Fauzi 1 Kamil Fauzi #12 Mrs. Capalbo U.S 1H Per. 2 26 April 2012 Chapter 12 Outline I.

The Postwar Upsurge of Nationalism 1815-1824 G. The Uneasy Missouri Compromise 1. Deadlock in Washington Broken 1820 a. Henry Clay played leading role. Congress admit Missouri as slave state. b. Maine (was part of Mass.) admitted as separate state. c. North/South kept @ 12 states each. Remained 15 years d. All future bondage prohibited in remainder of Louisiana Purchase N of line of 36 30 Southern boundary of Missouri 2. Horse-Trading Adjustment Was Politically Evenhanded a. South gained Missouri as unrestricted slave state. North gained concession that congress could forbid slavery in remaining territories. b. Area North of 36 30, except Missouri, closed 2 slavery. c. Restrictions on future slavery in territories not offensive 2 slave-owners b/c Northern prairie land did not seem adapted 2 slave labor & Southern congressmen voted against compromise.

Fauzi 2 3. North/South was Acutely Displeased, Although Neither was Completely Happy a. Missouri Compromise lasted 34 yrs. Vital period in life of young Republic. b. Preserved shaky compact of states. Dispute over slavery heralded future break up of union. c. Souths peculiar institution was issue that could not be ignored. Missouri compromise ducked question did not resolve. 4. Missouri Dispute Proved to be Serious Setback 2 Nationalism & Tremendous Stimulus 2 Sectionalism. a. South began 2 develop nationalism. Needing sectional reinforcement, cast flirtatious eyes upon adolescent West. 5. Hotheads in North/South a. Numbering only tiny minority. Clamored 4 shooting showdown 1820 b. Hostiles postponed. North becoming stronger in pop. Wealth, industry, & transport = military strength. 6. Missouri Solution was a Compromise (Partial Surrender Both Sides) a. Generations tended 2 sneer @ Henry Clay/other architects of settlement. b. Fact should not be overlooked that Compromise/statesmanship Siamese twins. c. Free/peaceful association of once-sovereign states, no group could lord over others, if all going to live together under 1 roof.
d. W/o Compromise = no constitution 1789. Compromise saved Union until 1860. When compromise droke down, Union broke up.

Fauzi 3 7. Missouri Compromise/ Concurrent Panic of 1819 a. Both unhappy events had dampening effect on Era of Good Feelings. Smooth spoken Monroe so popular, and Federalist opposition so weak, in presidential election 1820 received all electoral votes but 1. b. Monroe only pres. In Amer. History 2 be reelected after term in which major financial panic began. H. John Marshall and Judicial Nationalism 1. Upsurging Nationalism of Post-Ghent Years a. Further reflected/strengthened by Supreme Court 2. August Tribunal Dominated by John Marshall a. Served @ Valley Forge during Revolution while suffering from cold/ hunger had been painfully impressed with drawbacks of feeble central authority. b. B4 Marshall mounted supreme bench 1801 Judiciary had been weakest/most timid of 3 arms of federal govt. c. Long b4 end of 34 yr service he made judiciary strongest branch of national govt. 3. Marshalls Formal Legal Schooling Lasted Only 6 Weeks a. Was judicial statesman rather than strictly impartial judge. Examined cases through colored lenses of Federalist philosophy, then undertook to find legal precedents 2 support Hamiltonian conceptions. b. Marshal penned most important decisions even b4 lawyers had concluded arguments.

Fauzi 4 4. Jefferson/successors appointed Republicans to Supreme Court a. Many Republicans came to accept Federalist ideal of strong central govt. & masterful b. Jeffersonians raged, while Jefferson privately condemned twistificatons of his cousin, the crafty chief judge. 5. Ghost of Hamilton spoke through judge a. Marshal ranks as foremost of Molding Fathers. Shared Hamiltons preference 4 propertied class. b. Deplored democratic excesses/opposed manhood suffrage and rule of unwashed masses I. Supreme Court Curbs States Rights 1. Marshalls decision bolstered the power of the federal govt. a. Notable case was McCulloch v. Maryland 1819. Suit involved attempt by state of Maryland to destroy branch of Bank of U.S. by imposing tax on notes. John Marshall declared bank constitutional by invoking Hamiltonian doctrine of implied pwrs. b. Strengthened fdrl authority/slapped @ state infringements when he denied right of Md. 2 tax bank. 2. Marshalls ruling in the case gave doctrine of loose construction a. The constitution derived from consent of the ppl & permitted govt. 2 act 4 their benefit. b. Further argued that constitution intended to endure for ages to come and, consequently, to be adapted to the various crises of human affairs.

Fauzi 5 J.Judicial Dike Against Democratic Excesses 1. Another sheaf of Marshalls decisions bolstered judicial barriers. a. Next legislature canceled crooked transaction. Supreme Court, with Marshall presiding, decreed that legislative grant was contract & Constitution forbids state laws contracts. b. Earliest clear assertion of right of Supreme Court 2 invalidate state laws that conflicted w/federal Constitution 2. Dartmouth College vs Woodward 1819 a. Dartmouth appealed case employing as council most distinguished alumnus Daniel Webster. 3. Marshall Needed No Dramatics in the Dartmouth Case a. Put states firmly in place when ruled original charter must stand. b. Dartmouth case decision had fortunate/unfortunate effect. Safeguarded business enterprise, but created precedent that enabled chartered corporations. 4. Daniel Webster Was Expounding Father a. He left his seat in Senate, stepped downstairs to Supreme Court chamber & expounded federalistic/nationalistic philosophy b4 Supreme bench. b. Chief Justice approvingly drank in familiar arguments as baby sucks in mothers milk.
c. Marshall almost single handedly shaped the Constitution along conservative, centralizing lines that ran counter 2 dominant spirit of new country.

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