THE TRIAL OF ANDREW JACKSON

Background:

It is March, 1834 and Andrew Jackson, the seventh president of the

United States, is in danger of losing the presidency for assuming
powers not conferred to the chief executive by the Constitution. If
convicted, Jackson will be forced to resign and his vice president,
Martin Van Buren, will assume the presidency. Due to a quirk in time,
you have been transported back to the year 1834. The United States is
about to put Jackson on trial for abusing the power of the presidency
and defying the constitution. It will be your job to prove his innocence
or guilt. Was he a president for the common man, or was he a tyrant?
The specific charges are as follows:

1. President Jackson violated the separation

of powers in his actions to destroy the Bank of
the United States.

2. President Jackson violated states' rights in his

dealings with South Carolina in the nullification
crisis.

3. President Jackson violated laws, treaties, and

Supreme Court orders in his dealings with
Native Americans.

Cast of Characters are as follows for our simulation:

On Trial: Andrew Jackson

The Prosecution Witnesses

Chief John Ross
Chief Justice John Marshal
John Calhoun
Henry Clay
Nicholas Biddle
Samuel Cloud
Samuel Worcester
Defense Witnesses
General Winfield Scott
Martin Van Buren
Thomas Hart Benton
Postmaster General Amos Kendall
Joel R. Poinsett
Major Ridge
Elias Boudinot

There will be:

3 attorneys for the prosecution (United States)

3 attorneys for the defense
2 sketch artists
3 court news reporters

The Prosecution Team

1. The prosecution shall consist of three attorneys.
2. The prosecution will prepare its case to prove that Andrew Jackson
is guilty under each of the three counts of the indictment listed above.
3. Each attorney for the prosecution will prepare a thirty second
opening/closing statements that will (1) introduce and (2)
summarizing the prosecutions case against Jackson (3) Closing
arguments
4. The prosecution will be allowed to ask two primary questions and
two follow up questions as part of its examination of Jackson and one
primary and follow-up question of each of the other witnesses.
Prosecutors should split up witnesses for both the
defense/prosecution. Discuss this with one another before the trial.
Divide up your team AND the witnesses you will cross examine.

Defense Team
1. The defense team shall consist of three attorneys.
2. The defense team will prepare its case to prove that Andrew
Jackson is not guilty of any of the charges as outlined by the general
indictment above
3. Each attorney for the defense will prepare 30 second
opening/closing statements supporting Jackson. (1) introducing and (2)
summarizing the defense team's case for Jackson's acquittal on all
three counts, and (3) Closing arguments.
4. The defense will be allowed to ask two primary questions and two
follow up questions. Follow up questions as part of its examination of
Jackson and one primary and follow-up question of each of the other
witnesses . Again- divide up the witnesses and those you are going to
cross examine.

Witnesses
1. In addition to Jackson's testimony, there will be other witnesses
available for questioning; they will be witnesses for the prosecution
and for the defense.
2. The prosecution witnesses are Chief John Ross, Chief Justice John
Marshal,
John Calhoun, Henry Clay, Nicholas Biddle, Samuel Cloud, Samuel
Worcester
3. The defense witnesses will be General Winfield Scott, Martin Van
Buren,
Thomas Hart Bento, Postmaster General Amos Kendall, Joel R.
Poinsett, Major Ridge
and Elias Boudinot

4. Each witness must be familiar with the issues that would have
concerned their character and be familiar with the general ideas and
issues. Each witness will be questioned by members of both the
prosecution and the defense.

News Staff
1. Will observe and report on pre-trial and trial events.
2. May interview various members of the defense and prosecution
teams and speculate as to strategy, tactics and opinions.
3. News team will be interviewing witnesses and asking questions
pertaining to the case. They may interview the lawyers as well.

News reporters are required to:

Create a compelling news headline and story before, during, and after
the trial. (3 total)
Each one of you will read your articles aloud for the class. These will
be chosen randomly.

Photographer:
The photographers job is to take pictures of Jackson, witnesses and
trial photos and create either a poster or digital presentation of the
trial. Photographer will write a caption for each photo taken. This will
be presented the class.

Sketch Artist:
One Sketch Artist will be responsible for the defense team and one for
the prosecution.
Each Sketch artist will create a political Cartoon centered around
Jackson and the trial.
Each Sketch artist will interview witnesses from their respective sides
and choose two witnesses to sketch. Each sketch will have short
narrative on the witnesses perspective on the trial.

Trial Procedure
1. Judge reads the charges against Andrew Jackson (2 minutes)
2. Opening statement for the Prosecution (1 minute)
3. Opening statement for the defense (1 minute)
4. Testimony of witnesses (prosecution and defense teams have 2
minutes for examination of each witness AND one minute for cross
examination. ( 42 min)
5. Closing statement for the prosecution (1-2 minutes)
6. Closing statement for the defense (1-2 minutes)
7. Judges deliberate and reach/read verdict and sentence (5 minutes)

Assignment / Grade
1. This simulation assignment will be due for presentation on (date to
be announced).
2. Because this assignment requires application of research and
writing skills as well as role-playing, the grade will be determined by
the following:
Attorneys will turn in the following: Questions for the witnesses that
will be asked as well as speech/opening statements and closing
statements typed.
3. A written deposition by each witness outlining their position.
News reporters- you will each turn in a news article that highlights
the case’s pre-trial interviews and trial coverage. This should be one
page- NOT DOUBLE SPACED
*If you “dress” the part- I will offer 5 points extra credit
Suggested Websites:

Indictment #1 President Jackson violated the separation of powers in

his actions to destroy the Bank of the United States.

Andrew Jackson and the Bank War (Nicholas Biddle, Henry Clay,
Martin Van Buren, Thomas Hart Benton)

http://www.history.com/topics/bank-war
http://www.let.rug.nl/usa/essays/1801-1900/andrew-jackson-and-the-
bankwar/introduction.php
http://facweb.furman.edu/~benson/docs/clay.htm
http://www.let.rug.nl/usa/presidents/andrew-jackson/bankveto-
message-1832.php

Indictment #2 President Jackson violated states' rights in his dealings

with South Carolina in the nullification crisis.

Andrew Jackson and the Nullification Crisis (Joel R. Poinsett, John

Calhoun, Martin Van Buren, Henry Clay)

http://www.history.com/topics/us-presidents/andrew-jackson/videos/
jackson-cherokees-tariffs-and-nullification
http://www.ushistory.org/us/24c.asp
http://pinzler.com/ushistory/vetoofmaysupp.html
http://www.constitution.org/hwdebate/hwdebate.htm
http://avalon.law.yale.edu/19th_century/jack01.asp
http://www.wadsworth.com/history_d/special_features/ext/am_hist/ap/
chapter10/10.2.jackson.vanburen.html

Indictment #3 President Jackson violated laws, treaties, and Supreme

Court orders in his dealings with Native Americans.

Trail of Tears (Chief John Ross, Chief Justice John Marshal, Samuel
Cloud, Samuel Worcester, General Winfield Scott, Postmaster General
Amos Kendall, Elias Boudinot, Major Ridge)

http://www.history.com/topics/native-american-history/trail-of-tears
http://chamberlain-m3-project.weebly.com/samuels-story.html
http://www.synaptic.bc.ca/ejournal/jackson.htm#.VylkXGK9KSM
https://www.mtholyoke.edu/acad/intrel/removal.htm
http://www.let.rug.nl/usa/documents/1826-1850/marshall-cases-
cherokee-nation-v-state-of-georgia-1831.php
http://www.georgiaencyclopedia.org/articles/government-politics/
worcester-v-georgia-1832