I. The Constitution- I. The Constitution- In In PracticePractice

The Constitution was a great The Constitution was a great theoretical model, but what about in theoretical model, but what about in practice? How would it work? practice? How would it work? – ComparisonComparison military generals say that a military generals say that a

battle plan never survives the first 5 min battle plan never survives the first 5 min of a battle of a battle

Early Constitutional problemsEarly Constitutional problems– The power of the Supreme Court The power of the Supreme Court – Federal versus state power Federal versus state power

Judicial Branch

• Under the Constitution, the Judicial Branch was surprisingly weak

•If you have a text handy , check out the article that sets up the Judicial Branch in the Constitution (#3 -- page 92) and the article that sets up the Legislative Branch (#1 -- page 84)

•The Supreme Court had the powers to try arguments between states and cases involving the Federal Gov’t (i.e. Treason)

•Not much power. What is missing? •Checks! Balances!

• The Supreme Court’s first Chief Justice, John Marshall (see pic) interpreted the Constitution as giving the Supreme Court Judicial Review

•Judicial Review = the power to decide whether a law passed by Congress is ‘Constitutional’ •If not, the law is declared ‘unconstitutional’ and is thus not a law •This occurred as the result of a very famous Supreme Court case- Marbury v Madison

Federal versus State PowerFederal versus State Power

There is always a paradox when it There is always a paradox when it comes to this issue. comes to this issue. – Most people favor federal power when it Most people favor federal power when it

benefits them but state power when benefits them but state power when itit is to is to their advantage their advantage

Think about the colonists under EnglandThink about the colonists under England– Happy to have England protect them in the Happy to have England protect them in the

French and Indian War French and Indian War – Unhappy with the Proclamation of 1763, Unhappy with the Proclamation of 1763,

which forbid the colonists to expand which forbid the colonists to expand westward westward

Federal v State Power Debate was Federal v State Power Debate was Compounded by Regional Compounded by Regional

DifferencesDifferences Economics Economics

– North had a diverse economyNorth had a diverse economy Fishing, industry, tradeFishing, industry, trade

– South did not South did not FarmingFarming

As a result, the South was heavily As a result, the South was heavily dependent on slaves and the north dependent on slaves and the north was notwas not– More than 50% of the population in the More than 50% of the population in the

South were slaves South were slaves

Federal v State Power Debate was Federal v State Power Debate was Compounded by Regional Differences Compounded by Regional Differences

(cont.) (cont.) Example- tariffs Example- tariffs

– A tariff is a tax on importsA tariff is a tax on imports– Northerners wanted high tariffs on imported Northerners wanted high tariffs on imported

goods. goods. Why? These goods competed with Northern Why? These goods competed with Northern

industry. industry.

– Southerners wanted low tariffs on imported Southerners wanted low tariffs on imported goods. goods. Why? Because if the U.S. had high tariffs, other Why? Because if the U.S. had high tariffs, other

countries would raise tariffs, and thus countries would raise tariffs, and thus Southerners couldn’t sell their farm produce (e.g. Southerners couldn’t sell their farm produce (e.g. cotton) in other countries cotton) in other countries

Thus, when congress passed high tariffs, Thus, when congress passed high tariffs, the south tried out an idea called the south tried out an idea called ‘nullification’ ‘nullification’ – This said that a state could refuse to follow This said that a state could refuse to follow

(‘nullify’) any federal law it didn’t agree with (‘nullify’) any federal law it didn’t agree with Eventually, a compromise was reached Eventually, a compromise was reached

between north and south, but hopefully between north and south, but hopefully you can see an issue coming which you can see an issue coming which won’t have such an easy resolution? won’t have such an easy resolution? – Slavery itself! Slavery itself!

Federal v State Power Debate was Federal v State Power Debate was Compounded by Regional Differences Compounded by Regional Differences

(cont.) (cont.)

II. Westward ExpansionII. Westward Expansion

Louisiana Purchase- 1803 Louisiana Purchase- 1803 •In 1803 the U.S. bought Louisiana from France (Napoleon) for $15 million

•Doubled U.S.• •Lewis and Clark Exploration

Adams- Onis Treaty- 1819Adams- Onis Treaty- 1819

the U.S. acquired Florida from

Spain

Mexican-American War Mexican-American War 1845-481845-48

In 1840s, the U.S. defeate

d Mexico

and added on the South-

western states

Oregon Territory Gained in Oregon Territory Gained in 1846 1846

Gained in a

treaty with the British to set

the line between British

and U.S. territory (current U.S. –

Canada border)

As Americans expanded Westward, As Americans expanded Westward, they developed the idea that they they developed the idea that they were meant (‘destined’) to spread were meant (‘destined’) to spread from ‘sea to shining sea’from ‘sea to shining sea’

ManifestDestiny

Monroe Doctrine

•U.S. had clearly become the most powerful country in the Western Hemisphere

• President Monroe warned Europeans to stay out of the Americas

• we promised to stay out of affairs of Europe

Westward Expansion Brought With it Numerous Issues/Challenges for Young America

Indian Removal

Act• allowed Federal Government to force Native Americans west

• Americans felt it was necessary to western expansion

•Famous example Trail of Tears •Large group of Native Americans, largely Cherokee, were forced to leave their land in the South eastern U.S. and move to reservations in Oklahoma• during the forced march many 1000s died

III. Westward Expansion repeatedly reopened III. Westward Expansion repeatedly reopened the Federal v State Power Issue the Federal v State Power Issue In particular In particular – – Slavery!Slavery!

Each new state entering the U.S. Each new state entering the U.S. threatened to unbalance the power in threatened to unbalance the power in congress congress – If the state came in as a free state, that If the state came in as a free state, that

state got more senators and state got more senators and representatives for the house representatives for the house

– If a slave state, vice versa If a slave state, vice versa For a period of time, this problem was For a period of time, this problem was

balanced by careful compromises balanced by careful compromises – For example, the For example, the Missouri CompromiseMissouri Compromise

Essentially, the goal of the Essentially, the goal of the compromises was to keep the compromises was to keep the

number of slave and free number of slave and free states equal to balance powerstates equal to balance power

We are beginning to walk a We are beginning to walk a path that will lead to the Civil path that will lead to the Civil

WarWar