ipl-logo

Colonial America Pros And Cons

1120 Words5 Pages
bulb-icon

Recommended: Sectionalism and nationalism the 1800s

Since the settlement of colonial American and the migration of individuals from different ethnicities and backgrounds, the United States of America has been as a melting pot. After the immigration of former Europeans, to colonial Americans, citizens felt displaced with the lack of national identity from 1810 to 1840. Politically, the United States lacked a problem of representation within their government. As former members of Great Britain, Americans were only aware of what they did not want, a monarchy, which led to their dismissal. Voting, Americans could not justify a system that allowed everyone to feel satisfied with. In particular, New Jersey, allocated the plan of one vote per state, which worked for their substantially smaller population …show more content…

McCulloch v. Maryland, Cohen v. Virginia, and Gibbons v. Ogden all served great significance to judicial nationalism due to their American legal system impact. The court case of McCulloch v. Maryland was caused due to the dispute between Maryland and the federal government regarding the constitutionality of a tax on the Bank of the United States (Nationalism and Sectionalism 1808-1826 lecture). It was determined that the creation of a national bank was an implied power, through the Necessary and Proper Clause. With this expression of power, the state of Maryland was unable to interfere, resulting in the affirmed supremacy of federal laws over state powers (Nationalism and Sectionalism 1808-1826 lecture). The McCulloch v. Maryland court case allowed for the priniciple of implied powers to settle in, extending the meaning of federal authority within the United States. In the case of Cohen v. Virginia, the case concerned the legality of lottery tickets, between the state of Virginia, and a private citizen, Cohen. With the influence of the Supreme Court, it was deemed that the Supreme Court had appellate jurisdiction over state court cases when federal questions were involved, leading to the dedicison that federal judiciary possessed the power to review and overturn court decisions made by state courts (Nationalism and Sectionalism 1808-1826). This process was established as the prinicple of judicial review. In the case of Gibbons v. Ogden, a dispute occurred between two individuals, Gibbons and Ogden, both steamboat operators. The dispute arose over the usage of waterways between the states of New York and New Jersey. It was decided by the Supreme Court that Congress possessed exclusive power in order to regular interstate commerce, which was protected by the Commerce Clause. The Constitution’s Commerce Clause demonstrated that itwas unconstituaional for

Show More
Related
643 Words | 3 Pages

McCulloch vs Maryland Summary In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland.

Read More
839 Words | 4 Pages

National supremacy McCulloch v. Maryland was a supreme court case held back in 1819 concerning the topic of national bank and taxation. This court was like many more that came before it and after it as it was the national government and states government arguing in front of the supreme court. The bank was a national bank created in Maryland being the second ever created national bank. The case all took course after Maryland the state questioned the power of Congress being able to create a national bank. Then the state of Maryland imposed a tax on all branches of bank not “chartered by the legislature.”

Read More
823 Words | 4 Pages

McCulloch v Maryland Facts of the Case In 1819 the United States had a federal bank, the Bank of the United States. The state of Maryland taxed every person that did business with banks out of the state. Also they decided to tax the federal bank to impede their operation. They prohibited the issuing of all bank notes except the ones issued by the state. There were fees and penalties established if this regulation was violated.

Read More
2098 Words | 9 Pages

McCulloch v. Maryland McCulloch v. Maryland is a United States supreme court case that was decided on March 6, 1819.This supreme court case very important in that it was related to how much power the government would have. The federal government used the necessary and proper clause to indicate that it was right and just for them to create a national bank. The state of Maryland imposed a tax 15,000/year on the national bank,which cashier James McCulloch of the Baltimore branch refused to pay. The argument for Maryland was that it was a sovereign state and had the authority to impose a tax any business within its state lines.

Read More
258 Words | 2 Pages

John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

Read More
233 Words | 1 Pages

Gibbons v. Ogden was a court case which debated the right to carry passengers along a canal from New York to New Jersey. This established more federal authority over the states which caused animosity throughout the country. The “corrupt bargain” occurred out of the Election of 1824 in which

Read More
729 Words | 3 Pages

Ogden, which was about New York requiring out-of-state boats to pay fees to go through there waters. A man named Thomas Gibbons who owned a steam boat that went through New Jersey and New York waters everyday challenged the States monopoly. The case eventually went to the Supreme Court where Chief Justice John Marshall said that those state laws weren't valid since it didn't work with the congressional act. The state of New York had created a law that allowed them to earn money, but the government didn't like the idea that the state was regulating its waters so they voided the law. In the case McCulloch v. Maryland, the state of Maryland placed a tax on the Second Bank of the United States.

Read More
539 Words | 3 Pages

Johnson wrote,” When speaking of the power of Congress over navigation, I do not regard it as a power incidental to that of regulating commerce; I consider it as the thing itself,” Irrefutably, Gibbons v. Ogden demonstrated the supreme power of the federal government over state governments and the federal governments ability to continuously weaken the role of the

Read More
269 Words | 2 Pages

The middle colonies were set differently from the New England and Chesapeake Bay regions, instead of searching for a place to colonize or be given the authority to use founded land by Britain, the middle colonies, owned by Charles I and the Duke of York, used the lands as a way to pay off debts or as political favors. The new proprietaries intended uses of the colonies were for wealth and freedom to practice any religion. William Penn, founder of Pennsylvania, successfully created the first, middle colony a “colony of Haven for the children of light” (American Yawp, chapter 3) thus attracted a wide range of people from different nations. Because of the political and religious freedoms, a harmony of mixed towns of French, Dutch, German, Swedes,

Read More
236 Words | 1 Pages

The significance of this triad is that Dartmouth, McColloch, and Gibbons are three landmark Supreme Court cases decided by Chief Justice John Marshall that affected the interpretation of the Constitution and the federal government’s powers. Dartmouth College v. Woodward was decided in 1819 and found that the Contract Clause of the U.S. Constitution which says no State shall make any law impairing the obligation of contracts was good law. It separated public and private charters and created the American business corporation and the free enterprise system. McCulloch v. Maryland was decided in 1819 and allowed the Federal government to pass laws not expressly provided for in the Constitution’s list of enumerated powers. It further developed the

Read More
646 Words | 3 Pages

In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

Read More
418 Words | 2 Pages

The colonist were patriots because they were being oppressed by the British and they were trying to have freedoms like every human has the right to. The British taxed the colonist for almost everything that they could which included the Tea act, stamp act, and the sugar act. (Burgan) Because of these reasons to them they were doing the right thing to do in the situation that they were in.

Read More
238 Words | 1 Pages

Something that had one of the biggest impacts on the world as it is today is colonization. There’s no way that the world we live in would be the same without it. From colonization, a multitude of good things came out of it, such as wealth for many nations, new land discovered, and colonies established. However, all of those things came at a price to others. The negatives of colonization affected the Native Americans (North, South, and Central America) and the Africans.

Read More
674 Words | 3 Pages

The Supreme Court case McCulloch v Maryland originally originated in Maryland when the Maryland legislature decided to levy a tax on all branches of the banks. It was aimed to destroy the Baltimore branch of the Bank of the United States. James McCulloch was a cashier at the Baltimore branch. He was issuing bank notes without complying with the Maryland law. Maryland had sued McCulloch for refusing to pay the taxes under the Maryland statute.

Read More
942 Words | 4 Pages

In the early 1800’s is when Marshall became a Supreme Court Justice. Two key decisions to cut state's rights down were handed down by Marshall. McCulloch vs. Maryland was one of them. For this circumstance, he set up that the Constitution gives the administration aberrant forces to execute t”he Constitution's express powers, and moreover that the state's action may not impede generous secured exercises of compel by the national government. Gibbons vs. Ogden, another case, was developed by him so that the administration had the benefit to control interstate business by the Commerce Clause” (Kateb,

Read More

More about Colonial America Pros And Cons

Related Topics

Open Document