UNIT 4 A New Nation Part 1-George Washington Part 2-John Adams Part 3-Thomas Jefferson Part 4-War of...

UNIT 4A New Nation

Part 1-George WashingtonPart 2-John Adams

Part 3-Thomas JeffersonPart 4-War of 1812

Part 5-James MonroePart 6-Supreme Court Cases

George WashingtonAmerica’s 1st President

Part 1

Part 1-Washington Takes Office

• Washington was the top vote getter• 2nd runner up was John Adams –

becomes the Vice-President• April 30, 1789 – inaugurated/sworn

in New York City• Inauguration – the ceremony in which

the President takes the oath of office

• All eyes were on him – everything he did set a precedent for following presidents

• Precedent – an act or a decision that sets an example for others to follow.

• Congress decided to call him “Mr. President”

Taking office…

Washington’s Challenges

Washington faced several major challenges as he worked to create a functioning federal republic and as he worked to establish the foreign and domestic policies for the United States• Define the authority of the central government• Create a stable economic system• Build a military• Maintain national security• Conduct foreign relations• Enter into treaties with Indian tribes

• Congress created departments to help the President lead the nation

• Secretary of War• Secretary of Treasury• Secretary of State• Attorney General

The First Cabinet…

Turn to page 259-American republic

• Find who the first cabinet members were and answer it

on the next slide in your notes.

Class Activity

If you were president and you had to assign members of this class to serve in your cabinet today, who in the class would fit best in each of these roles and why?

Secretary of State

Secretary of Treasury

Attorney General

Secretary of War

Who?________ Who?_________ Who?_________ Who?_________

Why would they be good in this role?

Why would they be good in this role?

Why would they be good in this role?

Why would they be good in this role?

• $54 million in national debt• National debt: the total amount of

money that a government owes to others

• Hamilton created a plan that reflected his belief in a strong central government

• Thought that the government should encourage business and industry (free enterprise)

Economic Problems…

Hamilton’s Financial Plan (as Secretary of Treasury)

Pay off all war debts

Create a national bank

Establish a whiskey tax

Create protective

tariffs

Establish the nation’s credit

Place to deposit collected taxes

Led to Whiskey Rebellion

Ended up hurting American

businesses and farmers

• He also promised to build a new capital city in Virginia (later named Washington DC)

Hamilton’s Financial Plan(as Secretary of Treasury)

• The only part of Hamilton’s plan that was not approved was the protective

tariff

Hamilton’s Financial Plan(as Secretary of Treasury)

THOUGHT SPOT

• Imagine you are a representative in

Congress in 1794. Would you have supported

Hamilton’s financial plan? Why or why not?

STOP

• Students read, “Alexander Hamilton”(green class set)

• Student answer 8 questions about Hamilton’s life.

• Madison and Jefferson believed Hamilton’s plan would only benefit the wealthy

• They also believed the Constitution did not give the federal government the right to create a national bank

• A rift begins to form among Washington’s government officials, and political parties begin to arise

Conflict

• Federalists• Democratic-Republicans (often called

just Republicans)1. Which political party would you

have been during our early republic?

Answer the questions on the following slides on your packets to see which party back then best fits you!

First 2 Political Parties

1. What kind of Government would you support?

Strong National/Federal Government

Limited National Government with States’ Rights

2. Who should we be closer allies/friends and trading partners with?

French British

3. Which type of Economy?

• Economy based upon Farming

• Economy based upon Business and Shipping

4. Should we have national bank?`

• Favored a National Bank Wanted State Banks to . control their own money

• Wanted State Banks to . control their own money

5. Your Interpretation of the Constitution

• Strict construction- people who favor strict constitution think that that federal government should do only what the constitution specifically says it can do

• “Means what it says”

• Loose construction

• Loose construction-means that the federal government can take reasonable actions that the constitution does not specifically forbid

“Can be flexible when need be”

6. Biggest Governmental Fear

• Fearful of a Government Ruled by angry uneducated mobs…Shays and Whiskey Rebellion

• Fearful of a Government ruled by one person or a powerful few….Monarchy, Tyrant or Dictator

7. Who should be in charge of the government?

• “The common people should have more say in the government. After all, they make up the greatest majority of Americans.”

•“The rich and educated should rule because they have a vested interest in and knowledge of government.”

How to DISCOVER your results.

• Put an “F” for “Federalist,” next to any of those on the next slide you put on your list

• Put a “R” for “Republican-Democrat”, next to any on the 2nd slide that you put on your list.

Alexander Hamilton

FEDERALISTS LEADER

loose constructionists

Pro-British Strong Federal

government

Wealthy &

Educated

Merchants

Thomas Jefferson

Democratic-REPUBLICANS

STRICT constructionists

Pro-French Favored States’

rights

Open to all adult males

Farmers

LEADER OF

RESULTS

•Which did you have the most of?

• F or R? Circle your result on the top.

Computer Lab

• On December 17th Mrs. Auger’s class will go to computer lab and compete political survey on the website….

• http://www.isidewith.com/political-quiz

• Which political party do you best identity with today?

Differences• 1.philosophy of government• 2.interpretation of Constitution

• 3.economic interests• 4.perspective on foreign affairs

Causes

• 1. 2 parties can propose different solutions

• 2. Each party nominates candidates

• 3. Political parties become a way of American life

Effects

Main Party Leaders

Federalists vs. Democratic-Republicans

Federalists Democratic-Republicans

Alexander Hamilton, John Adams

Thomas Jefferson, James Madison

Constitutional Views

Federalists vs. Democratic-Republicans

Federalists Democratic-Republicans

“Loose” – should take necessary steps to govern the nation

“Strict” – should only have powers stated in the Constitution

Views on Government

Federalists vs. Democratic-Republicans

Federalists Democratic-Republicans

Favored a strong national government

Favored states’ rights

Views on Foreign Policy

Federalists vs. Democratic-Republicans

Federalists Democratic-Republicans

Pro-British – feared mob rule

Pro-French – sympathized with the want for freedom

Main Supporters

Federalists vs. Democratic-Republicans

Federalists Democratic-Republicans

Merchants and manufacturers (wealthy)

Farmers and skilled craftsmen

Who Should Vote

Federalists vs. Democratic-Republicans

Federalists Democratic-Republicans

Only those who own property (wealthy)

Open to all adult males

• Farmers living west of the Appalachian Mountains often converted their excess grain into whiskey, which was easier to carry over the mountains than bushels of grain

• The new federal whiskey tax imposed by Congress caused great hostility among them

Whiskey Rebellion…

• Farmers in western Pennsylvania refused to pay the tax and threatened tax collectors

• Washington quickly called up the militia to put down the rebellion

• Washington was ready to use force, but the rebel farmers fled before any fighting took place

Whiskey Rebellion…

• Proved the federal government was not afraid to use military force to enforce the law

• The WHISKEY REBELLION tested the will of the new government.

• Washington’s quick response proved to Americans that their new government would act firmly in times of crisis. The President also showed those who disagreed with the government that violence would not be tolerated.

Whiskey Rebellion…

Student Activity

• If you were Washington, what action would you take?

• Choose one and defend your choice. Explain.

• A. Ask Congress to repeal the whiskey tax. • B. Work out a compromise with the farmers,

reducing the tax on whiskey and increasing the tax on imported goods.

• C. Send an army to the area and force farmers to pay the tax.

• Constitution created the Supreme Court but left many things for Congress to decide, such as…• the # of justices• how much power the Supreme

Court would have• creation of the federal court

system

Setting Up the Courts…

• Set up federal courts with the power to reverse state court decisions

• Washington named John Jay as the first Chief Justice

Judiciary Act of 1789

• French farmers and poor – rebelled against King and Queen (who were beheaded)

• French people wanted a constitution with rights — like the US had

• America’s success in the American Revolution influenced the French Revolution

Washington’s Foreign Policy & the French Revolution 1789

• France declared war on Britain in 1793• US was put in an awkward position

• Jefferson – US should help because the French helped us in the American Revolution

• Hamilton – but Britain’s trade was too important to risk for war

Washington’s Foreign Policy & the French Revolution 1789

• Washington issued the Proclamation of Neutrality in April 1793• Stated that US would not get involved in

European affairs

• President Washington refused to help the French against their government• This was a defeat to Jefferson; this along

with other defeats led Jefferson to leave the cabinet

Washington’s Foreign Policy & the French Revolution 1789

• Refused to run 3rd term

• Worried the executive branch would be too powerful

• Followed until 1940 Anyone know which president?

Most Important Precedent…

• Served from 1789-1797• Greatly admired by the American

people• 8 years in office• created national unity• 2nd term – difficult due to

splits in political ideology

Washington Retires

• US should remain neutral dealing with other countries – avoid alliances

• Political differences could weaken the nation – DO NOT split into political parties!

• Avoid national debt

Farewell Advice – AVOID PDA!

“ Tis our true policy to steer clear ofpermanent Alliances, with any portion of theforeign nations … to have them as littlepolitical connection as possible.”

– George WashingtonFarewell Address, 1796

Washington did not oppose foreign trade,but rejected alliances that could drag thenation into war. His advice guided foreignpolicy for many years!

Washington’s Farewell Address

Student writing activity

• Roll dice and multiply your answer times 2. Answer that question from your PINK HISTORICAL CHARACTER CARDS in regards to George Washington.

• Respond in packet.

Adam’s PresidencyPart 2

The Election of 1796

1. The Federalists chose Vice President John Adams as their candidate for president and Charles Pinckney for vice president.2. The Republicans chose Thomas Jefferson as their candidate for president and Aaron Burr for vice president.

The Election of 1796

3. Adams was elected president with 71 electoral votes.4. At that time the person with the second most electoral votes became the vice president, Jefferson received 68 and became Adams vice president.5. This meant the president was from one party and the vice president from another party.

The XYZ Affair

7. Adams sent a delegation to Paris to resolve the dispute.8. Three French agents tried to bribe the U.S. delegates for a peace agreement.9. Adams was furious. 10. Referring to the French agents as X, Y, and Z, Adams urged Congress to prepare for war.

6. The French felt Jay’s Treaty with the British was a threat to France.

Undeclared War with France

11. Congress strengthened the Army and created a Navy.12. Washington led the Army.

13. U.S. and French ships fought several times.14. After two years, peace was finally made between France and the U.S.

STOP• 1. First the class

will read text American Republic, pages 269 (Starting with The Election of 1796) through 270

• 2. Each student will work on “On Set!” writing the story in a form of a movie for the XYZ affair.

Alien and Sedition Acts

• The threat of war made Americans more suspicious of aliens in the U.S.

• In 1798, the Alien and Sedition Acts were passed to protect the nations security.

Alien and Sedition Acts

Three Parts: The Naturalization Act

Required that aliens be residents for 14 years instead of 5 years before they became eligible for citizenship

The Alien ActsA series of laws that allowed the president to imprison aliens or send them out of the country if he considered them a threat

The Sedition ActsMade it a crime to speak, write, or publish “false, scandalous, and malicious” criticisms of the government

The Alien and

Sedition Acts

Why they were passedThe federalist-controlled Congress wanted to:· strengthen the federalgovernment· silence Republican Opposition

Results• Discouraged

immigration and led to some foreigners already in the country to leave.

· Convicted 10 Republican newspaper editors who had criticized the Federalist government.

Reaction· Opposition to the Federalists party began to grow.· Led to movement to

allow states to nullify (overturn) federal laws

Alien and Sedition Acts

The Federalist Party Divided

• The Federalists Party was divided on the issue of war. While they were arguing, Adams lost re-election to Jefferson.

• The Federalist’s also lost the majority in Congress.

• After the election of 1800, the Democratic-Republicans will take control for the 1st time.

End of John Adams’s

Presidency

Election of 1800 of Jefferson ending John Adams’s presidency

• The election results came in and the federalist party will lose control of the Executive Branch

• The Democratic-Republican party will take control of both the Executive Branch and Legislative Branch

Marshall and the Judiciary

• John Adams had passed the Judiciary Act of 1801, and he appointed as many Federalist judges as he could before Jefferson could take office

• Jefferson could not doanything because federaljudges are appointedfor life!

Marbury v. Madison

• Video

• http://www.youtube.com/watch?v=rXwTrArJ1zM

Marbury v. Madison• William Marbury was one

of Adam’s last minute appointments (known as the “Midnight Appointments”). Adams named him as a justice of the peace for the District of Columbia.

• Madison (Jefferson’s secretary of state) refused to give him the job and Marbury sued!

• Adams appointed John Marshall as the Chief Justice of the Supreme Court

• Marshall served as chief justice for over 30 years!

• The Supreme Court heard the case – ruled the law which Marbury sued under was unconstitutional…so he didn’t get the job!

• Although the court denied Marbury’s claim, it did establish the principle of

judicial review• Supreme Court has the

final say in interpretingthe Constitution

• By establishing judicial review, Marshall helped to create a lasting balance among the three branches.

STOP

• Returning due to popular demand! We will be doing the “text message” activity. One of you will be William Marbury and the other John Marshall. William needs to try and convince John Marshall to rule in his favor, and Marshall needs to text back why he won’t.

• In your texts you must include:• 1. 2 points from your notes (PRE-AP must have 3)• 2. Two hashtags that reference points from

notes.

Thomas Jefferson

Part 3

STOP-READING

• History Classes read pages 278-280 over Jefferson’s election

• PRE-AP additionally reads the print out reading over Thomas Jefferson

• Exit question: Who’s side would you chose and why?

DEBATE ACTIVITY

• You will be divided in groups of 5-6 and will be representing either John Adams or Thomas Jefferson in a debate.

• Each group will be given a packet with debate questions/ques. You will each be assigned one of the 6 questions and agree upon a representative to act as Adams or Jefferson.

• Part of your grade is to create banners, “buttons,” bumper stickers, or anything else you can think of to create for your political campaign to hold/wear while your representative is debating.

Architecture

1. Advised the architects on the construction of Washington D.C.

2. designed his home, Monticello

Jefferson lived as he preached

1. walked the two blocks from his boarding house to the Capitol

2. round table for dinners so no one could sit at the head of the table

3. on his tombstone Jefferson chose not to list that he was president of the US!

Undoing Federalist Programs

As a Republican president, he felt it was important to end some of the programs put into place by his Federalist predecessors

1. Alien and Sedition Acts (limited people voices)

2. Taxes – including the Whiskey Tax(Supports Farmers)

3. Cut government employees (small gov’t)

4. Cut the size of the military (small gov’t)

5. Public debt MUST be paid first! (No Debt)

STOP•READ YELLOW COPY ABOUT JEFFERSON’S

ELECTION

Thomas Jefferson

His Legacy

Believed the best government was one that governed least.Jefferson opposed special privileges for wealthy and sympathizes with the farmers

Inaugural Address: …a wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement. And shall not take from the mouth of labor and bread it had earned. This is the sum of good government.

Thomas Jefferson

Think, Pair, ShareWhat did Jefferson see as “good government?”

The Louisiana Purchase & Exploration

The West in 1800• The “West” – area between the

Appalachian Mountains and the Mississippi River

• Thousands of settlers were moving to the region

• Mississippi River was the western border of the US

• Westerners political influence grew as their numbers did

Louisiana Purchase

• Western farmers need to use the Mississippi River and Port of New Orleans to send products to East Coast

• Jefferson tried to rent the use of New Orleans Port from the French

• Napoleon (French leader) would not rent but offered to sell ALL of LA Territory

• Jefferson – Constitution did not say anything about a president’s right to buy land!

• Jefferson was a strict interpreter of the Constitution…BUT supported nation of small independent farmers – that required land!

• April 30, 1803 theLouisiana Purchase wasapproved for $15 million-3 cents per acre!

• The purchase doubledthe size of the US

Lewis and Clark Explore

• Jefferson planned an expedition to explore the Louisiana Territory

• Jefferson chose Captain Meriwether Lewis to lead

• Lieutenant William Clark was selected to oversee the volunteer force – called the Corps of Discovery

• The Corps of Discovery were 40 men – physically fit, experienced outdoorsmen = Lewis and Clark Expedition

Meriwether Lewis

• Well qualified• Expert hunter• Trained by Jefferson

in geography, mineralogy and astronomy

• Kept journals

William Clark

• Skilled mapmaker

• Outdoorsman• Natural leader• Rugged explorer

• Clark’s slave, York, joined them1.He was the first black

man that Indians had ever seen

2.Expert hunting skills

ACTIVITY

• Each student will create an advertisement for support for

the Lewis and Clark Expedition. Include a picture and 2

sentences!• Pre-AP must be a political cartoon

• Lewis and Clark set out in the summer of 1803 from D.C.

• Reached St. Louis by winter-gateway to the West

• The explorers waited there until March 1804 when Louisiana was officially transferred to the United States.

Up the Missouri River

• May 1804 – headed up the Missouri River in 1 shallow-bottomed riverboat and 2 canoes

• President Jefferson hoped they would find a water route across the continent

• The expedition was also to establish good relations with the Native Americans and describe landscape, plants and animals they saw.

• The first afternoon they traveled only 3 miles – boats going against current

• Late October – reached Mandan Indian villages (now North Dakota) and spent the winter with the friendly Mandan

• French-Canadian and British trappers were not happy to see Americans in their fur trapping territory

• Spring 1805- expedition set out again with French trapper, his 17-year-old wife, Sacagawea, and their baby

• Sacagawea was a Shoshone woman whose language skills and knowledge of geography were valuable to the explorers

On to the Pacific• The Lewis and Clark Expedition

stopped at the Great Falls of the Missouri• Ten mile long series of waterfalls

• It took two weeks to get around the falls!• They carried their boats and heavy supplies

• The explorers met with Sacagawea's brother who helped them cross the Rocky Mountains

The Return!• Lewis and Clark will return to St. Louis, Missouri following basically the same route.

• They arrive 3 years and 3 weeks from the time they left!

• Their reports convince many Americans to move into the new U.S. Territory!

VIDEO

• America Story of US-Westward

• Min 1-16 minutes

The War of 1812

Part 4

Causes of the War of 1812

• British arming Natives in the Ohio River Valley

• British impressment of American sailors

•Britain began impressing (kidnapping) American sailors to work on British ships.• 1803-1812, impressed about 6,000 Americans

• The United States military was weak when war began.

•Navy had 16 ships•Army had fewer than 7,000 poorly trained men

•Little equipment• Inexperienced officers

• Battles concentrated around:

-Great Lakes-Washington DC-Louisiana-Mississippi

The Burning of D.C.• British troops marched into city• Dolly Madison (First Lady)gathered

important papers and a portrait of George Washington then fled south

• British troops burned the executive mansion (White House) and the capitol

• The British move and attacked Fort McHenry at Baltimore

STOP

• Students complete “The War of 1812” activity, using descriptive language to explain the impact of the burning of Washington D.C.

• The commander of Fort McHenry requested a large flag so “the British will have no difficulty seeing it!”

• American Flag flew high

• Francis Scott Key detained on a British ship – watched the all-night battle. The next morning, He expressed his pride in what became the national anthem, “The Star-Spangled Banner”

The Americans

The British

Battle of New Orleans

The British prepared to attack New Orleans = cut off Americans trade on the Mississippi

BUT• Andrew Jackson waiting for the

British!• Jackson’s American soldiers and

pirates defeated the Brits

• Jackson’s men dug trenches to defend themselves. British soldiers charged the American trenches. More than 2,000 British fell. Only seven Americans died!

Battle of New OrleansPlay song on youtube.com “Battle of New Orleans”

http://www.youtube.com/watch?v=VL7XS_8qgXM

Song-Battle of New Orleans

• In 1814 we took a little tripAlong with Colonel Jackson down the mighty MississipiWe took a little bacon and we took a little beansAnd we caught the bloody British in a town in New Orleans

• We fired our guns and the British kept a-comin'There wasn't nigh as many as there was a while agoWe fired once more and they begin to runnin'On down the Mississippi to the Gulf of MexicoWe looked down a riverAnd we see'd the British comeAnd there must have been a hundred of'emBeatin' on the drumsThey stepped so highAnd they made their bugles ringWe stood by our cotton balesAnd didn't say a thingWe fired our guns and the British kept a-comin'There wasn't nigh as many as there was a while agoWe fired once more and they begin to runnin'On down the Mississippi to the Gulf of Mexico

Old Hickory said we could take 'em by surpriseIf we didn't fire our muskets'Till we looked 'em in the eyeWe held our fire'Till we see'd their faces wellThen we opened up our squirrel gunsAnd really gave 'em - well weFired our guns and the British kept a-comin'There wasn't nigh as many as there was a while agoWe fired once more and they begin to runnin'On down the Mississippi to the Gulf of MexicoYeah, they ran through the briarsAnd they ran through the bramblesAnd they ran through the bushesWhere the rabbit couldn't goThey ran so fastThat the hounds couldn't catch 'emOn down the Mississippi to the Gulf of MexicoWe fired our cannon 'til the barrel melted downSo we grabbed an alligator and we fought another roundWe filled his head with cannon balls, and powdered his behindAnd when we touched the powder off the gator lost his mindWe fired our guns and the British kept a-comin'There wasn't nigh as many as there was a while agoWe fired once more and they begin to runnin'On down the Mississippi to the Gulf of MexicoYeah, they ran through the briarsAnd they ran through the bramblesAnd they ran through the bushesWhere the rabbit couldn't goThey ran so fastThat the hounds couldn't catch 'emOn down the Mississippi to the Gulf of Mexico

Student Response:

• Write a 4-5 complete sentence summary of the song “The Battle of New Orleans.”

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

• Final, most deadly battle for the British

• Andrew Jackson became a hero.

• The battle took place two weeks after peace treaty signed!

Treaty of Ghent 1814• Ghent, Belgium • Signed December 24, 1814• Ended War 1812• None of the issues causing war

addressed---“Nothing was adjusted, nothing was settled.” return matters as before the war

Americans pride in their country.

• “The people are now more American. They feel and act more as a nation.”

James MonroePart 5

Era of Good Feelings

• Time after War 1812 people not divided over political issues or war

• PATRIOTISM GROWS

MONROE DOCTRINE

• Was issued by President James Monroe in 1823

• Was actually written by his Secretary of State, John Quincy Adams

• Let the world know that the U.S. was now the “protector” of the western hemisphere

Landmark Supreme Court cases that outlined the powers of the Judicial Branch

Part 5

Congress

Supreme Court

President

The Plaintiff:William Marbury

The Defendant:James Madison

The Judge: Chief Justice John

Marshall

The CaseJohn Adams lost to Thomas Jefferson in the Election of 1800.

Before leaving office, Adams appointed his Secretary of State, John Marshall, to Chief

Justice of the Supreme Court. He also appointed 42 other Federalists to judiciary positions using the Judiciary Act of 1801.

Thomas Jefferson

John Adams

Before taking the judgeship, John Marshall was to deliver (inform) the 42 new judges of their appointments. He was able to deliver

only 17. He assumed his successor, James Madison would deliver the rest.

James Madison

James Madison was the new secretary of state, and

President Jefferson told him not to deliver the

appointments.

You’rea judge

William Marbury, an appointee, filed suit (sued)

against James Madison because he did not get his

appointment.

William Marbury, appointee to Justice of the Peace

The Issue

What are the powers of the Supreme Court, especially when

making decisions about the Constitution?

The Decision

Chief Justice John Marshall, declared that Madison should have delivered the

appointment to Marbury, but the Court also argued that the Judiciary Act which Marbury

used to force his appointment was unconstitutional.

1. Judicial Review: The case

established the Supreme Court’s

right to review acts of the President and

Congress and declare them

unconstitutional.

Constitutional SignificanceConstitutional Significance

2. The Supreme Court became the final authority on what the Constitution really means.

“The Constitution is the supreme law of

the land. It is emphatically the duty

of the judicial department

to say what the law is.”

In Marshall’s own words:

3. Judicial review made the Supreme Court an equal partner in the United States government

and an essential player in the system of checks and balances.

PresidentCongress Supreme

Court

M & M

The Plaintiff:James McCulloch

The Defendant:the state of Maryland

The Judge: Chief Justice John Marshall

State banks said the creation of the national banks

presented unfair competition.

Many people opposed the constitutionality of the Bank of the U.S.

In an effort to help state banks, Maryland issued a tax on the U.S. Bank of Baltimore.

No more bank

The chief cashier of the Bank of the U.S., James McCulloch, refused to pay the tax.

Maryland took McCulloch to court in the state court, and the ruling was that McCulloch had to

pay the tax. McCulloch appealed to the Supreme Court.

The Decision

The Supreme Court ruled in favor of McCulloch and the national government.

The Issue

Does the federal government have

the power to create Congress-

chartered institutions such

as the Bank of the United States?

Constitutional SignificanceConstitutional Significance

1. Chief Justice Marshall and the Court ruled that the national

government (Congress) did have the authority to create the national

bank….”necessary and proper clause “.

2. The power of the national government was strengthened. Established the supremacy of federal law and the

ability of Congress to exercise powers needed to carry out its duties

GO: Federal OVER

State

The Plaintiff:Aaron Ogden

The Defendant:Thomas Gibbons

The Judge: Chief Justice John

Marshall

Aaron Ogden was a licensed steamboatoperator who had a monopoly (exclusive

control) on steamboat operations between New York and New Jersey.

Gibbons also operated steamboats between the two states but did not

have a license.

Ogden sued Gibbons to keep him from operating

his unlicensed steamboat.

Ogden won, but Gibbons issued an appeal to the

U.S. Supreme Court.

Article I of the Constitution gives Congress the power to “regulate

commerce with foreign nations, and among the several States……..”

The Issue

Who should regulate commerce (trade) the states or the federal

government?

1. The Supreme Court expanded the

meaning of the definition of commerce to increase the national

government’s power to regulate commerce.

Constitutional SignificanceConstitutional Significance

2. The commerce clause gave the national government has

the authority to control all areas of economic activity in

the United States.

“Architect of the American constitutional system.”

Until John Marshall became the 4th Chief Justice of the Supreme Court, the Court was seen as

having little power, with almost no influence over the other two branches.

PresidentCongress

Supreme Court

In a series of brilliant decisions from 1800-1835, Marshall almost single-handedly gave new power to the Supreme Court.

Marshall established three basic principles that became the foundation of the federal union.

1. The principle of judicial review gave the Supreme Court power to determine if a law was

unconstitutional.

2. The Supreme Court had the power to set aside laws of state legislatures when these laws were

contrary to the federal Constitution.

3. The Supreme Court had the power to reverse the decisions of state courts.

Marshall argued that it is necessary for those interpreting and living under the Constitution to

treat it as a “living” document that can be accommodated to the changing needs of the

American people=”Loose construction”.

STUDENTS COMPLETE 15 QUESTIONS GALLERY

WALK (PINK COPIES)

GALLERY WALK