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UNLV / History / HIS 100.1001-1009 / What forms did the federal-state question take after 1791?

What forms did the federal-state question take after 1791?

What forms did the federal-state question take after 1791?

Description

School: University of Nevada - Las Vegas
Department: History
Course: Constitutions and their breakdown: United States & Germany
Professor: Colin loader
Term: Fall 2019
Tags: history, History100, and HIstory100.1001
Cost: 25
Name: HIST 100.1001-1009 Week 3 Notes (9/16-9/18)
Description: These notes cover the Second transformation and big cases
Uploaded: 09/20/2019
4 Pages 9 Views 8 Unlocks
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 D. Framers justified a whole new system of government


What forms did the federal-state question take after 1791?



1. Federalist #40: "[The Convention] must have borne in mind that as the plan to be framed and  proposed was to be submitted to the people themselves, the disapprobation [disapproval] of this supreme authority would destroy it forever; its approbation blot out antecedent errors and irregularities." [Emphasis in the original]

THE US CONSTITUTION: THE SECOND TRANSFORMATION (1791-1870) I. WHAT FORMS DID THE FEDERAL-STATE QUESTION TAKE AFTER 1791?

Alexander Hamilton was an aide to george Washington

 A. Alexander Hamilton’s program

1. Stabilize national debt If you want to learn more check out andrew zimmerman uf

2. Raise revenues through tariffs and excise taxes: Designated taxes on certain items like Whiskey  3. Create First National Bank :[Bank of the United States, that could make loans to the government] - He decided to pay off the foreign debt first


What is alexander hamilton’s program?



- The individual states owed money as well along with the nation  

 B. Opposition of Jefferson and Madison  

1. Thought that the national bank would give too much power to the elites.  

2. Hamilton said it wouldn’t give to much power because of the elastic clause

3. Government can create a bank to help the welfare of the nation  

4. Maddison decides to side with Jefferson  

5. The two were defending the rural America

6. A strong national government = Federalist

7. Stronger state government = Anti-federalist

 C. Whiskey Rebellion  

1. A crowd in penn was attacked by citizens for collection tax on whiskey  

2. They covered him in tar and feathers, which started protest and rebellion  


What is whiskey rebellion?



We also discuss several other topics like psych1002

3. Many buildings were burned, so Washington was sent to stop the rebellion  

4. in1796, Washington decided not to run a third term

 D. Political parties and the election of 1800  

Adams vs. Jefferson in presidential election  

1. Alien and Sedition Acts (1798)

a. Alien act: authorized the government to deport immigrants who they thought were dangerous (Irish and French)

b. Sedition act: allowed to take people to jail who targeted against federal people c. Matthew Lyon published an article on John Adams If you want to learn more check out intergovernamentalism

d. They were disloyal to tge country because they had different ideas to run the government e. They were known as Jeffersonians. Jeffersonians decided to take the election in their own  hands

2. Jefferson won election  

- Adams withdrew himself in the race because he wanted to give what the people wanted  - Louisiana Purchase 1803: Federalist said it was unconstitutional

3. Significance of 12 th Amendment (1804)

 E. “Constitutional Hardball”

1. Rules and norms

a. Rules: are the rules that are actually written down be followed?

b. Norms: If the norms are said aloud and not written, are people expected to follow them? 2. Gerrymander

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3. Filibuster

a. Hold: put an issue on hold until it can be resolved  

b. Two track system: stopping a “train” on one track and letting the other track run smoothly  c. Byrd rule: reconciliation  If you want to learn more check out psu d2l
Don't forget about the age old question of which of the following phases or processes in the monthly reproductive cycle of the female occur simultaneously?

 F. Marshall Court established federal judicial review

1. Madison: "A law violating a constitution established by the people themselves would be considered by the judges as null and void"

2. Marbury v. Madison (1803)

3. McCullough v. Maryland (1819):

a. does the state of Maryland have the right to tax, and the answer if no  

4. Court supported Federalists

5. Missouri Compromise (1820)

a. Where there will be no slavery in the unorganized territory, however there will be slavery  in Missouri

 G. Andrew Jackson elected President in 1824  

I. Should states have more power or less

A. Jackson’s view of states rights: In Tennessee for example, the government should not interfere in the states decisions We also discuss several other topics like d2l ua

1. New Democratic Party  

2. Theory of " state rights”

3. Barron v. Baltimore (1833)

a. John Barron had a warf that had boats come drop off supplies-- which made him money  b. His business started to go down because sailers weren’t able to dock due to a lot of sand  c. He sued Baltimore because “it’s their job to drench the river to make a way for boats to  dock”

4. Nullification Crisis

a. Tariffs raises prices on imported goods. Jackson supported Tariffs; The VP opposed the tariffs

b. John C. Calhoun  

c. “South Carolina doesn’t want to pay, then we’ll send troops to take the money”  H. Roger Taney succeeded Marshall as Chief Justice (1835)

I. The Taney court accepted the democratic theory  

1. Democratic theory of state rights

2. Constitutional crisis over slavery in 1850s (This only lasted for 4 years)

a. Kansas-Nebraska Act (1854)

- Bleeding Kansas: between Kansas and Missouri

- Some believed slavery was right, some didn’t

b. Formation of the Republican Party  

c. Dred Scott v. Sandford (1857)

- Scott said “because I lived in Illinois for a number of years, I am a free man” - The court had four men who were slave owners

- Slavery was protected by the fifth amendment. They viewed slaves as property  - Congress can’t create a law to stop slavery  

----------------------------------------------------------------------------------------------- ended monday  3. Republicans (Abraham Lincoln) won the presidency in 1860  

He won majority votes

what he does during his presidency  

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- conscription  

- suspend habeas corpus

- reconstruct governments

- greenbacks legal

- restored the national bank  

- college land grant

- grants to improve transportation and a huge transportation was railroads - homestead Act: which grants acres to anyone who is willing to grow and sell their crops

II. HOW DID THE CIVIL WAR RESOLVE THE FEDERAL-STATE QUESTION? 9/18/2019 slavery was the second way to recieve income during this time

 A. Republican leadership largely from former territories

 B. Lincoln claimed "war powers" of Constitution  

 C. Emancipation Proclamation (1863)

- which freed all slaves behind enemies lines

 D. Gettysburg Address (1863)

- “four score and seven years ago….”

- he's talking about the nation not the states

- he identifies the people with the nation, not with the states

 E. 1865 — war over; Lincoln assassinated  

- Southern states surrender in april

 F. 13 th Amendment

- ended slavery  

- this amendment changed the constitution  

 G. Reconstruction and re-admittance

1. Andrew Johnson  

a. Black Codes

-remove basic right to these free slaves

- congress tried to intervene but jackson said they are not allowed to stand up for the slaves 2. Civil Rights Act (1866)

- eliminated the black codes

- johnson claims that the act was unconstitutional

 H. 14 th Amendment

- pay close attention to section 1 in the CR

- it applies the basic rights in the bill of right to state governments

- john bingham: was the author of the 14th amendment, member of Congress 1. Reconstruction Acts

- Make them and everyone else in the states a citizen  

- they impeached Jonhson  

 I. 15 th Amendment

- the free slaves have a right to vote

III. HOW DID THESE AMENDMENTS TRANSFORM THE BILL OF RIGHTS?

 A. Less institutional (collective) and more individual

- bill of rights did not apply to the state governments but to the federal governments  B. 1st A - Zenger versus Douglass

- Zenger before the revolution, was on trial because of false information.  7

- the fate was in the jury of his choosing and they acquitted him

- Douglass; 8 years before the civil war

- he wrote about the distrought of African -american males and the mistreat against them - if Zenger can write on behalf of that state and people, does DOuglass have those same rights 1. Texas v. Johnson 1968  

- First amendment: right of free speech and  

- wrote as political rights

- the state of Texas passed a law that it is a crime to burn the USA flag  

- “burning a flag is a form of expression” it is protected speech under the first amendment 2. NEA v. Findley  

 C. Military A's

1. “Forgotten Amendments” – collective right accepted  

2. National Firearms Act (1934)

3. U.S. v Miller (1939)

4. Change in NRA (1977)

- National Rifle Association  

- Brady Bill= handgun sale registration 1993  

- 1994: assault weapon ban ( 10 year law and was not renewed)

- 2004: assault weapons ban expire

5. Heller v. District of Columbia (2008)

- “ I need it for self-defense” and the court agreed with him

6. Mcdonald v. City of Chicago  

 D. Policing and trials A's – 4 th through 8 th 

1. Miranda v. Arizona (1966)

- confessed to kidnapping and rape but was not told he had rights to counsel

2. Gideon v. Wainwright (1961)

- was charged with burglary  

- couldn’t afford a lawyer

- state told him they can’t provided him witha lawyer because it's not a federal case - right to counsel even if it is not a federal case

---------------------------------------- end 9/18/19

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