OPEN UP YOUR CHROME BOOKS TO SEE ESSAY ASSIGNMENT. CHAPTER 8 SECTION 4

ESSENTIAL QUESTIONS What is nationalism? (review from world history) What challenges did the United States face when trying to unify? Was Chief Justice John Marshall really a nationalist? What evidence do we have to support this answer?

MAP WARM UP

WHAT IS NATIONALISM? Book Definition: Love of one’s country rather than one’s native region Your definition:

TERRITORIAL GROWTH AND SLAVERY

POLITICAL CHALLENGES FACING U.S. NATIONALISTS To what extent does the Necessary and Proper Clause grant a new power to Congress? What does “Proper” mean? How does the interpretation of this clause make unification difficult?

BACKGROUND INFORMATION First National Bank of the United States National Bank, chartered for a term of twenty years, by the United States Congress on February 25, National BankUnited States Congress Establishment of the Bank was championed by Alexander Hamilton, first Secretary of the Treasury.Alexander HamiltonSecretary of the Treasury How did Hamilton gain support for this charter of 20 years? Cut a deal with the South South-Capital was moved to Washington D.C. (NYC for 1 year- then to Philidelphia for 10 years- then to D.C) Northern federalists got all Revolution debts consolidated into a national one and their national bank! In 1816, Congress created the Second Bank of the U.S.. Many Southern States Upset- WHY? REVIEW- What are the ENUMERATED/EXPRESSED Powers granted to Congress? (Article 1- Section 8) LIST ALL 18 Clauses in your own words…

BACKGROUND CONTINUED On February 11, 1818, the General Assembly of Maryland (STATE government) passed an act titled, "an act to impose a tax on all banks, or branches thereof, in the Stateof Maryland, not chartered by the legislature”StateMaryland James William McCulloch, head of the Baltimore Branch of the Second Bank of the United States, refused to pay the tax. The State of Maryland filed a lawsuit against McCulloch….goes to the Supreme Court What Supreme Court Case granted Judicial Review???

1. DOCUMENT READINGS All students will be assigned 2 readings. If your number is 1 you will read documents E and C. If your number is 2, you will read documents D and H. If your number is 3, you will read documents F and B. Write out all answers to questions in your own words! Define words that are underlined!

2. MASTER GROUP Create a Master Group of the same documents! Discuss your responses- Make sure your answers are flawless and in your own words ! To what extent does the Necessary and Proper Clause grant a new power to Congress? What does “Proper” mean?

3. NEW GROUP Form a New Group. Record all answers in your own words! (no need to copy vocabulary) Which level of government is each document in favor of? Based on both perspectives, how should Chief Justice John Marshall rule? WHY

HOMEWORK CHECK: Take out a piece of paper and put your name/date/mod on it For section 2-3 worksheet write down your answers for

MCCULLOCH V. MARYLAND How did Chief Justice John Marshall interpret the following clauses of the Constitution in the unanimous opinion in McCulloch v. Maryland: Commerce Clause, Necessary and Proper Clause, and the Supremacy Clause? National bank is legitimate and appropriate b/c Necessary Proper clause, supremacy clause, and states can NOT tax federal institution. Did the opinion in this case align more with the reasoning of Hamilton or Jefferson? Hamilton

GIBBONS V. OGDEN 1824 Back. ground Aaron Ogden had a license from NY (STATE ) to operate on the state’s waterways (monopoly) Thomas Gibbons had a license from the federal government to operate a steamboat through interstate waterways. Who should hold this power/responsibility? STATE or FED? INFLUENCE of the INDUSTRIAL REVOLUTION (STEAM BOAT)

BARRON V. BALTIMORE Facts of the Case John Barron was co-owner of a profitable wharf in the harbor of Baltimore. As the city developed and expanded, large amounts of sand accumulated in the harbor, depriving Barron of the deep waters which had been the key to his successful business. He sued the city to recover a portion of his financial losses. Question Does the Fifth Amendment (12:51)deny the states as well as the national government the right to take private property for public use without justly compensating the property’s owner?Fifth Amendment Read the 5 th Amendment- Based on the first two court rulings, how do you think Chief Justice John Marshall ruled?

RULING! Question(s) Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property’s owner? Read the 5 th Amendment- Based on the first two court rulings, how do you think Chief Justice John Marshall ruled? NO! The Court announced its decision in this case without even hearing the arguments of the City of Baltimore. Writing for the unanimous Court, Chief Justice Marshall found that the limitations on government articulated in the Fifth Amendment were specifically intended to limit the powers of the national government. Citing the intent of the framers and the development of the Bill of Rights as an exclusive check on the government in Washington D.C., Marshall argued that the Supreme Court had no jurisdiction in this case since the Fifth Amendment was not applicable to the states.

SELECTIVE INCORPORATION The case by case process by which liberties listed in the Bill of Rights have been applied to the states using the Due Process Clause of the 14 th Amendment. 13 th 14 th 15 th

ESSENTIAL QUESTION Based on the Supreme Court Cases we have studied, was Marshall a Federalist or really a nationalist trying to “preserve the union”?