The 2nd War for

Independence & the

Upsurge of Nationalism

1812-1824

American Pageant Chapter 12—

part 2

John Marshal and Judicial

Nationalism• John Marshall—lasting impact

– Supreme Court Chief Justice

– Ardent nationalist (Federalist party)

– Loose Construction

• McCulloch v. Maryland (1819)– Maryland tries to tax Bank of U.S. (to

destroy it)

– Outcome: • Bank is Constitutional: “Implied powers”

• States cannot tax federal institutions– “The power to tax is the power to destroy”

John Marshal and Judicial

Nationalism• Cohens v. Virginia (1821)

– Cohens found guilty in VA courts for illegally selling lottery tickets

– Established the right of the S.C. to review state court decisions

John Marshal and Judicial

Nationalism• Gibbons v. Ogden (1824)

– New York tried to grant a monopoly of water travel between NJ to a private company

– Constitution gives sole power of regulating interstate commerce to Federal Government

John Marshal and

Democratic Excesses• Fletcher v. Peck (1810)

– Yazoo land fraud—GA congress canceled the crooked transaction

– S.C. ruled that Constitution forbids state laws “impairing contracts”

– Invalidated a state law that violates the constitution

John Marshal and

Democratic Excesses• Dartmouth College v. Woodward (1819)

– New Hampshire tried to change charter of college established by King George III

– S.C. ruled that states cannot encroach on contracts

• Daniel Webster– Federalist Senator who frequently argued

in front of S.C.

– Same views as John Marshall

Sharing Oregon & Acquiring

Florida• Treaty of 1818 w/Britain

– John Quincy Adams

– Fixed northern limits of LA

• 49th parallel

– 10 year joint occupation of OR

Sharing Oregon & Acquiring

Florida• West Florida

– Andrew Jackson—exceeded instructions

– Pretext—Seminole Indian & escaped slaves attacks

– In process seized 2 Spanish Forts

– Florida Purchase Treaty of 1819 or Adams-Onis Treaty

• Spain yielded Florida

• U.S. gave up claims to Texas

The Menace of Monarch in

America• After Napoleon—restored monarchs

– Keep world “safe from democracy”

– U.S. Concerns—Spanish America & Russia ―extending it’s boundaries‖

• Great Britain—want to keep ports w/new republics in Latin America

• George Canning—British Foreign Secretary– Wants U.S. & Britain to issue joint

statement against Europe in S. America

Monroe & His Doctrine

• Americans issue independent statement

• Monroe Doctrine (1823):

– European powers

• Noncolonization

• Nonintervention

– Era of colonization & intervention had ended in this hemisphere

Monroe’s Doctrine

Appraised• European monarchs—angered

• U.S.:– Self protection & nationalism

– Too weak to enforce w/o backing of British Navy

– Latin Americans—few knew of it

– Illusion of isolationism

– Wasn’t revived until Pres. Polk

• Russo-American Treaty of 1824– 54º 40’—limits of Russian territory