Malcolm Rivera
Andrew Jackson, the seventh president of the United States, has been described as a law-defying, law-obeying citizen. Jackson's relationship with the Constitution was complex and often contradictory. He was censured by Congress in 1834 for allegedly violating the Constitution, and he also faced a censure motion for his refusal to supply documents related to his veto of a congressional move to recharter the Second Bank of the United States. Jackson's supporters had the motion expunged from Senate records in 1837. He also allegedly defied the Supreme Court, challenging the Court's authority in cases such as Worcester v. Georgia and McCulloch v. Maryland. Jackson's actions, such as illegally declaring martial law in New Orleans and signing the Indian Removal Act, which led to the forced relocation of Native American tribes and the Trail of Tears, have been widely debated by historians and legal scholars.
| Characteristics | Values |
|---|---|
| Passed the Indian Removal Act | Authorized the President to negotiate removal treaties with Native American tribes living east of the Mississippi River |
| Illegally declared martial law in New Orleans | N/A |
| Invaded Spanish Florida and executed British citizens | N/A |
| Removed federal deposits from the Bank of the United States | N/A |
| Challenged the Supreme Court's authority in Worcester v. Georgia | N/A |
| Was the first president to face a censure motion | N/A |
| Signed a protectionist tariff bill into law | N/A |
| Believed in a strict construction of the Constitution and states' rights | N/A |
| Believed in the supremacy of the federal government when the Constitution had delegated power to it | N/A |
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What You'll Learn
Andrew Jackson's veto of the Bank Recharter Bill
In 1832, Andrew Jackson vetoed the re-charter of the Second Bank of the United States. The Bank's supporters in Congress had reauthorized the bank, four years before its twenty-year charter was set to expire, in an attempt to pressure Jackson into making a decision before the 1832 election, in which he would face Henry Clay.
Jackson, a critic of the bank, vetoed the bill and issued a lengthy address defending his decision on policy and constitutional grounds. He argued that the bank's charter was unfair because it gave the bank considerable market power, specifically in markets that moved financial resources around the country and into and out of other nations. This market power increased the bank's profits and, thus, its stock price, which Jackson claimed gave millions of dollars to the stockholders, who were mostly "foreigners" and "our own opulent citizens".
Jackson believed that some of the powers and privileges possessed by the bank were "unauthorized by the Constitution, subversive of the rights of the States, and dangerous to the liberties of the people". He suggested that it would be fairer to most Americans to create a wholly government-owned bank instead, or at least to auction the Second Bank's monopoly privileges to the highest bidder.
Jackson's veto meant that the Bank would soon have to wind up its affairs. This action also violated the Bank's charter, as Jackson maintained that the president could declare a law unconstitutional even if it had passed Congress and been approved by the Supreme Court.
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The Indian Removal Act
Andrew Jackson was a controversial figure in American history, with historians debating his character and impact on the nation. He was known for his contradictory nature, and his relationship with the law and Constitution is a significant aspect of his presidency. One of the most notable ways in which Jackson influenced the Constitution was through the Indian Removal Act of 1830.
The implementation of the Indian Removal Act had devastating consequences for Native American tribes. During the fall and winter of 1838-1839, the Cherokees were forcibly removed from their homes and made to walk as many as 1,000 miles over a four-month period. This event, known as the "Trail of Tears", resulted in the deaths of approximately 4,000 out of 16,000 Cherokees. By the 1840s, nearly all Indian tribes had been driven west, with more than 60,000 Native Americans from at least 18 tribes forcibly relocated.
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The Trail of Tears
Andrew Jackson was a controversial figure in American history, with a complex relationship with the law and the Constitution. He was censured by the US Senate in 1834, the first-ever censure motion against a sitting President, for allegedly violating the Constitution. Jackson's actions, such as declaring martial law in New Orleans, invading Spanish Florida, and defying the Supreme Court, were often illegal but justified as being in the nation's best interest.
One of the most infamous episodes of Jackson's presidency was the Trail of Tears, the forced displacement of around 60,000 people of the "Five Civilized Tribes" between 1830 and 1850. This included members of the Cherokee, Muscogee, Seminole, Chickasaw, and Choctaw nations, who were removed from their ancestral homelands in the Southeast to Indian Territory west of the Mississippi River. The roots of this forced relocation lay in American settlers' greed for land and the myth of the "Vanishing Indian," which justified removal policies by portraying declining Indigenous populations as an inevitable natural process.
While Jackson was not the sole architect of the removal policy, he played a significant role in its implementation. In 1830, he signed the Indian Removal Act, which authorized the President to negotiate removal treaties with Indian tribes. The negotiation of the Treaty of New Echota, which became the legal basis for the Trail of Tears, was largely encouraged by Jackson. Despite opposition from most Cherokee people and the Cherokee National Council, the treaty was ratified by the Senate in 1836, leading to the forced removal of the Cherokees in 1838.
In 1987, the US Congress designated the Trail of Tears as a National Historic Trail to commemorate the suffering and loss endured by the Indigenous peoples during their forced relocation.
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Presidential censure
On March 28, 1834, the U.S. Senate censured President Andrew Jackson, marking a pivotal moment in the nation's history. This censure motion, led by Henry Clay, arose from a contentious battle over the Second Bank of the United States. Jackson, known for his strong convictions and controversial actions, vetoed a congressional move to recharter the bank in 1832, sparking intense debate. Clay's censure resolution asserted that Jackson had "assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both."
The censure of President Jackson stands out as a rare occurrence in American history, with only a handful of other presidents facing similar resolutions. The power of Congress to censure a sitting president has always been a subject of debate, and the word "censure" is notably absent from the Constitution. Jackson himself was acutely aware of this, and the censure motion sparked a broader discussion about the interpretation of the Constitution and the limits of presidential power.
Jackson's complex relationship with the Constitution is a topic that historians and legal scholars continue to explore. He is known for his belief in a strict construction of the Constitution and his dedication to states' rights. However, he also held a strong conviction that when the Constitution delegated power to the federal government, it must be supreme. This perspective set the stage for his controversial actions, such as his implementation of the Indian Removal Act, which resulted in the forced relocation of Native American tribes, including the tragic "Trail of Tears."
The Indian Removal Act of 1830, signed into law by Jackson, authorized the President to negotiate removal treaties with Native American tribes east of the Mississippi River. This act led to the displacement of thousands of Native Americans, who were forced to leave their ancestral homelands and endure arduous journeys to unfamiliar territories. The Cherokee Nation, in particular, suffered immense losses, with approximately 4,000 out of 16,000 Cherokees perishing along the Trail of Tears.
Beyond the Indian Removal Act, Jackson's presidency was marked by other controversial actions, including his alleged defiance of the Supreme Court in the Worcester v. Georgia case and his declaration of martial law in New Orleans. These incidents fueled ongoing debates about the limits of presidential power and the interpretation of the Constitution. Jackson's supporters viewed his actions as necessary for the nation's best interests, while critics accused him of violating the Constitution.
In conclusion, the presidential censure of Andrew Jackson highlights the complex dynamics between the executive branch and Congress, as well as the evolving interpretations of the Constitution. Jackson's presidency continues to be a subject of scholarly interest, offering valuable insights into the nature of power, the limits of presidential authority, and the ongoing struggle to balance states' rights with federal supremacy.
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Questioning the Supreme Court's authority
Andrew Jackson, the seventh president of the United States, was a controversial figure who was not afraid to question the Supreme Court's authority and take actions that some considered unconstitutional.
One notable example of Jackson's defiance of the Supreme Court was in the case of Worcester v. Georgia (1832). The case revolved around Georgia's attempt to apply state laws to Cherokee lands, and the Supreme Court ruled against Georgia's authority to do so. Jackson, who was dedicated to Indian removal, allegedly challenged the Supreme Court's ruling, stating, "John Marshall has made his decision; now let him enforce it." While there is little evidence to support this quotation, it reflects Jackson's attitude towards the Supreme Court's authority.
In addition to the Worcester v. Georgia case, Jackson also challenged the Supreme Court's authority in McCulloch v. Maryland (1819). In this case, the Supreme Court ruled that the Bank of the United States was constitutional, but Jackson disagreed and vetoed a congressional move to re-charter the bank in 1832. This led to a censure motion against Jackson, which was passed by the Senate in 1834. The censure motion accused Jackson of "assuming upon himself authority and power not conferred by the Constitution and laws, but in derogation of both."
Jackson's supporters later had the censure motion expunged from the Senate records in 1837. However, Jackson's controversial actions and viewpoints continued to spark debates among historians and legal scholars even today. Some, like Robert Remini, argue that Jackson was a great leader and symbol of a burgeoning mass democracy. Others, like Andrew Burstein, portray Jackson as a vainglorious bully with no vision for the nation.
Jackson's relationship with the Constitution and the law was complex. He believed in a strict construction of the Constitution and states' rights, but also felt that when the Constitution delegated power to the federal government, it had to be supreme. This belief in the supremacy of the federal government in certain situations led to conflicts with other political figures, such as John C. Calhoun, who argued for states' rights to nullify federal laws they deemed unconstitutional.
In conclusion, Andrew Jackson's presidency was marked by a questionable interpretation of the Constitution and a willingness to challenge the Supreme Court's authority. His actions and viewpoints continue to spark debates and raise questions about the nature of power and leadership in American life.
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Frequently asked questions
Andrew Jackson's stance on the constitution was that it was flexible and could be bent or broken if it was in the nation's best interest. He was quoted saying, "I can break, & trample under foot the constitution of the country, with as much unconcern & careless indifference, as would one of our backwoods hunters, if suddenly placed in Great Britain, break game laws."
Andrew Jackson did several things that were illegal, including illegally declaring martial law in New Orleans, invading Spanish Florida and executing British citizens, removing federal deposits from the Bank of the United States, and questioning the Supreme Court’s authority in Worcester v. Georgia.
Andrew Jackson was considered dangerous for his willingness to violate the law and the Constitution. He was also accused of defying the Supreme Court by refusing to supply documents and allegedly challenging John Marshall, the Chief Justice.
The Nullification Crisis was a conflict over the nature of federal power and states' rights. Andrew Jackson believed in a strict construction of the Constitution but also in the supremacy of the federal government when it came to delegated powers. This put him at odds with South Carolina and John C. Calhoun, who argued that states could declare federal laws unconstitutional.
