| The Bank/Tariff Controversy, and States' Rights (1789-1832) |
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Sections:- The Debates over States' Rights
- Antifederalist No. 17
- Judiciary Act of 1789
- Antifederalist No. 22
- Federalist No. 39
- King Andrew
- Veto Message Regarding the Bank of the United States
- Tariff of 1828
- Tariff of 1832
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| Historical Context
At the height of the Tariff Controversy, debates began about the rights of states. Attached Documents
A leading South Carolina newspaper reprinted the inaugural address of Governor Robert Y. Hayne (1791-1839), which presented the state's view of the nullification crisis. One of the main reasons sited is the unwarranted tariffs put into place by Andrew Jackson.
Questions to Consider
1. Do you think, given the context, that South Carolina's fears of the federal governtment were warranted? Why or why not? |
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In opposition to Federal authority Brutus, describes the limitations that the Constitution places on state authority. In particular, he sites that articles one and eight make it clear that there is no need for state governments.
Questions to Consider
1. Brutus uses this paper to lay out his grievances with the Constitution. What exactly are his grievances and how does he use them to support his opposition to the federal government?
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The Judiciary Act of 1789, the first act of Congress, establishes the federal courts system. The Act outlines the jurisdiction and duties of the courts. In particular, section 25, describes the courts jurisdiction and power of final say over all matters, including those of individual states.
Questions to Consider
1. When this Act was established there was a lot of tension between Federalist and Anitfederalists. What affect if any do you think this had on the Act?
2. How did section 25 shape what the court would become?
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| Attached Documents
In the Antifederalist No. 22, Candidus, writes about the alternatives to a federal Constitution. This plan outlines seven suggestions for the Constitution; including judicial power and states' rights.
Questions to Consider
1. What does Candidus say about judicial power?
2. What does Candidus say about states’ rights; particularly in relation to regulation of commerce?
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James Madison shows his support for the federal judiciary in the Federalist No. 39. He describes what constitutes a republican government and it’s components and strengths; including a federal judiciary or as he refers to it a “tribunal.”
Questions to Consider
1. What reasons does James Madison give for supporting a republican government?
2. How does James Madison frame his case for the need of a tribunal?
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| Historical Context
During his two terms in office Andrew Jackson exercised his veto power more than any other President before him. His opponents saw this use as excessive and unwarranted. In 1832 President Jackson vetoed a bill that would have established a second bank of the United States. This bill was seen as a political move on the part of Jackson's opponents. President Jackson strongly opposed a second bank and made his feelings on the sitution well known.
Attached Documents
The cartoon below depicts how supporters of the second bank felt at the time about President Jackson.
Questions to Consider
1. What does Jackson's use of the veto say about him as a President?
2. What do you think this cartoon says about how Jackson was viewed by his opponents?
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In his veto message to the Senate, Andrew Jackson outlines his grievances with the charter of the second bank of the United States. Jackson sites the problems that will arise from investment in the Bank by only 25 people and foreign entities. He is fearful of the political and economic ramifications of a second bank.
Questions to Consider
1. What specific grievances does Andrew Jackson lay out?
2. How does he use these grievances in relation to the Constitution to support his decision?
3. President Jackson feared growth in the number of foreign investors in the bank. What reasons does he lay out for this?
4. Jackson also mentions states' rights several times. What role does he feel the states should have in the bank? And what role does he think the general bank should have over state banks?
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| Historical Context
In 1828, Vice President John C. Calhoun began to differ with Andrew Jackson over the question of states' rights. While Jackson began supporting the federal government vis-a-vis the states, Calhoun took the oppositie view. Attached Documents
When the Tariff of 1828 was imposed, Calhoun was opposed to such an act. He drafted this speech to air his greviances.
Questions to Consider
1. How would this speech have been different if John C. Calhoun had not been Vice President at the time of its delivery?
2. What specifice greivances does he site to support his opposition to the tariff? |
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| Historical Context
In order to keep peace with the South and to prevent succession, in particular that of South Carolina, Andrew Jackson proposed a new tariff. This tariff was slightly lower than that of 1828, but was not low enough to appease the South. South Carolina continued to threaten nullification in response to the two tariffs.
Attached Documents
In this proclamation, Andrew Jackson defends his tariffs and declares nullification illegal.
Questions to Consider
1. What did Andrew Jackson ask Congress to do in order to give him more power over the situation?
2. How did Andrew Jackson defend his decisions?
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