Constitutional History and Law: Exam 1

Marshall and the Court: 1. Marshall wants the court to be _____________. 2. Marshall changes the way judges do business by insisting on ________. 3. Marshall's belief in a strong national government may be traced back to his time ______ when ______________________. 4. state legislatures posed a danger for Marshal because they _____________________. Fletcher v. Peck: 5. In the 1790s the state of Georgia was in desperate need of money and so the state legislature decided to sell land for ______ an acre. 6. Georgians elect a new legislature in order to _____________. 7. The problem with the plan outlined above was that the land _________________. 8. Marshall believed that the right to _____________ was a God-given right, and he believed that state legislatures could not be allowed to _______________. 9. In its decision, the USSC utilized the __________ clause of the constitution for the first time, and ruled that no state could retroactively __________ a private contract.

1. free from the presence of politics 2. opinions, unanimous decisions 3. in the Revolutionary War General George Washington couldn't get provisions, Continental Congress no help to get states to give supplies, soldiers, etc. 4. too likely to be swayed by the people 5. 1.5 cents 6. repeal the sale of the land 7. was already in the hands of 2nd 3rd, and 4th parties 8. acquire and possess private property, void private contracts 9. contract, invalidate

McCulluch v. Maryland: 10. _______ and ________ were 2 states where we found sheer hatred of the Bank of the United States. 11. At issue in the case was whether the ________ or the ________ was dominant. 12. According to Marshall, the power to tax is the power to _________. 13. Most important item at issue in the McCulluch case? 14. After the McCulluch decision, Marshall's fellow Virginian's saw him as a ________. 15. Jackson appointed _____ new justices, all of who believed in _________. Worcester v. Georgia: 16. With this decisions, it became clear that judicial power extends only as far as the ______________. 17. Near the end of his life, Marshall feared the country would ________.

10. Maryland, Ohio 11. govt. of the states, federal govt. 12. destroy 13. congress have the right to est. a bank 14. traitor 15. 5, state rights and slavery 16. executive is willing to enforce it 17. fall apart,

Chapter 2: "The Exigencies of the Union": --The Constitutional Convention meets in ____; James Madison and the Virginia Plan -American colonies won their independence from Britain in 1783 -13 original American colonies acted more like quarreling European principalities than like "_____ _____" with common purposes in the beginning --didn't want a national government so the Confederation was weak, divided, and unable to resolve conflicts between warring interests and regions -Well before the 1787 meeting in Philadelphia, leaders of the emerging "_______" bloc in politics began to criticize the ineffective Confederation and to call for revision of the Articles "The Exigencies of the Union" Chapter 2 - Class Notes: -The Articles of Confederation --From 1781-1787, the United States operated under a system of government known as a ________ --A confederation consists of a loose association of subnational entities that's more a "firm league of friendship" than a real nation --The AoC were drafted in reaction to the unitary government of _____ --Under the AoC, congress had authority over foreign affairs, possessed the power to make treaties and to make war - and that was about all ---Congress consisted of just one chamber where each state possessed one vote ---No executive, no judiciary ---No provisions for a national currency ---No means to regulate interstate commerce ---The central government had no way to collect revenue, as states could only be asked to send money - large national debt ---No means to amend the articles outside of unanimity

1787, United States, Federalist, confederation, Britain

Chapter 6: "The Plot Thickens Fast": -Governor John Hancock stayed home (claimed gout), but after the suggestion was made that upon passage amendments might be brought to the constitution, Hancock hobbled in with nine proposals, including all powers not expressly delegated by the aforesaid Constitution are reserved to the several states...(63) -This was enough to get _____ onboard, and the Constitution was endorsed by Massachusetts -Connecticut, Maryland and South Carolina ratify by May 1788 -This meant that just one more state needed to ratify - the vote came down to Virginia --Washington wanted his home state to put the Constitution over the top --Other supporters were James Madison and a young John Marshall (future USSC Chief Justice) --Anti-Federalists fielded individuals like George Mason, Edmund Randolph, and Patrick Henry -Henry went on for hours in his criticism of the lack of a Bill of Rights --"The rights of conscience, trial by jury, liberty of the press...all pretensions to human rights and privileges are rendered insecure, if not lost..." (65) -James Madison, sitting through Henry's tirade conferred with Randolph and proposed a compromise - _____ the constitution and you'll get the bill of rights by amendment -Randolph defects / Henry rage / Randolph compared Henry to Lucifer, Henry challenged Randolph to a duel -Virginia voted yea, but Henry wins in the end as Virginia demanded a _____ _____ _____ -Federalists in NY were led by the able Alexander Hamilton --Postponed debate until ratification was already taken care of, but w/o ____ ______ there could be no constitution --Hamilton, Madison and John Jay published 85 essays in favor of ratification in NY newspapers under the name _______ -Anti-Federalists won the addition of an amendment providing that "no person" could be deprived of "life, liberty, or property but by due process of law" (68) -Hold-outs --North Carolina Voted to reject the constitution in August 1788 / ratified a year later --Rhode Island finally ratified in May 1790

Adams, support, Bill of Rights, New York, Publius

Chapter 9: "To Say What the Law Is": Adams and the Court -_______ ______ named to the bench --Washington's favorite nephew --Had a lot of debt and he needed a job --Worked closely with the future chief justice -______ ______ --Strong federalist but contributed little -_____ ______- Adams' Secretary of State - would serve w/ distinction for over a third of a century _____ ______ -Born in a log cabin on the Virginia frontier -Almost no formal schooling -Among the first to enlist in Washington's Continental Army -Attended law lectures for six weeks -Elected to Congress as a Federalist -Another celebrated justice, Oliver Wendell Holmes, once wrote that Marshall's greatest achievement was simply "____ ____" (Randall 84-85) Adams takes away and adds... -At this point in time, inaugurations were held in March so that electors would have time to meet and to cast their ballots, even in the wake of severe winter weather -Adams and the lame duck congress took advantage of this fact, passing legislation to decrease the size of the Court, thus removing an opportunity for Jefferson to name a new justice -However, Adams called for the creation of 26 new judgeships in the federal circuit and 45 justice-of-the-peace positions --Decrease work for Supreme Court? Maybe --Increase the number of Federalist judges? ________!

Bushrod Washington, Alfred Moore, John Marshall, John Marshall, being there, Definitely

What was significant about the Compromise of 1850 and the Kansas Nebraska Act? Scott v. Sanford -As Scott was taken to a free state and a free territory, he argued that he fell under the dictum __________. Why did Scott have to say that Mrs. Emerson had held him against his will? _________ Taney ruled that African Americans ___________ and that it was their responsibility to prove that ______________________. Taney also ruled that owners could ____________ and that congress did not ________________. Be ready to compare and contrast primary, secondary, and tertiary sources. How might an old source be both primary and secondary? What are the ways in which one can evaluate primary and secondary sources? Online Sources?

CA becoming a free state, South let that but slaves return back from North Debate on slave/free state, individual state issue once free always free beefed up idea that he was free were not citizens the framers wanted African Americans to be citizens take their slaves wherever they wanted to have authority to keep slavery out of the territories Really old - old interviews/letters, old doesn't mean primary who are authors, who is audience, perspective .gov, .edu, don't use old sources

Chapter 8: "The Court is Now Sitting": -First real case? _______ v. ______ 1792 --Alexander Chisholm (SC) files suit against GA --Chisholm was acting as the executor for the Robert Farquhar estate which had sold uniforms to GA - GA didn't pay its bill --The AG - Edmund Randolph - argued for Chisholm --Looking for $70,000 --GA responded that as a sovereign state it could not be sued by a citizen from another state, but in a 4-1 ruling the court decreed that Article III Section 2, Clause 1 suggested that this was not so --Not liking this at all, several state legislatures filed protests with congress, culminating in the 11th Amendment, which provided that the "judicial power of the US" did not extend to suits "against one of the US by citizens of another State" (95) ---This action chastened the Court for the next 10 years -Madison the man we now honor as "the ______ of the Bill of Rights," argued strenuously against Lee's motion and prevailed. Chapter 9: "To Say What the Law Is": --Congress passes the Sedition Act; Chief Justice John Marshall and judicial power -As Washington enters his second term --The status of the Court was pretty low ---Ignored by _______ ---Ignored by the general _____ --But, the justices trundled on ---In 1793 _____ ______ is named to the bench. Proved to be a workhorse who supported the Federalist cause ---Washington also appointed _____ _____ ----A delegate to the Continental Congress, a signer of the Declaration of Independence, strong supporter of Washington ----Chase was a hard drinker and a man who once tried to corner the flour market

Chisholm v. Georgia, Father, politicians, public, William Paterson, Samuel Chase

Chapter 7: "The Nauseous Project of Amendments": --The First Congress debates a bill of rights; the states ratify the first ten amendments -An interesting shift took place at the first congress --Federalists in the new Congress who had deprecated the need to declare the "rights" of the people now pushed for limits on their own powers --Antifederalists who had insisted on a bill of rights to protect the people against legislative "tyranny" suddenly turned around and claimed that ______ had more pressing business (71) --The First Congress convened in NY in April 1789, w/ Madison being tasked with sifting through some 200 proposed amendments --Finding the job unwieldy, Madison deleted the duplicated and worked only with those amendments that had been proposed in at least four states - that got the stack down to ____ --When Madison rose to address the House chamber in June 1789, he faced a body where die-hard anti-Federalists were planning to convene a second constitutional convention and return to governance under the Articles --In his three hour speech, Madison ---Admitted that many were dissatisfied with the current document, but he resented the notion that it would give rise to an oppressive federal government ---But, a Bill of Rights would calm the public -_______ proposed the following --That people have the right to change their government when they find it "adverse" to their interests --Small states should have two representatives in congress --Increases in congressional salaries should not go into effect before an intervening election --Religious rights should be guaranteed --The right to speak --Freedom of the press --Peaceable assembly --Keep and bear arms / well-regulated militia --No one should be compelled to fulfill military service if it is in violation of their religion --No quartering of soldiers in private homes --Cannot be deprived of life, liberty, or property w/o due process of law --Protection against excessive bail and excessive fines --Security from unreasonable searches and seizures --Impartial jury --Powers not delegated by this Constitution are reserved to the States/people

Congress, 22, Madison

Chapter 3: "Dishonorable to the National Character" - Class Notes: -_______ may --Borrow $ and collect taxes --Regulated trade w/ other nations and w/ Native American tribes --Est. laws related to immigration --Est. laws related to bankruptcy --Coin $ and punish counterfeiters --Est. a system of measurements --Est. post offices and post roads --Provide for copyrights and patents --Declare war -Further debate focused on --The removal of the president --The Virginia plan provided for removal of the president for "treason and bribery" --Mason suggested adding the word "________", but Madison pointed out that this was a term too difficult to define --"Maladministration" was replaced with "high crimes and misdemeanors", a phrase little better that maladministration (28) -Other Options - William Paterson's _____ _____ Plan (big opponent to the Virginia Plan) --Had only disdain for "the people" themselves - at least those w/o property --Believed that "good breeding" helped create "true gentlemen" who ought to be in charge of governing the masses --Paterson and slavery? He could regard negro slaves in no light but as property. They have no free agents, have no personal liberty, no faculty of acquiring property, but on the contrary are themselves property (30)

Congress, maladministration, New Jersey

What did John Winthrop have to say about Native American land claims? Also, Winthrop saw America as a city _______________. In the colonies, the right to arms was often linked to _______________. In the Articles of Confederation -Was more a ______________ than a real nation -Drafted in reaction to the ________ government of Britain. -We find a congress with power to _______, _______, and go to ______. -Did we find provisions for a one or two chamber congress? ______ -Did we see proportional representation? ____ If not, what type of representation had we? ______ -Was there an executive or a judicial branch? _____ -What sort of plan had we for a common currency, the control of interstate commerce, or the collection of revenue by the central government? _______ -How could the Articles be amended? _______ James Madison was convinced that the central government had to possess authority over the ________.

Didn't exist, North America was a blank slate as they didn't develop land and didn't want it on the hill the responsibility to defend the colonies league of friendship, unitary, foreign affairs, make treaties, got to war, one chamber, no, one state -> one vote, No, none, yes but had to be unanimous states

"Morally Sinful by the Word of God" Chapter One - Class Notes: -The Colonists brought w/ them --_____ law, but the English legal system couldn't be transplanted in the colonies, ad the social context was different ---Peasants weren't tied to limited amounts of land and so ______ had the power to bargain with their employers ---In the colonies most of the justices knew the individuals who came before them, and rarely threw the full weight of the law against them --Most of the colonists had the right to be represented by an ______ - a luxury not enjoyed by English defendants until 1836 --And they enjoyed trials by jury, a right usually dismissed in England ---Juries helped to ensure fair trials, but they also helped guard against excessive punishments - even to the point of ignoring the law ----In a 1771 case, John Adams instructed a jury to find their verdict according to his own best understanding, judgment and conscience, tho in direct opposition to the direction of the court -Law in the Colonies --Plymouth Colony - set in place its first legal code in _____ --Massachusetts Bay Colony - enacted its _____ ____ _____ in 1641 ---No punishments were to be administered outside of law ---No double jeopardy ---No cruel and unusual punishment --But the Body of Liberties also drew upon the harsh words of John Calvin who wrote "God hath put the sword into the hands of magistrates to suppress cries against... the law of God" --The Body of Liberties were patterned after Mosaic Law, or the law of the _____ ______ ---Capital crimes included idolatry - If any man after legal conviction shall have or worship any other god, but the lord god, he shall be put to death ---Witchcraft - If any man or woman be a witch...they shall be put to death ---Bestiality, same sex relationships, and adultery --This looks like some hard law, but it was actually much more forgiving than what was found in Britain, where one found over a hundred crimes that were punishable by death

English, laborers, attorney, 1636, Body of Liberties, Old Testament

Chapter 8: "The Court is Now Sitting": --Establishing the Supreme Court; its first sessions and members -The US Justice System: A Very Short History --The US system of justice is one that is based largely upon _____ legal tradition --Before the end of the first millennium, disputes were adjudicated according to local custom, but after the Norman invasion, the English developed a common legal standard The Curiae Regis or the King's Courts -The King's Courts --Why do we care? ---Decisions were recorded in yearbooks ---When new cases came before the court, the records of prior decisions were consulted ----Est. the concept of ____ ____ - to stand on decided cases - precedent ---Acting upon precedent became the cornerstone of the English, and the later American judiciary -The Courts in the Colonies --By 1629, the Massachusetts Bay Colony had established its own court system, and its jurisdiction involved "tryalls of life, limm, or banishment" --Pennsylvania was utilizing "common peacemakers" to adjudicate disputes --By 1776, all of the colonies had fully functioning _____ -The US _______ --Calls for the establishment of the Supreme Court, and --Such inferior courts as the Congress may from time to time ordain and establish -USSC --On its first day - February 1, 1790 - only three of the six justices bothered to show up, and so no business was conducted, but the next day a fourth jurist appeared, ensuring a quorum --No one appeared with business for the court, and so the justices busied themselves drafting rules -Who were the justices? --________ appointees (obviously), Federalists ---Named 11 justices / FDR named 8 --An inauspicious lot ---One had served time in debtor's prison ---Another quit after 5 days ---One was impeached for his political bias ---Another was senile --Those willing to work for a crummy salary and to fulfill circuit duty (designed to bring the justices closer to the people)

English, stare decisis, courts, Constitution, Washington

How did the French Revolution affect politics in the US? For what purpose was the Alien and Sedition Act passed? What were the crimes of Lyon and Fries? Why was the size of the court reduced after Jefferson's election? Be familiar with the Case Marbury v. Madison -Adams decided to ____________________ -Adams' Secretary of State doesn't ______________ -Jefferson's Secretary of State __________________ -Marbury wants the court to ___________________ -Marshall ____________________ -In the long run the case was a _________ for Jefferson -Case gave the power of _____ ______ to the courts In its early years, Supreme Court Justices had to ______ ______ According to the Cherokee Constitution -All lands were the property of ________ and could not be ______ -The power of the government was divided into three distinct departments ________, _______, ________ -What was unique about Article VI Sec 2? ________

Fear of anarchy -> didn't want another revolution Alien -> keep Frenchmen out Sedition -> can't criticize federalists/govt. Lyon -> President Adams had a thirst for pomp Fries -> led a group of farmers protesting against high taxes Keep him from naming another justice Create new judgeships and justice of the peace positions Get the commissions delivered in time - didn't get the hiring done Refuses to give commissions - won't do the hiring force Madison to hire these judges sidesteps the issue -> wrong court loss Judicial review ride circuit the tribe, sold legislative, executive, judiciary You had to believe in God

Chapter 8: "The Court is Now Sitting": -The early justices --Were staunch________ --Had participated in framing the _______ or campaigned for its ratification --Belonged to or represented the ______ class --All believed that government's primary function was protecting property rights from the _______ class of workers and small farmers (90) --Met the test Washington imposed on his judicial choices: loyalty to his ______ and his ________ goals -First justices shared another attribute: none had any experience in applying and construing the ________ of the new nation -_______ v. ________ --First case to come before the Court --The case began in 1774, it involved efforts to collect debts owed by Americans to British subjects whose property had been seized during the Revolution ---The legal issues before the USSC were entirely procedural and involved the state of Georgia's effort to intervene in the case and lay claim to the confiscated funds ---Legal briefs in the case bristled with terms like "treason" and "fraud", but this was really just a debt-collection case that raised no issues of constitutional interpretation ---Vote 4-2 that Georgia was entitled to an injunction to keep the disputed funds in state hands until a lower court tried the claim --Significance? ---Each justice would deliver his own _______

Federalists, Constitution, creditor, debtor, party, nationalistic, Constitution, Georgia v. Brailsford, opinion

Chapter 9: "To Say What the Law Is": Reaction -________ --The terror in France would "disturb the repose of mankind" --Concerned that the unrest could spread to the US - concerned that Jefferson might lead a new revolution -________ --Cheered the French fight for liberty --Talked neutrality, but favored France --Believed that Adams was a British lackey, and the the Federalists represented a new monarchy -Congress passes the _____ ____ _____ _____ --Time of residence extended for citizenship --President given the power to deport aliens --Made criticism of the government illegal - aimed mainly at Republicans who supported the French -Federalist prosecutors begin to prosecute Adams' critics --_____ _____, a Republican congressman of Vermont, criticized the president for his "continuous grasp for power" and "unbounded thirst for ridiculous pomp" (99) --For his crime, Lyon was summoned to the court of _____ ______, who was out circuit riding --Instead of keeping his mouth shut, Lyon noted that Paterson had dined with the president and had witnessed "ridiculous pomp" Paterson told the jury to find Lyon guilty, they did, and Lyon was sentence to 4 months in jail -The Harassment Continued --_____ ______ tries John Fries for treason ---Fries had led a group of farmers against tax collectors ---Told Fries' attorneys that they would not be allowed to challenge the constitutionality of the Sedition Act ---Sentenced Fries to death ---Eventually pardoned by Adams --Chase didn't even show up for the 1800 session of the Court, as he was out campaigning for Adams

Federalists, Jeffersonians, Alien and Sedition Acts, Matthew Lyon, William Paterson, Sam Chase

Chapter 6: "The Plot Thickens Fast": --The states debate and ratify the Constitution -The Fight for Ratification -The political expediency of labels, leadership, lividness and being laid back --________ (pro constitution) and ________ (against constitution) --Washington and Hamilton --Problems w/ the Articles --Start with the easy states and gain traction -Federalists also had major ________ behind them - helped them w/ their goals --Facebook, twitter, and politics today -Federalists had a concrete proposal behind them -New Jersey ratified on December 18 and Georgia ratified on New Year's Eve (Georgia was in need of military protection) -Larger states would prove to be tougher --_______ should have been an easy win, as two of its favorite sons - Ben Franklin and James Wilson - were supporters, and Federalists controlled the statehouse --However, the state's anti-Federalists, mainly from Pennsylvania's western and rural regions, held over a third of the seats - the Federalists addressed their concerns by dragging anti-Federalists to the statehouse in order to ensure a quorum! --Debates raged in the state's newspapers and some suggested that _______ had signed the document due to the decrepitude of old age --Penn signed off December 1787 -Massachusetts would be tough --Able _______ leadership included Elbridge Gerry and Sam Adams -Small farmers also opposed - remembered the tax laws that had fueled Shays' Rebellion -No bill of rights --Federalists said that a Bill would be redundant --Anti-federalists countered that Congress could expand its scope of power

Federalists, anti-federalists, newspapers, Pennsylvania, Franklin, anti-federalist

The Constitution: -Article I Section 4 --Election Day - _____ _____ _____ -Article I Section 5 --Each half of congress makes it own ______ --______ kept --Cannot adjourn for without the ______ of the other --Power to refuse to seat members / expel members -Article I Section 6 --Salary - 180,000-190,000 --Immunity from ______ while on the floor of congress and while ______ to and from congress --Cannot be a member of both ______ or ______ and a member of Congress -Article I Section 7 --Power of the ______ - _______ --Overriding vetoes with a ______ vote in the House and Senate -Article 1 Section 8 --_______ Powers - granted in the Constitution ---To borrow _____ ---To levy _______ ---To regulate _____ w/ other nations and Indian tribes ---To est. _____ pertaining to immigration and bankruptcy ---To coin money and to punish counterfeiters ---To est. post offices and post roads ---To provide a system of patents and copyrights ---To declare _____ and to raise an army and navy

First Tuesday November rules, record, consent arrest, traveling, houses, president Purse, House, 2/3s Enumerated, money, taxes, trade, laws, war

-_______ v. _______ (1824) --Two men (Gibbons and Ogden) had permission to operate steamboats ---Ogden - permission came from the state of NY ---Gibbons - permission came from the federal government --A lower court ruled that the state of NY had the right to regulate commerce w/ its neighboring states --But the USSC disagreed, ruling that the federal government has control over ______ _____ --Broadened _______ power -______ v. _______ (1833) --John Barron had his private property ruined by the city of Baltimore ---Sand being dumped from road construction damaged his wharf ---Barron was seeking damages, as the Bill of Rights states that private property cannot be taken for public use w/o just compensation ---The US Supreme Court disagreed ---Ruling that the Bill of Rights applied only to _____ matters only ---Meant that for the common person, the Bill was largely just words... Chapter 12: "Great, Good, and Excellent Man!": -The Origins of Slavery in America --The number of Africans who endured the trip across the Atlantic pre-1776 outnumbered whites, and virtually all were slaves ---9.5 million people - the largest forced migration in all history ---4.7 million - South America ---4 million - West Indies ---500,000 - British North America

Gibbons v. Ogden, interstate commerce, federal, Barron v. Baltimore, federal

Chapter 8: "The Court is Now Sitting": -First chief justice - _____ ____ --Came form wealth - "Those who own the country ought to govern it." (87) --Counseled against separation from Britain as a delegate to the First Continental Congress, but later turned into a supporter --Worked as NY's chief justice for 2 years --Elected to congress / served as president --Helped negotiate the peace treaty w/ Britain --Resigned his post after his election as governor of NY -Next Chief Justice - ______ ______ of SC --Strong supporter of slavery and property restrictions for voting --Never attended a single session --Likely suffered from Alzheimer's Disease --Resigned in 1791 to become chief justice in his home state -Washington's other appointees included --had decided (and later presidents followed his example) that the USSC should reflect that nation's _______ --_____ ______ of Massachusetts ---Father and grandfather had served as justices for the Crown ---Ruled against farmers who had taken part in Shays' Rebellion - chief judge of MA courts ---Although 63 when confirmed, he stayed on the court until 1810 Contributed little - wrote just 19 opinions ---Remained a true-blue Federalist, voting in virtually every case to uphold the powers of the federal government against the states --______ ______ Jr of Virginia ---Delegate to the constitutional convention (said little while there) ---Served 5 years but contributed little --_______ _______ of North Carolina ---Most interested in the rights of plantation owners and other of the upper classes ---Displayed some concern for states powers --_____ ______ of Pennsylvania ---Major force behind drafting the Constitution ---No appetite for property restrictions on would-be voters ---Firm believer in federal supremacy ---Speculated in land and was jailed twice when his debts caught up to him

John Jay, John Rutledge, geography, William Cushing, John Blair, James Iredell, James Wilson

Chapter 12: "Great, Good, and Excellent Man!": Andrew Jackson and the reshaping of the Court -Jackson appointed ____ _____ to the bench in 1829 --Served the Ohio Supreme Court for 6 years --Appointed on a pledge that he not run for president --Broke the pledge and ran 6 times for 6 different parties, even campaigning while a jurist --Little impact -Next, Jackson appointed ______ ______ after Bushrod Washington died after 30 years of service --Campaigned for Jackson --Wrote little of significance --Teetered on the brink of mental illness...(142) -Jackson's third appointee was _____ ____, from Georgia, who served 32 years without making any significant contributions -______ ______ --Began practicing law at 22 --Came form a prominent, slave-holding family --Worked hard for Jackson's campaign and was given the position of AG in 1831 - in this post he issued an opinion that upheld the power of the southern state to prohibit free blacks...from entering their borders...They are not looked upon as citizens by the contracting parties who formed the Constitution (143) --Withstood a 3 month confirmation battle in the Senate, where a good number believed he'd undo Marshall

John McLean, Henry Baldwin, James Wayne, Roger Taney

Be familiar with the ruling in Worcester v. Georgia. Was its ruling enforced? McCulloch v. Maryland -Case involved the establishment of a _________________ -Maryland began to _________ -McCulloch refused to _____________ -The two main questions before the court in McCulloch were __________ -Webster argued the case for __________ -Luther Martin argued for _________ -USSC ruled ____________ -According to Marshall, the power to tax is the power to ________ Gibbons v. Ogden _________ federal power by making ________ ________ a federal purview. Barron v. Baltimore involved Barron wanting ________________ because according to the Bill of Rights _______________________. The USSC ruled in Barron v. Baltimore that the Bill of Rights ___________

Lands belong to the Cherokee -> don't have to move -> other branches didn't enforce it so no national bank / Bank of the US tax the bank collect the taxes can the state tax an entity of the federal government can the federal government establish a bank like the US bank even though not said in the Constitution the government Maryland No, Yes destroy broadened, interstate commerce money for property damage, property cannot be taken w/o compensation only applied to federal manners

-McCulloch v. Maryland (1819) --Maryland's case was taken up by ______ ______ ---Inebriated during the session, but he was sober enough to use Marshall's own words in his argument. These were words that Marshall had used when addressing Patrick Henry at the Virginia Constitutional Convention ----Has the government of the US power to make laws on every subject? No ----Can they go beyond the delegated powers? No ----If they were to make a law not warranted by any of the powers enumerated...it would be considered by the judges as an infringement on the Constitution (123-124) -The Ruling- --The federal government has the _____ to create such a bank under the necessary and proper clause of the constitution --The power to create a bank isn't expressly stated, but you cannot list everything that the ______ has the power to do ---"Minor ingredients" of legislative policy is chartering a national bank could be "deduced" from the "great powers" entrusted to Congress by the Constitution (124) --States could not tax federal institutions as the power to tax is the power to _____ --Broadened ______ power

Luther Martin, power, government, destroy, federal

Chapter 3: "Dishonorable to the National Character": --The Framers debate the powers of Congress; the Great Compromise over slavery -Debates in the Philadelphia convention did not proceed in any orderly or logical fashion -There were no formal parties or party leaders -Delegates asked for the floor to introduce motions or to speak whenever they wished, on whatever subject they please -Delegates moved to Edmund Randolph's proposal in the Virginia Plan - which was really _____ plan - that Congress should have power "to legislate in all cases to which the separate states were incompetent." --Randolph spoke against his own proposal -Most divisive issue in the convention, arose from the great disparities in population between the large and the small states - question resolved around representation in the two houses of Congress; main issue slavery (count in representation?) -Madison an advocate of radical democracy, strong national government Chapter 3: "Dishonorable to the National Character" - Class Notes: -The Convention Continues --Debates at the convention were ---Unorganized, unaffected by political party, unencumbered by formal rules --Debates regarding the powers of Congress Begin on May 31 ---Randolph took to the floor to protest his own proposal (the Virginia Plan was in reality Madison's Plan), suggesting that he was concerned w/ congress being granted too much power ---Madison countered that congressional powers might be enumerated, even though he had doubts as to how practical such a solution might be ---Later on, Madison relents and in Article I Section 8 we find a delineation of Congressional Powers

Madison's

"The Exigencies of the Union" Chapter 2 - Class Notes: -Getting rid of the Articles began at a meeting at Mount Vernon - 1785 --James _______ - Driving force behind the Constitution? ---Short, slim, and shy - once described him as being "no bigger than a half a piece of soap" ---Prepared for the 1787 meeting in Philadelphia by making himself an expert of _____ politics ---Came up with a plan for a strong national government, but made certain that he "not excluded the local authorities where they can be subordinately useful" ---Convinced that the _____ government had to possess authority over trade and taxation and that it had to have supremacy over state legislatures -The Constitutional Convention --Convened in Philadelphia in May --The state legislatures choose 74 delegates; 55 showed up ---Patrick Henry refused to attend saying that he "smelt a rat" ---The state of Rhode Island continue its dissenting tradition, refusing to send any delegates --It was helpful, however, that two heroes attended the convention - this helped lend legitimacy to the meeting ---_______ - named presiding officer ---A gout-stricken ______ _______ -Federalist Papers - Federalist No. 10 --In Federalist No. ____, Madison presented his case for a "well-constructed union" ---Warned against the dangers of ______ - By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community

Madison, world, central, Washington, Benjamin Franklin, 10, faction

Chapter 9: "To Say What the Law Is": ______ v. ______ -Adams and Marshall moved slowly, and Marshall runs out of time to deliver the commissions --Gives half to his brother to do - he doesn't get around to it! -When James Madison took over as Secretary of State under Jefferson, he is directed by the new president to stop processing the orders -Seventeen men were slighted, and four took their claims to court, asking that Madison be forced to deliver the commissions - one was named Marbury -Marshall shows up at the Court, asking Marshall to force Madison to deliver the commissions -Marshall orders Madison to show cause for his inaction --Madison ______ him --Congress closes the Court for a term --The justices felt that they would be forced out -Marshall's options --Back down - couldn't do that --Order Jefferson to convey the commissions - Jefferson might ignore any order - the Court would then be ignored from that point on -The Court reconvenes in 1803 -Justice Marshall sidestepped the issue of the commissions by ruling that the refusal to deliver the commissions was illegal, but the appellants had filed in the wrong court -Most Jeffersonians thought this was a victory, but Jefferson saw through the decision -By saying that the Court had no jurisdiction, he strikes down an act of Congress, seizing the power of ______ ______ --It is emphatically the province and duty of the ______ department to say what the law is (107) -Jefferson thought this dangerous for the nation, and there was nothing in the constitution giving the court this power, but the decision stood, as the constitution was --_____ and not a POLITICAL document --This decision creates the machinery for all future _____ by the USSC

Marbury v. Madison, ignores, judicial review, judicial, LAW, decisions

Chapter 3: "Dishonorable to the National Character" - Class Notes: -The Constitution and Slavery --Southern states also won ---A constitutional provision for the return of escaped slaves, and ---A prohibition on the ban on the importation of slaves until 1808 --Those who praise the Founders as farsighted statesmen and champions of democracy tend to ignore or brush aside the slavery provisions of the Constitution. Not one delegate refused to sign the document b/c of moral objections to these provisions. And, as George _____ had warned, national sins were punished by national calamities (35) -Women --Even though women had supported the revolution in almost innumerable ways ---Joined processions, Circulated petitions, Supplied troops w/ food 'liberated from shops', Cooked and Sewed, Harassed Loyalist women, Made ammunition, Boycotted tea and other British goods, Donned homespun, Published inspiration poetry, Occasionally took men's places on the front lines, Spied, Eagerly talked politics at the dinner table --There were no female delegates to the convention --No mention ever made of gender equality --In 1791, _____ ____ was the only state that permitted women the right to vote

Mason, New Jersey

Chapter 11: "The Good and the Wise": -_______ v. _______ (1819) --This case stems from one of the many battles between Jefferson and Hamilton --As secretary of the treasury, Hamilton had campaigned for a national bank, as such a bank could serve as a source of capital for national improvements, such as roads, bridges --_______ believed this plan exceeded constitutional power --_______, however, won the day and a national bank was chartered Economic panic in 1819 led to a tightening of credit, thousands of farm foreclosures ensued, and state legislatures were besieged by voters begging for relief --Let's tax the bank! --James McCulloch refused to collect the tax, arguing that a state could not tax an institution created by the national government McCulloch lost in state court, but the case was taken to the USSC ---1) Does the federal government have the ______ to create such an entity - nothing in the constitution said so, and ---2) Could a _____ tax an institution established by the federal government --The govt. was represented by _____ ______ ---68 previous cases ---Served in the House as a Federalist and in the Senate as a Whig ---Ran for President in 1836 ---Served as secretary of state for three presidents ---Spoke for almost 9 days, arguing that congressional authority swings far beyond enumerated powers

McCulloch v. Maryland, Jefferson, Hamilton, authority, state, Daniel Webster

Chapter 13 - "A Small, Pleasant-Looking Negro": -______ law seemed to be on Scott's side as the state supreme court had ruled that if owners took their slaves to a free state, they were emancipated under the "Once free always free" doctrine -A year passed between Scotts' filing and their first trial in June 1847, then -Scott also made the claim that Mrs. Emerson had mistreated him and that she had held him against his will for 12 hours. He was thus asking for damages of 10 dollars - this was a charge that may not even have been true, but by asking for monetary damages, he helped build his case that he was a _____ man -In order for the suit to move forward, Scott's attorney had to prove that Mrs. Emerson had been Scott's _____ owner, but Scott's attorney was unable to prove the point --The Scotts were said to have been "hired out" to a Samuel Russell, but Russell had no person knowledge that Mrs. Emerson owned the Scotts -At a second trial (now we're up to 1850), a lower Missouri court decreed that Mrs. Emerson was their lawful owner, and since the Scotts had lived in a free state and free territory, they were free -The case continued to wind its way to the Missouri supreme court where it cited Strader v. Graham

Missouri, free, lawful

Why was ratification far from a foregone conclusion? In what ways did the Federalists have an advantage over the anti-Federalists? During the fight for ratification, how were Pennsylvania Federalists able to assure a quorum? Why was there such opposition to the constitution in Massachusetts and what was the suggestion made by Hancock which helped assure passage? Madison was tasked with sifting through dozens of ________. How did the practice of precedent develop? What level of prestige was enjoyed by the USSC in its early years? Also, what did the early justices have in common?

No Bill of Rights granted Their name, they had a plan - Constitution unlike the anti-federalists, parts of the country needed the help that the Constitution could provide Dragged in the anti-federalists Seen Shays' Rebellion -> farmer's not crazy about a new government We're going to get us a Bill of Rights Amendments English Tradition - Brits write down decisions - later cases look at earlier decisions None - people quit the court, would do anything else, reject it Tended to be Federalists, support Constitution, been at Constitutional Convention, Wealthy

Review: As one examines the legal system in the colonies, in what ways did it operate differently than what was found in Britain? What was the name of the document drafted for the Massachusetts Bay Colony in 1641 and what were some of its more liberal pronouncements? In what ways did it uphold earlier mores? Why was Anne Hutchison such a threat to the power structure in the colonies? Also, be familiar with the dissenting tradition and the effects that the dissenter had upon early US law. What manner of rights were had by women who lived in the colonies? Also, what is coverture? Be familiar with colonial law as it applied to slavery.

No peasants (less formal, knew you), right to be represented by an attorney, right to trial by jury Body of Liberties No double jeopardy, cruel or unusual punishment, punishments not administered outside of law Put to death for witchcraft, belief in anything but the Christian god, same-sex relationships, adultery, beastiality (Mosaic Law) Salvation reached by yourself not god -> women as well -> undermined the male pastor and Christian authority and he didn't like it Disagreed w/ mainstream Puritans -> found themselves in Rhode Island Divorce, alimony The legal term for the status of married women which meant that wives were "covered" by their husbands in all areas of life, especially the control of property. Came along early in 1669 - Virginia -> African Americans death penalty for rebellion/treason

Chapter 3: "Dishonorable to the National Character" - Class Notes: -The New Jersey Plan --______ lobbied for a national legislature consisting of a single chamber, where each state would have one vote --Wanted to keep the North States equal to the Southern states in voting capabilities - south had slaves so more people - more weight in the House --A multi-person executive branch elected by the legislature that would have ---Common over the military and the power to enforce law --This executive branch would not possess veto power and it could be removed by congress or a majority of governors -Let's go back to the first point --Paterson was wary of proportional representation as he did not want states with large slave populations, but small white populations, being able to out-vote states like New Hampshire or New Jersey --Madison countered w/ a proposal to have the first house of congress based on free inhabitants, and then the senate to be enumerated by total population including slaves --Paterson - along w/ delegates from small northern states would have none of Madison's plan -Compromise --Hugh Williamson of SC suggested a compromise - that a census be taken of the free white inhabitants and three fifths of those of other descriptions and that "representation be regulated accordingly" (31) ---Madison thought little of the plan, finding it unjust ---Delegates from southern states wanted to ensure slaves were fully counted in order that they receive greater representation ---Delegates from small states threaten to bolt the convention if the senate was based upon proportional representation ---Madison pointed out that it made no sense that Delaware have equal representation to Pennsylvania, but he also realized that the argument had turned from one focused on the interests of large vs. small states to one focused on slavery --The _____ ______, allowing the southern states to count slaves as three fifths of a person for House seats and providing for equal votes for each state in the Senate, was adopted (33) ---Give states yes - Connecticut, New Jersey, Delaware, Maryland, and North Carolina ---Four states no - Pennsylvania, Virginia, Georgia, and South Carolina ---Remainder had split delegations / did not vote --Randolph expressed his concern that the vote had robbed the convention of legitimacy and Paterson believed it time to adjourn --In time, large states yielded

Paterson, Great Compromise

The Constitution -______ - authority drawn from the People - We the people - sets up the Constitution Article one - _______ (House of Representatives and Senate) -Elections in the House every second year -State population size to govern membership/apportioned by census taken every ten years/every state has at least one rep -House has the power of impeachment -Senators selected by state legislatures/each states has two/six year terms -Tries the president if impeached -VP acts as ______? -Powers of Congress - declare war, patents, laws w/ immigration -Powers denied Congress --_____ ____ ______- is an act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial. --____ ____ ____ _____- is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. Cannot be charged for a crime prior to it becoming a law --_______- head tax, couldn't tax a person, didn't want slavery taxed (South) Article Two - The ________ -Four year terms -Selected by the electoral college (each state has at least _____ electors) -Commander in Chief -Power to grant reprieves and pardons (marijuana), sign treaties, nominate ambassadors and federal judges with the assent of the senate Article Three - The ______ -Establishment of a Supreme Court Article Four -_____ ______ ___ ______ ______- addresses the duty that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state" (marriage) -Return of Fugitive Slaves Article Five -two methods to amend... ______ ______ Article Six -______ ________- federal law is supreme to state law

Preamble Congress, tie-breaker, Bill of Attainder, Ex post Facto Laws, Capitation Presidency, three Courts Full Faith and Credit Clause 2/3s of House/Senate (Congress) have to vote yes and 3/4s states approve Have a 2nd Constitutional Convention Supremacy Clause

Chapter 12: "Great, Good, and Excellent Man!": _______ v. ________ -Margaret Morgan escaped from slavery in Maryland, form whence she fled to the free state of PA -Tracked down by a professional slave catcher named Edward Prigg, she was brought before a state judge in order to receive the certificate needed to return she and her family to slavery -In 1826, however, the PA legislature had passed a "personal liberty" law which gave supposed slaves the right to challenge their detention, and so PA refused to issue the certificate -Priggs took his captives back to Maryland anyway, but he was later indicted for kidnapping in PA -Attorneys from Maryland argued that congress had authority over the return of fugitive slaves -Pennsylvania attorneys were largely disinterested in the case, saying only that their state sought to protect the liberties of freemen living within state boundaries -PA's personal liberty law was struck down, but one member of the court suggested that states were under no obligation to help enforce the Fugitive Slave Act -Massachusetts passed legislation forbidding state judges and local police form aiding in the rendition of fugitive slaves _______ ____ ______ -The South acquiesced on the admission of California as a free state, after northern states promised that runaway slaves would be returned to their owners -Enforced w/ a vengeance - cannon was turned on a crowd of 20,000 protestors in Boston _______ -______ ______ -The issue of slavery ought to be placed before voters -Over 1,000 proslavery forces run riot in Lawrence, killing several free staters -John Brown retaliated, as 5 proslavery settlers were murdered in Pottawatomie

Prigg v. Pennsylvania, Compromise of 1850, Kansas-Nebraska Act

Chapter 9: "To Say What the Law Is": International Affairs - The French Revolution and its Effects on the US -In 1789 France has its revolution --Political Revolution ---Many of the early theorists were concerned about the instability that had been brought about by the French _______ ----Taxes, food prices, the nation's debt skyrocketed while the nation's leaders seemed not to care -----The queen was reported to have said "Let them eat cake" after being told that the poor have no bread ----Storming of the Bastille, which was a symbol of the French monarchy ----August Decrees ended feudalism and took away the authority of the aristocracy and the clergy ----_______ march to Versailles (palace) and demand relief from high bread prices ----Eventually the turmoil of the revolution leads to the executions of thousands, including King Louis and Marie Antoinette, while an event called "The Terror" was unleashed on France. In time Napoleon comes to power and war is declared on most of Europe -Symbols --______ is one of the rare countries with a female as symbol -President John Adams --Tried to steer a middle course between Hamilton and his VP Thomas Jefferson ---At this point in history, you ----If you captured the majority of electors > president ----Your opponent > vice-president --Wanted no part of the turmoil in ______

Revolution, women, France, France

Be ready to examine the various issues that faced the Founders at the Constitutional Convention. -Which delegations / individuals refused to attend? _______, _______ -Who is said to be the "father" of the Constitution? ______ ______ -What is meant by "dangers of faction"? ________ (written) -What happened during Shays' Rebellion and what effect did Shays have upon the Founders? -Madison believed that _______ must be made to counteract _______. -What were the identifying features of the Virginia Plan? -What were the identifying features of the New Jersey Plan? -What was the Great Compromise? The "Three-Fifths Compromise"? -What are enumerated powers? -Southern states won ____________ and _________ -What role did women play at the convention? -Edmund Randolph warned that a single-person executive might devolve into the _________. -Why were the delegates reluctant to include a Bill of Rights?

Rhode Island, Patrick Henry James Madison By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community. -Do we wish harm upon our community? No. In order to avoid this problem we have to address the problem of faction. Problem in one little area, there problem and not the group problem Tax revolt, farmers banded together. Need a new govt. ambition, ambition 2 House legislature (House/Senate), Judicial branch One state - on vote (representation), multi people, elected by congress (executive) One part of congress proportional in size for rep, 2 senators regardless of population for rep Count slaves as 3/5s Powers stated in the Constitution - post office, declared war exports wouldn't be taxed, no ban on international slave trade until 1808 None, supportive to husbands - outside role, no female delegates fetus of monarchy (person act as king) It was dangerous - outline what govt. can't do - can't list everything - whatever isn't listed

"Morally Sinful by the Word of God" Chapter One - Class Notes: -Equality Under the Law? --No. Equal justice applied only to freemen, white males who owned property --Those excluded included religious dissenters, women, African slaves, and the Indians who occupied the land before the colonists arrived -Law, Religion, and Conflict --_____ ______ was a cleric who sermonized that civil authorities had no right to enforce religious edicts --Booted out of Salem, he went to Plymouth and continued to denounce his Puritan brethren - "Let any man show me a commission give by the Son of God to civil powers in these spiritual affairs of His Christian kingdom and worship --Founded _____ _____ after he was expelled from Massachusetts --______ ______ ---Held worship sessions in her own home, meeting only years from the governor's home ----Stated that God had spoken directly to her, assuring her that she was saved ----Popular among her mainly female attendees ----Preached that salvation came through grace, and that the Holy Spirit can live in all of us --Hutchinson made ______ uneasy ---Believed she preached an easy path to salvation ---Hutchinson's message might undermine his political power --Charged with sedition --In her trial, she easily bested the governor who doubled as the prosecution --Banished to Rhode Island --By the time of the Revolution, voices of dissent had helped establish a measure of ______ toleration even during this most intolerant time --In 1785, James Madison and Thomas Jefferson drafted Virginia's Act Establishing Religious Freedom which stated that ---No man shall be compelled to frequent or support any religious worship, place, or ministry whatever...nor shall otherwise suffer on account of his religious opinions or belief ---Jefferson later wrote that Madison's law was "meant to comprehend within the mantle of its protection the Jew and Gentile, the Christian and the Mahometan, the Hindu and the Infidel of every denomination

Roger Williams, Rhode Island, Anne Hutchinson, Winthrop, religious

Chapter 13 - "A Small, Pleasant-Looking Negro": -the background of the Dred Scott case and the legal rights of blacks The Dred Scott Case -Who was _____? --Like many slaves, his narrative is one with many gaps ---Birthplace is unknown --May have been known as Sam until he was sold to Dr. John Emerson in St. Louis ---Previous owner was named Peter Blow, who cam to St. Louis from Alabama w/ 6 slaves - meant to establish a boardinghouse, but he died two years later ---Two slaves were sold to settle the estate / one was named Sam -Life was tough under Emerson --A poor doctor, Emerson talked his way into an army post in Illinois (free) in 1832, but later returned to St. Louis for treatment of syphilis --Moved again to an army post in Ft. Snelling, which was then a part of Wisconsin Territory (Free) --It is there he meets another slave, ______ Robinson, she is either given or sold to Emerson, and she becomes Scott's wife --Later on, Dred and Harriet have four children; two die in infancy and two daughters join the fight for freedom -Emerson returns to St. Louis, then moves to Louisiana, then heads back to Minnesota, and is sent by the army to Florida. All the while the Scotts move from Ft. Snelling to St. Louis with Mrs. Emerson -Dr. Emerson dies in Davenport Iowa -It is now that Scott sues for his freedom

Scott, Harriet

Chapter 14 - "Beings of an Inferior Order": -The Court decided that blacks are not citizens and have no legal rights The Dred Scott Case -______'s attorneys argued that Scott had standing to bring the case to the federal court system in Missouri as he was a citizen of Missouri (became a citizen after being freed by his move to IL and WI) -______'s attorneys turned their attack on the Missouri Compromise By this point the case had gone beyond Scott Sanford's attorney's urged narrow construction/interpretation of -_______ construction - taking the constitution and considering it as a living document - follow it but can be interpreted in different ways -_____ construction - reads the words of the constitution - if ain't in there it ain't in there -"Congress shall have the power to dispose of and make all needful rules and regulations respecting the territory" of the United States (169) --Legislation pertaining to slavery wasn't a part of "needful" law -Scott's attorneys argued that it fell under the purviews of congress to decide what legislation was / not needful The Dred Scott Case -Taney's mind was already made up - he saw Blacks, even free Blacks, as _______ --In an opinion that took two hours to read, Justice Taney Said the Court had the power to review the case and with regards to citizenship, Taney placed on the advocates of black citizenship the task of proving that the Framers meant to include blacks as citizens (172) -A more coherent response would have been to show that --Nothing in the constitution said that Blacks should be excluded from citizenship --And some states, even prior to the ratification of the Constitution, permitted African Americans to vote

Scott, Sanford Liberal, strict non citizens

Be familiar with the slave codes and the sorts of harassment faced by free black living in the South. Be ready to examine the Missouri Compromise. What position was held by the government in the Antelope case and how did the USSC ruled? As attorney general, Roger Taney issued an opinion that __________. What was happening to abolitionist groups during the 1830s? -Once ashore, the "Amistads" were _________________ -Northerners ________ -Spain ________ -Van Buren Administration ________ -Lower court ruled ____________ -John Quincy Adams ___________ -USSC ruled ____________

Slave codes: couldn't marry, own weapons, travel w/o a pass, buy or sell w/o permission, learn to read Harassment: warrantless searches, always be picked up and sold in a different state Split US into slave/free halves - Maine entered free, Missouri slave - slave line African Americans were entitled to freedom. 16 allowed to return home African Americans aren't citizens -> foreshadowed the Dred Scott Case Considered a felony to work for abolitionists in South, wouldn't mail propaganda -> eventually forced out jailed for murder, mutiny, and piracy pushed for release wanted the Amistads to return to Cuba worked for behalf of Spain Amistads should be returned Argued for Amistads Amistads should be returned to Africa

Chapter 12: "Great, Good, and Excellent Man!": -Charles River Bridge v. Warren Bridge --In 1785, the Mass legislature granted the Charles River Bridge Company an exclusive charter to operate a toll bridge. The state would receive said bridge after seventy years --In 1828 though, Jacksonian Democrats took over in the state legislature, and they passed a charter for another company - Warren Bridge - just 100 yards away --Tolls would be collected for six years, and then that bridge would be turned over to the state --Charles River demanded that the courts uphold the original charter Taney disagreed, recognizing the need for competition and the comfort, convenience, and prosperity of the people (145) -Even as this is a victory for the common person --Rights were being taken away across the _____ ---Several of the southern states, led by Virginia, passed laws making the advocacy of abolition a felony w/ severe penalties ---Vigilante groups hunted out abolitionists and punished them w/ whippings ---By 1837, not one antislavery group remained in the South Anti-abolitionist post offices refused to deliver anti-slavery pamphlets -Amistad --The Amistad set sail form Havana in June 1839, with 54 Africans onboard. The Africans had been taken by Portuguese slave traders from their home in Mende --While onboard, the slaves revolted, killing the captain --Two crewmen were spared on the promise that they'd sail the craft to Africa --The crewmen sailed back and forth for 2 months, eventually landing in Long Island two months later

South

Chapter 13 - "A Small, Pleasant-Looking Negro": ______ v. ______ -This case involved two black musicians who were sent from Kentucky to Ohio in order to perform in minstrel shows - eventually the duo continued northward to Canada -Their Kentucky owners filed suit against Ohioans who had helped the pair escape - in a Kentucky courtroom the defendants said that the Northwest Ordinance of 1787 had banned slavery in the territories. As Ohio was part of this area at the time, the owner from Kentucky had no standing to sue pState supreme court justices disagreed, ruling that Ohio was no longer a territory and that Kentucky law took precedence over Ohio law -As a result, the aggrieved owner was entitled to damages -When the case made it to the USSC it found a receptive audience - Taney dismissed the case due to a lack of federal jurisdiction -How did this effect Scott? The USSC ruled that the doctrine of "once free always free" no longer ______ The Dred Scott Case -Between 1852 and 1857, the case wound its way between state and federal courts -In the meantime, ____ ______, who was Irene Emerson's brother, claimed ownership of the Scotts -As Sanford lived in New York, Scott filed suit in federal court in St. Louis, due to the fact that the constitution gives to federal courts jurisdiction in cases between citizens of different states -But could Scott file? Was he a citizen of Missouri? -The case makes its way to the USSC -Scott's case rested on his living in Illinois, while Sanford's case rested on the grounds that the motion was improperly filed and that Scott was a slave / not a citizen -The court deadlocked through the spring of 1856, and then the attorneys came back for a second round of arguments in December

Strader v. Graham, applied, John Sanford

Chapter 12: "Great, Good, and Excellent Man!": -Amistad --Once ashore, the Africans were jailed for murder, mutiny and piracy and the two crewmen filed for their return to Spain --Lieutenant Gedney of the Washington filed a salvage claim, as did two other captains who had met the Africans onshore --The _____ also sought to return the slaves to Spain under US/Spanish treaty --Meanwhile, abolitionists worked for the release of those imprisoned --Abolitionists secured a victory when a federal district judge ruled that as slavery was unlawful in Connecticut, these were free men; criminal charges were likewise dismissed as no crimes had taken place in the state --Nevertheless, the men remained held until the federal government's claim was addressed --________ - agitated for release --Spain - return to Cuba --President Van Buren - return to Spain --1840 - lower court ruled the "Amistads" be returned to Africa --When the case was appealed to the USSC, _____ _____ ____ argued for three days, imploring the government to abide by the lower court's ruling --JQ raised his voice in contempt for the Van Buren Administration, who he said would "turn himself into a jailer" for the Spanish government --Attorney General Gilpin responded that Van Buren was bound by a treaty with Spain to return all ships and property seized by "pirates or robbers"...Adams replied with scorn, asking "who were the pirates and robbers? Were they the Africans?" (150) --The USSC ______ the lower court's ruling, the Africans made their way back to their homeland

US, Northerners, John Quincy Adams, upheld

Chapter 4: "The Supreme Law of the Land": -- The Framers debate executive power and establish the Supreme Court -The Great Compromise has Congress taken care of. The focus turns to the presidency -How many presidents? --The ______ Plan called for a national executive, but there was little agreement as to how the executive ought to be chosen or how wide should be the executive's spectrum of powers ---On June 1, James _____ made the proposal that the executive branch should be made up of just one person. Silence ensued until Franklin "observed that it was a point of great importance and wished that the gentlemen would deliver their sentiments on it" (37) ---John Rutledge - from South Carolina - expressed his opinion that a single-person executive was acceptable to him, but that the individual ought not be given the power of "war and peace" ---Edmund Randolph wanted none of this, as he saw a single-person executive as "______ of monarchy" ---After the delegates decided to put the matter aside for the time, by mid-summer those assembled had decided on a single president -Electing the President? --The ______ Plan outlined that the executive would be chosen by congress, but Elbridge Gerry of Massachusetts proposed that state governors select the executive (Congress) --Gouverneur Morris from Pennsylvania believed that the ______ should elect the president, as otherwise presidents would be chosen by "the work of intrigue, of cabal, and of faction" (38) (People) --Roger Sherman countered that the people would never be well-enough informed to select the president (Afraid of the people) --In time, the delegates acted as politicians again, by moving the issue to the Committee on Postponed Matters. Its revisions were brought forward on Sept 4 (couldn't solved to pushed to committee)

Virginia, Wilson, fetus, Virginia, people

The Constitution: -Article I Section 9 --The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion ---_____ ____ ____ ______- court order directing a sheriff or other public officer who is detaining another person to "produce the body" of the detainee so the court can assess the legality of the detention --No Bill of Attainder or Ex post Facto Law shall be passed ---______ ____ ______- law that inflicts punishment w/o a trial ---____ _____ _____ ____- law that inflicts punishment for an act that was not illegal when it was committed --No Capitation, or other direct, Tax shall be laid... ---______- tax on a person - scared would tax slavery, it would go away, south didn't want ---____ _____- tax paid directly to the government, such as a property tax Article II Section 1 - Presidency: -The Executive and VP are elected to ____ year terms / no term _____ at this time -Establishment of the _____ _____ - each state has a number of electors equal to its number of Representatives and Senators, with each state having at least 3 - the electors are those who choose the president -If no one captures the needed majority, then the election for president will be decided in the _____, and the election of the VP will be decided in the ______ -Requirements --Must at least be ______ years old --______-_____ citizen --Have resided in the US for the past ______ years -VP takes over if the president dies -The president will receive a salary that cannot be increased or diminished during his term -Oath of office Article II Section 2-4: -Powers of the President --Commander in _____ - assures civilian control of the armed forces - Washington was the only president to actually lead troops into battle --Has the power to grant reprieves and pardons, sign ______ (affirmed by 2/3 vote of the senate), nominates ambassadors and federal judges who serve w/ the approval of the senate -Duties of the President

Writ of Habeas Corpus, Bill of Attainder, Ex Post Facto Law, capitation, direct tax 4, limits, electoral college, House, Senate, 35, natural-born, 14 Chief, treaties

Chapter 14 - "Beings of an Inferior Order": The Dred Scott Case -Taney also took those to task who would cite the Declaration of Independence. According to Taney, at the time of the drafting of the document, Black Americans were perceived as property, and were thus not entitled to life, liberty or happiness -Taney's conclusion? African Americans, free or slave, were not ______ -Taney next went after the question of slavery in the territories --According to Article I of the constitution, congress has the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ---Taney construed this as meaning only to dispose of the land ---And he came to the absurd conclusion that this only applied to lands already possessed by the United States at the time of _______ --Thus, the Taney court ruled that the federal government had no power to keep slavery out of the territories, thus declaring the Missouri Compromise _______ --This meant that Scott could not claim his freedom on the grounds that he had traveled to a free territory -Taney also ruled that slave owners could take their slaves with them into free states. This finding nearly had the effect of ________ slavery -Scott? He was granted manumission by his owners shortly after the case ended. He died of TB 15 months later -Many ways helped start the _____ _____

citizens, ratification, unconstitutional, nationalizing, Civil War

Chapter 7: "The Nauseous Project of Amendments": -Reaction to Madison's speech --Apathy and scorn. The bill sent to committee while anti-Federalists _______ the entire process --But, the ten amendments were ratified within two years (USC) Bill of Rights completed the Constitution as built by the framers The Constitution: -The Preamble --Beings with _____ _____ ______ -Article I Section I --Congress - talked about ______ - not an accident - major part of the document ---Voter qualifications - ______, _______, ______ ______ ---Members chosen - _____ ____ ____ ---Age - _______ ---Years a Citizen - _____ _____ ---Resident - _____ _____ _____ ---Number is governed by - _____ _______ -Article I Section 2 - ______ --Census - every ______ ______ in order to _______ the House --Every state gets - at _____ _____ --The House has the power of - ________ -Article I Section 3 - _______ (more prestigious) --_______ --Chosen by - _____ _______ --Terms - ____ ______ --Every other year ______ of the senate ____ ______ --Requirements ---Age - ______ ---Years a citizen - ____ ______ ---Resident - _____ ____ _____ --____ _______ Framers wanted them to preside over the senate (doesn't really happen), tie breaker --Senate tries the president if ______. Political thing

criticized We the people first, 21, male, property owner, every other year, 25, 7 years, of your state, state's population House, 10 years, reapportion, least 1, impeachment Senate, Senators, state legislators, 6 years, 1/3, is elected, 30, 9 years, of your state, Vice President, impeached

"Morally Sinful by the Word of God" Chapter One - Class Notes: -The Law and Native Americans --Law in the Colonies ---As the Puritans believed that their moving to North America was by divine purpose, they also believed that God sent ______ to the Native Americans in order to pave the way for the colonists. According to William Bradford, It pleased God to visite these Indeans with a great sickness, and such a mortalitie that of a 1,000. above 900. and a halfe of them dyed, and many of them did nott above ground for want of buriall ---Conflicts between the Native Americans and English often revolved around _____ ----Most frequently the land belonged to the tribe ----Land no longer cultivated by one Native American could be cultivated by another ----More emphasis was...placed on the user than on the... owner ---Governor John Winthrop...argued that because the Indians had not "subdued" the lands for fields and meadows, the entire colony was legally a "______"... the Puritan settlers pored into the "______" and took legal title to the lands they purchased -The Law and Guns --Law in the Colonies ---English subjects and their American brethren believed I the right to bear ______ ----The English bill of rights gave Protestant subjects the right to arms for defence suitable to their conditions and as allowable by law ----In the colonies the right to arms was often linked to one's obligation to serve in the militia

disease, land, vacuum, vacuum, arms

Chapter 10: "These Jarring and Discordant Judgments": --The impeachment of Justice Samuel Chase; conflicts between federal and state power -During Marshall's tenure on the bench the nation went through some startling changes --Population ______ from 5 to 15 million --Size of the country _____ after the Acquisition of Louisiana --Canals, turnpikes, and railroads began stretching across the country --Expansion of _____ trade -Although these were heady days for the nation --Native Americans fared poorly - Cherokee --At one point Cherokee lands stretched from South Carolina to the Illinois border, by the early 1800s it had been whittled down to North Georgia, Alabama, and Tennessee -The Cherokee -Settled on farms, developed a written alphabet, many adopted Christianity and drafted their own constitution --This was all too much for the state of ______ - native sovereignty would mean that land, gold, and other resources would then be forever out of reach for white settlers --Jackson signs the ____ _____ ____ after a fierce congressional fight from women and New Englanders who disagreed w/ it -_______ v. _______ --Worcester was a missionary who had lived on Cherokee lands for years --Refused to take a loyalty oath now proscribed by the state of Georgia as the state decreed its laws supreme --The Court disagreed - the Cherokee make up a distinct community and Georgia citizens had no right to enter the territory --Georgia refused to recognize the ruling and Jackson commented, "John Marshall has made his decision; now let him enforce it." (111) -Appeals to Congress --Even as 15,000 signed a petition asking for federal intervention, the Cherokee who refuse to vacate their territory were forced to walk to Indian Territory - Trail of Tears (one of them) --4000 deaths due to exposure and disease

increased, tripled, foreign, Georgia, Indian Removal Bill, Worcester v. Georgia

Chapter 12: "Great, Good, and Excellent Man!": -Under the slave codes it was illegal for slaves to --Officially marry --Buy or sell, except by permission --Use any abusive language towards whites --Possess firearms, liquor, or money --Travel w/o a pass --Learn how to read --Testify in court, unless against another slave -Free Blacks living in the South --They were subject to warrantless searches, assaults, and detentions by White law _____ and often by any Whites who felt like ______ them --Legally free African Americans had to pay a special ____ each year --If a legally free person of African descent were convicted of a crime, after being punished he or she was liable for ______ (Spickard, 85) -Echoes of Africa --_______ considered a condemnation of slavery for the Declaration of Independence -Missouri Compromise --In 1819, citizens of Missouri petitioned the federal government for admittance into the Union as a _____ state --The House passed the measure with the addition of the ______ _____, which would have banned further importation of slaves into Missouri and it would have freed all slaves attaining the age of 25 --The ______ refused to go along, and the legislation languished in Congress for a year --December 1819 - Missouri Compromise ---______ entered the Union as a free state, _______ as a slave state ---Slavery was banned in territories above __________ (with the exception of the state of Missouri)

officers, harassing, tax, deportation, Jefferson, slave, Tallmadge Amendment, Senate, Maine, Missouri, 36 degrees 30' N Lat

Chapter 4: "The Supreme Law of the Land": -By September it was decided that --_____ person would serve as president; chosen by electors who were selected by state legislatures --If a majority of electors were unable to choose, then the House would choose the president and the Senate the vice-president --President designated as commander in chief, empowered to make treaties with the consent of ⅔ of the senate, and given the power to appoint judges to the supreme court What about the Courts?- -Article III --The Virginia Plan called for "one more supreme tribunals" (4) Madison stressed the notion that judges be selected by the legislature, but others preferred selection from the executive branch ---James Wilson point out the temptation of politicians to ______ their backs w/ judicial appointment --Significant impasse again, but issues were worked out by the Committee on Detail ---Agreed to vesting "the judicial power of the United States" in a _____ Court "and in such inferior courts" as Congress might create (43) -Article VI --The ________ Clause ---First appeared in the Virginia Plan as a proposal to give the legislature a "negative" over state laws that contravened the "articles of Union" (44) ---Most of the weight of the supremacy clause came from Paterson's New Jersey Plan ---Proposed that "all acts" of Congress "shall be the supreme law of the respective states" (46)

one, reward, Supreme, Supremacy

Chapter 12: "Great, Good, and Excellent Man!": -To this point, the Marshall Court had said little on slavery --Marshall owned slaves himself, but _______ the institution - helped establish the American Colonization Society --During his time as chief justice, the issue of slavery came before the court just once -The Antelope --The Antelope was the name of a Spanish vessel which had taken on 280 Africans from a wrecked privateer named The Arraganta, that had raided US, Spanish and Portuguese slave ships off Africa's west coast, but Capt. Smith wanted to smuggle the slaves into the United States --An American revenue cutter, commanded by a Capt. Jackson, intercepted The Antelope and brought her into port in Savannah --Making claim to the Africans were ---Spain ---Portugal ---Capt. Smith - claimed the slaves as "fruits of war" ---Capt. Jackson - claimed as bounty ---The US - argued that the Africans were entitled to their _______ --Marshall's solution ---A lower court had found that 16 of the Africans had been taken from an American ship, and as they were entitled to freedom, 16 Africans were chosen by lottery to be freed, with the remainder returned to Spain and Portugal

opposed, freedom

"Morally Sinful by the Word of God" Chapter One - Class Notes: -The Law and Women --Lack of _____ for women ---Grounded in the Biblical admonition "Wives, be subject to your own husbands, as to the Lord. For the husband is the head of the wife, as Christ also is the head of the Church" ---In 1632, Parliament decreed that Eve, since she had helped seduce her husband, had inflicted upon her a special bane. See here the reason...that women have no voice in Parliament. They make no laws, they consent to none, they abrogate none --Everyday life for women in the colonies was one where they weren't to be found in ______ ---______- wives were covered by their husbands in all areas of life, especially the control of property ----Once married the husband and wife were one, and the husband was the one with more rights --Women of the colonies did enjoy a right not provided in England - _____ was allowed in cases of adultery or desertion --In 1666, the Plymouth Bay court allowed Elizabeth Williams to leave her husband Jack after he had called her a "wh*re." In fact, he also had to provide her with clothing, bedding, and ten pounds a year --And, Abigail Adams asked her husband to "remember the _____" as he helped draft the Declaration of Independence -Law and Slavery --1641 - the Body of _____ and slavery --1669 - Virginia passed legislation which protected owners who beat to _____ their slaves --1723 - Virginia proscribed the death sentence for any slaves who are caught plotting a _____ --1741 - After New York City witnessed 8 fires, 13 African Americans were convicted of "treason" and burned at the stake / 16 slaves for executed for arson

rights, government, coverture, divorce, ladies, Liberties, death, rebellion

Chapter 1: "Morally Sinful by the Word of God": --The law of colonial era and its treatment of religious dissenters, women, blacks, and Indians -The men who signed the Declaration were schooled in English Law and simply wanted to rid the colonies of arbitrary enforcement of laws they had no voice in shaping. -Most criminal sentences or civil judgements were modest and admonitory (in the colonies) rather than harsh and crippling. One reason for this relative "softness" was that labor was _____ in the colonies and anyone willing and able to work was valuable to the community. --Exceptions were for homosexual sodomy (buggery), adultery, and bestiality as they were executed, and a handful of women were whipped for bearing bastards. These cases were sent to high courts than local justices, whose jurisdiction was generally limited to misdemeanors -Criminal law in the colonies varied from one jurisdiction to another, but in many respects it provided more rights to the accused than in the mother country --defendants represented by lawyers, right to trial by jury (some preferred the educated and relatively impartial judge / jury knew gossip about the accused or knew facts in the case not out in trial) --capital crimes: idolatry, witchcraft -Zero tolerance for dissidents and unorthodox religious practice --in particular those led by _____ who challenged the male control of church and state -The work of modern historians shows that many colonists, even those who sat through endless Puritan sermons, were just as likely to violate the social and sexual taboos of their "Bible-based" society as are contemporary Americans, despite the extreme penalties they faced for their transgressions -The promise of equal Justice extended only to the "freemen" of the colonies. This favored group made up only a small minority of the colonial population. The ranks of freemen were generally limited to white males who owned some property and who belonged to the dominant religious domination of the colony. In short, the freemen were the precursors of the WASP (or White Anglo-Saxon Protestant) elite that owned and operated American business, government, and culture for more than three centuries, and that still maintains a disproportionate share of power in these areas. -_____ _____ of Virginia, the primary author of the Bill of Rights, deserves the greatest credit for moving the country toward religious toleration of dissenters (1st amendment) -The legal term for the status of married women was "______," which meant that wives were "covered" by their husbands in all areas of life, especially the control of property.

scarce, women, James Madison, coverture

Chapter 5: "The Country Must Finally Decide": --The Framers debate a bill of rights; the final drafting and signing of the Constitution -A Bill of Rights? --Not until late summer did anyone mention a Bill of Rights, even though most of the states had them in place --Many of the delegates were reluctant to include a bill of rights as: ---It was primarily the responsibility of the ______ to uphold the rights of individuals ---It can be problematic to outline what ________ cannot do because that can be interpreted to mean that everything else is okay -Charles ______ from South Carolina submitted thirteen "propositions" for consideration; including prohibitions on the quartering of troops in private homes and that freedom of the press be preserved -George ______ of Virginia suggested that the constitution be prefaced with a bill of rights --Would satisfy the citizenry --Would assist in the passage of the document -Elbridge Gerry concurred, and moved for a committee to draft a list of rights. This movement stalled -Edmund Randolph sensed that his fellow delegates wanted to move the document out for ratification, and so he made a motion that --The states could propose a list of amendments and that --These could be acted on at a second convention, but other delegates refused saying a second convention would be too much -________ had doubts about the constitution - he expressed the feeling that it should have been made more perfect -At the end of the convention, 39 delegates remained; the first signature belonged to Washington as he was presiding officer, and then the remainder signed the document in geographical order - from New Hampshire to Georgia -And what about Congress? --Any changes to the Articles required a unanimous vote - those assembled at the constitutional convention simply sidestepped this small matter --Congress itself was bypassed, but it did give its ok to the constitution being sent to the states --_______ to endorse the document --What would have change it congress had refused? - wouldn't have refused

states, government, Pickney, Mason, Washington, Refused