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Creating a New Nation

Articles of Confederation

Become 1 country or 13 little countries?

• Why not unify?– Strong loyalty to the individual states

• Individual governments

– Communication– Not economically interdependent

• Traded more with England than with each other

• Why unify?– Common language, culture– No tradition of hostility to each other– Had a common effort to beat England

State Constitutions

• Continental Congress in 1776 called upon the states to draft new state constitutions where authority rests with the people– Theory of Republicanism

• Most of these constitutions had:– Bill of Rights– Annual elections of legislatures– Weak executive and judicial branches

• Still need a central government to work with the states

Articles of Confederation

• First framework for US government

• Established a Confederation- loose alliance of states with a weak central gov’t and strong state gov’ts

• State gov’ts were supreme and national gov’t existed with Congress only

What it did:• Each state had 1 vote in Congress

• Gave Congress the power to: – declare war– make peace– sign treaties– borrow money– set standards for coins– establish a postal service – deal with Native Americans

What it didn’t do

• Did not create a separate executive department to carry out and enforce the acts of Congress

• No national court system to interpret the meaning of laws

• Could not collect taxes• All other powers belonged to individual

states

Conflicts over Western Land

• By 1779, 12 states agreed to accept the new gov’t (all but Maryland)

• MD feared that states with land claims west of the Appalachian Mtns would overpower smaller states and refused to ratify (accept).

• Extra land forfeited to national gov’t– Jefferson comes up with 2 land plans

Land Ordinance of 1785

• Established a procedure for surveying the land

• Established a grid system– Divided land into townships of 36 square

miles, then divided into 36 sections of 1 square mile

• One section set aside for public education

Northwest Ordinance of 1787• Established a procedure for dividing the

land into 5 territories:– Ohio, Indiana, Illinois, Michigan, Wisconsin

• Established a system for those territories to become states– Territory could apply for statehood when

population reached 60,000– Banned slavery from Northwest Territory

• SIG: Western Lands- 1 of the few successes of AoC

Articles of Confederation Ratified!

• Went into effect in March 1781

• Big question is, Will it work?– No!– 2 big problems show how Articles of

Confederation cannot control the new country

Shays’ Rebellion

• Winter 1786- Taxes very high, farmers can’t pay-losing their farms

• Springfield, Massachusetts- Daniel Shays leads rebellion– Put down but scared people– Questions over whether the central gov’t

can step in.

Interstate Commerce

• Trade between states

• New York was taxing New Jersey goods high

• Virginia and Maryland were fighting over the Potomac River

• Can central gov’t do anything?

Political Problems of the AoC• Lacked national unity- each state

considered completely independent

• Each state had 1 vote- regardless of population

• 2/3 majority needed (9/13 states) to pass a law

• Unanimous vote needed to amend

• No executive branch to enforce laws

• No court system to interpret the laws

Economic Problems

• Huge debt from Revolutionary War owed to foreign nations (France)

• Congress had no power to tax

• Congress printed it’s own money- “Continentals”=worthless

• No power to regulate interstate commerce

Foreign Policy Problems

• With debts unpaid, GB refused to evacuate soldiers from forts around the Great Lakes

• Congress had no power to regulate foreign trade– Spain closed the Mississippi River to

American trade- hurt western farmers

Need to Revise

• Decided to meet May 25, 1787 in Philadelphia

• 55 delegates from 12 states (RI didn’t make it)

• George Washington Elected chairman- no outsiders allowed

• Decided to scrap the Articles of Confederation and begin anew

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Creating a New Nation

Constitutional Convention and Bill of Rights

Words of George Washington

• “The consequences of.. [an] inefficient government are too obvious to be dwelt upon. Thirteen sovereignties pulling against each other, and all tugging at the federal head will soon bring ruin on the whole… Let us have [government] by which our lives, liberty, and property will be secured or let us know the worst at once.”

• Need to revise Articles of Confederation

Constitutional Convention

• Held in Philadelphia, May 1787- State House (Independence Hall)– Window shut tight to prevent eaves droppers

• Purpose was to revise the Articles of Confederation

• 12/13 States (all but Rhode Island) represented• Key Players: Ben Franklin, Alexander Hamilton,

George Washington, James Madison

Key Conflicts and Compromises of the

Convention:

Strong central gov’t v. strong state gov’ts

• Strong Central: Authority from the people; central/national/federal government should have more power

• Strong state: Authority derives from the state; States should remain stronger than nat’l gov’t.

• Compromise: Federalism- divide power between the states and central gov’t

Federalism• Enumerated Powers (Federal):

– Foreign Affairs– Providing national defense– Regulating trade between states (INTERstate

commerce)– Coining money– Implied Powers: Article 1, Section 8- necessary and

proper clause, aka the elastic clause• Congress can stretch the powers of federal gov’t whenever its

necessary and proper

• Reserved Powers (States)– Education– Marriage Laws– Regulating trade within the state (INTRAstate

commerce)

Stop and Think!

• How is this different from the Articles of Confederation?

Separation of Powers

• 3 Branches of government created to protect against an abuse of power– Legislative Branch- makes laws

• Congress– Executive Branch- enforces the laws

• President, VP, Cabinet– Judicial Branch- interpret laws

• Courts

• Checks and Balances- in order to ensure that 1 branch doesn’t get too powerful, each branch “looks over the shoulder” of the others

Large States v. Small States• Deals with representation in Congress- how is it

going to be determined?• Large States (VA PLAN)-James Madison

– Congress should be split into 2 houses (bicameral)– Delegates assigned based on population

• Small States (NJ PLAN)- William Patterson– 1 house for Congress (unicameral)– Each state gets 1 vote

• Compromise: “The Great Compromise”– Bicameral Leglislature

• Senate (Upper House)- equal representation (2 per state)• House of Representatives (lower House)- based on

population

Northern States v. Southern States

• Dealing with how slaves should be counted in regards to population and taxes

• North: slaves should not be counted for population but should be when levying taxes

• South: slaves should be counted for population but should not be when levying taxes

• Compromise: “3/5 Compromise”– Each slave counted 3/5 of a person for both

taxation and representation

Southern Plantation Owners v. Northern Businessmen

• Tariff: Tax imposed on goods (imported or exported

• Northerners wanted tariffs to protect their industries from foreign competition

• Southerners opposed b/c they felt it would hurt their trade

• Compromise: tax imports not exports

Electing the President- Upper class v. lower class

• Upper class people worry that lower class could out vote them in an election

• Solution- Electoral College– Each state chooses a number of electors

(# of Senators + # of Congressmen)– Electors cast presidential votes for the

people

The Constitution

• George Washington presided over the convention- didn’t really do much

• James Madison- “Father of the Constitution”- kept detailed notes, authors plans, led debates

• After 4 months the convention created a constitution with an amendment process

• Needed 9 states to ratify- approve it• Issue is no “Bill of Rights”

Document

• Consists of the Preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

• Article I- Legislative Branch• Article II-Executive Branch• Article III- Judicial Branch• Article IV- Relations among states• Article V:Provisions for Amendments• Article VI:Public Debts, Supremacy of Nat’l Law, Oath• Article VII: Ratification of the Constitution

Ratifying the Constitution

• Each state met to decide to ratify or not

• Framers had an opportunity to campaign for ratification

• People are unsure of whether the Constitution will protect their individual rights– Does not specifically do that

Federalists v. Anti-Federalists• Federalist- Supported new Constitution

– Believed checks and balances would protect American’s rights

– Believed a strong gov’t was needed– Support from urban area– Wrote the Federalist Papers- essays

defending the Constitution AS IS

• Anti-Federalists- did not support Constitution as is– Opposed strong central gov’t, felt the need for

a Bill of Rights

Important Federalists and Anti-Federalists

• Federalists- George Washington, James Madison, Alexander Hamilton

• Anti-Federalists- Patrick Henry, Samuel Adams, Thomas Jefferson

Documents that influenced the Bill of Rights

• Virginia Declaration of Rights ( George Mason)– Reiterated the notion that basic human rights

should not be violated by governments

• Virginia Statute for Religious Freedom– By Thomas Jefferson– Outlawed the established church- that is, the

practice of government support for one favored church

Ratification of the Constitution

• Virginia and New York refused to sign the new constitution

• In September 1789 congress submitted 12 amendments– Key Person- James Madison

• By December 1791, 10 had been passed

U.S. Bill of Rights

First 10 Amendments to the Constitution

1st Amendment

• Religious and Political freedom– Press– Speech– Religion– Assembly– Petition

2nd Amendment

• Right to bear arms

3rd Amendment

• Freedom from quartering troops

4th Amendment

• Freedom against unreasonable search and seizure

5th Amendment

• Rights of the accused

6th Amendment

• Right to a speedy and public trial

7th Amendment

• Right to trial by jury

8th Amendment

• Limits on fines and punishments

9th Amendment

• Rights of the people

10th Amendment

• Power of the States and the people

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Creating a New Nation

Washington and Adams Administrations

A New Government

• President: George Washington– Unanimous choice for the first president

• Strong national leader• Hero of the Revolution• Encouraged nationalism- pride in one’s country

– Washington created executive departments which became his first cabinet

Washington’s Cabinet

• Secretary of State: Thomas Jefferson– Dealt with foreign affairs

• Secretary of Treasury: Alexander Hamilton– Managed finance

• Secretary of War: Henry Knox– Handled military matters

• Attorney General: Edmund Randolph– Chief lawyer of the federal government

Judiciary Act of 1789• The Constitution had authorized Congress to

set up a federal court system but didn’t say exactly how

• Set up a Supreme Court (Chief Justice and 5 associate justices), 3 federal courts and 13 federal district courts

Domestic Issues• Next order of business was to repay the war debt• Hamilton pushes through an excise tax- a tax on

product’s manufacture, sale or distribution- will be charged on whiskey– Angered frontier farmers-whiskey main source of cash

• Hamilton proposed to pay off foreign debt 1st– Nation couldn’t truly be independent as long as they owe

other nations

• Also proposed that the fed. gov’t assume the debts of the states– Thought it would give states incentive to support the gov’t– Angered Southerners b/c they had already paid off most of

their debts-would be taxed to pay off Northern debts

Hamilton’s National Bank• Hamilton proposed the creation of the National

Bank– Funded by both the fed. gov’t & wealthy private

investors– The Bank of the United States would issue paper

money and handle tax receipts and other gov’t funds

• Hamilton favored a “loose” interpretation of the Constitution and the “elastic clause” (Article 1 Section 8, Number 18)- “necessary and proper”

Opposition to Hamilton’s Plan

• James Madison claimed the bank would form an unhealthy alliance between the gov’t and wealthy business interest

• Thomas Jefferson and Madison favored a “strict” interpretation of the Constitution- if it doesn’t say it in the document, you cant do it– Constitution doesn’t say anything about the

National Bank

Hamilton, Jefferson and Madison Compromise

• Hamilton proposes that the nation’s capital be moved from NYC to Virginia– Pleased southerners, particularly Virginians such

as Jefferson and Madison• Southern site for the capital would make the gov’t

more responsive to their interests

• 1790, the debt bill is passed– National Bank is created– Capital moved to Virginia- Washington D.C

• Planned by Pierre L’Enfant and later Andrew Ellicott

Whiskey Rebellion

• Frontier Farmers were furious over the excise tax (a.k.a the whiskey tax)

• 1794, farmers in Pennsylvania refused to pay the tax

• Farmers beat up federal marshals in Pittsburgh and even threatened to secede from the Union

• 15,000 militiamen along with Washington and Hamilton hiked over the Allegheny Mtns and scattered the rebels without a single loss of life

Political Parties

• Form at the end of Washington’s presidency– Formed around the issue of the power and size of the

fed gov’t in relation to the state and local gov’ts

• Federalists led by Alexander Hamilton and John Adams– Believed a strong national gov’t and industrial economy

• Democratic-Republicans led by Thomas Jefferson– Believed in a weak national gov’t and agricultural

economy

Foreign Issues• France Revolution going on- Americans

support until France declared war on Britain

• Jefferson and Democratic- Republicans supported France, Hamilton and Federalists supported the British– Washington’s Neutrality Act 1793-US staying

out of it!

Pinckney Treaty• Thomas Pinckney

• Spain controlled Florida and land west of the Mississippi River and New Orleans

• makes a treaty with Spain which owned Florida and the Louisiana Territory

• US gains navigation rights of the Mississippi River• Use of the port of New Orleans

• Allows US to trade a lot easier and a lot more– Shorter trade routes and more efficient

Jay’s Treaty

• John Jay

• Great Britain still controlled several forts in the American Northwest

• 1794- Britain agreed to remove troops from US soil, but were allowed to maintain fur trading ties with Native Americans on US soil

• Angered Democratic-Republicans (especially western farmers)

Washington Bids Farewell

• Washington set a MAJOR Precedent (an example, or guide)– Left the office after serving 2 terms

• Not a law yet

• Washington’s Farewell Address- warns of 2 major things:– Getting involved in foreign issues – Party Politics

President John Adams

• Election of 1796– John Adams (federalist) v. Jefferson (D-R)– North for Adams, South for Jefferson-

leads to sectionalism• Loser of the election becomes Vice President

– Federalist President, Democratic-Republican VP

– Administration begins with problems• Possible war with France

XYZ Affair• French thought US was making an alliance with

the British and began seizing US ships• Adams sent 3 envoys to work things out with

French foreign minister Talleyrand– Not allowed to meet with him unless pay $250,000-

REALLY high bribe- Adams doesn’t pay

• creates Navy and authorizes US ships to seize French ones (undeclared war)– Many want war to expand but Adams doesn’t– Tries to negotiate: no more treaty, pay for damages, no

more seizing ships• Adams gets peace but ruins his political career

Legislation to hurt Dem.-Reps.

• Congress passes 3 laws:– Naturalization Act- increased the amount of time necessary

for immigrants to become citizens from 5 to 14 years– Alien Act- Immigrants had to register with gov’t and made it

easy for them to be deported if Pres. Felt they were a danger to the US

– Sedition Act- crime to criticize the gov’t

• Passed because immigrants tended to gravitate to D-R

• Federalists felt that they cannot trust foreigners• Actually made D-R stronger

The States Respond• Jefferson and Madison see the Alien and Sedition acts

as misuse of power by the fed gov’t

• Virginia/ Kentucky Resolution– Stressed the compact theory- states entered into a

compact when they agreed to the Constitution– Fed gov’t was created by the states to serve as their

agent– State legislatures could therefore declare laws of

Congress unconstitutional and consider them void (nullification)

• Cant really do this but it was used as a campaign ploy for the election of 1800