I. The Constitution- In Practice The Constitution was a great theoretical model, but what about in practice? How would it work? The Constitution was a great theoretical model, but what about in practice? How would it work? –Comparison  military generals say that a battle plan never survives the first 5 min of a battle Early Constitutional problems Early Constitutional problems –The power of the Supreme Court –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 Power There is always a paradox when it comes to this issue. There is always a paradox when it comes to this issue. –Most people favor federal power when it benefits them but state power when it is to their advantage Think about the colonists under England Think about the colonists under England –Happy to have England protect them in the French and Indian War –Unhappy with the Proclamation of 1763, which forbid the colonists to expand westward

Federal v State Power Debate was Compounded by Regional Differences Economics Economics –North had a diverse economy  Fishing, industry, trade –South did not  Farming As a result, the South was heavily dependent on slaves and the north was not As a result, the South was heavily dependent on slaves and the north was not –More than 50% of the population in the South were slaves

Federal v State Power Debate was Compounded by Regional Differences (cont.) Example- tariffs Example- tariffs –A tariff is a tax on imports –Northerners wanted high tariffs on imported goods.  Why? These goods competed with Northern industry. –Southerners wanted low tariffs on imported goods.  Why? Because if the U.S. had high tariffs, other countries would raise tariffs, and thus Southerners couldn’t sell their farm produce (e.g. cotton) in other countries

Thus, when congress passed high tariffs, the south tried out an idea called ‘nullification’ Thus, when congress passed high tariffs, the south tried out an idea called ‘nullification’ –This said that a state could refuse to follow (‘nullify’) any federal law it didn’t agree with Eventually, a compromise was reached between north and south, but hopefully you can see an issue coming which won’t have such an easy resolution? Eventually, a compromise was reached between north and south, but hopefully you can see an issue coming which won’t have such an easy resolution? –Slavery itself! Federal v State Power Debate was Compounded by Regional Differences (cont.)

II. Westward Expansion

Louisiana Purchase In 1803 the U.S. bought Louisiana from France (Napoleon) for $15 million Doubled U.S. Lewis and Clark Exploration

Adams- Onis Treaty the U.S. acquired Florida from Spain

Mexican-American War In 1840s, the U.S. defeated Mexico and added on the South- western states

Oregon Territory Gained in 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, they developed the idea that they were meant (‘destined’) to spread from ‘sea to shining sea’ As Americans expanded Westward, they developed the idea that they were meant (‘destined’) to spread from ‘sea to shining sea’ Manifest Destiny

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 the Federal v State Power Issue  In particular – Slavery! Each new state entering the U.S. threatened to unbalance the power in congress Each new state entering the U.S. threatened to unbalance the power in congress –If the state came in as a free state, that state got more senators and representatives for the house –If a slave state, vice versa For a period of time, this problem was balanced by careful compromises For a period of time, this problem was balanced by careful compromises –For example, the Missouri Compromise

Essentially, the goal of the compromises was to keep the number of slave and free states equal to balance power

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