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The Constitution in Congress: Substantive Issues in the First Congress, 1789-1791 David P
The University of Chicago Law Review VOLUME 61 NUMBER 3 SUMMER 1994 of Chicago © 1994 by The University The Constitution in Congress: Substantive Issues in the First Congress, 1789-1791 David P. Curriet Judicial review of legislative and executive action has been such a success in the United States that we tend to look exclu- sively to the courts for guidance in interpreting the Constitution. The stock of judicial precedents is rich, accessible, and familiar, but it does not exhaust the relevant materials. Members of Congress and executive officers, no less than judges, swear to uphold the Constitution, and they interpret it every day in making and applying the law.' Like judges, they often engage in t Edward H. Levi Distinguished Service Professor and Interim Dean, The University of Chicago Law School. The author wishes to thank the Kirkland & Ellis Faculty Research Fund, the Mayer, Brown & Platt Faculty Research Fund, the Morton C. Seeley Fund, the Raymond & Nancy Goodman Feldman Fund, and the Sonnenschein Faculty Research Fund for financial support; Charlene Bangs Bickford, Kenneth R. Bowling, and Helen E. Veit of the First Federal Congress Project for access to hitherto unpublished reports of the debates; Kenneth Bowling, Gerhard Casper, Richard Posner, and Richard Ross for invalu- able advice and encouragement; and Keith Garza for exemplary research assistance. ' "M[T]he whole business of Legislation," said Representative Theodore Sedgwick in 1791, "was a practical construction of the powers of the Legislature. ." Gales & Seaton, eds, 2 Annals of Congress 1960 (1791) ("Annals"). See generally Frank H. Easterbrook, PresidentialReview, 40 Case W Res L Rev 905 (1989-90); Jefferson Powell, ed, Languages of Power: A Source Book of Early American ConstitutionalHistory xi-xii (Carolina Aca- demic Press, 1991). -
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INCIDENTAL PROTECTION: AN EXAMINATION OF THE MORRILL TARIFF Jane Flaherty Thxa,c A&M University ABSTRACT Historians refer to the Morrill Tariff as the first statement of the nascent Republican party’s protectionist agenda, yet an analysis of the measure re veals that this enduring icon of historiography needs modification. Imple mented as a direct response to the fiscal crisis created by the Buchanan administration, the Morrill Tariff represents a bipartisan effort to augment federal revenue for a depleted Treasury. Both President James Buchanan and many of his Democratic colleagues in Congress urged revising the Tar iff of 1857 to arrest the growth of the federal deficit. However, the bitter rhetoric that accompanied the secession crisis has obscured the true nature of this short-lived, but important, revenue measure. An examination of the Morrill Tariff and the circumstances surrounding its passage demonstrate that it re-established the rates from the free trade Tariff of 1846 while pro viding incidental protection for select industries, a practice accepted, even advocated, by the Democratic party for over a decade. President Buchanan James Buchanan’s election to the presidency in 1856 proved a disappointing, if not disastrous, climax to an illustrious political career. He represented Pennsylvania in the House of Representatives from 1821-1831 and the Senate from 1834-1845. During his congressional career, he emerged as a leading, though never dynamic, spokesman for the Jacksonian Democratic principles of sound money, frugal government, and strict adherence to the Constitution. Though Buchanan served honorably in the Con gress, he distinguished himself through his foreign service as the minister to Russia from 1831-1833, secretary of state during the administration ofJames K. -
Missouri Compromise (1820) • Compromise Sponsored by Henry Clay
Congressional Compromises and the Road to War The Great Triumvirate Henry Clay Daniel Webster John C. Calhoun representing the representing representing West the North the South John C. Calhoun •From South Carolina •Called “Cast-Iron Man” for his stubbornness and determination. •Owned slaves •Believed states were sovereign and could nullify or reject federal laws they believed were unconstitutional. Daniel Webster •From Massachusetts •Called “The Great Orator” •Did not own slaves Henry Clay •From Kentucky •Called “The Great Compromiser” •Owned slaves •Calmed sectional conflict through balanced legislation and compromises. Missouri Compromise (1820) • Compromise sponsored by Henry Clay. It allowed Missouri to enter the Union as a Slave State and Maine to enter as a Free State. The southern border of Missouri would determine if a territory could allow slavery or not. • Slavery was allowed in some new states while other states allowed freedom for African Americans. • Balanced political power between slave states and free states. Nullification Crisis (1832-1833) • South Carolina, led by Senator John C. Calhoun declared a high federal tariff to be null and avoid within its borders. • John C. Calhoun and others believed in Nullification, the idea that state governments have the right to reject federal laws they see as Unconstitutional. • The state of South Carolina threatened to secede or break off from the United States if the federal government, under President Andrew Jackson, tried to enforce the tariff in South Carolina. Andrew Jackson on Nullification “The laws of the United States, its Constitution…are the supreme law of the land.” “Look, for a moment, to the consequence. -
Chapter 6: Federalists and Republicans, 1789-1816
Federalists and Republicans 1789–1816 Why It Matters In the first government under the Constitution, important new institutions included the cabinet, a system of federal courts, and a national bank. Political parties gradually developed from the different views of citizens in the Northeast, West, and South. The new government faced special challenges in foreign affairs, including the War of 1812 with Great Britain. The Impact Today During this period, fundamental policies of American government came into being. • Politicians set important precedents for the national government and for relations between the federal and state governments. For example, the idea of a presidential cabinet originated with George Washington and has been followed by every president since that time • President Washington’s caution against foreign involvement powerfully influenced American foreign policy. The American Vision Video The Chapter 6 video, “The Battle of New Orleans,” focuses on this important event of the War of 1812. 1804 • Lewis and Clark begin to explore and map 1798 Louisiana Territory 1789 • Alien and Sedition • Washington Acts introduced 1803 elected • Louisiana Purchase doubles president ▲ 1794 size of the nation Washington • Jay’s Treaty signed J. Adams Jefferson 1789–1797 ▲ 1797–1801 ▲ 1801–1809 ▲ ▲ 1790 1797 1804 ▼ ▼ ▼ ▼ 1793 1794 1805 • Louis XVI guillotined • Polish rebellion • British navy wins during French suppressed by Battle of Trafalgar Revolution Russians 1800 • Beethoven’s Symphony no. 1 written 208 Painter and President by J.L.G. Ferris 1812 • United States declares 1807 1811 war on Britain • Embargo Act blocks • Battle of Tippecanoe American trade with fought against Tecumseh 1814 Britain and France and his confederacy • Hartford Convention meets HISTORY Madison • Treaty of Ghent signed ▲ 1809–1817 ▲ ▲ ▲ Chapter Overview Visit the American Vision 1811 1818 Web site at tav.glencoe.com and click on Chapter ▼ ▼ ▼ Overviews—Chapter 6 to 1808 preview chapter information. -
Congressional Research Service Annual Report Fiscal Year 2009 2 Message from the Director
Congressional Research Service Annual Report Fiscal Year 2009 Year Fiscal Report Annual Service Research Congressional Congressional Research Service Annual Report Fiscal Year 2009 Washington, DC 20540-7000 Washington, 101 Independence Avenue, SE Avenue, 101 Independence The Library of Congress 2 Message from the Director 42 ServiceDirector’s to MessageCongress 74 ServiceLegislative to CongressSupport 336 ManagementLegislative SupportInitiatives 3928 TechnologyManagement & Information Initiatives Resources 4032 Appendixes 52 New CRS Products in FY2009 Modified Annual Report of the Congressional Research Service of the Library of Congress for Fiscal Year 2009 to the Joint Committee on the Library, United States Congress, pursuant to Section 321 Public Law 91-510 Congressional Research Service Annual Report Fiscal Year 2009 Fiscal year 2009 was an eventful one for the nation and Congress, and so it was for the Congressional Research Service. Director’s Message Director’s As Congress addressed major issues and issues such as the financing of current public users to more easily find products, services, enacted historic legislation, CRS was there programs, potential legislative alternatives, and and experts. CRS implemented its Authoring every step of the way, analyzing problems the role and effectiveness of prevention and and Publishing system, featuring a customized and assessing policy options in support of an wellness programs. Experts prepared analyses authoring tool and an improved process for informed national legislature. of five different -
Chapter 4: Federalists and Republicans, 1789-1816
Unit The Young Republic 1789–1850 CHAPTER 4 Federalists and Republicans 1789–1816 CHAPTER 5 Growth and Division 1816–1832 CHAPTER 6 The Spirit of Reform 1828–1845 CHAPTER 7 Manifest Destiny 1840–1848 Why It Matters Internal improvements and industrial development began to transform the United States in the early 1800s, but these changes also highlighted the growing differences between the North and South and set the stage for civil war. At the same time, Americans fought a war with Mexico and continued to expand west, building a nation that stretched from the Atlantic to the Pacific. 150 Winterthur Museum The bustle and excitement of an Election Day in Philadelphia in the early 1800s 151 Chapter FFederalistsederalists andand Republicans 1789–1816 SECTION 1 Washington and Congress SECTION 2 Partisan Politics SECTION 3 Jefferson in Office SECTION 4 The War of 1812 This detail from Jean Leon Gerome Ferris’s painting Washington’s Inauguration at Independence Hall, 1793 shows Washington being greeted by John Adams and Thomas Jefferson. 1804 • Lewis and Clark begin to explore the 1789 Louisiana Purchase • Washington Washington J. Adams Jefferson 1797–1801 1801–1809 becomes 1789–1797 1794 1803 president • Jay’s Treaty • Louisiana Purchase is signed doubles size of the nation U.S. PRESIDENTS U.S. EVENTS 1790 1795 1800 WORLD EVENTS 1789 1793 1798 • French • Louis XVI is • Quasi-War between Revolution guillotined during France and the US begins French Revolution begins 152 Chapter 4 Federalists and Republicans MAKING CONNECTIONS Why Do People Form Political Parties? The Constitution does not mention political parties, and the Founders thought they were a bad idea in a democ- racy, yet almost immediately after the federal govern- ment was created, political parties began to take shape. -
Open Mangiaracina James Crisisinfluence.Pdf
THE PENNSYLVANIA STATE UNIVERSITY SCHREYER HONORS COLLEGE DEPARTMENT OF HISTORY THE INFLUENCE OF THE 1830s NULLIFICATION CRISIS ON THE 1860s SECESSION CRISIS JAMES MANGIARACINA SPRING 2017 A thesis submitted in partial fulfillment of the requirements for a baccalaureate degree in History with honors in History Reviewed and approved* by the following: Amy Greenberg Edwin Erle Sparks Professor of History and Women’s Studies Thesis Supervisor Mike Milligan Senior Lecturer in History Honors Adviser * Signatures are on file in the Schreyer Honors College. i ABSTRACT This thesis aims to connect the constitutional arguments for and against secession during the Nullification Crisis of 1832 with the constitutional arguments for and against secession during the Secession Crisis of 1860-1861. Prior to the Nullification Crisis, Vice President John C. Calhoun, who has historically been considered to be a leading proponent of secession, outlined his doctrine of nullification in 1828. This thesis argues that Calhoun’s doctrine was initially intended to preserve the Union. However, after increasingly high protective tariffs, the state delegates of the South Carolina Nullification Convention radicalized his version of nullification as expressed in the Ordinance of Nullification of 1832. In response to the Ordinance, President Andrew Jackson issued his Proclamation Regarding Nullification. In this document, Jackson vehemently opposed the notion of nullification and secession through various constitutional arguments. Next, this thesis will look at the Bluffton Movement of 1844 and the Nashville Convention of 1850. In the former, Robert Barnwell Rhett pushed for immediate nullification of the new protective Tariff of 1842 or secession. In this way, Rhett further removed Calhoun’s original intention of nullification and radicalized it. -
South Carolina's Partisan
SOWING THE SEEDS OF DISUNION: SOUTH CAROLINA’S PARTISAN NEWSPAPERS AND THE NULLIFICATION CRISIS, 1828-1833 by ERIKA JEAN PRIBANIC-SMITH A DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Communication and Information Sciences in the Graduate School of The University of Alabama TUSCALOOSA, ALABAMA 2010 Copyright Erika Jean Pribanic-Smith, 2010 ALL RIGHTS RESERVED ABSTRACT Ultimately the first state to secede on the eve of the Civil War, South Carolina erupted in controversy following the 1828 passage of an act increasing duties on foreign imports for the protection of domestic industry. Most could agree that the tariff was unconstitutional, unequal in that it benefited the industrial North more than the agrarian South, and oppressive to plantation states that had to rely on expensive northern goods or foreign imports made more costly by the duties. Factions formed, however, based on recommended means of redress. Partisan newspapers of that era became vocal supporters of one faction or the other. What became the Free Trade Party by the end of the Nullification Crisis began as a loosely-organized group that called for unqualified resistance to what they perceived as a gross usurpation of power by the federal government. The Union Party grew out of a segment of the population that was loyal to the government and alarmed by their opposition’s disunion rhetoric. Strong at the start due to tariff panic and bolstered by John C. Calhoun’s “South Carolina Exposition and Protest,” the Free Trade Party lost ground when the Unionists successfully turned their overzealous disunion language against them in the 1830 city and state elections. -
The Free-Trade Doctrine and Commercial Diplomacy of Condy Raguet
Bowdoin College Bowdoin Digital Commons Economics Department Working Paper Series Faculty Scholarship and Creative Work 5-11-2011 The Free-Trade Doctrine and Commercial Diplomacy of Condy Raguet Stephen Meardon Bowdoin College, [email protected] Follow this and additional works at: https://digitalcommons.bowdoin.edu/econpapers Part of the Economic History Commons, and the Political Economy Commons Recommended Citation Meardon, Stephen, "The Free-Trade Doctrine and Commercial Diplomacy of Condy Raguet" (2011). Economics Department Working Paper Series. 1. https://digitalcommons.bowdoin.edu/econpapers/1 This Working Paper is brought to you for free and open access by the Faculty Scholarship and Creative Work at Bowdoin Digital Commons. It has been accepted for inclusion in Economics Department Working Paper Series by an authorized administrator of Bowdoin Digital Commons. For more information, please contact [email protected]. THE FREE-TRADE DOCTRINE AND COMMERCIAL DIPLOMACY OF CONDY RAGUET Stephen Meardon Department of Economics, Bowdoin College May 11, 2011 ABSTRACT Condy Raguet (1784-1842) was the first Chargé d’Affaires from the United States to Brazil and a conspicuous author of political economy from the 1820s to the early 1840s. He contributed to the era’s free-trade doctrine as editor of influential periodicals, most notably The Banner of the Constitution. Before leading the free-trade cause, however, he was poised to negotiate a reciprocity treaty between the United States and Brazil, acting under the authority of Secretary of State and protectionist apostle Henry Clay. Raguet’s career and ideas provide a window into the uncertain relationship of reciprocity to the cause of free trade. -
Tariffs, Trade Wars, and Protective Barriers: Should Louisianans Be Worried?
Tariffs, Trade Wars, and Protective Barriers: Should Louisianans be Worried? Dr. Albert D. Clark, JD, Professor Southern University – Baton Rouge, College of Business About the Author: - Dr. Clark is a Professor in the Department of Management and Marketing at Southern University (Baton Rouge). He teaches courses in Legal Environment, Employment Law, and Business and Professional Ethics. Abstract: This paper is designed to give an overview as to how Tariffs as proposed and enacted by our current Federal Government came about and why citizens both in the U.S. and in the State of Louisiana might be affected. Introduction The short answer to the question is Yes, both in the short and long term. Doing the recent 2018 G7 Summit held in Quebec, U.S. President Donald Trump held a news conference in which he gave his views on American Foreign Policy as it relates to tariffs, protective barriers, and subsidies. The purpose of the G7 summit was to bring together the G7 countries which include, The United States, Canada, Britain, Germany, France, Italy and Japan. The G7 partners were to discuss mutual ways in which these countries, as allies and trade partners, could benefit each other through good trade practices. Canada, Mexico, and the United States, as part of NAFTA (North American Free Trade Agreement), would also be considered in any trade negotiations. President Trump considers current global trade practices to be imbalanced and totally unfair to the U.S. This imbalance has been stacked against U.S. farmers, businesses, and corporations for decades. Agriculture and mid-west farmers are starting to feel the burn and fear that retaliatory tariffs by other countries against them and their products will have an immediate negative impact on their bottom lines. -
Congressional Record-House. May 25
3312 CONGRESSIONAL RECORD-HOUSE. MAY 25, Louis and elsewhere, have been stopped and are now stopped from Mr. ED~fUNDS. We will look at. t,hat, and t.ake it up by and by, doing their \York, which is very important, not onlJ:" to th_em.but to if necessary. the community. The case hasl.Jeen very thoroughly mvest1gared and The PRESIDENT pro ·tempore. Pursuant to order, legislative and it is thought by the Commissioner that these men did not viol:1te the executive business will be suspended and the Senate will proceed- law, but there is some little obscurity about it. Mr. D.A.VIS. I think the bill had better be sent back to me, and I M1·. ED~1UNDS. If the State of Missouri is deprived of tha.t most will1·eport it to-morrow morning. · useful beverage, vinegar, I certainly cannot stand in the way of the Mr. EDMUNDS. It can be passed by and by. There is no need to bill being taken up; and I withdraw my call for the regular order sencl it ba{}k, for the time being. Mr. DAVIS. I withdraw the report. Mr. BOGY. I move to take up House bill No. 1800. Mr. EDMUNDS. I call for the regula~ order. The motion was agreed to; and the bill (H. R. No.1800) for there The PRESIDENT JYI'O ternpo1'e. Pursuant to order, legislative and lief of Kendrick & Avis; Kuner, Zisemann & Zott; Kuner & Zott, all executive business will be suspended and the Senate will proceed to of Saint Louis, :Missouri; and Nachtrieb & Co., of Galion, Ohio, was the consideration of the articles of impea{)hment exhibited by the considered as in Committee of the Whole. -
Adam Smith and ‘Invisible Hand’ Theory
Munich Personal RePEc Archive An analysis of the U.S. budget and job market with proposed solutions Zambrano, Joshua David 26 November 2012 Online at https://mpra.ub.uni-muenchen.de/96255/ MPRA Paper No. 96255, posted 02 Oct 2019 12:03 UTC An Analysis of the U.S. Budget and Job Market with Proposed Solutions By Joshua Zambrano All Rights Reserved. Fixing the U.S. Budget ..................................................................................... 4 Health .......................................................................................................... 5 Social Security ............................................................................................. 5 Military ........................................................................................................ 6 Income Security ........................................................................................... 7 Problem 1: Entitlement Spending ................................................................. 7 Solution: Change Benefit Ages ............................................................................. 8 Problem 2: Military Spending ..................................................................... 10 Solution: Return Troops ..................................................................................... 11 Sources....................................................................................................... 14 Communism vs. Anarchy ............................................................................... 15 Adam