D and H.
If your number is 3, you will read documents F and B.
Write out all answers to questions in your own words!
Define words that are underlined!
2. MASTER GROUP
• Create a Master Group of the same documents!
• Discuss your responses- Make sure your answers are flawless
and in your own words!
• To what extent does the Necessary and Proper Clause
grant a new power to Congress? What does “Proper”
mean?
3. NEW GROUP
• Form a New Group. Record all answers in your own
words! (no need to copy vocabulary)
• Which level of government is each document in favor of?
• Based on both perspectives, how should Chief Justice John
Marshall rule? WHY
HOMEWORK CHECK:
• Take out a piece of paper and put your
name/date/mod on it
• For section 2-3 worksheet write down your answers
for
MCCULLOCH V. MARYLAND
• How did Chief Justice John Marshall interpret the
following clauses of the Constitution in the
unanimous opinion in McCulloch v. Maryland:
Commerce Clause, Necessary and Proper Clause,
and the Supremacy Clause?
• National bank is legitimate and appropriate b/c Necessary
Proper clause, supremacy clause, and states can NOT tax
federal institution.
• Did the opinion in this case align more with the
reasoning of Hamilton or Jefferson?
• Hamilton
GIBBONS V. OGDEN 1824
• Back. ground
• Aaron Ogden had a license from NY (STATE) to operate on
the state’s waterways (monopoly)
• Thomas Gibbons had a license from the federal
government to operate a steamboat through interstate
waterways.
• Who should hold this power/responsibility? STATE or FED?
• INFLUENCE of the INDUSTRIAL REVOLUTION (STEAM BOAT)
BARRON V. BALTIMORE
• Facts of the Case
• John Barron was co-owner of a profitable wharf in the harbor of
Baltimore. As the city developed and expanded, large amounts
of sand accumulated in the harbor, depriving Barron of the
deep waters which had been the key to his successful business.
He sued the city to recover a portion of his financial losses.
• Question
• Does the Fifth Amendment (12:51)deny the states as well as the
national government the right to take private property for public
use without justly compensating the property’s owner?
• Read the 5th Amendment- Based on the first two court rulings,
how do you think Chief Justice John Marshall ruled?
RULING!
• Question(s)
• Does the Fifth Amendment deny the states as well as the national
government the right to take private property for public use without
justly compensating the property’s owner?
• Read the 5th Amendment- Based on the first two court rulings, how do
you think Chief Justice John Marshall ruled?
• NO!
• The Court announced its decision in this case without even
hearing the arguments of the City of Baltimore. Writing for the
unanimous Court, Chief Justice Marshall found that the
limitations on government articulated in the Fifth Amendment
were specifically intended to limit the powers of the national
government. Citing the intent of the framers and the
development of the Bill of Rights as an exclusive check on the
government in Washington D.C., Marshall argued that the
Supreme Court had no jurisdiction in this case since the Fifth
Amendment was not applicable to the states.
SELECTIVE INCORPORATION
• The case by case process by which liberties listed in
the Bill of Rights have been applied to the states
using the Due Process Clause of the 14th
Amendment.
• 13th
• 14th
• 15th
ESSENTIAL QUESTION
• Based on the Supreme Court Cases we have
studied, was Marshall a Federalist or really a
nationalist trying to “preserve the union”?