Checks and Balances

1. Checks and Balances Part 1: 1777 to 1870 “Mankind, when left to themselves, are unfit for their own government.” -George Washington Connor Dougherty, Natalya Bondarchuk, and Lynn Yip

2. Formation of American Government Articles of Confederation adopted, 1777- weak system. Powers: Declare war/treaties, determine each state’s war contribution, admit new states, borrow money Lacked ability to levy taxes, raise troops, or regulate commerce Constitution drafted, 1787- Concept of “checks and balances” established -Strong central government which had control over states George Washington becomes President, 1789 Has complete power to determine what role a President should take. -Two term tradition -Creates Judiciary branch (1789-Judiciary Act) -Bill of Rights added to the Constitution (1791)

3. Formation of American Government Judiciary Act, 1789- established the structure and jurisdiction of the federal court system and created the position of attorney general. Although amended throughout the years by Congress, the basic outline of the federal court system established by the First Congress remains largely intact today. 1791- Bill of Rights- These first 10 Amendments to the Constitution establish a series of basic rights that protect American liberty and prosperity. Judiciary Act, 1801-This act established the organization of the U.S. federal court system, which had been sketched only in general terms in the U.S. Constitution. The act established a three-part judiciary, made up of district courts, circuit courts, and the Supreme Court, and outlined the structure and jurisdiction of each branch.

4. Marshall Court 1801- John Marshall appointed Chief Justice Marbury v. Madison, 1803- Establishes judicial review. the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself. McCulloch v. Maryland, 1819- The Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy."

5. Marshall Court Dartmouth College v. Woodward, 1819- Rules that a state cannot interfere with the obligation of a valid contract. Gibbons v. Ogden, 1824 –Congress has the power to regulate interstate commerce. (Commerce Clause of Constitution)

6. Election of Andrew Jackson, 1828- Supports the “common man” Uses veto excessively, spoils system, expands power of presidency. Spoils system, 1829- hiring based on political support Indian Removal Act, 1830 Allows for forced removal of Indians. Veto of Maysville Road bill, 1830 Jackson vetoed the bill on the grounds that federal funding of intrastate projects of this nature was unconstitutional. He declared that such bills violated the principle that the government shouldn't be an economic affair. Jackson also pointed out that funding for these kinds of projects interfered with the paying off of the national debt. Worcester v. Georgia, 1832- Supports tribal sovereignty, but it is still constitutional to remove Indians from native grounds. Veto of Second Bank of the United States, 1832- Jackson finds it unconstitutional to put so much of the nation’s finances into one institution. Specie Circular, 1836- requires payment for government land to be made in gold or silver. Causes severe inflation and price increases. Age of Jackson

7. Lincoln/Johnson Lincoln’s Ten Percent Plan, 1863 Southern states can be reinstated if 10% swear oath of allegiance to US. Wade-Davis Act, 1864 Stated that majority of southern state must swear oath that they’ve never supported the Confederacy in the past. Pocket vetoed by Lincoln, who wanted to use his more lenient 10 percent plan. Presidential Reconstruction, 1865–1867 Lincoln assassinated in 1865. Johnson grants full pardons to S. states. Civil Rights Act- 1866- the Act declared that people born in the United States and not subject to any foreign power are entitled to be citizens, without regard to race, color, or previous condition of slavery or involuntary servitude. 13th Amendment- outlaws slavery 14th Amendment- provides due process under the law and equally provides all constitutional rights to all citizens of this country, regardless of race, sex, religious beliefs and creed.

8. Andrew Johnson Tenure of Office Act, 1867 – Passed over Johnson’s veto.Requires president to consult with House and Senate before removing cabinet members. Attempts to restrict powers. Radical Reconstruction, 1867–1877- Congress declares martial law in south. Has complete control over the area. Military Reconstruction Act 1867- reduces southern states to conquered territory status. Second reconstruction Act- places Union troops in charge of voter registration to ensure the right for blacks to vote in the South. Johnson impeached, 1868- Johnson violates Tenure of Office Act by removing Edwin Stanton, Secretary of War, from the cabinet.