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Thursday, April 11, 2013

Judicial Nationalism/Missouri Crisis Study Notes

1.What is Judicial Nationalism? Identify three decisions that promulgated this concept.

-the muster up court delivered three landmark decisions that strengthened the world power of the discipline goernment (Judicial Nationalism)-Dartmouth v. Woodward ( tailor)-Dartmouth insisted that the charter was in fact a contract, protect under Article VI of the constitution --> court rule in Dartmouth?s favor-political amongst the Board of Trustees ruling Dartmouth ? they hope to turn Dartmouth into a State University (then the legislators would remove control over Dartmouth)-comes at a time when the deliverance is changing ? questions of contract and the sanctity of the law are becoming important-has significant implications for agreements between individuals-the Supreme Court can resolve disputes-McCulloch v. Maryland (national bank)- somewhat the jiffy Bank of the United States-federal government was superior to the expresss-the states could not have the power to tax the creations of the federal government-state legislators were not necessarily blessed with the national bank-state banks --> then branches of the national bank in all(prenominal) major state-in Maryland state legislators want the state banks to enlarge over the branch of the national bank --> don?t want people to put their money in there-tax financial transactions at the branch of the national bank in Maryland (Baltimore)-the national bank sues the state of Maryland --> the state has no authority to tax the national bank-not only does marshall rule that Maryland --> wants to rule about the legality of the national bank ? goes on to say that it is constitutional and that under phrase 1 section 8 congress does have the right wing to create a national bank-Gibbons v. Ogden (Interstate Commerce)-concerned a ferry boat monopoly --> boat going between NJ and NY-Thomas Gibbons had obtained a federal independence --> where an action of a state conflicted with an action of the federal government ? federal power takes precedence-rules that if intrastate --> state government has the power to regulate such commerce and interstate --> federal government2.What was the panic of 1819?-credit began to dry up and the value of paper money fell-country was propel into a sharp depression -->commodity prices crashed-the cotton market went vogue down-businesses began to fail -->many people lost their jobs3.

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Identify and discuss the significance of the moment Compromise.

-thinking about the issue in ways they wouldn?t before-this is likely because there is only one official caller (the National-Republican Party)-->not party loyalty but regional loyalty-becomes more important about where they are from --> slaveholders ? slaves are very important to the political economy of their respective states-11 free states and 11 slave states --> balance is instantly going to be shifted toward southern interest-Missouri applied for permission to arise as a state-admission of Missouri would give the slave states mastery in sectional disputes-allowed Missouri to enter when Maine applied for statehood as a free state → Missouri must never deny constitutional protection to free African Americans-now in balance --> 12 free states and 12 slave states-gave up Missouri -->called the ?great American desert?-cotton plantations could not expand there ? not much fertile soilBibliography:Making a Nation (textbook)

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