Federal Authority and its Opponents: Judicial Federalism, the Bank War, Tariff Controversy, and States' Rights Debates

King Andrew During his two terms in office Andrew Jackson exercised his veto power more than any other President before him. His opponents saw this use as excessive and unwarranted. In 1832 President Jackson vetoed a bill that would have established a second bank of the United States. This bill was seen as a political move on the part of Jackson's opponents. President Jackson strongly opposed a second bank and made his feelings on the situation well known.

Veto Message Regarding the Bank of the United States In his veto message to the Senate, Andrew Jackson outlines his grievances with the charter of the second bank of the United States. Jackson sites the problems that will arise from investment in the Bank by only 25 people and foreign entities. He is fearful of the political and economic ramifications of a second bank.

Tariff of 1828 In 1828, Vice President John C. Calhoun began to differ with Andrew Jackson over the question of states' rights. While Jackson began supporting the federal government vis-a-vis the states, Calhoun took the oppositie view. When the Tariff of 1828 was imposed, Calhoun was opposed to such an act. He drafted a speech to air his greviances. "With these views the committee are solemnly of the impression, if the present usurpations and the professed doctrines of the existing system be persevered in, after due forebearance on the part of the State, that it will be her sacred duty to interposes duty to herself, to the Union, to the present, and to future generations, arid to the cause of liberty over the world, to arrest the progress of a usurpation which, if not arrested, must, in its consequences, corrupt the public morals and destroy the liberty of the country. "

Tariff of 1832 In order to keep peace with the South and to prevent succession, in particular that of South Carolina, Andrew Jackson proposed a new tariff. This tariff was slightly lower than that of 1828, but was not low enough to appease the south. South Carolina continued to threaten nullification in response to the two tariffs. In this proclamation, Andrew Jackson defends his tariffs and declares nullification illegal.

The Debates over States' Rights At the height of the Tariff Controversy, debates began about the rights of states. In his inaugural address as Governor of South Carolina, Robert Y. Hayne (1791-1839) outlines the reasons his state has for nullification. One of the main reasons sited is the unwarranted tariffs put into place by Andrew Jackson.

Antifederalist No. 17 In opposition to Federal authority Brutus, describes the limitations that the Constitution places on state authority. In particular, he sites that articles one and eight make it clear that there is no need for state governments "It appears from these articles, that there is no need of any intervention of the State governments, between the Congress and the people, to execute any one power vested in the general government, and that the Constitution and laws of every State are nullified and declared void, so far as they are or shall be inconsistent with this Constitution, or the laws made in pursuance of it, or with treaties made under the authority of the United States. The government, then, so far as it extends, is a complete one, and not a confederation. It is as much one complete government as that of New York or Massachusetts; has as absolute and perfect powers to make and execute all laws, to appoint officers, institute courts, declare offenses, and annex penalties, with respect to every object to which it extends, as any other in the world. "

Judiciary Act of 1789 The Judiciary Act of 1789, the first act of Congress, establishes the federal courts system. The Act outlines the jurisdiction and duties of the courts. In particular, section 25, describes the courts jurisdiction and power of final say over all matters, including those of individual states. "the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-examined, and reversed or affirmed in the Supreme Court of the United States upon a writ of error,"

Antifederalist No. 22 In the Antifederalist No. 22, Candidus, writes about the alternatives to a federal Constitution. This plan outlines seven suggestions for the Constitution; including judicial power and states' rights. "The advocates for the Constitution, have always assumed an advantage by saying, that their opposers have never offered any plan as a substitute; the following outlines are therefore submitted, not as originating from an individual, but as copied from former resolutions of Congress, and united with some parts of the Constitution proposed by the respectable convention."

Federalist No. 39 James Madison shows his support for the federal judiciary in the Federalist No. 39. He describes what constitutes a republican government and it’s components and strengths; including a federal judiciary or as he refers to it a “tribunal.” "What, then, are the distinctive characters of the republican form? Were an answer to this question to be sought, not by recurring to principles, but in the application of the term by political writers, to the constitution of different States, no satisfactory one would ever be found… "