Week 4 Day 2

Today we finished up the documentary and worksheet on the Supreme Court and took a quiz on Chapters 9-12 on Edmodo. The test on the block day will have questions on the documentary as well.

The rest of the documentary was about various court cases that enhanced and solidified the judicial branch's power and authority. In all the cases, the Supreme Court ruled that federal power wins over state powers.

Years before, the Georgia Legislature sold many acres of land for about one cent per acre. The land went to four big landholders, who then sold it to others for a much higher price. It was not known until later that all the legislators had been bribed to sell the land for cheap. People were furious and the new legislature wanted to take the land back. What made this more complicated was that the land had, at this point, been sold to people unrelated to the scam. The people who now owned the land did not want to give it back and sued, which became the Fletcher v. Peck case. The question the Supreme Court had to consider was whether or not legislature can take back land that has been sold. The Supreme Court ruled that the legislature cannot interfere in private affairs such as this. John Marshall believed that the legislature had attacked order and private property and that people had the right to acquire and keep land. The ruling stated that states cannot void contracts. Marshall wanted to protect the basic rights of property and contract, as well as individual rights.

The Second Bank of the United States had its charter renewed and was charged with creating a more uniform currency. However, the bank was actually a private enterprise run by private shareholders, and competed with local banks. The bank became very unpopular, especially when the economy got worse. The situation got so bad that Maryland decided to pass a bill that would tax the bank set up by the federal government in Maryland. McCulloch refused to pay the tax and sued Maryland. He lost in the Maryland court, but then appealed to the Supreme Court. The Supreme Court knocked down the Maryland tax and stated that the bank is constitutional because of the "necessary and proper" clause. The Supreme Court did not let the tax stand because with the power to tax comes the power to destroy. This ruling clearly declared that states cannot tax the federal government and do not have the right to destroy part of the federal government.

Jefferson was furious at this and accused the Supreme Court of taking away state sovereignty. He encouraged states to assert their rights. The Supreme Court believed that the national government was founded by the people, not by the states, and that it was for the people.

During the time of the McCulloch v. Maryland case, Virginia's economy had been falling apart, making Virginians more pessimistic and paranoid. When they learned of this ruling, they worried that it would open the door to Congress eventually abolishing slavery and pushing states around. The states would be powerless to oppose this because it had been made clear in the McCulloch v. Maryland case that the federal government is supreme over the states.

The quiz is 20 questions long and has a time limit of 10 minutes. The questions are not multiple choice, so answers have to be typed in.