McCulloh vs. Maryland: landmark rescission by the U.S Supreme Court. Maryland had attempted to impede operation of a branch of the second branch of the U.S by imposing taxes on all bank notes that were not charted in Maryland.
Gibbon vs.Ogden: Supreme Court decision that stated that the U.S had the power to regulate interstate commerce, granted to congress by the commerce clause of the U.S constitution, encompassed the power to regulate navigation.
Fletcher vs. peck: Supreme Court ruled a grant to a private land company that was a contract wishing the meaning of a contract clause of the constitution and could not be repealed.
Dartmouth college vs. Woodward: landmark Supreme Court decision dealing with the application of the contract clause of the U.S to private cooperation's
Cohens vs. Virginia; the Supreme Court case that is remembered for the courts assertion of power to review states Supreme Court rulings in criminal law when the defendant claims their constitutional rights have been violated.
These famous cases all promote nationalism because the ruling in all cases is for the nations power not the individuals or groups.
McCulloch v. Maryland: McCulloch, the cashier of the Baltimore branch of the Bank of the US, issued bank notes without going along with the Maryland law. Maryland sued McCulloch for the failure to pay the taxes that were due under the Maryland statute. McCulloch challenged the act. The state court found for Maryland and McCulloch appealed.
Gibbons v. Ogden: Ogden restrained Gibbons from operating steam ships on NY waters in violation of his exclusive privilege. Gibbons appealed, saying that his steamships were licensed under the Act of Congress. Gibbons asserted the Act of Congress replace the exclusive privilege granted by NY.
Fletcher v. Peck: Fletcher purchased land from Peck. Disregarding the 1796 statute, Peck placed an agreement in the deed that stated the title to the land had not been constitutionally impaired by any future act of the state of GA. Fletcher sued Peck to est. the constitutionality of the 1796 act - the act was constitutional and the contract was void, or the act was unconstitutional and Fletcher had clear title to the land.
Dartmouth College vs. Woodward: New Hampshire legislature attempted to change Dartmouth College into an university. Legislature changed the school's corporate charter by transferring the control of trustee appointments to the governor. To regain authority of the college, old trustees filed a suit against Woodward, who sided with the new trustees.
Cohens v. Virginia: Act of Congress authorized the operation of a lottery in D.C. The Cohen brothers proceeded to sell lottery tickets in VA, violating state law. State authorities tried and convicted the Cohens and declared themselves to be final arbiters of disputes between the state and national government.
These cases promoted nationalism over sectionalism because it affect the nation as a whole in some type of way and not just one part or section of the country.
McCulloch v Maryland: Maryland was trying to tax the national bank by issuing bank notes without complying with the Maryland law and Supreme Court ruled that federal law was stronger than the state law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested.
Gibbons v Ogden: steamboat case that gave broad interpretation to "interstate commerce". The state of New York gave an exclusive license to Aaron Odgen to operate a steamboat to carry passengers from New York to New Jersey. The federal government gave Thomas Gibbons a license for the same route. Aaron Odgen sued and won in New York court. Thomas Gibbons took the case to the Supreme Court where they overturned the decision.
Fletcher v Peck: Supreme Court has the power to declare state laws unconstitutional (Yazoo Land Act) Robert Fletcher purchased 15,000 acres from John Peck in 1803 for $3,000. Peck, in spite of the 1796 statute, had placed a covenant in the deed that stated that the title to the land had not been constitutionally impaired by any subsequent act of the state of Georgia. Fletcher sued Peck to establish the constitutionality of the 1796 act.
Dartmouth College v Woodward: The King of England granted a charter to Dartmouth College. This document included the purpose of the school, set up the structure to govern it, and gave land to the college. The state legislature of New Hampshire passed laws that revised the charter. These laws changed the school from private to public. They changed the duties of the trustees. They changed how the trustees were selected. Trustees filed suit claiming that the legislature violated the Constitution.
Cohens v Virginia: Cohens found guilty of selling illegal D.C. lottery tickets in Virginia he was convicted, violating state law. He was taken to Supreme Court. Marshall stated the right of Supreme Court to review decisions of state Supreme Court.
The cases promote sectionalism over sectionalism because it viewed each case about how it would benefit or hurt the nation all together not a specific state or person.
McCullough vs Maryland- Maryland tried to tax all other money that was not charted in Maryland. The Supreme Court found this against the Federal government. This supports federalism over sectionalism in that it denies to the states the power to deny a Federal power. Gibbons vs Ogden- New York gave Ogden the right to use a steamboat route, and the Federal government gave Gibbons the same right. Supreme Court ruled that the Gibbons could also use the route. This established the Federal government's enactment over the state's, further developing Federalism over sectionalism. Fletcher vs Peck- Peck tried to sell Fletcher a plot of land, and in the contract he stated that the title of the land would not be impaired by any act of the Georgia government, which went against an act established in 1796. The Supreme Court declared that the Act was constitutional, and the contract was void. This demonstrates that the Federal government has the overall say in its laws, and that individuals can't disregard them just because they are not State laws. Dartmouth College vs Woodward- New Hampshire's legislature tried to change Dartmouth's official charter, and they appointed the trustees' appointments to the governor. The trustees sued, and Supreme Court ruled that the legislature was unconstitutional.this showed that the Federal Government could overrule the individual state decisions via the Supreme Court, further demonstrating the idea of Federal over State. Cohens vs Virginia- The Cohens tried to sell illegal DC lottery tickets in the state of Virginia. They were tried and convicted, but they claimed their rights were violated. The Supreme Court decided that it was unconstitutional to limit the flow of commerce given by the Constitution, and this showed that the Supreme Court could assert its power to review state courts' decisions, which in turn demonstrated how the Federal Government could maintain the States' individual powers
McCulloh vs. Maryland: Congress has power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause, and the State of Maryland does not have the power to tax an institution created by Congress pursuant to its powers under the Constitution.
Gibbon vs.Ogden: A state may not pass legislation inconsistent with federal law which regulates a purely internal affair regarding trade or the police power, or is pursuant to a power to regulate interstate commerce concurrent with that of Congress.
Fletcher vs. peck: A law that negates all property rights established under an earlier law is unconstitutional for violating the Contract Clause of the United States Constitution.
Dartmouth College vs. Woodward: New Hampshire's legislature wanted to alter Dartmouth's official charter. Supreme Court ruled that it was unconstitutional. This demonstrates the rule of Federal over State.
Cohens v. Virginia: Federal Goverment (Supreme Court) asserted its power of judicial review over the states, and showed that the Federal Gov't could control state's individual rights.
McCulloch v Maryland: Andrew McCulloch was the defendant in McCulloch v. Maryland. McCulloch was the appointed manager of the Federal Bank located in Baltimore, Maryland.. Maryland sued McCulloch for the failure to pay the taxes that were due under the Maryland statute. The state court found for Maryland and McCulloch appealed.
Gibbons v Ogden: The New York Legislature had passed a law giving a monopoly on steamship travel in the state of New York to a group of investors, one being Ogden. Gibbons, another steamship trader, wanted to use the New York waterways for his business. He had been given federal permission but was denied access by the State of New York. Gibbons sued Ogden and Chief Justice John Marshall held that the New York monopoly was an unconstitutional interference with the power of Congress over interstate commerce.
Fletcher v Peck: Fletcher v. Peck grew out of the Georgia legislature’s crooked sale of land in the Yazoo River Country to private speculators. The next legislature, canceled the transaction, but the Court ruled that the sale was a binding contract, and according to the Constitution cannot be invalidated.
Dartmouth College v Woodward: New Hampshire's legislature attempted to change Dartmouth College’s charter, and they appointed the trustees' to the governor. The trustees sued, and Supreme Court ruled that the legislature was unconstitutional.
Cohens v Virginia: Cohens lived in DC, which had a lottery. He tried to sell tickets in Virginia and got arrested, since lotteries were illegal in Virginia. Cohens argued that the Federal government had found that selling lottery tickets was not illegal, and they trumped Virginia State law. Since DC was ruled by Congress, the DC lottery had the weight of Federal Law. Virginia convicted Cohens. He appealed to the US Supreme Court. The cases promote nationalism over sectionalism because each case was reviewed as to how it would benefit or hurt the nation all together, not just a state or individual.
McCulloh vs. Maryland: Banks were prohibited from issuing bank notes except upon stamped paper issued by the state. The cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes.
Gibbon vs. Ogden: The Court said that the federal commerce clause, in effect, outranked a state law that had granted a monopoly to one group of people. The U.S. Constitution had a commerce clause that allowed the federal government to regulate commerce, in this case trade, wherever it might be, including within the borders of a state.
Fletcher vs. Peck: The Supreme Court ruled that a grant to a private land company was a contract within the meaning of the Contract Clause of the Constitution, and once made could not be repealed.
Dartmouth College vs. Woodward: This further expanded the meaning of the contract clause of the Constitution. His decision placed important restrictions on the ability of state governments to control corporations.
Cohens v. Virginia: Supreme Court has jurisdiction over any national court ruling of constitutionality, and state laws that oppose the Constitution are void.
The correlation in the rulings are that they all are based on the ideal of a stronger national government instead of separate powers.
All of these cases show how the federal government has power over the states and are stronger in decisions made. No question who the power belongs to but are not unconstitutional
McCulloch v Marylandz: Maryland wanted to tax bank notes, which could destroy a branch of the national bank but didn't have the power to. The state must follow the federal government, and the state cannot tax a national bank. This decision enlarges federal power.
Gibbons v Ogden: New York wanted to issue a steamboat license to allow Ogden to go between New York and New Jersey which would give New York a monopoly on the area; and Gibbons had been doing so without a license already. They questioned if Does navigation count as commerce and if Congress could therefore regulate it? Found that only Congress has the power to regulate interstate commerce. This officially gave Congress the power to regulate commerce.
Fletcher v Peck: Land speculators bribed legislators to approve a land that the state can own, but the public wanted land back, and there was a contract. The question was can a state void a legal contract and the answer was no. This ruling further protects property rights.
Dartmouth College v Woodward: New Hampshire wanted to make the private Dartmouth College a state university, and the question do states have the right to nullify the obligations of a contract and the answer was no it was seen as being unconstitutional. This proved that t the states does not have the power to become involved in private business matters and contracts.
Cohens v Virginia: Cohens was found guilty by the state court of Virginia of selling lottery tickets illegally. The question was if the Supreme Court could use its power to review state court decisions in criminal law matters when the defendant claims that their Constitutional rights have been violated. This proved to be correct and showed that the Supreme Court is stronger than the state courts.
McCulloch v Maryland - The state of maryland tried to impose a tax on all noes of banks not chartered y Maryland. The law specifically targeted the Second Bank of the US. The court had to use the Necessary and Proper Clause of the Constitution. This case showed nationalism because it showed that the nation power is higher than the states power.
Gibbons v Ogden - A group of new york investors got a law passed that they had a monopoly on steamship travel in New York. Thomas Gibbons was giving permission to use the New York waterways for business by the federal government. The federal power overid the state power. It showed nationalism because the federal government could regulate commerce in the borders of a state and their powers were higher.
Fletcher v Peck - the Supreme Court ruled that a grant to a private land company was a contract within the meaning of the Contract Clause of the Constitution, and once made could not be repealed. Georgia violated the Contracted Clause because it tried to repeal the grant. This showed nationalism because the case marked the first time the Supreme Court struck down a state law on constitutional grounds.
Dartmouth College v Woodward - The problem was that New Hampshire was trying to change Dartmouth College into a public institution. The college were saying that the try of the change is violating the Constitutions Contract Clause which the official ruling said it was and Dartmouth college remained a private institution. This emphasized nationalism because it expressed that corporations are protected by the Constitution's Contract Clause.
Cohens v Virginia - The United States Congress authorized the selling of lottery tickets in the District of Columbia.The Cohen brothers began to sell lottery tickets in Virginia which violated the state law. The state authorities fined them $100. State courts believed that Virginia's law prohibiting lotteries could be enforced although congress authorized the selling of lottery tickets. VA's charges were upheld because congress only authoritized the selling in the District of Columbia. This showed nationalism because this case showed that the Supreme Court had jurisdiction in every case.
McCulloch v Maryland- was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.
Gibbons v Ogden- landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation
Fletcher v Peck- The first case in which the Supreme Court ruled a state law unconstitutional, the decision also helped create a growing precedent for the sanctity of legal contracts, and hinted that Native Americans did not hold title to their own lands.
Dartmouth College v Woodward- In 1816, the New Hampshire legislature attempted to change Dartmouth College-- a privately funded institution--into a state university. The legislature changed the school's corporate charter by transferring the control of trustee appointments to the governor. In an attempt to regain authority over the resources of Dartmouth College, the old trustees filed suit against William H. Woodward, who sided with the new appointees.
Cohens v Virginia- An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government. All these famous cases all promote nationalism because all the cases sentences showed the power of the nation not the individuals or groups.
McCulloch v. Maryland- In this court case Maryland imposed a tax that would force the 2nd United States bank in Maryland to pay taxes to the state. A cashier at this bank, McCulloch refused to do this and was sued for not complying.
Gibbons v. Ogden- In this court case Ogden had a monopoly to run Steamboats in a certain areas of New York and New Jersey. Gibbons got a license to run a ferry in New York waters which interfered with Ogden’s license. Oden then sued Gibbons.
Fletcher v. Peck- In this case the Georgia State Legislature passed a law giving territory to four companies. The next year, legislature abandoned the law and said that all claimed all rights under it were invalid. A man named John Peck got a part of this land that was in this original law. He then sold the land to Robert Fletcher three years later, saying that the first sales were valid. Fletcher argued that since the original sale of the land had been declared invalid, Peck had no legal right to sell the land and thus committed a breach of contract.
Dartmouth College v Woodward- In this case the State of New Hampshire passed a law converting it to a state-run college without the consent of the college board members. Later the New Hampshire Legislature charter was deemed unconstitutional and was considered to be a contract and could not be broken by the state.
Cohens v Virginia- In this case people were arrested for selling DC lottery tickets in VA when the state did not allow lotteries. People then appealed their conviction to the United States Supreme Court. Cohens was found guilty for selling these illegal tickets. He was taken to Supreme court.
All of these cases show Nationalism over Sectionalism by promoting the nation as a whole and not counting the state as a different part.
McCulloch v Maryland: The Second Bank of the United States was established pursuant to an 1816 act of Congress. McCulloch (D), the cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested the constitutionality of that act. The state court found for Maryland and McCulloch appealed. This asks the question does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution?
Gibbons v Ogden: New York had granted Ogden the right to navigate the waters between New York City and certain ports in New Jersey.Ogden (P) brought this lawsuit seeking an injunction to restrain Gibbons (D) from operating steam ships on New York waters in violation of his exclusive privilege. Ogden was granted the injunction and Gibbons appealed, asserting that his steamships were licensed under the Act of Congress entitled “An act for enrolling and licensing ships and vessels to be employed in the coasting trade and fisheries, and for regulating the same.” Gibbons asserted that the Act of Congress superseded the exclusive privilege granted by the state of New York. It showed nationalism because federal government had the power to regulate interstate commerce.
Fletcher v Peck: In 1795 legislators were bribed to sell land at a lower cost. When the issue came to light all transactions were nullified. Robert Fletcher purchased acres from John Peck for $3,000. Peck had said that the sell was constitutionally impaired by any subsequent act of the state of Georgia. Fletcher sued Peck to establish the constitutionality of the 1796 act; either the act was constitutional and the contract was void, or the act was unconstitutional and Fletcher had clear title to the land. Nationalism had won because the people that had re-selled.
Darthmouth College v Woodward: The New Hampshire legislature tried to change Dartmouth college. The legislature changed the schools corporate charter by transferring control to the governor. While doing that they were sued by the old trustees. The old trustees one and that means sectionalism won.
Cohens v Virgina: An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government.
McCulloch v. Maryland- Maryland passed legislation to issue taxes on the 2nd national bank. Cashier, James W. McCulloch refused to pay the taxes. Promoted nationalism by asking the question could a states law interfere with the congressional powers.
Gibbons v Ogden- New York made a law giving certain individuals the right to operate steamboats. Thomas Gibbons challenged the license given to Aaron Ogden. This promoted nationalism by saying that New York or no one state could exercise a right that is reserved for congress.
Fletcher v Peck- Georgia legislature gave land to individuals.Robert Fletcher was mad because the land he bought from John peck was voided by the state. This promoted nationalism because it said that the state was not allowed to violate the contract clause of the constitution.
Dartmouth College v Woodward- The New Hampshire legislature wanted to change Dartmouth College from private to a state university. The old trustees sued against that. This promoted nationalism by saying that a state did not have the right to interfere in a contract made by private parties.
Cohens v Virginia- The Cohen brothers sold lottery tickets which was a violation of state law. The Virginia legislature tried and convicted the brothers. This case promotes nationalism because it said that the U.S supreme court has the right to review state criminal proceedings.
McCulloch v Maryland – Congress chartered the Second Bank of the United States in 1816. The state of Maryland then proceeded to impose taxes on the bank, but James W. McCulloch, a cashier of the Baltimore branch, refused to pay the tax. The Supreme Court ruled unanimously that Congress did have the power to establish the bank and Maryland could not tax the bank because states cannot control the constitution.
Gibbons v Ogden – New York state law had given a monopoly over the steamboat business to Aaron Ogden. Thomas Gibbons challenged that monopoly license because he was operating under a federal coastal license. The Supreme Court ruled unanimously that New York’s licensing requirement was unconstitutional because it interfered with a Congressional ruling on interstate commerce.
Fletcher v Peck – Georgia state legislature passed a land grant, but later voided the law and declared all rights and claims made under it to be invalid. John Peck had acquired land under that land grant and sold it three years later to Robert Fletcher. Fletcher argued that Peck had no right to sell the land because the state had voided the law. The Supreme Court ruled that laws annulling contracts or grants made previously were unconstitutional.
Dartmouth College v Woodward – New Hampshire state legislature had attempted to change Dartmouth College into a state university. Dartmouth College argued that the state did not have the authority to do so. Supreme Court ruled that the state legislature could not interfere with a contract between two parties, such as the corporate charter that established Dartmouth College.
Cohens v Virginia – Congress established a lottery in the District of Columbia. The Cohen brothers then proceeded to sell tickets in the state of Virginia, violating state law. Virginia authorities tried and convicted the Cohens. The Supreme Court ruled that they indeed had the power to review state criminal proceedings if they involved constitutional questions. They then ruled that Virginia was correct to arrest the Cohens for violating state law.
Each of these cases ended on the side of the federal government, promoting nationalism in that they didn’t allow states to become more powerful than the central government was.
McCulloch v Maryland: Maryland issued an imposing tax on all banks in the state in 1816 and McCulloch got sued by the state for not complying with their law.
Gibbons v Ogden: New York granted certain rights for steamboat licenses and Thomas Ogden decided to challenge their rights.
Fletcher v Peck: Georgia gave individuals land and when Fletcher received his from Peck, it was voided by the state which pissed him off.
Dartmouth College v Woodward: The state of New Hampshire wanted to change Dartmouth from a private school to a state school and Dartmouth was not about to let that slide so they sued the state.
Cohens v Virginia: In the state of Virginia, selling lottery tickets were illegal and when the Cohen Brothers were caught selling them, the state tried and convicted them.
All in all the upcoming theme of these court cases is that the federal government promoted nationalism when they kept trying to step on the States' toes. In the constitution, the states can make their own rules AND over throw the federal government if need be.
McCulloch v. Maryland - the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause to create the Second Bank of the United States and that the state of Maryland didn't have the power to tax the Bank.
Gibbons v. Ogden- New York made a law giving certain people the right to operate steamboats. Thomas Gibbons challenged the license that was given to Aaron Ogden. The Court ruled that under that Congress had powers to regulate any aspect of commerce that crossed state lines.
Fletcher v Peck- the Court had to decide whether the Georgia legislature of 1796 could repeal the act of the previous legislature granting lands
Dartmouth College v Woodward- The New Hampshire legislature attempted to change Dartmouth College into a state university. Dartmouth College debated that the state didn't have the power to do that. The Supreme Court ruled that the state legislature could not interfere with a contract between two parties.
Cohens v Virginia- the court reaffirmed its right to review all state court judgments in cases under the federal Constitution or a law of the United States.
The following Supreme Court decisions reflect nationalism over sectionalism. The Supreme Court cases empowered the central government and expanded the power and independence of the Supreme Court. Supreme Court Justice John Marshall played an important role in establishing the independence of the Judicial Branch. Almost all of his rulings promoted commerce and favored the central government.
McCulloch v. Maryland (1819) – Establishes the supremacy of Federal law over state law. The state of Maryland imposed a tax on the Second Bank of the United States. The Supreme Court determined that Congress had the right to create the National Bank. As such, Maryland had no right to impede Congress from exercising its constitutional right.
Gibbons v. Ogden (1824) – Congress has the right to regulate interstate commerce. Ogden had a license from the state of New York that gave him a monopoly on steamboat transportation within the state. Gibbons, who also ran a steamboat company, ferried passengers from New Jersey to New York. Ogden attempted to prevent Gibbons from sending his boats into New York. The Supreme Court determined that Gibbons, who’s business had been licensed by Congress, had the right to operate in New York and Congress had the right to regulate interstate commerce.
Fletcher v. Peck (1810) – Established that states cannot alter contracts. This case was the first time that the Supreme Court ruled a state law unconstitutional. Georgia had claimed land within an Indian Reservation and sold it to speculators. Eventually voters found out that the deal had been secured through bribes and the sale of the land was repealed. Fletcher had bought a tract of land from Georgia and sold it to Peck. Peck then sued Fletcher with the complaint that he had been sold property which Fletcher didn’t truly own. The Supreme Court determined that although the land was sold illegally, once a contract was made it cannot be revoked.
Dartmouth College v. Woodward (1819) - The sanctity of contracts is reaffirmed. The New Hampshire legislature attempted to change Dartmouth College-- a privately funded institution--into a state university. The New Hampshire had attempted to take over Dartmouth College by revising its colonial charter. The Court ruled that the charter was protected under the contract clause of the U. S. Constitution; upholds the sanctity of contracts
Cohens v Virginia (1812) - Power to review state supreme court decisions in criminal law. The Cohen brothers bought lottery tickets in Washington but tried to sell them in Virginia, which was in violation of Virginia’s gambling laws. An Act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government.
McCulloch v. Maryland: The state of Maryland tried to tax a Congress chartered bank, which refused to pay the taxes. It was questioned whether Congress had the right to establish a bank and if a state could impose taxes upon the bank. The Supreme Court ruled that through unenumerated powers, Congress could establish a bank that could not be taxed by states.
Gibbons v. Ogden: The state of NY put an unreasonable fee on all steamboats that were out of state. It was questioned if a state had the right to regulate interstate commerce. The Supreme Court ruled that conducting interstate trade was a power reserved to the federal government.
Fletcher v. Peck: The state of Georgia granted land to four companies. A year later, the Georgia legislature ruled the land invalid and tried to take it back. It was questioned if a state legislature had the right to take back land and claim it invalid. The Supreme Court ruled that the Georgia legislature could not reevaluate a contract and claim it is invalid due to the Constitution not permitting ex post facto.
Dartmouth College v. Woodward: The New Hampshire legislature attempted to make Dartmouth (a private institution) into a public college. It was questioned whether a state legislature had the right to interfere with a college’s rights under the Contract Clause. The Supreme Court ruled that the college’s charter could not be interfered with and NH could not turn it into a public college.
Cohens v. Virginia: The Cohen brothers were arrested for illegally selling DC lottery tickets in the state of Virginia. It was questioned if the Supreme Court had the right to review a state court’s decision involving a dispute between two states. It was ruled that the Supreme Court had the jurisdiction to review a lower court’s decision because they could review anything with questioning constitutionality.
McCulloch vs Maryland: In this case Maryland attempted to tax the national bank with the use of issuing bank notes without complying to the Maryland law. It was ruled, by the Supreme Court, that federal law was superior to the states' law.
Gibbon vs Ogden: The New York Legislature passed a law giving a monopoly on steamship travel to a group of investors, among the group was Aaron Ogden. Gibbbon, another steamship trader, wanted access to New York waterways but was denied. It was decided that the federal commerce clause out ranked a state law that had granted a monopoly to one group of people.
Fletcher vs Peck: In Georgia a land grant was passed but the land grant was later voided. During this Peck sold some land to Fletcher but it was voided by the state.
Dartmouth College vs Woodward: The private school Dartmouth was attempted to be changed to a state school by the New Hampshire legislature. It was ruled unconstitutional by the Supreme Court due to the state's having no right to interfere with private matters.
Cohens vs Virginia: In Virginia the selling of lottery tickets was illegal. The Cohen brothers were selling them and got caught, Virginia tried and convicted the brothers. The Supreme Court ruled that the Virginia legislature was constitutional to convict the brothers.
While all these cases were different they all share something in common, all of them promote nationalism. They don't allow the state's to become more powerful than the central government. These cases were ruled by how the outcome will hurt or benefit the nation as a whole and not how the outcome will hurt or benefit the state.
McCulloch v. Maryland: The state of Maryland ratified a tax that would force the United States Bank in Maryland to pay taxes to the state. The cashier for the Baltimore, Maryland Bank, McCulloch, was sued for not complying with the Maryland state tax.
Gibbons v. Ogden: Ogden had a monopoly to operate steamboats in a certain area in New York and New Jersey. Gibbons operated steamboats there as well, so Ogden sought injunctive relief against Gibbons.
Fletcher v. Peck: A cause out of a series of well-known land frauds in Georgia. The Court had to decide whether the Georgia legislature of 1796 could repeal the act of the previous legislature granting lands under shady circumstances to the Yazoo Lands Companies. In a unanimous decision, Marshall said that a land grant was a valid contract and could not be repealed even if corruption was involved.
Dartmouth College v. Woodward: The King of England granted a charter to Dartmouth College in 1769. The document spelled out the purpose of the school, set up the structure to govern it, and gave land to the college. In 1816, the state legislature of New Hampshire passed laws that revised the charter. These laws changed the school from private to public. They also changed the duties of the trustees and how they were selected. The existing trustees filed suit. They claimed that the legislature violated the Constitution. They said that Article 1, Section 10, of the Constitution prevented a state from weakening or cancelling a contract.
Cohens v. Virginia: An all male military program in the state of Virginia created a parallel women’s program to remedy any unlawful treatment of women resulting from the all male military program’s admission policy.
These court cases all promote nationalism over sectionalism because they were looked upon based on the impact the ruling would have on the nation as a whole and not individual groups or states.
McCulloch vs Maryland: Maryland tried to issue a tax against out of state banks but it was directed at the branch of the national gov't in Maryland. Supreme court ruled this tax unconstitutional as it targeted a specific target. This established the power of the Necessary and Proper Clause.
Gibbons vs Ogden: A group of investors attempted to gain a monopoly on water trade routes be tween states. Supreme court ruled that only the gov't can regulate interstate trade not private ventures.
Fletcher vs Peck: A group of investors illegally purchased a patch of land and when the voters who allowed for the state to sell the land found out they attempted to void the contract. The supreme court ruled against the void establishing that states do not have the power to interfere with private contract.
Dartmouth College vs Woodward: The state of New Hampshire wanted dartmouth college to be converted into a public university instead of a private. The supreme court furthered the position that states have no right to interfere in private business.
Cohens vs Virginia: A man was convicted of selling fak lottery tickets and he appealed his conviction. Virginia claimed that the supreme court does not have jurisdiction over criminal proceedings. The supreme court ruled they did and this established the supreme courts authority over lower courts.
Each one of these cases supported the supreme courts power and supports nationalism.
McCulloch v Maryland - Maryland passed a law to impose taxes on The Second Bank of the United States. McCulloch refused to pay the tax. The court ruled that only the Congress had power to impose tax on government employed charter.
Gibbons v Ogden - Gibbons challenged the monopoly of steamboat license by questioning the authority of regulation of interstate commerce of New York. The court decided that it was unconstitutional to interfere with the power of federal government, therefore giving the right of interstate trade.
Fletcher v Peck - Georgia granted land to Peck but invalidate it on the following year. Peck tried to sell his land the Fletcher who argued that the land couldn't be sold since it was invalidated. The court ruled that once the land was granted, the state cannot take away the land.
Dartmouth College v Woodward - New Hampshire wanted to revise the private institution of Darmouth College into a state university. The court decision stated that a state does cannot interfere with private institution, therefore cannot change the Darmouth College.
Cohens v Virginia - A man was convicted by selling lottery tickets illegally in the state of Virginia, where the practice of lottery was illegal. The Supreme Court established its right to review the rulings from the lower courts.
Even though all the cases above are different, the decisions reflect on nationalism by supporting the ruling of the nation, instead of single group or state.
McCulloch vs Maryland:Maryland placed a tax on all banks in the state not chartered by the state; ruling: State of Maryland does not have the power to place a tax on and institution credited/created by congress
Gibbon vs Ogden: Ogden sued Gibbon for sailing steam boots on Ny waters which he told was his special privelage; Ruling: State cannot regulate interstate commerce, State does not have the power to grant exclusive rights to the state waterways
Fletcher vs Peck: FLetcher sued peck to establish the consitutionallity of the 1796 act; Ruling: law that negates all property rights established under an earlier law is unconstitutional for violating the Contract Clause
Dartmouth College vs Woodward: NH tried to change Dartmouth college which was a private university into a state university; Ruling: Colleges charter was a contract between private parties in which case the legislature could not interfere
Cohens vs Virginia: Cohen brothers sold D.C lottery tickets in Virginia, viloating state law Sate then declared themselves final arbitraters between the states and national government; ruling: COur held that the supreme court had jurisdiction to review state criminal proceedings
Nationalisim is prominent in these cases through the reoccuring trend of sticking to the constitution and not making exceptions for ceartin states
What does it mean for a state to be nationalist? What is the difference between patriotism and nationalism? How does one distinguish between "good" or "healthy" nationalism and "bad" or "unhealthy" nationalism? And how do we understand trends in contemporary society that seem to be indicative of an increasing tendency toward nationalistic attitudes?
McCulloh vs. Maryland: landmark rescission by the U.S Supreme Court. Maryland had attempted to impede operation of a branch of the second branch of the U.S by imposing taxes on all bank notes that were not charted in Maryland.
ReplyDeleteGibbon vs.Ogden: Supreme Court decision that stated that the U.S had the power to regulate interstate commerce, granted to congress by the commerce clause of the U.S constitution, encompassed the power to regulate navigation.
Fletcher vs. peck: Supreme Court ruled a grant to a private land company that was a contract wishing the meaning of a contract clause of the constitution and could not be repealed.
Dartmouth college vs. Woodward: landmark Supreme Court decision dealing with the application of the contract clause of the U.S to private cooperation's
Cohens vs. Virginia; the Supreme Court case that is remembered for the courts assertion of power to review states Supreme Court rulings in criminal law when the defendant claims their constitutional rights have been violated.
These famous cases all promote nationalism because the ruling in all cases is for the nations power not the individuals or groups.
McCulloch v. Maryland: McCulloch, the cashier of the Baltimore branch of the Bank of the US, issued bank notes without going along with the Maryland law. Maryland sued McCulloch for the failure to pay the taxes that were due under the Maryland statute. McCulloch challenged the act. The state court found for Maryland and McCulloch appealed.
ReplyDeleteGibbons v. Ogden: Ogden restrained Gibbons from operating steam ships on NY waters in violation of his exclusive privilege. Gibbons appealed, saying that his steamships were licensed under the Act of Congress. Gibbons asserted the Act of Congress replace the exclusive privilege granted by NY.
Fletcher v. Peck: Fletcher purchased land from Peck. Disregarding the 1796 statute, Peck placed an agreement in the deed that stated the title to the land had not been constitutionally impaired by any future act of the state of GA. Fletcher sued Peck to est. the constitutionality of the 1796 act - the act was constitutional and the contract was void, or the act was unconstitutional and Fletcher had clear title to the land.
Dartmouth College vs. Woodward: New Hampshire legislature attempted to change Dartmouth College into an university. Legislature changed the school's corporate charter by transferring the control of trustee appointments to the governor. To regain authority of the college, old trustees filed a suit against Woodward, who sided with the new trustees.
Cohens v. Virginia: Act of Congress authorized the operation of a lottery in D.C. The Cohen brothers proceeded to sell lottery tickets in VA, violating state law. State authorities tried and convicted the Cohens and declared themselves to be final arbiters of disputes between the state and national government.
These cases promoted nationalism over sectionalism because it affect the nation as a whole in some type of way and not just one part or section of the country.
McCulloch v Maryland: Maryland was trying to tax the national bank by issuing bank notes without complying with the Maryland law and Supreme Court ruled that federal law was stronger than the state law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested.
ReplyDeleteGibbons v Ogden: steamboat case that gave broad interpretation to "interstate commerce". The state of New York gave an exclusive license to Aaron Odgen to operate a steamboat to carry passengers from New York to New Jersey. The federal government gave Thomas Gibbons a license for the same route. Aaron Odgen sued and won in New York court. Thomas Gibbons took the case to the Supreme Court where they overturned the decision.
Fletcher v Peck: Supreme Court has the power to declare state laws unconstitutional (Yazoo Land Act) Robert Fletcher purchased 15,000 acres from John Peck in 1803 for $3,000. Peck, in spite of the 1796 statute, had placed a covenant in the deed that stated that the title to the land had not been constitutionally impaired by any subsequent act of the state of Georgia. Fletcher sued Peck to establish the constitutionality of the 1796 act.
Dartmouth College v Woodward: The King of England granted a charter to Dartmouth College. This document included the purpose of the school, set up the structure to govern it, and gave land to the college. The state legislature of New Hampshire passed laws that revised the charter. These laws changed the school from private to public. They changed the duties of the trustees. They changed how the trustees were selected. Trustees filed suit claiming that the legislature violated the Constitution.
Cohens v Virginia: Cohens found guilty of selling illegal D.C. lottery tickets in Virginia he was convicted, violating state law. He was taken to Supreme Court. Marshall stated the right of Supreme Court to review decisions of state Supreme Court.
The cases promote sectionalism over sectionalism because it viewed each case about how it would benefit or hurt the nation all together not a specific state or person.
I think you meant nationalism over sectionalism
DeleteMcCullough vs Maryland- Maryland tried to tax all other money that was not charted in Maryland. The Supreme Court found this against the Federal government. This supports federalism over sectionalism in that it denies to the states the power to deny a Federal power.
ReplyDeleteGibbons vs Ogden- New York gave Ogden the right to use a steamboat route, and the Federal government gave Gibbons the same right. Supreme Court ruled that the Gibbons could also use the route. This established the Federal government's enactment over the state's, further developing Federalism over sectionalism.
Fletcher vs Peck- Peck tried to sell Fletcher a plot of land, and in the contract he stated that the title of the land would not be impaired by any act of the Georgia government, which went against an act established in 1796. The Supreme Court declared that the Act was constitutional, and the contract was void. This demonstrates that the Federal government has the overall say in its laws, and that individuals can't disregard them just because they are not State laws.
Dartmouth College vs Woodward- New Hampshire's legislature tried to change Dartmouth's official charter, and they appointed the trustees' appointments to the governor. The trustees sued, and Supreme Court ruled that the legislature was unconstitutional.this showed that the Federal Government could overrule the individual state decisions via the Supreme Court, further demonstrating the idea of Federal over State.
Cohens vs Virginia- The Cohens tried to sell illegal DC lottery tickets in the state of Virginia. They were tried and convicted, but they claimed their rights were violated. The Supreme Court decided that it was unconstitutional to limit the flow of commerce given by the Constitution, and this showed that the Supreme Court could assert its power to review state courts' decisions, which in turn demonstrated how the Federal Government could maintain the States' individual powers
McCulloh vs. Maryland: Congress has power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause, and the State of Maryland does not have the power to tax an institution created by Congress pursuant to its powers under the Constitution.
ReplyDeleteGibbon vs.Ogden: A state may not pass legislation inconsistent with federal law which regulates a purely internal affair regarding trade or the police power, or is pursuant to a power to regulate interstate commerce concurrent with that of Congress.
Fletcher vs. peck: A law that negates all property rights established under an earlier law is unconstitutional for violating the Contract Clause of the United States Constitution.
Dartmouth College vs. Woodward: New Hampshire's legislature wanted to alter Dartmouth's official charter. Supreme Court ruled that it was unconstitutional. This demonstrates the rule of Federal over State.
Cohens v. Virginia: Federal Goverment (Supreme Court) asserted its power of judicial review over the states, and showed that the Federal Gov't could control state's individual rights.
McCulloch v Maryland: Andrew McCulloch was the defendant in McCulloch v. Maryland. McCulloch was the appointed manager of the Federal Bank located in Baltimore, Maryland.. Maryland sued McCulloch for the failure to pay the taxes that were due under the Maryland statute. The state court found for Maryland and McCulloch appealed.
ReplyDeleteGibbons v Ogden: The New York Legislature had passed a law giving a monopoly on steamship travel in the state of New York to a group of investors, one being Ogden. Gibbons, another steamship trader, wanted to use the New York waterways for his business. He had been given federal permission but was denied access by the State of New York. Gibbons sued Ogden and Chief Justice John Marshall held that the New York monopoly was an unconstitutional interference with the power of Congress over interstate commerce.
Fletcher v Peck: Fletcher v. Peck grew out of the Georgia legislature’s crooked sale of land in the Yazoo River Country to private speculators. The next legislature, canceled the transaction, but the Court ruled that the sale was a binding contract, and according to the Constitution cannot be invalidated.
Dartmouth College v Woodward: New Hampshire's legislature attempted to change Dartmouth College’s charter, and they appointed the trustees' to the governor. The trustees sued, and Supreme Court ruled that the legislature was unconstitutional.
Cohens v Virginia: Cohens lived in DC, which had a lottery. He tried to sell tickets in Virginia and got arrested, since lotteries were illegal in Virginia. Cohens argued that the Federal government had found that selling lottery tickets was not illegal, and they trumped Virginia State law. Since DC was ruled by Congress, the DC lottery had the weight of Federal Law. Virginia convicted Cohens. He appealed to the US Supreme Court.
The cases promote nationalism over sectionalism because each case was reviewed as to how it would benefit or hurt the nation all together, not just a state or individual.
McCulloh vs. Maryland: Banks were prohibited from issuing bank notes except upon stamped paper issued by the state. The cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes.
ReplyDeleteGibbon vs. Ogden: The Court said that the federal commerce clause, in effect, outranked a state law that had granted a monopoly to one group of people. The U.S. Constitution had a commerce clause that allowed the federal government to regulate commerce, in this case trade, wherever it might be, including within the borders of a state.
Fletcher vs. Peck: The Supreme Court ruled that a grant to a private land company was a contract within the meaning of the Contract Clause of the Constitution, and once made could not be repealed.
Dartmouth College vs. Woodward: This further expanded the meaning of the contract clause of the Constitution. His decision placed important restrictions on the ability of state governments to control corporations.
Cohens v. Virginia: Supreme Court has jurisdiction over any national court ruling of constitutionality, and state laws that oppose the Constitution are void.
The correlation in the rulings are that they all are based on the ideal of a stronger national government instead of separate powers.
All of these cases show how the federal government has power over the states and are stronger in decisions made. No question who the power belongs to but are not unconstitutional
ReplyDeleteMcCulloch v Marylandz: Maryland wanted to tax bank notes, which could destroy a branch of the national bank but didn't have the power to. The state must follow the federal government, and the state cannot tax a national bank. This decision enlarges federal power.
Gibbons v Ogden: New York wanted to issue a steamboat license to allow Ogden to go between New York and New Jersey which would give New York a monopoly on the area; and Gibbons had been doing so without a license already. They questioned if Does navigation count as commerce and if Congress could therefore regulate it? Found that only Congress has the power to regulate interstate commerce. This officially gave Congress the power to regulate commerce.
Fletcher v Peck: Land speculators bribed legislators to approve a land that the state can own, but the public wanted land back, and there was a contract. The question was can a state void a legal contract and the answer was no. This ruling further protects property rights.
Dartmouth College v Woodward: New Hampshire wanted to make the private Dartmouth College a state university, and the question do states have the right to nullify the obligations of a contract and the answer was no it was seen as being unconstitutional. This proved that t the states does not have the power to become involved in private business matters and contracts.
Cohens v Virginia: Cohens was found guilty by the state court of Virginia of selling lottery tickets illegally. The question was if the Supreme Court could use its power to review state court decisions in criminal law matters when the defendant claims that their Constitutional rights have been violated. This proved to be correct and showed that the Supreme Court is stronger than the state courts.
Commented by Bryce PM
McCulloch v Maryland - The state of maryland tried to impose a tax on all noes of banks not chartered y Maryland. The law specifically targeted the Second Bank of the US. The court had to use the Necessary and Proper Clause of the Constitution. This case showed nationalism because it showed that the nation power is higher than the states power.
ReplyDeleteGibbons v Ogden - A group of new york investors got a law passed that they had a monopoly on steamship travel in New York. Thomas Gibbons was giving permission to use the New York waterways for business by the federal government. The federal power overid the state power. It showed nationalism because the federal government could regulate commerce in the borders of a state and their powers were higher.
Fletcher v Peck - the Supreme Court ruled that a grant to a private land company was a contract within the meaning of the Contract Clause of the Constitution, and once made could not be repealed. Georgia violated the Contracted Clause because it tried to repeal the grant. This showed nationalism because the case marked the first time the Supreme Court struck down a state law on constitutional grounds.
Dartmouth College v Woodward - The problem was that New Hampshire was trying to change Dartmouth College into a public institution. The college were saying that the try of the change is violating the Constitutions Contract Clause which the official ruling said it was and Dartmouth college remained a private institution. This emphasized nationalism because it expressed that corporations are protected by the Constitution's Contract Clause.
Cohens v Virginia - The United States Congress authorized the selling of lottery tickets in the District of Columbia.The Cohen brothers began to sell lottery tickets in Virginia which violated the state law. The state authorities fined them $100. State courts believed that Virginia's law prohibiting lotteries could be enforced although congress authorized the selling of lottery tickets. VA's charges were upheld because congress only authoritized the selling in the District of Columbia. This showed nationalism because this case showed that the Supreme Court had jurisdiction in every case.
McCulloch v Maryland- was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.
ReplyDeleteGibbons v Ogden- landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation
Fletcher v Peck- The first case in which the Supreme Court ruled a state law unconstitutional, the decision also helped create a growing precedent for the sanctity of legal contracts, and hinted that Native Americans did not hold title to their own lands.
Dartmouth College v Woodward- In 1816, the New Hampshire legislature attempted to change Dartmouth College-- a privately funded institution--into a state university. The legislature changed the school's corporate charter by transferring the control of trustee appointments to the governor. In an attempt to regain authority over the resources of Dartmouth College, the old trustees filed suit against William H. Woodward, who sided with the new appointees.
Cohens v Virginia- An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government.
All these famous cases all promote nationalism because all the cases sentences showed the power of the nation not the individuals or groups.
McCulloch v. Maryland- In this court case Maryland imposed a tax that would force the 2nd United States bank in Maryland to pay taxes to the state. A cashier at this bank, McCulloch refused to do this and was sued for not complying.
ReplyDeleteGibbons v. Ogden- In this court case Ogden had a monopoly to run Steamboats in a certain areas of New York and New Jersey. Gibbons got a license to run a ferry in New York waters which interfered with Ogden’s license. Oden then sued Gibbons.
Fletcher v. Peck- In this case the Georgia State Legislature passed a law giving territory to four companies. The next year, legislature abandoned the law and said that all claimed all rights under it were invalid. A man named John Peck got a part of this land that was in this original law. He then sold the land to Robert Fletcher three years later, saying that the first sales were valid. Fletcher argued that since the original sale of the land had been declared invalid, Peck had no legal right to sell the land and thus committed a breach of contract.
Dartmouth College v Woodward- In this case the State of New Hampshire passed a law converting it to a state-run college without the consent of the college board members. Later the New Hampshire Legislature charter was deemed unconstitutional and was considered to be a contract and could not be broken by the state.
Cohens v Virginia- In this case people were arrested for selling DC lottery tickets in VA when the state did not allow lotteries. People then appealed their conviction to the United States Supreme Court. Cohens was found guilty for selling these illegal tickets. He was taken to Supreme court.
All of these cases show Nationalism over Sectionalism by promoting the nation as a whole and not counting the state as a different part.
McCulloch v Maryland: The Second Bank of the United States was established pursuant to an 1816 act of Congress. McCulloch (D), the cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested the constitutionality of that act. The state court found for Maryland and McCulloch appealed. This asks the question does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution?
ReplyDeleteGibbons v Ogden: New York had granted Ogden the right to navigate the waters between New York City and certain ports in New Jersey.Ogden (P) brought this lawsuit seeking an injunction to restrain Gibbons (D) from operating steam ships on New York waters in violation of his exclusive privilege. Ogden was granted the injunction and Gibbons appealed, asserting that his steamships were licensed under the Act of Congress entitled “An act for enrolling and licensing ships and vessels to be employed in the coasting trade and fisheries, and for regulating the same.” Gibbons asserted that the Act of Congress superseded the exclusive privilege granted by the state of New York. It showed nationalism because federal government had the power to regulate interstate commerce.
Fletcher v Peck: In 1795 legislators were bribed to sell land at a lower cost. When the issue came to light all transactions were nullified. Robert Fletcher purchased acres from John Peck for $3,000. Peck had said that the sell was constitutionally impaired by any subsequent act of the state of Georgia. Fletcher sued Peck to establish the constitutionality of the 1796 act; either the act was constitutional and the contract was void, or the act was unconstitutional and Fletcher had clear title to the land. Nationalism had won because the people that had re-selled.
Darthmouth College v Woodward: The New Hampshire legislature tried to change Dartmouth college. The legislature changed the schools corporate charter by transferring control to the governor. While doing that they were sued by the old trustees. The old trustees one and that means sectionalism won.
Cohens v Virgina: An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government.
McCulloch v. Maryland- Maryland passed legislation to issue taxes on the 2nd national bank. Cashier, James W. McCulloch refused to pay the taxes. Promoted nationalism by asking the question could a states law interfere with the congressional powers.
ReplyDeleteGibbons v Ogden- New York made a law giving certain individuals the right to operate steamboats. Thomas Gibbons challenged the license given to Aaron Ogden. This promoted nationalism by saying that New York or no one state could exercise a right that is reserved for congress.
Fletcher v Peck- Georgia legislature gave land to individuals.Robert Fletcher was mad because the land he bought from John peck was voided by the state. This promoted nationalism because it said that the state was not allowed to violate the contract clause of the constitution.
Dartmouth College v Woodward- The New Hampshire legislature wanted to change Dartmouth College from private to a state university. The old trustees sued against that. This promoted nationalism by saying that a state did not have the right to interfere in a contract made by private parties.
Cohens v Virginia- The Cohen brothers sold lottery tickets which was a violation of state law. The Virginia legislature tried and convicted the brothers. This case promotes nationalism because it said that the U.S supreme court has the right to review state criminal proceedings.
McCulloch v Maryland – Congress chartered the Second Bank of the United States in 1816. The state of Maryland then proceeded to impose taxes on the bank, but James W. McCulloch, a cashier of the Baltimore branch, refused to pay the tax. The Supreme Court ruled unanimously that Congress did have the power to establish the bank and Maryland could not tax the bank because states cannot control the constitution.
ReplyDeleteGibbons v Ogden – New York state law had given a monopoly over the steamboat business to Aaron Ogden. Thomas Gibbons challenged that monopoly license because he was operating under a federal coastal license. The Supreme Court ruled unanimously that New York’s licensing requirement was unconstitutional because it interfered with a Congressional ruling on interstate commerce.
Fletcher v Peck – Georgia state legislature passed a land grant, but later voided the law and declared all rights and claims made under it to be invalid. John Peck had acquired land under that land grant and sold it three years later to Robert Fletcher. Fletcher argued that Peck had no right to sell the land because the state had voided the law. The Supreme Court ruled that laws annulling contracts or grants made previously were unconstitutional.
Dartmouth College v Woodward – New Hampshire state legislature had attempted to change Dartmouth College into a state university. Dartmouth College argued that the state did not have the authority to do so. Supreme Court ruled that the state legislature could not interfere with a contract between two parties, such as the corporate charter that established Dartmouth College.
Cohens v Virginia – Congress established a lottery in the District of Columbia. The Cohen brothers then proceeded to sell tickets in the state of Virginia, violating state law. Virginia authorities tried and convicted the Cohens. The Supreme Court ruled that they indeed had the power to review state criminal proceedings if they involved constitutional questions. They then ruled that Virginia was correct to arrest the Cohens for violating state law.
Each of these cases ended on the side of the federal government, promoting nationalism in that they didn’t allow states to become more powerful than the central government was.
McCulloch v Maryland: Maryland issued an imposing tax on all banks in the state in 1816 and McCulloch got sued by the state for not complying with their law.
ReplyDeleteGibbons v Ogden: New York granted certain rights for steamboat licenses and Thomas Ogden decided to challenge their rights.
Fletcher v Peck: Georgia gave individuals land and when Fletcher received his from Peck, it was voided by the state which pissed him off.
Dartmouth College v Woodward: The state of New Hampshire wanted to change Dartmouth from a private school to a state school and Dartmouth was not about to let that slide so they sued the state.
Cohens v Virginia: In the state of Virginia, selling lottery tickets were illegal and when the Cohen Brothers were caught selling them, the state tried and convicted them.
All in all the upcoming theme of these court cases is that the federal government promoted nationalism when they kept trying to step on the States' toes. In the constitution, the states can make their own rules AND over throw the federal government if need be.
McCulloch v. Maryland - the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause to create the Second Bank of the United States and that the state of Maryland didn't have the power to tax the Bank.
ReplyDeleteGibbons v. Ogden- New York made a law giving certain people the right to operate steamboats. Thomas Gibbons challenged the license that was given to Aaron Ogden. The Court ruled that under that Congress had powers to regulate any aspect of commerce that crossed state lines.
Fletcher v Peck- the Court had to decide whether the Georgia legislature of 1796 could repeal the act of the previous legislature granting lands
Dartmouth College v Woodward- The New Hampshire legislature attempted to change Dartmouth College into a state university. Dartmouth College debated that the state didn't have the power to do that. The Supreme Court ruled that the state legislature could not interfere with a contract between two parties.
Cohens v Virginia- the court reaffirmed its right to review all state court judgments in cases under the federal Constitution or a law of the United States.
The following Supreme Court decisions reflect nationalism over sectionalism. The Supreme Court cases empowered the central government and expanded the power and independence of the Supreme Court. Supreme Court Justice John Marshall played an important role in establishing the independence of the Judicial Branch. Almost all of his rulings promoted commerce and favored the central government.
ReplyDeleteMcCulloch v. Maryland (1819) – Establishes the supremacy of Federal law over state law. The state of Maryland imposed a tax on the Second Bank of the United States. The Supreme Court determined that Congress had the right to create the National Bank. As such, Maryland had no right to impede Congress from exercising its constitutional right.
Gibbons v. Ogden (1824) – Congress has the right to regulate interstate commerce. Ogden had a license from the state of New York that gave him a monopoly on steamboat transportation within the state. Gibbons, who also ran a steamboat company, ferried passengers from New Jersey to New York. Ogden attempted to prevent Gibbons from sending his boats into New York. The Supreme Court determined that Gibbons, who’s business had been licensed by Congress, had the right to operate in New York and Congress had the right to regulate interstate commerce.
Fletcher v. Peck (1810) – Established that states cannot alter contracts. This case was the first time that the Supreme Court ruled a state law unconstitutional. Georgia had claimed land within an Indian Reservation and sold it to speculators. Eventually voters found out that the deal had been secured through bribes and the sale of the land was repealed. Fletcher had bought a tract of land from Georgia and sold it to Peck. Peck then sued Fletcher with the complaint that he had been sold property which Fletcher didn’t truly own. The Supreme Court determined that although the land was sold illegally, once a contract was made it cannot be revoked.
Dartmouth College v. Woodward (1819) - The sanctity of contracts is reaffirmed. The New Hampshire legislature attempted to change Dartmouth College-- a privately funded institution--into a state university. The New Hampshire had attempted to take over Dartmouth College by revising its colonial charter. The Court ruled that the charter was protected under the contract clause of the U. S. Constitution; upholds the sanctity of contracts
Cohens v Virginia (1812) - Power to review state supreme court decisions in criminal law. The Cohen brothers bought lottery tickets in Washington but tried to sell them in Virginia, which was in violation of Virginia’s gambling laws. An Act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government.
McCulloch v. Maryland: The state of Maryland tried to tax a Congress chartered bank, which refused to pay the taxes. It was questioned whether Congress had the right to establish a bank and if a state could impose taxes upon the bank. The Supreme Court ruled that through unenumerated powers, Congress could establish a bank that could not be taxed by states.
ReplyDeleteGibbons v. Ogden: The state of NY put an unreasonable fee on all steamboats that were out of state. It was questioned if a state had the right to regulate interstate commerce. The Supreme Court ruled that conducting interstate trade was a power reserved to the federal government.
Fletcher v. Peck: The state of Georgia granted land to four companies. A year later, the Georgia legislature ruled the land invalid and tried to take it back. It was questioned if a state legislature had the right to take back land and claim it invalid. The Supreme Court ruled that the Georgia legislature could not reevaluate a contract and claim it is invalid due to the Constitution not permitting ex post facto.
Dartmouth College v. Woodward: The New Hampshire legislature attempted to make Dartmouth (a private institution) into a public college. It was questioned whether a state legislature had the right to interfere with a college’s rights under the Contract Clause. The Supreme Court ruled that the college’s charter could not be interfered with and NH could not turn it into a public college.
Cohens v. Virginia: The Cohen brothers were arrested for illegally selling DC lottery tickets in the state of Virginia. It was questioned if the Supreme Court had the right to review a state court’s decision involving a dispute between two states. It was ruled that the Supreme Court had the jurisdiction to review a lower court’s decision because they could review anything with questioning constitutionality.
McCulloch vs Maryland: In this case Maryland attempted to tax the national bank with the use of issuing bank notes without complying to the Maryland law. It was ruled, by the Supreme Court, that federal law was superior to the states' law.
ReplyDeleteGibbon vs Ogden: The New York Legislature passed a law giving a monopoly on steamship travel to a group of investors, among the group was Aaron Ogden. Gibbbon, another steamship trader, wanted access to New York waterways but was denied. It was decided that the federal commerce clause out ranked a state law that had granted a monopoly to one group of people.
Fletcher vs Peck: In Georgia a land grant was passed but the land grant was later voided. During this Peck sold some land to Fletcher but it was voided by the state.
Dartmouth College vs Woodward: The private school Dartmouth was attempted to be changed to a state school by the New Hampshire legislature. It was ruled unconstitutional by the Supreme Court due to the state's having no right to interfere with private matters.
Cohens vs Virginia: In Virginia the selling of lottery tickets was illegal. The Cohen brothers were selling them and got caught, Virginia tried and convicted the brothers. The Supreme Court ruled that the Virginia legislature was constitutional to convict the brothers.
While all these cases were different they all share something in common, all of them promote nationalism. They don't allow the state's to become more powerful than the central government. These cases were ruled by how the outcome will hurt or benefit the nation as a whole and not how the outcome will hurt or benefit the state.
McCulloch v. Maryland: The state of Maryland ratified a tax that would force the United States Bank in Maryland to pay taxes to the state. The cashier for the Baltimore, Maryland Bank, McCulloch, was sued for not complying with the Maryland state tax.
ReplyDeleteGibbons v. Ogden: Ogden had a monopoly to operate steamboats in a certain area in New York and New Jersey. Gibbons operated steamboats there as well, so Ogden sought injunctive relief against Gibbons.
Fletcher v. Peck: A cause out of a series of well-known land frauds in Georgia. The Court had to decide whether the Georgia legislature of 1796 could repeal the act of the previous legislature granting lands under shady circumstances to the Yazoo Lands Companies. In a unanimous decision, Marshall said that a land grant was a valid contract and could not be repealed even if corruption was involved.
Dartmouth College v. Woodward: The King of England granted a charter to Dartmouth College in 1769. The document spelled out the purpose of the school, set up the structure to govern it, and gave land to the college. In 1816, the state legislature of New Hampshire passed laws that revised the charter. These laws changed the school from private to public. They also changed the duties of the trustees and how they were selected. The existing trustees filed suit. They claimed that the legislature violated the Constitution. They said that Article 1, Section 10, of the Constitution prevented a state from weakening or cancelling a contract.
Cohens v. Virginia: An all male military program in the state of Virginia created a parallel women’s program to remedy any unlawful treatment of women resulting from the all male military program’s admission policy.
These court cases all promote nationalism over sectionalism because they were looked upon based on the impact the ruling would have on the nation as a whole and not individual groups or states.
McCulloch vs Maryland: Maryland tried to issue a tax against out of state banks but it was directed at the branch of the national gov't in Maryland. Supreme court ruled this tax unconstitutional as it targeted a specific target. This established the power of the Necessary and Proper Clause.
ReplyDeleteGibbons vs Ogden: A group of investors attempted to gain a monopoly on water trade routes be tween states. Supreme court ruled that only the gov't can regulate interstate trade not private ventures.
Fletcher vs Peck: A group of investors illegally purchased a patch of land and when the voters who allowed for the state to sell the land found out they attempted to void the contract. The supreme court ruled against the void establishing that states do not have the power to interfere with private contract.
Dartmouth College vs Woodward: The state of New Hampshire wanted dartmouth college to be converted into a public university instead of a private. The supreme court furthered the position that states have no right to interfere in private business.
Cohens vs Virginia: A man was convicted of selling fak lottery tickets and he appealed his conviction. Virginia claimed that the supreme court does not have jurisdiction over criminal proceedings. The supreme court ruled they did and this established the supreme courts authority over lower courts.
Each one of these cases supported the supreme courts power and supports nationalism.
McCulloch v Maryland - Maryland passed a law to impose taxes on The Second Bank of the United States. McCulloch refused to pay the tax. The court ruled that only the Congress had power to impose tax on government employed charter.
ReplyDeleteGibbons v Ogden - Gibbons challenged the monopoly of steamboat license by questioning the authority of regulation of interstate commerce of New York. The court decided that it was unconstitutional to interfere with the power of federal government, therefore giving the right of interstate trade.
Fletcher v Peck - Georgia granted land to Peck but invalidate it on the following year. Peck tried to sell his land the Fletcher who argued that the land couldn't be sold since it was invalidated. The court ruled that once the land was granted, the state cannot take away the land.
Dartmouth College v Woodward - New Hampshire wanted to revise the private institution of Darmouth College into a state university. The court decision stated that a state does cannot interfere with private institution, therefore cannot change the Darmouth College.
Cohens v Virginia - A man was convicted by selling lottery tickets illegally in the state of Virginia, where the practice of lottery was illegal. The Supreme Court established its right to review the rulings from the lower courts.
Even though all the cases above are different, the decisions reflect on nationalism by supporting the ruling of the nation, instead of single group or state.
McCulloch vs Maryland:Maryland placed a tax on all banks in the state not chartered by the state; ruling: State of Maryland does not have the power to place a tax on and institution credited/created by congress
ReplyDeleteGibbon vs Ogden: Ogden sued Gibbon for sailing steam boots on Ny waters which he told was his special privelage; Ruling: State cannot regulate interstate commerce, State does not have the power to grant exclusive rights to the state waterways
Fletcher vs Peck: FLetcher sued peck to establish the consitutionallity of the 1796 act; Ruling: law that negates all property rights established under an earlier law is unconstitutional for violating the Contract Clause
Dartmouth College vs Woodward: NH tried to change Dartmouth college which was a private university into a state university; Ruling: Colleges charter was a contract between private parties in which case the legislature could not interfere
Cohens vs Virginia: Cohen brothers sold D.C lottery tickets in Virginia, viloating state law Sate then declared themselves final arbitraters between the states and national government; ruling: COur held that the supreme court had jurisdiction to review state criminal proceedings
Nationalisim is prominent in these cases through the reoccuring trend of sticking to the constitution and not making exceptions for ceartin states
What does it mean for a state to be nationalist? What is the difference between patriotism and nationalism? How does one distinguish between "good" or "healthy" nationalism and "bad" or "unhealthy" nationalism? And how do we understand trends in contemporary society that seem to be indicative of an increasing tendency toward nationalistic attitudes?
ReplyDelete10 Writing Tips & Tricks to Boost Your Academic Performance