American History - States Rights
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- What are the Points of the "Alien and Sedition Acts"?
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a) Illegal to say anything against the US government
b) Immigrants may be depoted if considered
"dangerous" - What did the anti-Federalists think of the Alien and Seditions Acts?
- Claimed they were unconstitutional
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Did the anti-Federalists want a strong federal govt.?
Who wanted a Bill of Rights? -
No
Anti-federalists - What were the Virginia and Kentucky resolutions and what were their significance?
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a) drafted by Jeff. and Madison
b) saidf states were sovereign, could nullify any fed. law
c) believed states had "natural right" to do so if fed. law was deemed unconstitutional
Sig: earliest sign of states' rights issues after the Convention - What were the logic problems with the nullification idea in the Virg and Kentucky resolutions?
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a) how to nulligy?
b) who determines constitutionality -
McCulloch vs. Maryland (1819)
a) what was it about? -
Fed. govt wanted to establish a national bank in Maryland. Maryland said "No" and they would tax the profits of they did.
The Fed govt. wasn't happy so it went to the Supreme Court. -
McCulloch vs. Maryland (1819)
1) Who decided it? - Chief Justice John Marshall
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McCulloch vs. Maryland (1819)
Who lost and why? -
Maryland
Decision said:
1) pro-state decision would stunt national growth
2) the people (not the states) wrote the Constitution and gave the limited powers to the govt.
3) "the Necesary and Proper" clause gave the fed. govt. BROAD powers to execute the powers.
4) the ends justify the means as long as its Constitutional
5) "Supremamcy clause": the Const. is the supreme law of the land -
McCulloch vs. Maryland (1819)
What is the significance? - Legally established federal sovereighty over state sovereignty.
- What is nullification?
- Idea that a state could declare a federal law as null and void if it deemed it unconstitutional.
- How did Calhoun try to use theory of nullification?
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Tried to says states (S. Carolina) could decide if it would support the federal tariffs of 1828 and 1832.
Resigned and declared the tariffs were
"null, void and not a law"
Threatened secession and challenged Jackson's authority. -
How did Jackson respond to Calhoun's
nullification attempts? -
Got the "force law" passed.
Said: follow tarriff or he would send in troops
Jackson said that the state have "no right to secede" - Why did Jackson have such a harsh response?
- It was his job to enforce the law.
- What was the significance of the tariff issue?
- Set a precedent for Lincoln that the Union could NOT be dissolved by the "unilateral actions of a group"
- Why did Calhoun want to annex Texas and Florida during war of 1812 to extend slavery?
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a) North's population was growing so fast that he feared that non-slave states would outnumber slave states
b) feared abolition if a) happened. - What is slavery called a "peculiar institution"?
- Contrast between fight for freedom and slavery.
- Why is racism the heart of slavery?
- Does not allow for assimilation of cultures
- Differences between American slavery and Euro-slavery?
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1) forced a distinction of social classes as well as economic distinctions.
2) American slave owners spent time on the plantation with the slaves and developed a
feeling of white superiority
a) a true slave sociiey exists where whites outnumbered blacks. - What are the legacies of slavery in America?
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1) social and economic inferiority on blacks
2) cultural racism in whites
3) pre-1450 - slaves considered "Exotic" - later considered "stupid and backward commodities" - What was the significance of slavery in the Revolution?
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a) took away from democratic idealism of the Rev.
b) promoted US imperialism - Discuss Jefferson and his feelings about slavery?
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"Hated, feared and reviled" it privately
Wanted "outright abolition" - moral evil that degraded owner more than slave