The Constitution and the The Constitution and the New State New State

Chapters 9 and 10Chapters 9 and 10

Abolition of Slavery: State by StateAbolition of Slavery: State by State 1777 1777 Vermont’s Vermont’s Constitution bans slavery.Constitution bans slavery. 1780 1780 PennsylvaniaPennsylvania frees the future children of slaves. Those frees the future children of slaves. Those

born prior to the Act remain enslaved-for-life. born prior to the Act remain enslaved-for-life. 1783 1783 MassachusettsMassachusetts rules slavery illegal based on 1780 rules slavery illegal based on 1780

constitution. All slaves immediately freed.constitution. All slaves immediately freed. 1783 1783 New Hampshire New Hampshire begins a gradual abolition of slavery, begins a gradual abolition of slavery,

freeing future children of slaves, and all slaves over time.freeing future children of slaves, and all slaves over time. 1784 1784 ConnecticutConnecticut and and Rhode Island Rhode Island begin a gradual begin a gradual

aboliton of slavery, freeing future children of slaves, and all aboliton of slavery, freeing future children of slaves, and all slaves over time.slaves over time.

17991799 New York State New York State passes gradual emancipation act passes gradual emancipation act freeing future children of slaves, and all slaves in 1827.freeing future children of slaves, and all slaves in 1827.

1804 1804 New Jersey New Jersey begins a gradual abolition of slavery, begins a gradual abolition of slavery, freeing future children of slaves.freeing future children of slaves. Those born prior to the Act Those born prior to the Act remain enslaved-for-life. remain enslaved-for-life.

18041804 All the Northern states have now abolished slavery All the Northern states have now abolished slavery

The Constitution: Liberal or Conservative?The Constitution: Liberal or Conservative?

LiberalLiberal Creates a republicCreates a republic Establishes an explicit Establishes an explicit

written contract with written contract with the peoplethe people

Electoral college and Electoral college and Senate protect the Senate protect the power of small power of small minorities in the lower minorities in the lower population statespopulation states

Checks & Balances and Checks & Balances and Federalism are built-in Federalism are built-in limits on government limits on government powerpower

ConservativeConservative Demanded sound Demanded sound

currency and protection currency and protection of private propertyof private property

Strengthens Federal Strengthens Federal government overall (and government overall (and executive & judiciary in executive & judiciary in paraticular) the Articles paraticular) the Articles of Confederationof Confederation

Limited democracy Limited democracy (electoral college & (electoral college & appointed Senators)appointed Senators)

Constitution MakingConstitution Making 1776 – 21776 – 2ndnd Continental Congress called Continental Congress called

on colonies to draft new constitutionson colonies to draft new constitutions Become “states”Become “states” Contracts that defined powers of govtContracts that defined powers of govt Drew authority from the peopleDrew authority from the people Bill of RightsBill of Rights Weak executive and judicial branchesWeak executive and judicial branches

State capitals relocated to interior of State capitals relocated to interior of statesstates

EconomicsEconomics Many large Loyalist lands were cut up Many large Loyalist lands were cut up

into small farmsinto small farms Economic democracy preceded Economic democracy preceded

political democracypolitical democracy Trade with Britain was cut off, but the Trade with Britain was cut off, but the

foreign trade was open to coloniesforeign trade was open to colonies Runaway inflationRunaway inflation Depression hits bottom in 1783Depression hits bottom in 1783

Articles of ConfederationArticles of Confederation Loose confederation of Loose confederation of

independent statesindependent states No executive or judicial No executive or judicial

branchbranch Legislation required 9 Legislation required 9

states to agreestates to agree Amendments required Amendments required

unanimity – impossible!unanimity – impossible! No power to regulate No power to regulate

commercecommerce No power to enforce No power to enforce

taxation – voluntary!taxation – voluntary!

Articles LandmarksArticles Landmarks Land Ordinance of 1785Land Ordinance of 1785

Acreage of old northwest should be soldAcreage of old northwest should be sold Land would be surveyed and divided into Land would be surveyed and divided into

townshipstownships One township reserved for educationOne township reserved for education

Land Ordinance of 1787Land Ordinance of 1787 Procedure for admitting new statesProcedure for admitting new states Forbade slavery in old northwest Forbade slavery in old northwest Made policy for how to handleMade policy for how to handle

new territoriesnew territories Tutelage, then equalityTutelage, then equality

Foreign Policy in the New Nation Foreign Policy in the New Nation Britain closed West Indies to trade from USBritain closed West Indies to trade from US Britain kept a series of forts on US territoryBritain kept a series of forts on US territory

Keep fur trade; protect Canada; future attacks?Keep fur trade; protect Canada; future attacks? US did not honor Treaty of Paris – pay debts to US did not honor Treaty of Paris – pay debts to

British creditors or restore loyalist propertyBritish creditors or restore loyalist property Spain controlled Mississippi RiverSpain controlled Mississippi River

Closed the river to American commerceClosed the river to American commerce Both Britain and Spain antagonized U.S. Both Britain and Spain antagonized U.S.

through relationships with the Indiansthrough relationships with the Indians Showed need for a stronger US govtShowed need for a stronger US govt

Shay’s RebellionShay’s Rebellion

Western Massachusetts – 1786Western Massachusetts – 1786 Farmers (many of them war vets) were losing Farmers (many of them war vets) were losing

farms due to mortgage foreclosure or tax farms due to mortgage foreclosure or tax delinquenciesdelinquencies Attempted to force govt to issue paper Attempted to force govt to issue paper

money and suspend takeoversmoney and suspend takeovers Followers were crushed by Mass armyFollowers were crushed by Mass army Fear of “mobocracy” showed need for Fear of “mobocracy” showed need for

stronger central govtstronger central govt

Constitutional Convention - 1787Constitutional Convention - 1787 55 reps from 12 states met in secrecy55 reps from 12 states met in secrecy Delegates more conservative, well-to-do, young, Delegates more conservative, well-to-do, young,

nationalisticnationalistic

3 Branches of govt – checks and balances3 Branches of govt – checks and balances Great Compromise – Sherman PlanGreat Compromise – Sherman Plan

Balance small states with large statesBalance small states with large states Upper house with equal reps, lower house based on Upper house with equal reps, lower house based on

populationpopulation Executive chosen through electoral collegeExecutive chosen through electoral college 3/5 Compromise – slaves counted as 3/5 of a person for 3/5 Compromise – slaves counted as 3/5 of a person for

taxation, representationtaxation, representation

What’s the Difference?What’s the Difference?ConfederationConfederation

Joining is optionalJoining is optional Leaving IS an optionLeaving IS an option An organization that An organization that

consists of a number consists of a number of parties or groups of parties or groups united in an alliance united in an alliance or league.or league.

Core source of power Core source of power is still in each is still in each member rather than member rather than in a centralized in a centralized powerpower

FederationFederation Joining is mandatoryJoining is mandatory Leaving IS NOT an Leaving IS NOT an

optionoption A group of states A group of states

with a central with a central government but government but independence in independence in internal affairs.internal affairs.

So states have some So states have some degree of internal degree of internal autonomyautonomy

Federalists v. Anti-FederalistsFederalists v. Anti-Federalists The “Establishment”; The “Establishment”;

East Coast; merchants East Coast; merchants & manufacturers; & manufacturers; Wealthier; more Wealthier; more educatededucated

War & Shay’s War & Shay’s Rebellion convinced Rebellion convinced them of need for them of need for more gov’t powermore gov’t power

George Washington, George Washington, Ben FranklinBen Franklin

Promised a bill of Promised a bill of rights by amendmentrights by amendment

Poorer classes; Poorer classes; Western; rural; Western; rural; farmers & frontier folkfarmers & frontier folk

State’s Rights State’s Rights devotees opposed the devotees opposed the stronger federal stronger federal governmentgovernment

Sam Adams, Patrick Sam Adams, Patrick Henry & Richard Henry & Richard Henry LeeHenry Lee

Alarmed by the lack of Alarmed by the lack of a Bill of Rightsa Bill of Rights

The Federalist PapersThe Federalist Papers Written anonymously by Alexander Written anonymously by Alexander

Hamilton, John Jay, and James MadisonHamilton, John Jay, and James Madison Signed “publius”Signed “publius”

PropagandaPropaganda Persuade New Yorkers to pass Persuade New Yorkers to pass

the Constitutionthe Constitution Eventually the last 4 statesEventually the last 4 states

ratified because they had toratified because they had to

The New NationThe New Nation The nation was growingThe nation was growing

Population was 4 million in 1790Population was 4 million in 1790 Pop. mostly rural, but cities were growingPop. mostly rural, but cities were growing

George Washington was unanimously elected George Washington was unanimously elected President by Electoral CollegePresident by Electoral College Established a cabinet – state, treasury, and Established a cabinet – state, treasury, and

warwar Bill of Rights passed in 1791Bill of Rights passed in 1791 Judiciary Act of 1789Judiciary Act of 1789

Organized the supreme court – chief justice Organized the supreme court – chief justice and 5 associate judges and federal district and 5 associate judges and federal district courtscourts

John Jay became first chief justiceJohn Jay became first chief justice

Alexander HamiltonAlexander Hamilton First Secretary of the TreasuryFirst Secretary of the Treasury Financial GeniusFinancial Genius

Favored the wealthier groups Favored the wealthier groups Bolster national creditBolster national credit Assume the debt – pay off at face value Assume the debt – pay off at face value

plus interest – 1790 Congress passed the plus interest – 1790 Congress passed the measuremeasure

Assumption would chain the states to the Assumption would chain the states to the federal governmentfederal government

Bargained location of DC for the assumption Bargained location of DC for the assumption of debtof debt

Pay for it with money from customs dutiesPay for it with money from customs duties Tariff and excise tax on whiskeyTariff and excise tax on whiskey

Whiskey RebellionWhiskey Rebellion Flared up in SW Pennsylvania in 1794 to Flared up in SW Pennsylvania in 1794 to

challenge new govt and Hamilton’s excise taxchallenge new govt and Hamilton’s excise tax Tarred and feathered revenue officersTarred and feathered revenue officers Washington summoned several militias to Washington summoned several militias to

crush the rebellion, but found nonecrush the rebellion, but found none Brutal display of forceBrutal display of force First use of federal troops to put down First use of federal troops to put down

rebellionrebellion Government commanded new respectGovernment commanded new respect

Battle for the BankBattle for the Bank Hamilton proposed the Bank of the USHamilton proposed the Bank of the US Became a question of constitutionalityBecame a question of constitutionality

Jefferson said no – it wasn’t in constitutionJefferson said no – it wasn’t in constitution Strict constructionismStrict constructionism

Hamilton said it was “necessary and Hamilton said it was “necessary and proper”proper”

Loose contructionismLoose contructionism

Washington sided with HamiltonWashington sided with Hamilton Bank of US was created in 1791Bank of US was created in 1791

20 year charter20 year charter

Loose Loose ConstructionismConstructionism

““The Congress shall have The Congress shall have power - to make all Laws power - to make all Laws which shall be which shall be necessary necessary and properand proper for carrying for carrying into Execution the into Execution the foregoing powers, and all foregoing powers, and all other Powers vested by other Powers vested by this Constitution in the this Constitution in the Government of the United Government of the United States, or in any States, or in any Department or Officer Department or Officer there of.”there of.”

Strict Strict ConstructionismConstructionism

““The powers not The powers not delegated to the delegated to the United States by the United States by the Constitution, nor Constitution, nor prohibited by it to prohibited by it to the States, are the States, are reservedreserved to the to the States respectively, States respectively, or to the people.”or to the people.”

Foreign PolicyForeign Policy Washington’s Neutrality Proclamation – 1793Washington’s Neutrality Proclamation – 1793

Avoiding the Franco-American Alliance of 1778Avoiding the Franco-American Alliance of 1778 Washington and Hamilton believed that war Washington and Hamilton believed that war

needed to be avoidedneeded to be avoided Jeffersonian Dem-Repubs opposed itJeffersonian Dem-Repubs opposed it

Britain violating neutralityBritain violating neutrality Maintain forts on American soilMaintain forts on American soil Sold arms to Indians who terrorized AmericansSold arms to Indians who terrorized Americans Seized US merchant ships and Americans in W. Seized US merchant ships and Americans in W.

IndesIndes Jeffersonians called for a reaction, but Hamilton’s Jeffersonians called for a reaction, but Hamilton’s

economic program relied on British tradeeconomic program relied on British trade

Foreign PolicyForeign Policy Jay’s TreatyJay’s Treaty

Hamilton planned it and later sabatoged it Hamilton planned it and later sabatoged it

– – secretly told the Brits what we’d acceptsecretly told the Brits what we’d accept Brits would leave posts on US soil and pay Brits would leave posts on US soil and pay

damages for seizure of shipsdamages for seizure of ships BUT, Brits did not pledge to stop future BUT, Brits did not pledge to stop future

seizures of American ships or supplying seizures of American ships or supplying natives with armsnatives with arms

US would still have to pay debts to British US would still have to pay debts to British merchantsmerchants

Jeffersonians were very opposed – it was a Jeffersonians were very opposed – it was a surrender to Britain!surrender to Britain!

Planters were more harmed than urban merchantsPlanters were more harmed than urban merchants

"Damn John Jay. Damn "Damn John Jay. Damn everyone that won't damn everyone that won't damn John Jay. Damn everyone John Jay. Damn everyone that won't put up the lights that won't put up the lights in the windows and sit up in the windows and sit up all nights damning John all nights damning John Jay.“Jay.“ - - Graffiti near Jay's Graffiti near Jay's house after the treaty's house after the treaty's ratificationratification

Foreign PolicyForeign Policy Pickney’s Treaty of 1795Pickney’s Treaty of 1795

Spain struck a deal with the Americans Spain struck a deal with the Americans because they didn’t want them siding with because they didn’t want them siding with BritishBritish

US got free navigation of MississippiUS got free navigation of Mississippi Territory north of FloridaTerritory north of Florida

Washington’s Farewell AddressWashington’s Farewell Address 2-term tradition2-term tradition Avoid permanent alliancesAvoid permanent alliances Suffered from partisan bickeringSuffered from partisan bickering

Adams as PresidentAdams as President Washington’s VP ran against Jefferson – Washington’s VP ran against Jefferson –

17961796 Adams support in NE barely carried himAdams support in NE barely carried him

71-68 in the Electoral College71-68 in the Electoral College Jefferson becomes VPJefferson becomes VP Hamilton plotted against himHamilton plotted against him

Adams as PresidentAdams as President FranceFrance

Infuriated by Jay’s Treaty – saw an alliance with Infuriated by Jay’s Treaty – saw an alliance with UK and violation of Franco-American allianceUK and violation of Franco-American alliance

Began to seize US merchant shipsBegan to seize US merchant ships Adams tries to negotiateAdams tries to negotiate

Sends 3 statesmen to Paris to meet TalleyrandSends 3 statesmen to Paris to meet Talleyrand X,Y,Z demand a bribe to see himX,Y,Z demand a bribe to see him ““millions for defense, not one cent for tribute”millions for defense, not one cent for tribute” War hysteria sweeps US – Navy Dept and War hysteria sweeps US – Navy Dept and

MarinesMarines Adams keeps peace – sends new ministerAdams keeps peace – sends new minister

Allows for LA purchase a few years laterAllows for LA purchase a few years later

Alien and Sedition ActsAlien and Sedition Acts

Both aimed at minimizing JeffersoniansBoth aimed at minimizing Jeffersonians Alien Act – Alien Act –

Residence requirement for citzenshipResidence requirement for citzenship Jeffersonians were less prosperous aliensJeffersonians were less prosperous aliens

Sedition ActSedition Act No defamation of govt officialsNo defamation of govt officials Fine, imprisonmentFine, imprisonment Free speech??Free speech??

NullificationNullification a legal theory that a state has the right to a legal theory that a state has the right to

nullify, or invalidate, any federal law which that nullify, or invalidate, any federal law which that state has deemed unconstitutionalstate has deemed unconstitutional

based on a view that the States formed the based on a view that the States formed the Union by an agreement (or "compact") among Union by an agreement (or "compact") among the Statesthe States

Under this “compact theory” the States and not Under this “compact theory” the States and not the federal courts are the ultimate interpreters the federal courts are the ultimate interpreters of the extent of the federal government's powerof the extent of the federal government's power

Under this theory, the States therefore may Under this theory, the States therefore may reject, or nullify, federal laws that the States reject, or nullify, federal laws that the States believe are beyond the federal government's believe are beyond the federal government's constitutional powers. constitutional powers.

Virginia and Kentucky Resolutions – Virginia and Kentucky Resolutions – States’ Rights PositionStates’ Rights Position

Jefferson wrote a series of resolutions that Jefferson wrote a series of resolutions that passed the Kentucky legislaturespassed the Kentucky legislatures

Madison wrote a similar one for VirginiaMadison wrote a similar one for Virginia Feared that Federalists would end free Feared that Federalists would end free

speechspeech The federal govt is an agent of the statesThe federal govt is an agent of the states Federal govt had exceed its constitutional Federal govt had exceed its constitutional

powerspowers States should nullify the alien/sedition actsStates should nullify the alien/sedition acts Federalists said that the people gave Federalists said that the people gave

power, their states didpower, their states did