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Downloadable Reproducible eBooks

Thank you for downloading this eBook from www.socialstudies.com

To browse more eBook titles, visit http://www.socialstudies.com/ebooks.html To learn more about eBooks, visit our help page at http://www.socialstudies.com/ebookshelp.html For questions, please e-mail [email protected]

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Document-Based Activities on the Jackson Era Using Primary Sources and the Internet

Kerry Gordonson, Writer

Bill Williams, Editor Dr. Aaron Willis, Project Coordinator

Amanda Harter, Editorial Assistant

Social Studies School Service 10200 Jefferson Blvd., P.O. Box 802

Culver City, CA 90232 http://socialstudies.com

[email protected] (800) 421-4246

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Updated 2005

© 2004 Social Studies School Service

10200 Jefferson Blvd., P.O. Box 802 Culver City, CA 90232 United States of America (310) 839-2436 (800) 421-4246 Fax: (800) 944-5432 Fax: (310) 839-2249 http://www.socialstudies.com/ [email protected] Permission is granted to reproduce individual worksheets for classroom use only. Printed in the United States of America. ISBN: 1-56004-132-3

Product Code: ZP201

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TABLE OF CONTENTS Teacher Introduction ................................................................................................ v Overview: The Jackson Era ....................................................................................... vii LESSONS: 1. Jacksonian Democracy

Teacher Page ...................................................................................................... 1 Student Worksheet ............................................................................................... 3

2. The Spoils System

Teacher Page ...................................................................................................... 7 Student Worksheet................................................................................................ 9

3. The Battle over the Bank of the United States

Teacher Page ...................................................................................................... 13 Student Worksheet ............................................................................................. 15

4. The Nullification Crisis

Teacher Page ....................................................................................................... 19 Student Worksheet ............................................................................................... 21

5. Indian Removal

Teacher Page ...................................................................................................... 25 Student Worksheet ............................................................................................... 27

Culminating Activities ............................................................................................ 31 Appendix

Answer Key ......................................................................................................... 35 Rubrics ................................................................................................................ 41 Related Web Sites ................................................................................................ 47 Suggested Curriculum Materials ........................................................................ 49

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DOCUMENT-BASED ACTIVITIES ON THE JACKSON ERA

TEACHER INTRODUCTION Description: This unit aims to teach students about major events during Andrew Jackson’s presidency, with an overall goal of having them understand why many viewed the era as the “age of the common man.” Students will ultimately assess whether Jackson as president lived up to the ideal of “Jacksonian democracy.” Lessons will focus on Jackson’s populist appeal and how his election unnerved many in the upper classes, his use of the spoils system (also known as “rotation in office”), the controversy over the Second Bank of the United States, the South Carolina nullification controversy, and Indian removal. Unit objectives: Knowledge: students will

• understand the idea of “Jacksonian democracy” • weigh questions of federal vs. state authority • assess how class and sectional differences affected political battles during

Jackson’s presidency • assess differing early 19th-century attitudes toward Indians

Skills: students will

• analyze, evaluate, and interpret primary source documents • communicate effectively the results of their analysis in discussion and written

argument • use relevant and adequate evidence to draw conclusions

Prior Knowledge Required: Many of the issues explored in this unit involve constitutional questions, so students should understand the “necessary and proper” clause and the difference between explicit powers and implied powers. They should also be familiar with events from the War of 1812 through Jackson’s election in 1828, including the Panic of 1819, the Monroe Doctrine, the “Era of Good Feelings,” and Henry Clay’s “American System.” Lesson Format: Each lesson consists of two parts: a teacher page containing an introduction, objectives, URL(s) used in the lesson, teaching strategies, wrap-up questions, and at least one extension activity; and a reproducible student page with a brief introduction which sets the context for the lesson, URL(s) used, and questions to be answered about the source. Assessment:

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Based on the time available, you may want to select which answers you want to assess in each activity. Most questions require short answers. Others will require a response of anywhere from a paragraph to a full page (or longer if preferred). Suggested rubrics are included in the Appendix. Additional Sources: The Appendix contains answer keys, primary source documents, an annotated list of Web sites on Jackson and events that took place during his term in office, rubrics, and supplementary materials available from www.socialstudies.com.

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OVERVIEW: THE JACKSON ERA Andrew Jackson’s presidency is notable not only for the things he did while in office, but also because it marked a shift in both the structure of American politics and the way in which people perceived politicians and government. The Jackson era also witnessed the rise of America’s second party system, with the emerging Whig party opposing the Democrats. During the 1820s, political changes took place that laid the groundwork for the phenomenon known as “Jacksonian Democracy.” State constitutional reforms repealed property requirements for voting and holding office, and the number of people who voted in presidential elections quadrupled between 1820 and 1828. In addition, a majority of the states began choosing presidential electors according to the popular vote, rather than allowing the state legislatures to select them, as had been the practice in the past. Sectional differences had also started to become more apparent and figured into politics more and more. There was the steadily industrializing Northeast, also the seat of commerce and banking for the nation; the agricultural South, which drew its wealth and power mostly from cotton; and the rapidly expanding West, whose residents clamored for internal improvements (such as roads and canals) and easy credit from banks that would allow the people of the region to keep building and expanding. Against this backdrop, the presidential election of 1824 took place. The presumed favorite, John Quincy Adams (son of second president John Adams), ran against four other prominent candidates: Georgian William H. Crawford; John C. Calhoun, a powerful senator from South Carolina; Henry Clay, also a powerful Kentucky senator whose “American system” provided the basis for government policies on internal improvements, the tariff, banking, and land prices; and Tennesseean Andrew Jackson, a former general whose popularity stemmed from his exploits at the Battle of New Orleans in the War of 1812. In the election, no candidate won an electoral majority; of the four major candidates, Jackson garnered the most electoral votes. However, the 12th Amendment provided that in a situation where no candidate received a majority of electoral votes, the House of Representatives would pick the winner from among the three candidates with the highest vote totals—Jackson, Adams, and Crawford. The House chose Adams, who later named Clay to the powerful post of Secretary of State. Jackson supporters cried foul, claiming that a “corrupt bargain” had taken place that had cheated their man of the presidency. By the time of the 1828 presidential election, Jackson supporters were primed to avenge their 1824 defeat. For the first time in American history, mass campaigning techniques were used, particularly fliers and “broadsides” that were printed and distributed by the thousands. Jackson’s campaign portrayed Adams as a wealthy “aristocrat” who didn’t have the true interests of the people at heart; Jackson, who came from a much humbler background than Adams, was held up as the champion of the “common man,” a “fighter”

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who could get things done. Jackson won handily, and thousands of his supporters swarmed to Washington to celebrate his inauguration. Jackson began his first term by announcing a policy of “rotation in office,” which also became known as the “spoils system.” Many felt that Jackson was using the power of the presidency to fire people in government who had opposed him and replace them with his loyal supporters. Others felt that a “clean sweep” was necessary to make government more responsive to the needs and concerns of “the people.” The controversy over the spoils system set the tone for what would be a tempestuous eight years in office for Jackson. Another controversy arose over the Second Bank of the United States (BUS). The Second BUS had been chartered in 1816, largely to help solve problems the U.S. had encountered in financing the War of 1812. The war had greatly disrupted the banking system: state banks had stopped issuing specie (gold and silver money) in favor of paper currency. However, the value of this currency ranged widely from place to place, resulting in inflation and general confusion. To remedy this, the federal government would deposit its funds in the BUS. Since most of these funds were paid in state bank notes, the BUS would then become a major creditor of the state banks and be able to influence them to resume specie payments, thus stabilizing the nation’s currency. Many felt the BUS had too much power and was dominated by Northeastern merchants, who supposedly used it to enrich themselves at the expense of other classes and regions of the country. When Congress renewed the Bank’s charter in 1832, Jackson vetoed it. He later followed the veto with an announcement that federal funds would no longer be deposited in the BUS, but would go instead into twenty-odd “pet banks” in various states. Nicholas Biddle, the head of the BUS and a longtime opponent of Jackson, fought to keep the Bank alive as a private institution, but he was unsuccessful. The Bank ceased to exist after 1841. During the 1820s, Congress had passed tariffs that levied taxes on imported goods. These tariffs were designed to protect fledgling manufacturers in the United States. At this point in history, European manufacturers were able to produce goods much more cheaply than U.S. manufacturers. Without tariffs, many industries—especially the textile industry in New England—would not have been able to compete with imported European goods. However, since the South was far less industrialized than other parts of the country, it not only wasn’t interested in the protection offered by the tariffs, it would be hurt by the tariffs because the new levies would raise the cost of manufactured goods for them. Also, Britain was the main market for Southern cotton, and since fewer British goods would be sold in America because of the increased costs of the tariff, sales of cotton would likely decline and hurt the South as well. The Tariff of 1828 significantly raised the rate on manufactured goods, so much so that Southerners took to calling it the “Tariff of Abominations.” Many Southerners felt the Tariff was unconstitutional since it seemed to blatantly favor the North at the expense of the South. Southerners hoped that the tariff would be revised in their favor under a

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Jackson presidency, but in 1832 Congress passed a tariff bill that only made small changes in the existing tariff. Southerners were enraged, and the South Carolina legislature passed a bill “nullifying” the tariff and threatening to secede from the Union if Jackson tried to enforce it. Jackson responded by having Congress pass a “Force Bill” that authorized him to use federal troops to collect the tariff in South Carolina, if necessary. The crisis was eventually defused when South Carolina senator John C. Calhoun worked with Kentucky senator Henry Clay to create a “Compromise Tariff” which slowly lowered duties over time. However, the ideas of “nullification” and secession would arise again in the 1860s as the nation headed toward the Civil War.

White settlers had for a long time wanted rich Indian lands in the east. By the 1820s, the idea of “Indian removal” became increasingly popular. Indians would be removed from their ancestral lands in the east; in exchange, they would receive other lands west of the Mississippi River. Needless to say, tribes in the east didn’t like the idea of “removal.” Some Indians tried to make themselves more “acceptable” to whites by educating themselves in white schools, dressing and acting in a European manner, and using English rather than their native tongues. The hope was that if Indians could prove that they were sufficiently “civilized,” whites would no longer have justification for removing them from their lands. The Cherokee in particular worked hard to adopt white ways. However, the discovery of gold in Cherokee territory in northern Georgia in the late 1820s gave new fuel to the idea of Indian removal, and in 1830, Congress passed the Removal Act. The Choctaw and the Chickasaw tribes reluctantly accepted relocation under the terms of the act, but the Cherokee refused, fighting in the courts (including two important Supreme Court decisions: Worcester v. Georgia and Cherokee Nation v. Georgia) to stay on their ancestral lands. However, a breakaway faction of the tribe signed the Treaty of Etocha in 1835, under which the Cherokee supposedly accepted removal. The Cherokee claimed that the treaty did not represent the wishes of the vast majority of the tribe, but the U.S. government held them to the treaty and forced them to relocate in the late 1830s in a torturous journey along what came to be known as the “Trail of Tears.” Many historians have taken issue with the idea of “Jacksonian democracy,” claiming that it wasn’t very democratic because women and African Americans still had no voice in government. The “equality” that many associated with Jacksonian democracy only extended to white males. Nevertheless, American politics did become more democratic because of the expansion of the electorate, and also became an increasingly important part of people’s lives. People began to develop fierce party loyalties and used politics as a way to define themselves; politicians in turn began to consider how their actions would play to a mass audience, and campaigning techniques changed so that candidates could achieve a broader appeal. In many ways, the first stirrings of modern politics began during the Jackson era.

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Jacksonian Democracy Teacher Page

Overview: In this lesson, students will read about the huge crowds that attended Jackson’s inauguration and the subsequent mob that stampeded through the President’s house after the inauguration. They will also read a personal letter of Daniel Webster’s in which he expresses uneasiness about what Jackson might do as president. The idea of “Jacksonian democracy” is implicit rather than explicit in the lesson, and is judged only as it stood in 1828 rather than at the end of Jackson’s presidency, so the main idea will be for students to understand that Jackson’s election was seen as a watershed at the time, and that many of those in power saw their worst fears coming true with the expansion of the franchise to many middle-class and lower-class people. Objectives: Students will:

• read and analyze an eyewitness account of Jackson’s inauguration • assess how many political leaders of the time felt about Jackson becoming

president • understand why Jackson’s election was seen as a victory for the “common man”

Web Sites Used in this Lesson: An Eyewitness Account of Jackson’s Inauguration: Margaret Bayard Smith, 1829 http://www.socialstudies.com/article.html?article@smith_jacksoninauguration Daniel Webster Anticipates Jackson’s Arrival in Washington, D.C., 1829 http://www.socialstudies.com/article.html?article@webster_jacksonarrival Strategies: Review with students the changes in state constitutions that widened the electorate, then review the elections of 1824 and 1828, paying particular attention to the “Corrupt Bargain” and how this propelled Jackson to victory in 1828. Have students complete the worksheet.

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Wrap-Up: Discuss students’ answers to the questions on the worksheet. Next, discuss the fact that Jackson rose to political prominence because of his fame as a war hero. See if students can name other war heroes who went on to become president (Washington, Grant, Eisenhower—some particularly sharp students may be able to name William Henry Harrison as well). Have the class debate whether they think military success is a good indicator of whether or not someone will make a good political leader. Extension Activity: The 1828 presidential campaign was also one of the first in which “mudslinging” was prominent. Have students research and report on some of the accusations made by each side, and compare them to accusations candidates make against one another today. One document students might look at from the 1828 campaign is a broadside claiming that Jackson had ordered the execution of “six innocent militia men and twelve regular soldiers”, located at http://www.socialstudies.com/article.html?article@benton_ EXTRA1828. This episode is also described in “Reminiscences of New York by an Octogenarian,” located at http://www.socialstudies.com/article.html?article@paulding_octogenarian (scroll down to the paragraph that begins “In the canvass for the Presidency…”).

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Jacksonian Democracy Student Worksheet

Introduction: Jackson’s victory over John Quincy Adams in the election of 1828 represented for many a victory for the “common man” over the Northeastern “aristocracy.” In this lesson, you’ll read two documents from right around the time of Jackson’s inauguration. All Web links for this lesson can be found at: http://www.socialstudies.com/uslinks.html Directions: An Eyewitness Account of Jackson’s Inauguration: Margaret Bayard Smith, 1829 http://www.socialstudies.com/article.html?article@smith_jacksoninauguration Read the document, then answer the following questions: 1. What does Smith mean when she describes the “thousands and thousands of people”

at the inauguration as being “without distinction of rank”? How does she describe the crowd and its behavior while waiting for Jackson to appear and take the oath of office?

2. Why do you think she claimed that “…even Europeans must have acknowledged that…[the well-behaved crowd] was majesty”?

3. Go to the paragraph that begins “At the moment the General entered the Portico…” What happened when Jackson had finished his inaugural speech?

4. How does Smith describe the scene outside the President’s house immediately after the inauguration?

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5. Smith returns home from the President’s house, then returns later. Why does she say that then “The Majesty of the People had disappeared”? Describe in your own words the scene that she witnessed.

6. Smith laments what happened at the President’s house, but says that “it was the People’s day, and the People’s President and the People would rule.” What does she mean by this? Is she optimistic or pessimistic about “the People” getting “the Power in their hands”? Use evidence from the document to support your answer. Daniel Webster Anticipates Jackson’s Arrival in Washington, D.C., 1829 http://www.socialstudies.com/article.html?article@webster_jacksonarrival Read the document, then answer the following questions:

7. Describe Webster’s tone in this letter. Does he seem happy or unhappy about having Jackson as president?

8. What does Webster mean when he says “My opinion is, that when he comes he will bring a breeze with him. Which way it will blow I cannot tell”?

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9. What does Webster fear Jackson will do? How does he hope Jackson acts instead?

10. What do you think “upper class” people like Smith and Webster feared most about

Jackson becoming president? Write a well-reasoned paragraph in which you explain your answer.

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The Spoils System Teacher Page

Overview: In 1829, Jackson announced a policy he called “rotation in office,” but which later came to be known as the “spoils system.” In this lesson, students will read an excerpt from Jackson’s first annual message in which he introduced rotation in office, then will contrast it with a letter written to Jackson by a woman whose husband lost his job because of the spoils system. Students will have to consider whether rotation in office and the spoils system are consistent with America’s democratic values. Objectives: Students will:

• understand the theories of the “spoils system” and “rotation in office” • contrast Jackson’s public portrayal of the spoils system with the ways in which he

actually used it • assess whether the spoils system conforms to or undermines American values

Web Sites Used in this Lesson: Jackson Announces His Policy of Rotation in Office, 1829 http://www.socialstudies.com/article.html?article@jackson_officerotation “Letter from Mrs. Barney to Gen. Jackson. Baltimore. June 13th, 1829” http://www.socialstudies.com/article.html?article@barney_jacksonletter Strategies: Begin by reminding the class that when a new president is elected, he is allowed to choose a new Cabinet. Have the class briefly debate whether a new president should be allowed to replace any or all other positions in the federal government as well. Is this a reasonable thing to do, or should there be some continuity from administration to administration? Have students complete the worksheet. Most answers should be 2–3 sentences; answers for questions 5, 11, and 12 can range from 1–3 paragraphs, depending how much time you want to allot to this activity and how much depth you want student responses to have. Wrap-Up: After students have completed the worksheet, have an in-depth discussion or debate about their answers to questions 5 and 12. Focus on these basic issues: Is the spoils system essentially undemocratic? Is it always likely to induce corruption and/or favoritism, or can it be used fairly?

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Extension Activity: Have students investigate arguments being used today for and against term limits, then write position papers taking a side on the issue.

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The Spoils System Student Worksheet

“They see nothing wrong in the rule that to the victors belong the spoils of the enemy.” William L. Marcy (1786–1857): Speech in the United States Senate, January, 1832. Introduction: In 1829, Jackson announced a policy he called “rotation in office,” but which later came to be known as the “spoils system.” On the surface, the idea of rotation in office is somewhat similar to “term limits” laws we have today: periodically, new people should assume government offices so that government as a whole doesn’t become isolated from the “will of the people.” Proponents of such systems defend them as a way of infusing “new blood” and enthusiasm into government and making sure that officials keep in touch with the needs and wants of the electorate. Opponents used the term “spoils” to compare Jackson’s rotation in office policy to a conquering army looting those whom they had defeated (“spoils” is a term referring to property of the enemy taken in battle). Many felt that Jackson would use rotation in office as an excuse to fire all those who opposed him and replace them with his own loyal supporters. All Web links for this lesson can be found at: http://www.socialstudies.com/uslinks.html Directions: Jackson Announces His Policy of Rotation in Office, 1829 http://www.socialstudies.com/article.html?article@jackson_officerotation Read the entire document, and then answer the following questions: 1. Why does Jackson claim that holding “office and power” for a “great length of time”

ultimately makes a person less fit to “serv[e] the people”?

2. What does Jackson say the problem is with considering office as a “species of property”?

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3. One argument that people use today against term limits is that it’s best to have people in office who have a great deal of experience in government because they know how the system works and therefore can get thing done more effectively. How does Jackson try to refute this idea?

4. What does Jackson mean when he says “Offices were not established to give support to particular men...No individual wrong is, therefore, done by removal, since neither appointment to nor continuance in office is a matter of right”?

5. At the end of the document, Jackson says that rotation in office was “a leading principle in the republican creed” and would “give healthful action to the system.” Do you agree or disagree with this? Is rotation in office democratic in nature and good for the country as a whole, or is it undemocratic and harmful? Explain your reasoning.

“Letter from Mrs. Barney to Gen. Jackson. Baltimore. June 13th, 1829” http://www.socialstudies.com/article.html?article@barney_jacksonletter This letter is from a woman whose husband lost his position because of “rotation in office.” Go to this Web page and use the information in the document to answer the following questions: 6. Go to the second paragraph, which begins “The Office Harpies…” What is Mrs.

Barney’s basic objection to the system of rotation in office?

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7. Go to the third paragraph, which begins “Your Official Organ…” Mrs. Barney says that Jackson led the public to believe that rotation in office would be based on “the Jeffersonian rule of honesty and capacity [fitness for office].” How does she claim that Jackson had unfairly used this “rule” to justify removing from office those who opposed him?

8. In the first sentence of the first paragraph, Mrs. Barney makes reference to an earlier letter from Jackson in which he claimed that “rules” which he had felt “bound to adopt” had led him to fire her husband from his position. In the third paragraph, why does she claim that Jackson’s “rule” is the not the noble “Jeffersonian rule of honesty and capacity”? What does she say Jackson’s “secret rule” really is?

9. Go to the paragraph that begins “But I boldly declare…” Why does she claim that Jackson’s “rule” is “altogether unworthy of the Presidential office of a magnanimous nation”?

10. Go to the paragraph that begins “My husband, sir, never was your enemy.” According to Mrs. Barney, what was the “offence” for which her husband lost his job? Why does she go on to claim that this “offence” was “one of the best acts of his life”? Do you think her husband deserved to lose his job?

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11. Although he is credited with being the first president to use the spoils system, during his two terms in office Jackson replaced no more than 10 to 20 percent of people in government positions. Do you think this fact reflects positively or negatively on Jackson?

12. Look back at William L. Marcy’s quote from the beginning of this lesson, before the introduction. Do you agree with it? Should a new president be able to replace government officials and reward loyal followers with the “spoils” that their jobs represent? Or do you agree with Mrs. Barney that the spoils system is just a form of “tyranny”? Explain your reasoning.

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The Second Bank of the United States Teacher Page

Overview: In this lesson, students will delve into the controversy over the Second Bank of the United States. They will read McCulloch v. Maryland, which affirmed the constitutionality of a national bank; Jackson’s 1832 veto of Congress’s renewal of the bank’s charter; and a political cartoon published by a Jackson critic after the veto. Objectives: Students will:

• compare differing arguments about the necessity for and constitutionality of a national bank

• understand how the “necessary and proper” clause of the Constitution figured in the bank controversy

• assess whether Jackson overstepped the bounds of his office in vetoing the bank charter

Web Sites Used in this Lesson: McCulloch v. Maryland This lesson uses excerpts from this Supreme Court decision. The complete text of the document is located at http://www.socialstudies.com/article.html?article@mcculloch. “President Jackson’s Veto Message Regarding the Bank of the United States; July 10, 1832” This lesson uses excerpts from Jackson’s veto message. The complete text of the document is located at http://www.socialstudies.com/article.html?article@jackson_vetobank “King Andrew the First” A political cartoon, located at http://www.archives.gov/exhibits/treasures_of_congress/Images/page_9/30a.html Strategies: Review with students the “necessary and proper” clause of the Constitution and what it means; also, review the difference between “express powers” and “implied powers.” Have students complete the worksheet.

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Wrap-Up: Review students’ answers to the questions on the worksheet, then discuss the following questions: 1. Jackson’s veto message strongly implied that the BUS was unconstitutional, yet

McCulloch v. Maryland had affirmed that a national bank was constitutional. Was Jackson’s veto therefore improper?

2. Why did Jackson rail against the “rich and powerful” in his veto message? What

segment of the electorate do you think he was trying to appeal to with this part of his message?

Extension Activity: After Jackson vetoed the renewal of the bank’s charter, Biddle began calling in loans and decreasing credit in hope of creating an economic crisis that would demonstrate the need for a national bank. Have students research the aftermath of the bank veto, then debate the following question: If Biddle had been successful, wouldn’t that have proved Jackson’s point that the BUS had too much power and wasn’t really answerable to the electorate for its actions?

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The Second Bank of the United States Student Worksheet

Introduction: The Second Bank of the United States (BUS) had been created in 1816, receiving a 20-year charter. In 1832 Nicholas Biddle, the director of the BUS, applied to get the charter renewed four years early. Jackson had always felt the BUS wielded too much power, and he and Biddle had clashed frequently during Jackson’s first term. The renewal of the charter was thus largely a political move engineered by Biddle and other opponents of Jackson: if the president vetoed the renewal, he would lose the support of the many who favored the BUS; if he approved it, then the BUS, would be secure for another 20 years. Congress approved the renewal, but Jackson vetoed it. The next year, Jackson ordered that federal funds no longer be deposited in the BUS, a move that eventually doomed the BUS. All Web links for this lesson can be found at: http://www.socialstudies.com/uslinks.html Directions: McCulloch v. Maryland, 1819 http://www.socialstudies.com/article.html?article@mcculloch This Supreme Court case took up the issue of whether the Bank of the United States was constitutional. Read the document, then answer the following questions: 1. What is the first question the Supreme Court took under consideration in this case?

2. The document makes reference both to “enumerated powers” (powers specifically granted to the federal government in the Constitution) and “implied powers” (powers not specifically granted). According to the document, do the “enumerated powers” in the Constitution allow the federal government to incorporate a bank? Do “implied powers” allow it to do so? Explain why or why not.

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3. The document discusses the “necessary and proper” clause of the Constitution and concludes that “if it does not enlarge, it cannot be construed to restrain the powers of Congress, or to impair the rights of the legislature to exercise its best judgment in the selection of measures to carry into execution the constitutional powers of the government.” Explain in your own words what this means.

4. Did this Court decision find the Bank of the United States to be constitutional? Write down one sentence from the document that supports your answer.

“President Jackson’s Veto Message Regarding the Bank of the United States; July 10, 1832” http://www.socialstudies.com/article.html?article@jacksonbank Read the document, then answer the following questions: 5. In the second paragraph, how does Jackson characterize “some of the powers and

privileges possessed by the existing bank”?

6. Read the third paragraph. Here, Jackson calls the bank a “monopoly” and also says that the bank’s charter increased “the value of its stock far above its par value, operated as a gratuity of many millions to the stockholders.” What does he mean by this? Paraphrase it in your own words.

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7. Read the fourth paragraph. Which groups does Jackson claim hold most of the shares in the bank? In his view, what is the problem with this?

8. Why does Jackson claim the bank is a “danger to our liberty and independence”?

9. Read the paragraph that begins “This act authorizes…” Why does Jackson claim that

the bank charter can’t be justified under the “necessary and proper” clause of the Constitution?

10. Read the second-to-last paragraph. Why does Jackson claim the bank charter violates

the idea of equal protection under the law?

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11. Read the last paragraph. Jackson here claims that the bank charter (“the results of our legislation”) has “arrayed section against section, interest against interest, and man against man, in a fearful commotion which threatens to shake the foundations of our Union.” Do you agree with this statement? Do you the think the BUS was as much of a threat as Jackson portrayed it to be? “King Andrew the First,” 1832 http://www.archives.gov/exhibits/treasures_of_congress/Images/page_9/30a.html This is a political cartoon published after Jackson’s Bank Veto. View the cartoon, then answer the following questions:

12. Describe how Jackson is portrayed in the cartoon. What is he wearing? What is he doing?

13. What does the cartoon accuse Jackson of doing? Why does the cartoonist call Jackson “King Andrew the First”?

14. Do you think Jackson abused his power in vetoing the bank charter, or did he express legitimate concerns about the BUS? Write a paragraph or two in which you explain your answer and use evidence from the documents in this lesson to support it.

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The Nullification Crisis Teacher Page

Overview: This lesson has students consider three documents that illustrate how the nation struggled with the doctrine of nullification: Daniel Webster’s 1830 response to Senator Robert Hayne of South Carolina, the 1832 South Carolina ordinance of nullification, and Jackson’s response to the ordinance. Objectives: Students will:

• understand the doctrine of nullification • analyze the events that led to the sectional crisis over nullification • compare and contrast arguments as to the constitutionality of nullification • understand the connection between nullification and secession

Web Sites Used in this Lesson: This lesson uses excerpts from historical documents. Full copies of each document can be found at the following locations: Liberty and Union, Now and Forever, One and Inseparable: Daniel Webster’s Reply to South Carolina Sentor Robert Hayne, 1830 http://www.socialstudies.com/article.html?article@webster_2ndhayne South Carolina Ordinance of Nullification, November 24, 1832 http://www.socialstudies.com/article.html?article@southcarolina_null1832 President Jackson’s Proclamation Regarding Nullification, December 10, 1832 http://www.socialstudies.com/article.html?article@jackson_nullification Strategies: Ask students what people of a state can do if they feel Congress has passed a law that is unconstitutional or puts an unfair burden upon their state (appealing to the Supreme Court, trying to amend the Constitution). Discuss the pros and cons of these two remedies (one important “con”: both can take quite a bit of time). Also, you may want to show this graphic (http://www.newark.k12.ny.us/staffpages/vanduyne/jackson/html/tariff.htm), titled “How a Protective Tariff Works.” It’s a good visual that helps students conceptualize what a tariff is and what it’s meant to do. Have students complete the worksheet.

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Wrap-Up: Review the answers to the worksheet with the whole class, and then pose the following questions: 1. Did South Carolina have legitimate grievances regarding the tariffs? Why do you

think the state’s leaders resorted to nullification rather than pursuing remedies to the situation prescribed in the Constitution?

2. Was nullification as grave a threat to the existence of the Union as Webster and

Jackson claimed it to be? 3. Did Jackson need to resort to the threat of force to resolve the nullification crisis? Extension Activity: Have students research and report on South Carolina leader John C. Calhoun, paying special attention to how Calhoun developed the idea of nullification from the Virginia and Kentucky Resolutions of 1798. Also, note for the class that Calhoun had supported tariffs during the 1810s, but turned against the idea of protective levies in the 1820s. What had changed for him? (Calhoun had supported tariffs earlier as a way of aiding manufactures of military products because the country still stood under the threat of war, but this threat dissipated during the “Era of Good Feelings.”)

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The Nullification Crisis Student Worksheet

Introduction: During the 1820s and 1830s, tensions arose between the North and South that centered largely around issue of how much power the federal government had to enforce laws, and how much power the states retained for themselves. Southerners during this time felt that measures being passed in Congress tended to favor the North at the expense of the South. Many Southern leaders started to espouse the doctrine of “nullification”—the idea that a state could refuse to enforce or obey a federal law if they felt that law was unfair or unconstitutional. Philosophical battles over nullification occurred in the Senate, then in 1832 South Carolina actually used the doctrine when it proclaimed an ordinance nullifying the tariffs of 1828 and 1832. Jackson responded to the ordinance with a proclamation to the people of South Carolina and with the so-called “Force Bill.” All Web links for this lesson can be found at: http://www.socialstudies.com/uslinks.html Directions: Liberty and Union, Now and Forever, One and Inseparable: Daniel Webster’s Reply to South Carolina Senator Robert Hayne, 1830 http://www.socialstudies.com/article.html?article@webster1830 Use the information in this document to answer the following questions: 1. Webster summarizes the pro-nullification arguments of Senator Hayne (“the

honorable gentleman from South Carolina”). In your own words, briefly restate Webster’s assessment of Hayne’s position.

2. What does Webster say the “great question” is on which “the main debate hinges”?

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3. What does Webster say is the only “ground” for which a state can annul a law of Congress? What does he say this “ground” amounts to?

4. Webster later poses a rhetorical question about government: “Is it the creature of the

state legislatures, or the creature of the people?” In other words who created the U.S. government: the state legislatures or the people? How does he answer this question?

5. What does Webster claim the problem is with state sovereignty being controlled only by its own “feeling of justice”? In other words, what’s wrong with states deciding whether an act of Congress is fair or unfair, constitutional or unconstitutional?

6. According to Webster, what is the evidence that the “people of the United States have chosen to impose control on state sovereignties”?

South Carolina Ordinance of Nullification, November 24, 1832. This ordinance nullified the tariffs of 1828 and 1832. Go to http://www.socialstudies.com/article.html?article@southcarolina_null1832 and answer the following questions: 7. Read the first paragraph. The ordinance says that the tariffs were “in reality intended

for the protection of domestic manufactures and the giving of bounties to classes and individuals engaged in particular employments, at the expense and to the injury and oppression of other classes and individuals…” Who were these “classes and individuals engaged in particular employments”? Who were the “other classes and

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individuals” the ordinance claims were hurt by the tariffs?

8. Read the second-to-last paragraph (“And we, the people of South Carolina…”). What did South Carolina threaten to do if the federal government used “military or naval force” to enforce the tariffs?

President Jackson’s Proclamation Regarding Nullification, December 10, 1832 http://www.socialstudies.com/article.html?article@jackson_nullification Jackson responded to South Carolina’s nullification ordinance by submitting a “Force Bill” to Congress which would allow him to send federal troops to South Carolina to enforce federal laws—namely, the tariffs. Jackson also delivered this public proclamation. Read the excerpts from the proclamation, then answer the following questions: 9. Read the first and second paragraphs. What is Jackson referring to when he mentions

the “two appeals from an unconstitutional act passed by Congress”? Why does he say these make “the assumed power of a state [i.e., nullification] more indefensible”?

10. Read the third and fourth paragraphs (the third paragraph begins “Look for a moment to their consequence”). According to Jackson, what would happen if South Carolina were allowed to nullify the tariffs? What does he claim would have happened had nullification “been established at an earlier day”?

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11. Jackson says that “the ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seceding from the Union if any attempt is made to execute them.” Why does Jackson claim that states do not have a constitutional right to secede? In a few sentences—and in your own words—briefly summarize his argument.

12. What does Jackson say that “disunion”—secession—essentially amounts to?

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Indian Removal Teacher Page

Overview: In this lesson, students will look at three documents relating to Indian removal: Jackson’s 1830 message, an 1830 “memorial” from the Cherokee, and a letter from Cherokee Chief John Ross to the U.S. Congress. There are many issues that come up when examining Indian removal; this lesson will focus primarily on white stereotypes of Indians and Indians’ responses to these stereotypes. Objectives: Students will:

• compare and contrast differing views on Indian removal • understand the circumstances surrounding the removal of the Cherokee • identify and analyze various 19th-century stereotypes about Indians

Web Sites Used in this Lesson: President Jackson Reports on Indian Removal, 1830 http://www.socialstudies.com/article.html?article@jackson_indianremoval Memorial of the Cherokee Nation, 1830 http://www.socialstudies.com/article.html?article@cherokeenation_1830 Cherokee Letter protesting the Treaty of New Etocha, 1836 http://www.socialstudies.com/article.html?article@ross_newetocha Strategies: As a whole-class activity, go over the Removal Act of 1830 (the document can be found at http://www.socialstudies.com/article.html?article@removal_act1830). Discuss the provisions of the document, paying particular attention to the following sections: • The portion which gives the president the authority to “exchange” lands “with any

tribe or nation of Indians…with which the United States have existing treaties” • The section which states that “the United States will forever secure and guaranty to

them, and their heirs or successors, the country so exchanged with them” • The sentence “That such lands shall revert to the United States, if the Indians become

extinct, or abandon the same.” Also, review with students the stereotypes 19th-century whites had about Indians (e.g., “savage,” “uncivilized,” “wild,” etc.). Have students complete the worksheet.

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Wrap-Up: As a class, review answers to the questions on the worksheet, then have students discuss the following topic:

Could Indian removal have been carried out fairly, or was the whole concept of Indian removal inherently unfair?

Extension Activity: Have students look at why some Indians saw assimilation as a means to combat calls for Indian removal. Have them read the following document, either individually or as a class: “What Is an Indian?”: Elias Boudinot, 1826 http://www.socialstudies.com/article.html?article@boudinot_whatisanindian 1. Discuss with students the following questions or have them submit written answers:

• What audience do you think Boudinot was trying to reach with this piece? What was

the message he was trying to convey to that audience?

• In the first paragraph, Boudinot affirms many of the white stereotypes of Indians when he says that Indians are “ignorant,” “heathen,” and “savage.” Why does he do this? How does he use this to advance his argument?

• Boudinot later offers “a few disconnected facts” to show “the present improved states” of the Cherokee? What are these “facts”? What do they reveal about Boudinot’s view of what it means to put the Cherokee on an “equal standing with the other nations of the earth”?

2. Have students research and report on the Trail of Tears. A good place to start is About North Georgia’s Trail of Tears site at http://ngeorgia.com/history/nghisttt.html.

3. As a class, have students analyze two major Supreme Court decisions relating to the Cherokee: Worcester v. Georgia (http://www.pbs.org/weta/thewest/resources/archives/two/worcestr.htm) and Cherokee Nation v. Georgia. Discuss how questions of state vs. national jurisdiction played into each case.

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Indian Removal Student Worksheet

Introduction: In 1828, a rumor spread that gold had been discovered in the mountains of northern Georgia—land occupied by the Cherokee Indians. “Gold-diggers” rushed to the area, much to the consternation of both the Cherokee (who obviously resented having their lands overrun) and the governor of Georgia (who disliked having the unruly miners causing trouble in his state). Both appealed to the federal government for help. Both Jackson and many members of Congress had long been advocates of Indian removal, and the situation developing in Georgia jump-started the process of displacing the Cherokee from their land. Congress eventually responded by passing the Removal Act of 1830. Jackson, who had long supported the idea of Indian removal, quickly signed the act. The Choctaw and the Chickasaw soon accepted removal under the provisions of the act; the Cherokee’s situation would play out over the decade of the 1830s. All Web links for this lesson can be found at: http://www.socialstudies.com/uslinks.html Directions: President Jackson Reports on Indian Removal, 1830 http://www.socialstudies.com/article.html?article@jackson_indianremoval Read the document, then answer the following questions: 1. According to Jackson, what “advantages” would the U.S. gain from Indian removal?

2. According to Jackson, how would Indians benefit from removal?

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3. In the third paragraph, Jackson says, “Toward the aborigines [Indians] of this country no one can indulge a more friendly feeling than myself…” Do you find this assertion convincing? Why or why not?

4. Later on in the document, Jackson says that the fact that “once powerful race[s]” or Indians have been “exterminated” or “disappeared” is “[not] to be regretted”? Why does he say that Americans should not want “to see this continent restored to the condition in which it was found by our forefathers”?

5. Why does Jackson claim that removal is a “fair exchange”? Why does he say that “many thousands of our own people [i.e., whites] would gladly embrace the opportunity of removing to the West on such conditions”?

6. Why does Jackson claim that “the policy of the General Government toward the red man is not only liberal, but generous”? Do you agree with him? Why or why not?

Memorial of the Cherokee Nation, 1830 http://www.socialstudies.com/article.html?article@cherokeenation_1830 Read the document, then answer the following questions: 7. Were the Cherokee for or against removal? Cite evidence from the document that

supports your answer.

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8. Why do the Cherokee claim that “We have a perfect right to remain without interruption or molestation”?

9. Why do the Cherokee say that “if we are compelled to leave our country, we see nothing but ruin before us”?

10. Why do you think the Cherokee refer to the tribes in Arkansas territory as “wandering savages lurking for prey”? Does it undercut their overall argument to bring up these stereotypes of Indians? Explain.

Cherokee Letter protesting the Treaty of New Etocha, 1836 http://www.socialstudies.com/article.html?article@ross_newetocha The Cherokee were finally forced to move when some members of the tribe broke ranks and signed the Treaty of New Etocha in 1835. In the treaty, the tribe supposedly agreed to accept removal. In reality, a vast majority of the Cherokee opposed removal; Chief John Ross wrote this letter to the Senate and the House of Representatives. 11. Go to the paragraph that begins “By the stipulations of this instrument…” According

to Ross, what will the treaty do to the Cherokee?

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12. What evidence does Ross offer to support his assertion that the “instrument in question [the treaty] is not the act of our Nation”?

13. Do you think the Cherokee had any realistic chance of persuading the government to overturn the treaty? Was it “inevitable” that the Cherokee would eventually be removed from their lands? Why or why not?

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Culminating Activities

1. Read the following excerpt from Alexis de Tocqueville’s Democracy in America: “Some persons in Europe have formed an opinion of the influence of General Jackson upon the affairs of his country which appears highly extravagant to those who have seen the subject nearer at hand. We have been told that General Jackson has won battles; that he is an energetic man, prone by nature and habit to the use of force, covetous of power, and a despot by inclination. All this may be true; but the inferences which have been drawn from these truths are very erroneous. It has been imagined that General Jackson is bent on establishing a dictatorship in America, introducing a military spirit, and giving a degree of influence to the central authority that cannot but be dangerous to provincial liberties. But in America the time for similar undertakings, and the age for men of this kind, has not yet come; if General Jackson had thought of exercising his authority in this manner, he would infallibly have forfeited his political station and compromised his life; he has not been so imprudent as to attempt anything of the kind.” “Far from wishing to extend the Federal power, the President belongs to the party which is desirous of limiting that power to the clear and precise letter of the Constitution, and which never puts a construction upon that act favorable to the government of the Union; far from standing forth as the champion of centralization, General Jackson is the agent of the state jealousies; and he was placed in his lofty station by the passions that are most opposed to the central government. It is by perpetually flattering these passions that he maintains his station and his popularity. General Jackson is the slave of the majority: he yields to its wishes, its propensities, and its demands—say, rather, anticipates and forestalls them.” Was de Tocqueville correct in portraying Jackson as “the slave of the majority”? Write a 3–5 paragraph essay in which you use evidence from the documents you’ve read in this unit to support your argument.

2. Read the following excerpts from Jackson’s First Inaugural Address (the complete

text of the address can be found at http://www.socialstudies.com/article.html?article @jackson_1inaugural). How well did Jackson live up to the goals he outlined in this address? Write a 3–5 paragraph essay in which you use evidence from the documents you’ve read in this unit to support your argument. “In administering the laws of Congress I shall keep steadily in view the limitations as well as the extent of the Executive power, trusting thereby to discharge the functions of my office without transcending its authority.” “In such measures as I may be called on to pursue in regard to the rights of the separate States I hope to be animated by a proper respect for those sovereign members of our Union, taking care not to confound the powers they have reserved to themselves with those they have granted to the Confederacy.”

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“The management of the public revenue…is among the most delicate and important trusts…advantage must result from the observance of a strict and faithful economy. This I shall aim at…because it will facilitate the extinguishment of the national debt…and because it will counteract the tendency to public and private profligacy which a profuse expenditure of money by the Government is but too apt to engender. Powerful auxiliaries to the attainment of this desirable end are to be found in the regulations provided by the wisdom of Congress for the specific appropriation of public money and the prompt accountability of public officers.” “…it would seem to me that the spirit of equity, caution, and compromise in which the Constitution was formed requires that the great interests of agriculture, commerce, and manufactures should be equally favored…” “It will be my sincere and constant desire to observe toward the Indian tribes within our limits a just and liberal policy, and to give that humane and considerate attention to their rights and wants which is consistent with the habits of our Government and the feelings of our people.” “The recent demonstration of public sentiment inscribes on the list of Executive duties…the task of reform, which will require particularly the correction of those abuses that have brought the patronage of the Federal Government into conflict with the freedom of elections, and the counteraction of those causes which have disturbed the rightful course of appointment and have placed or continued power in unfaithful or incompetent hands…I shall endeavor to select men whose diligence and talents will insure in their respective stations able and faithful cooperation, depending for the advancement of the public service more on the integrity and zeal of the public officers than on their numbers.”

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APPENDIX

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Answer Key Lesson 1: Jacksonian Democracy 1. She means people of all classes. She describes them as “silent, orderly, tranquil”

when waiting for Jackson to appear. 2. She basically saw it as a demonstration of the superiority of democracy to royal or

military rule: the people were “restrained solely by a moral power,” not by troops or awe of “Kings and Princes, surrounded with armies and glittering in gold.”

3. The crowd broke through “the barrier that had separated him from the people” because they were all “eager to shake hands with him.”

4. She says that “the yard and avenue was compact with living matter,” yet “the day was delightful, the scene animating.”

5. She says the orderly crowd of earlier had been replaced by “a rabble, a mob, of boys, negros, women, children, scrambling, fighting, romping.” Since there were “no police officers placed on duty,” the crowd stormed through the house, mobbed Jackson (who seems to have barely escaped), broke “several thousand dollars” worth of glass and china and stole the refreshments; also, “Ladies fainted” and “men were seen with bloody noses.”

6. She seems to say that although she doesn’t like what happened, since it was “the People’s day” they should have been allowed to do what they did. However, she notes that in other instances when “the People” have attained power, they become “tyrants” and “ferocious, cruel, and despotic.” She compares the scene at the President’s house to the French Revolution; she thus is rather pessimistic about the prospects of a “People’s President.”

7. Answers will vary, but the tone of the letter seems to express uneasiness, and from this it can perhaps be inferred that Webster was not all that happy with Jackson being elected president.

8. Webster thinks that Jackson as president will cause great changes, but Webster does not know exactly what changes he will make.

9. Webster fears that Jackson might “mak[e] all the places he can for friends and supporters” and “shak[e] a rod of terror at his opposers.” He hopes that instead Jackson will “continue to keep his own counsels, make friends and advisers of whom he pleases, and be President upon his own strength.” In other words, he hopes that Jackson will be fair-minded rather than partisan.

10. Answers will vary. Lesson 2: The Spoils System 1. “…they are apt to acquire a habit of looking with indifference upon the public

interests and of tolerating conduct from which an unpracticed man would revolt.” In other words, they change and are no longer unsettled by things that shock an “average” person.

2. Office—and consequently government—then becomes “a means of promoting individual interests” rather than “an instrument created solely for the service of the people.” He also states: “Corruption in some and in others a perversion of correct

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feelings and principles divert government from its legitimate ends and make it an engine for the support of the few at the expense of the many.”

3. He claims that “the duties of all public officers are…so plain and simple that men of intelligence may readily qualify themselves for their performance…” He also says “I submit…to your consideration whether the efficiency of Government would not be promoted and official industry and integrity better secured by a general extension of the law which limits appointments to four years.”

4. Basically, he’s saying that it’s all right to summarily “rotate” (i.e., fire) people out of office because government employees are different from other workers: they serve at the pleasure of the people and have no claim to their jobs based on years of service or experience.

5. Answers will vary. 6. She claims that rather than using rotation in office to eliminate long-serving officials

who have lost sight of the public good, Jackson instead is using it to get rid of “those only who were opposed to your election” while leaving “your friends in full possession.”

7. She says “The alleged delinquencies of one or two public officers have for this been made a color, and the dye of their avowed iniquity has been spread with industrious cunning over the skirts of every innocent victim.” Basically, she’s claiming that Jackson found a small number of “bad apples” and used that as an excuse to get rid of all those he wanted gone.

8. She says “You ask, respecting incumbents and applicants, other questions than ‘is he honest, is he capable?’” She then says his “secret rule” is “punishment of your political opponents, and rewards for your friends.”

9. She rails against Jackson for “wield[ing] the public vengeance for your private wrongs” and essentially accuses him of misuse of power.

10. He voted against Jackson—“He preferred Mr. Adams for the presidency, because he thought him qualified, and you unqualified, for the station.” She then goes on to say “He did a patriot a duty, in a patriot’s way.” Answers to the last part of the question will vary: some will say he didn’t deserve to lose his job just because he voted against Jackson; others will say that if someone votes against you, that’s reason enough to suspect that he might not support you in the future and thus someone else should have his job.

11. Answers will vary. Some will say that it shows that Jackson really didn’t abuse the spoils system. Other will say that since “rotation in office” was supposed to make government “healthier” by getting rid of long-serving officials, then it shows that Jackson was hypocritical and not really concerned with using the system as a means to reform government.

12. Answers will vary. Lesson 3: The Battle over the Bank of the United States 1. “…has Congress the power to incorporate a bank?” 2. Incorporating a bank is not among the enumerated powers, but the decision does see

it as one of the implied powers: the Constitution charges the federal government with certain duties, and to carry out these duties

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3. It means that “necessary and proper” gives Congress the latitude to use its judgment to decide the best way for the federal government to carry out its constitutional duties.

4. Yes—“the act to incorporate the Bank of the United States is a law made in pursuance of the constitution, and is a part of the supreme law of the land.”

5. He says the powers and privileges are “unauthorized by the Constitution, subversive of the rights of the States, and are dangerous to the liberties of the people.”

6. Jackson claims here that the charter artificially inflated the bank’s stock, unjustly enriching its shareholders

7. Jackson claims foreigners hold “more than a fourth” of the bank’s stock, and refers to the other stockholders as being “our own opulent citizens” and “chiefly of the richest class.” His problem with this is that the charter essentially gives away millions of dollars (“makes them a present”) to foreign countries and wealthy Americans.

8. Jackson lays out a scenario in which foreigners and people not answerable to the voting public (“a self-elected directory”) might use the enormous power of the bank to their advantage and to the detriment of the country as a whole. He also says that “if any private citizen or public functionary should interpose to curtail its powers or prevent a renewal of its privileges,” the bank would use “its influence” to make sure this didn’t happen.

9. Rather than making the bank “a safe and efficient agent of the Government in its fiscal operation,” Jackson claims the charter is calculated to convert the Bank of the United States into a foreign bank, to impoverish our people in time of peace, to disseminate a foreign influence through every section of the Republic, and in war to endanger our independence.”

10. He claims that “the rich and powerful” have used the bank charter to give themselves “artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful.”

11. Answers will vary. 12. Jackson is shown as a king in regal robes, holding a scepter in one hand and a rolled

up paper marked “veto” in the other. Under his feet are trampled copies of the Constitution and a document labeled “Internal Improvements: U.S. Bank.”

13. The cartoon accuses Jackson of abuse of power in vetoing the bank charter: it claims the veto was unconstitutional and harmful to the nation’s “internal improvements.” “King Andrew the First” portrays Jackson as wanting to hold as much power as a king; it essentially accuses him of being undemocratic.

14. Answer will vary. Lesson 4: The Nullification Crisis 1. Webster says that Hayne believes that (1) states can act when they feel the federal

government has passed unconstitutional laws (2) that they have a right to act under the Constitution (3) that acting in such a way is a legitimate check on federal power and (4) that states can therefore annul federal laws they consider unconstitutional.

2. “Whose prerogative is it to decide the constitutionality or unconstitutionality of the laws?”

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3. “…the right of a state to annul a law of Congress cannot be maintained but on the ground of the inalienable man to resist oppression; that is to say, upon the ground of revolution.”

4. He says “It is, Sir, the people’s Constitution, the people’s government, made for the people, by the people, and answerable to the people.”

5. He says if state sovereignty is controlled only by its own feeling of justice “it is not to be controlled at all, for one who is to follow his own feelings is under no legal control.”

6. The fact that the Constitution reserves certain powers for the national government only shows that the people did not intend for states to be completely sovereign.

7. The first were probably Northern industrialists; the second were probably Southern planters.

8. Essentially, South Carolina threatened to secede: any attempt by the government to enforce the tariffs would be seen as “inconsistent with the longer continuance of South Carolina in the Union.”

9. The two appeals are “one to the judiciary, the other to the people and the states”: the first is an appeal to the Supreme Court to overturn an unconstitutional act, the second is having the people amend the constitution so that the act is either clearly prohibited or allowed. The people have these “appeals” under the Constitution, but there is “no appeal from state decision [i.e., nullification] in theory,” which, in Jackson’s view, made nullification “indefensible.”

10. If South Carolina could nullify a federal law, then all other states could as well; in addition, states might portray any law that they felt was “operating injuriously upon any local interest” as unconstitutional. Jackson then says that if nullification had been around earlier, “the Union would have been dissolved in its infancy.”

11. Jackson portrays the Constitution as creating a government in which all the people are represented; it is not a “league” of independent states. The states ceded powers to the federal government in order to create a nation; taking those powers back would effectively “destroy the unity of a nation.”

12. ”…disunion, by armed force, is TREASON.” Lesson 5: Indian Removal 1. Boudinot was trying to appeal to whites and convince them that Indians were not

really different from them. 2. He claims that Indians are “no more than all others have been under similar

circumstances.” He likens the Indians of his time to the inhabitants of Great Britain “eighteen centuries ago,” thus setting up the idea that, given time, Indians will “develop” to the extent that whites of his time had.

3. Boudinot cites material facts: numbers of livestock, looms and spinning wheels, ploughs, and schools. He seems to think that if Cherokee society could be made to outwardly resemble white society, then his people would be accepted on an equal footing.

4. Removal would put an end to “all possible danger of collision between the authorities of the General and State Governments on account of the Indians,” it would “place a dense and civilized population in large tracts of country now occupied by a few

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savage hunters,” it would “incalculably strengthen the southwestern frontier and render the adjacent states strong enough to repel future invasions,” and it would “relieve …Mississippi and…Alabama of Indian occupancy, and enable those States to advance rapidly in population, wealth, and power.”

5. Removal would “separate the Indians from immediate contact with settlements of whites; free them from the power of the States; enable them to pursue happiness in their own way and under their own rude institutions; will retard the progress of decay, which is lessening their numbers, and perhaps cause them gradually, under the protection of the Government and through the influence of good counsels to cast off their savage habits and become an interesting, civilized, and Christian community.”

6. Most students will probably say it’s not convincing, since Jackson obviously has a low opinion of the Indians, labeling them as “savage,” “rude,” and “uncivilized.”

7. Jackson sees Indians as an obstacle to “progress”: he says “What good man would prefer a country covered with forests and ranged by a few thousand savages to our extensive Republic, studded with cities, towns, and prosperous farms, embellished with all the improvements which art can devise or industry execute, occupied by more than 12,000,000 happy people, and filled with all the blessings of liberty, civilization, and religion?”

8. He says “Can it be cruel in this Government when, by events which it cannot control, the Indian is made discontented in his ancient home to purchase his lands, to give him a new and extensive territory, to pay the expense of his removal, and support him a year in his new abode?”

9. Jackson claims that since Indians are “unwilling to submit to the laws of the States and mingle with their population,” the Removal Act is “generous” because it “kindly offers…a new home, and proposes to pay the whole expense of his removal and settlement.” Answers to the second part of the question will vary.

10. The Cherokee opposed removal: “Our people universally think…that it would be fatal to their interests.”

11. The Cherokee claim that treaties and “laws of the United States made in pursuance of those treaties” protect them.

12. They claim that “the country west of the Arkansas territory” available for them to settle is barren (“badly supplied with wood and water”) and bordered by tribes who “speak a language totally different from ours, and practice different customs” and who would regard the Cherokee as “intruders.”

13. The Cherokee clearly wanted to distinguish themselves from other Indians and convince whites that they were “civilized.” Answers to the second part of the question will vary.

14. “…we are despoiled of our private possessions…we are stripped of every attribute of freedom and eligibility for legal self-defense. Our property may be plundered before our eyes; violence may be committed on our persons; even our lives may be taken away…We are denationalized; we are disenfranchised. We are deprived of membership in the human family! We have neither land nor home, nor resting place that can be called our own.”

15. He says that “…we are not party to its covenants; it has not received the sanction of our people. The makers of it sustain no office nor appointment in our Nation…[and

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do not hold] the authority to assume reins of our Government, and to make bargain and sale of our rights, our possessions, and our common country.”

16. Answers will vary.

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Argumentative Paragraph/Essay Rubric

SCORE Structure-Introduction – states thesis/main idea

– introduces main points

Weighting

Level 1 (50-59) - simple opening statement - limited identification of main points Level 2 (60-69) - thesis stated but unclear - main points unclear Level 3 (70-79) - thesis is stated but somewhat unclear - main points introduced with moderate clarity Level 4 (80-100) - thesis is precisely stated - main points clearly introduced

SCORE Structure-Conclusion – summarizes thesis/main idea – summarizes main points

Weighting

Level 1 (50-59) - abrupt ending; limited summarizing of main points Level 2 (60-69) - thesis summarized but unclear - main point summarized but unclear Level 3 (70-79) - thesis summarized but somewhat unclear - main points summarized but unclear Level 4 (80-100) - thesis clearly summarized - main points clearly summarized

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SCORE Supporting Reasons or

Arguments - arguments are related to the main idea logically

Weighting

Level 1 (50-59) - arguments are unrelated Level 2 (60-69) - arguments are unclear and not logically related to the main idea Level 3 (70-79) - arguments are usually clear and logically related to the main idea Level 4 (80-100) - arguments are quite clear and logically related to the main idea

SCORE Evidence and Examples - relevant supporting evidence - sufficient quantity of facts used Weighting

Level 1 (50-59) - limited support of points, evidence mostly irrelevant - limited or unrelated facts used Level 2 (60-69) - some points have been supported, some evidence not relevant - insufficient or missing some facts Level 3 (70-79) - most points have been supported with relevant evidence - sufficient use of facts Level 4 (80-100) - each point has been supported with relevant evidence - substantial facts used

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SCORE Mechanics of Writing – correct grammar and spelling used – use of correct citation method

Weighting

Level 1 (50-59) - grammar and spelling used with limited accuracy and effectiveness - citation method not followed or absent Level 2 (60-69) - grammar and spelling used with some accuracy and effectiveness - citation method used but with significant errors Level 3 (70-79) - grammar and spelling used with considerable accuracy and effectiveness - minor errors in citation method Level 4 (80-100) - correct grammar and spelling used with accuracy and effectiveness almost all of the time - precise use of citation method

Additional Criteria

Weighting

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Debate Rubric

Clear articulation of position SCORE

Level 1 - position is not clearly stated Level 2 - position is recognized, but only clarified through prompting Level 3 - a clear position is stated Level 4 - a clear position is stated and fully articulated

Provides support for position SCORE

Level 1 - limited support for initial position Level 2 - support for initial position is present but lacks clarity of presentation Level 3 - support for initial position is clearly presented and reasoned based on evidence Level 4 - supporting arguments for position are both reasoned and persuasively presented

Considers other positions SCORE

Level 1 - limited sensitivity to other positions Level 2 - other positions acknowledged but not considered Level 3 - other positions acknowledged and considered Level 4 - other positions considered and effectively incorporated or countered

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Effectively critiques positions SCORE

Level 1 - limited sensitivity to other positions Level 2 - other positions acknowledged but not considered Level 3 - other positions acknowledged and considered Level 4 - other positions considered and effectively incorporated or countered

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Oral Presentation Rubric

Your Name: ______________________ Topic:_____________________________

Criteria Possible Points Self-Assessment Teacher

Assessment

Provided depth in coverage of topic. 10

Presentation was well planned and coherent. 10

Presenters were models of thoughtfulness. Personal experience integrated where relevant and appropriate. Explanations and reasons given for conclusions.

10

Communication aids were clear and useful. 10

Bibliographic information for others was complete. 10

Total Possible Points 50

Rate each category according to the following scale:

• 9–10 = excellent • 7–8 = very good • 5–6 = good • 3–4 = satisfactory • 1–2 = poor • 0 = unsatisfactory

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Related Jackson Era Web Sites Andrew Jackson: “Champion of Kingly Commons” Housed on the University of Virginia’s American Studies site, this set of Web pages looks at Jackson as a “compact symbol representing the ideology of an entire generation.” Mixing clear secondary-source descriptions with selected primary sources, the site has five main sections: “Society,” “Image,” “Rhetoric,” “Memory,” and a bibliography. http://xroads.virginia.edu/~CAP/jackson/jackson.html The Papers of Andrew Jackson The Avalon Project at Yale University Law School has many of Jackson’s important papers available on this Web page, including inaugural addresses, messages to Congress, proclamations, veto messages, and executive orders. http://www.yale.edu/lawweb/avalon/presiden/jackpap.htm Rachel and Andrew Jackson: A Love Story Based on a Nashville Public Television special, this site looks at the relationship between Jackson and his wife Rachel, who died in 1828—supposedly from the stresses of the “dirty” campaign against her husband. In addition to information on Rachel’s life and what Nashville was like in the early 1800s, the site also has a section on the campaign of 1828. http://www.wnpt.org/rachel/ Nullification Part of the extensive Digital History site housed at the University of Houston, this page offers a concise overview of the nullification crisis, as well as other major events during Jackson’s presidency. The Digital History site also contains primary sources, lesson plans, discussion questions, a timeline, and much more. http://www.digitalhistory.uh.edu/database/article_display.cfm?HHID=639 The Trail of Tears This About North Georgia site offers a history of the Cherokee and the Trail of Tears, including maps of the trail, statistics, and other sites of interest. http://ngeorgia.com/history/nghisttt.html The West: Trail of Tears Part of the companion Web site to the PBS series The West, this page has a brief history of the Trail of Tears, quotes from historians, a timeline, maps, photographs, excerpts from primary sources, and more. http://www.pbs.org/weta/thewest/program/episodes/two/hearteverything.htm

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Resources on the Jackson Era available from Social Studies School Service

To order, go to http://www.socialstudies.com/mproduct.html and enter the code and quantity of the desired titles or call toll-free 800-421-4246. RECONSTRUCTION: At Issue in History. Edited by William Dudley. Twelve primary- and secondary-source articles present opposing viewpoints on Reconstruction. Each selection is preceded by a summary of main points and conclusions. An introductory essay provides background and context. Grades 7–12. Index. Chronology. Research resources (books, documents, periodicals, Web sites). Illustrated. Greenhaven. 122 p. ©2003. GP227 Paperback $16.96 RECONSTRUCTION, 1865–1877: Primary Sources in U.S. History. Encouraging students to synthesize ideas about life in the past by reading letters, examining cartoons, and reviewing numerous other primary source documents, this reproducible curriculum unit investigates topics such as the Freedman’s Bureau, the Ku Klux Klan, the Exodusters, Southern religions and Reconstruction, reconstructing the Union. The lessons include teaching notes, the documents themselves, and student handouts. Also included is a sample lesson introducing students to working with primary source documents, and a complete set of analysis worksheets which can be used with any primary source. Grades 9–12. Bibliography (including online sources). Spiralbound. 8½"x11".Center for Learning. Approximately 100 pages. ©2000. CFL631 Reproducible curriculum unit $27.95 THE FREEDMEN’S BUREAU: Catalyst for Freedom? Amid raging controversy, the federally empowered Freedmen’s Bureau set out to transform the South by securing justice, education, and jobs for freed slaves—and these lessons plunge students straight into the center of the Bureau’s difficulties. Evaluating primary source documents (federal legislation, diary entries, letters, bureau records, military court communiques, land regulations, labor contracts) that represent different points of view, students gain an understanding of the successes and failures of Reconstruction. Grades 8–12. Bibliography. Illustrated. Spiralbound. 8½" x 11". National Center for History in the Schools. 75 p. ©1998. NH159 Reproducible unit of study $16.95

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RECONSTRUCTION AND SEGREGATION: United States History Video Collection. Offers incisive looks at Lincoln’s assassination, the Freedman’s Bureau, Congressional Reconstruction, the Reconstruction Amendments, the rise of the Ku Klux Klan, sharecropping, segregation, the racial caste system, and “separate but equal.” An entertaining mix of archival imagery, reenactments, dramatic readings, and interviews with historians provides facts in context and from many perspectives, including those of often underrepresented groups. Grades 5–12. Closed captioned. Color. 35 minutes. Schlessinger. ©1996. LV440V VHS videocassette $39.95 LV440DV DVD $39.95 THE ERA OF RECONSTRUCTION: History Unfolding. Conveying America's past in strong, unforgettable images, this set motivates discussion and engage students in assignments adaptable for varying age and ability levels. The packet contains 12 transparencies (photographs, documents, editorial cartoons, works of art, prints) and a 20-page guide with four complete lessons: “The Meaning of Emancipation,” “Between Slavery and Freedom,” “Reconstruction and the South,” “The Retreat from Reconstruction”. The guide includes reproducible pages featuring each image, plus background information, questions, and multiple activities. Grades 7-12. 8½" x 11". Highsmith. ©1997-2001. HS293 Primary source transparencies, guide $24.95 EDMUND ROSS: Profile in Courage. The Kansas senator blocks the impeachment of Andrew Johnson, basing his vote on the trial evidence rather than the dictates of his party’s leaders. His vote preserves constitutional government in the U.S. by preventing the Senate from impeaching presidents for being politically unpopular. Issues: executive vs. legislative power, impeachment and the Constitution, and the politics of Reconstruction. Stars Bradford Dillman. Black-and-white. 50 minutes. Zenger. ZF106V VHS videocassette, guide $49.95 ZF106DV DVD, guide $49.95