The Constitution and 19thCentury America

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The Constitution and 19th-Century America
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Ratification of the Constitution

• Anti-Federalists
• republics should be small
• feared strong central govt like England
• concern over taxing power
• Bill of Rights
• Federalists
• favored constitution and central govt
• Redefining republican theory
• Federalism and popular sovereignty

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Ratification Debate

• Federalist Papers
• Bill of Rights
• Explaining Ratification Vote
• Beards thesis
• Cosmopolitan v. localism
• Old v. New Revolutionaries
• geography
• Federalists support along seaboards, cities
• merchants, artisans, commercial farmers
• Anti-Federalists more interior, small farmers
  outside of market

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Emergence of the Supreme Court

• Rise of Party Politics
• Federalists strong in NE and with merchants
• Demo-Rep. in south/farmers, anti-elitism
• Revolution of 1800 and Judiciary Act of 1789
• Judiciary Act of 1801
• Federalist power play
• The Judiciary in the Age of Jefferson
• Judicial review and Marbury v. Madison

Marbury and Marshall
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Market Revolution and the Constitution
Erie Canal

• Market Revolution and American Society
• Embargo and War of 1812
• stimulated domestic mfg
• postwar Euro. investment flowed to US
• war experience change govt policy
• 2nd Bank of US and protective tariffs
• Market Economy and Republican Constitutionalism
• Corporations and the Constitution
• Dartmouth College v. Woodward (1819)
• McCulloch v. Maryland (1819)
• Market and Constitution after Marshall
• Charles River Bridge Case (1837)

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Jackson and Indians

• Indian Law at the time of the Revolution
• Jackson and Indian Removal Act (1830)
• Supreme Court and Georgia-Cherokee Disputes
• Corn Tassel
• Cherokee Nation v. GA (1831)
• Domestic dependent nations
• Worcester v. GA (1832
• Trail of Tears

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Slavery in the Early Republic

• Slavery and Constitution
• Contradictions/Local institution
• Early Legal Conflicts
• Somerset v. Stewart (1772)
• Must have positive law
• Personal liberty laws
• Comity for in transit and free blacks in south
• Missouri Compromise (1820
• 36-30 line defines future status of slavery in
  federal territory

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Slavery and Constitution

• Abolitionist Theories and the Constitution
• Garrison Constitution is proslavery
• Pol. Abol Focus on stopping spread of slavery
  to territories (Free Soil Party)
• Radicals slavery illegal everywhere because of
  5th amendment due process
• Fugitive Slave cases
• Fugitive Slave Law 1793
• Prigg v. Pennsylvania (1842)
• PA law conflict federal law yet states not
  compelled to enforce since fed issue
• 1850s Crises and Road to Dred Scott
• Secession
• South argued that north violated original
  constitutional compact that committed nation to
  slavery from personal liberty laws to ignoring
  Dred Scott

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Fighting a Constitutional War

• Was Constitutional valid and could it be
  effective in a civil war?
• Lincoln rejected right to secede
• Guarantee republican govt (Art. 4, Sect. 4) and
  general welfare clauses
• Confederate Constitution
• Compact of states clearly stated
• Forbid congress power over slavery
• Lincoln and the war powers
• Suspended habeas corpus
• Argued extraordinary but not unconst.
• Legal Nature of the War
• Insurrection, rebellion, or international war?
• Lincoln declares it an insurrection

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Constitutional Significance of Civil War

• Maintain constitutional govt with elections
• Repudiated state sovereignty and compact theory
  of Union
• No Right of secession
• Incompatible with nationalization of American
  society in 19th century
• US not a league but a sovereign nation
• yet didnt extinguish states rights
• Emancipated slaves and destroy the Peculiar
  Institution

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Judiciary and Reconstruction

• U.S. v. Rhodes (1866)
• 13th amend guaranteed free institutions not just
  end to chattel slavery
• Slaughterhouse Cases (1873)
• Narrowed use of 14th amendment
• Reflected shift in mood of North towards Recons
• Civil Rights Cases (1883)
• Struck down 1875 Civil Rights Act because private
  not state discrimination
• Significance of Reconstruction
• Extension of federal power over personal liberty
  and civil rights
• Tempered by concerns of federalism
• 13, 14, and 15 Amendment
• Civil rights nationalized and equal rights
  guaranteed
• Retreat to Plessy
• Separate but equal

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Laissez Faire Constitutionalism

• Industrialization and Regulation of the Economy
• Munn v. Illinois (1877)
• Public interest allows govt reg
• Substantive Due Process
• Substantive Due Process holds that the Due
  Process Clause not only requires "due process,"
  that is, basic procedural rights, but that it
  also protects basic substantive rights.
• Sherman Anti-Trust Act (1890)
• US v. EC Knight (1895)
• Production v. commerce
• Standard Oil v. US (1911)
• Rule of reason
• Labor Liberty of contract v. police power
• Muller v Oregon (1908)
• Brandeis Brief
• Lochner v. New York (1905)