Jackson used the Constitution to benefit himself when he vetoed the national bank, even after the Supreme Court had already ruled that the bank was constitutional. When South Carolina declared a reduced tariff void and threatened to secede, President Jackson responded in an unconstitutionally. He threatened to send militia to enforce the tariff and the Jacksonian Congress passed a bill approving this military force, if necessary. This was in direct violation of the Constitution. They continued to violate the Constitution by placing censors on the mail and intercepting abolitionist literature or mail into or from the south.
Jackson makes a strong statement by passing the “1833 Force Bill”, that the position of John C. Calhoun and also his home state (South Carolina) are unconstitutional. It is also made clear by Jackson that he, as president, is prepared to back up his ideals, even with force, if necessary. By his handling of “The 1832-1841 Bank War”, Jackson further advanced his demanding constructionist position. Looking in Article I, section 8 of the Constitution, authority to create a national bank given to congress is nowhere to be found. Jackson effectively takes apart what he had viewed as a “monopoly of the foreign and domestic exchange” that had not been “compatible with justice, with sound policy, or with the Constitution of our country.” (Document B) Jackson’s stance on the Bank of the United States also provides an explanation of his commitment to political democracy.
Jefferson believed the creation of the National Bank was unconstitutional. In the article “Jefferson and the Louisiana Purchase” the author argues, “While it a National Bank was not expressly mentioned in the Constitution, Hamilton felt that the elastic clause (Art I., Sect. 8, Clause 18) gave the government the power to create such a body. Jefferson completely disagreed. He felt that all powers given to the National Government were enumerated.
He then branded nullification as treason. Congress reduced the tariff in 1833, defusing the crisis. The Second Bank of the United States was a corporation controlled by Congress to ensure a national paper currency, and manage government's banking. Similar to Thomas Jefferson, Jackson believed such a bank to be dangerous and corrupt. In 1832, he vetoed a bill to extend the Bank's charter beyond its scheduled expiration in 1836.
As stated in the McCulloh v. Maryland “the necessary and proper clause gave Congress the right to charter the bank and that if the states could tax the bank, they could also destroy it.” Jackson ultimately disregarded this court decision made by the Supreme Court that the national bank was constitutional. He also defies the Supreme Court by enforcing the Indian Removal Act seeing as he did not hold up their treaty with the Native Americans, denying the interpretation of the treaty. Jackson had no valid reason to kick the Native Americans out of the land they owned first. He forced them to move because of the color of their skin. He did not recognize the Native Americans as citizens and only wanted them out of it because he believed that the land belonged to the white people.
Southerners thought that the industrialization of the north would lead to the downfall of the southern agrarian economy. They named the tariff the "Tariff of Abominations"(Coit 11). Vice-President John C. Calhoun of South Carolina led the movement of people who thought that "a combined geographical interest should not be able to disregard the general welfare and turn an important local interest to its own profit"(Coit 12). Calhoun was not for the secession of South Carolina so he tried to think of a substitute. He borrowed an idea evolved by Thomas Jefferson and James Madison in the Kentucky and Virginia Resolutions of 1798 and 1799.
Industry had not completely taken over in those areas, and because the tariff would limit trade in the New England ports, it would directly effect the New England economy. Webster took a strong stand in opposing this tariff for these very reasons, he in order to maintaining the well being of the northern states. Webster also stood against Clay's insistence for better transportation amongst the states. He went along with the New England belief that better roads would encourage migration towards the lands of the West, therefore dwindling the population of the Northern states. John Calhoun, a representative from South Carolina, also played a large roll in the congressional debates in the early 1800's.
In the nullification crisis, Webster took a valid stance against Senator Hayne in which he proved that the constitutionality of the law is determined by the Supreme Court and states have no right to null or void laws nor are they sovereign from the union. While in the nullification crisis Webster did not stand down, the Compromise of 1850 proved to be the breaking point between the North and the South, if a compromise was not achieved the future of a civil war was inevitable. During Webster’s career it is evident that his political beliefs lied in the benefit of the country as a whole, by maintaining a strong centralized front Webster was able to reserve the legality of the constitution, preserve the union, and avert a civil war, even if it ultimately caused him to loose his popularity with the people of the country.
The tariff was revised and lowered. South Carolina then took the nullification off of the tariff and placed it onto the Force Bill as a symbol of their ability to get what they want. This showed a lack in federal power, especially after Jackson’s actions with Georgia and the Trail of Tears. It also allowed for the seed of thought for slave states to secede if any act was passed outlawing slavery. The third wrong of Jackson during his presidency was destroying the bank with the bank war.
The war between Jackson and Biddle erupted in 1832, when Daniel Webster and Henry Clay presented Congress with a bill to renew the Bank of the United States’ charter. The re-charter bill was passed through Congress, but was vetoed by President Jackson. The veto not only stopped the bank bill, but increased the power of the President. Jackson said that the bank was unconstitutional, but was actually saying that he personally found it harmful to the nation. The Supreme Court had said that the Bank of the U.S. was constitutional earlier.