THE CONSTITUTION & THE NEW REPUBLIC

UNIT III – CH. 6

The Mass militia is called out to The Mass militia is called out to stop itstop it

SIGNIFICANCESIGNIFICANCE: Prompted : Prompted national leaders to create a national leaders to create a stronger central governmentstronger central government

• Called by Alexander Hamilton– NY lawyer– Officer under GW– Commercial questions

• Annapolis Convention – only 5 showed• Call for Philadelphia Convention following

year– Purpose to amend A of C– Supported by GW after Shays’ Rebellion –

inspired other states to attend

• “for the sole and express purpose of revising the A of C.”– Yeah, not so much

• 55 delegates; May-Sept. 1787• All states (not so fast Rhode Island)• “Founding Fathers”:–Well-educated– Property-owning class– VA: James Madison, Edmund Randolph –

key roles in structure

– 1787 Framers needed to centralize power• Bridge between theory and reality

– Divides the national government into three branches

– Describes the powers of those branches and their connections

– Outlines the interaction between the government and the governed

– Describes the relationship between the national government and the states

– Is the supreme law of the land

The Constitution – An Overview

• 3 branches3 branches• Checks & balancesChecks & balances• Majority rule, Majority rule,

minority rightsminority rights• Federalism = strong Federalism = strong

central govcentral gov’’t w/ t w/ powers reserved for powers reserved for statesstates

• Article I – legislativeArticle I – legislative• Article II – executiveArticle II – executive• Article III – judicialArticle III – judicial

• Article IV – statesArticle IV – states• Article V – Article V –

amendment amendment processprocess

• Article VI – national Article VI – national supremacysupremacy

• Article VII – Article VII – ratificationratification

• Amendments… Amendments… starting with Bill of starting with Bill of RightsRights

• BicameralBicameral (two-house) (two-house) legislaturelegislature– House of House of

RepresentativesRepresentatives with with proportional proportional representationrepresentation

– SenateSenate with equal with equal representation (2 per representation (2 per state, chosen by state state, chosen by state legislatures until legislatures until passage of 17passage of 17thth Amendment)Amendment)

• Sometimes called the Sometimes called the Connecticut Connecticut CompromiseCompromise

The Great Compromise

Roger Sherman of Roger Sherman of

ConnecticutConnecticut

CONGRESSCONGRESS

• HOUSE– Representation in the House of

Representatives would be apportioned according to the population of each state (initially consisting of 56 members)

• SENATE– Each state would be represented equally

in the Senate (2 each)– Senators would be selected by their state

legislatures, not by direct popular election

Slave was 3/5’s as productive as a free worker and thus contributed ONLY 3/5’s as much wealth to the state

• No tax on exports• No authority to stop slave trade for

20 years• No definition of citizenship• Absence of individual rights

• HOW COULD BOTH THE NATINOAL GOVERNMENT AND THE STATE GOVERNMENT EXERCISE SOVEREIGNTY AT THE SAME TIME?

• “WE THE PEOPLE…” DUH!!!• “IN STRICTNESS, NEITHER A

NATIONAL NOR A FEDERAL CONSTITUTION, BUT A COMPOSITION OF BOTH.” – JAMES MADISON

• (1) Factions - place as much of the gov beyond direct control of the majority = large republic• (2) Separation of powers• (3) Construct a system of checks and balances

Voting – depended on state – no universal male suffrage

Women – “civic virtue” “republican motherhood”Virtuous citizenry guided by mothers –

women achieved higher status for the purpose of creating a better society

Abigail Adams – “remember the ladies”Religion – movement of separation

NY and some southern states disestablished Church of England

TJ (1786) Statue of Religious Freedom – complete separation b/t church and state

Slavery – outlawed in NE and PA; maintained in all southern states

• Must be approved by 9/13 states (Article VII) – ratifying conventions

• Factions formed over ratification• The Constitution placed obstacles b/t the people

and the exercise of power

• Federalists – in favor– GW, BF, AH, JM, JJ

• Anti-Federalists – against– TJ, PH

Ratification Debate

• Federalistsvs.

• Anti-Federalists

• The Federalist Papers: Madison, Hamilton, Jay• Published under pseudonym “Plubius”• Series of essays in favor of ratification

• Anti-federalist concerns:• constitution too aristocratic• large republic not feasible• possible tyranny of national government• no specific protection of rights

• Madison promises the Bill of Rights after ratification

• Presiding officer at Constitutional Convention

• Supported federalists• John Adams – 2nd – VP• Inaugurated in NY - 4/30/1789

• March 4, 1789 – Congress met for 1st time

• George Washington unanimously elected president–“the event which I have long dreaded”–“summoned by my country” compelled to serve

• Presidency defined by moderation and mediation

• Vice presidency: most “insignificant office…ever…contrived.” – John Adams

Electing Washington

An informal group of advisorsNot in the Constitution – how GW rolled3 Departments:

Department of StateSecretary of State – TJPriority: international alliances

Department of TreasurySecretary of Treasury – AHPriority: stabilize aching financial

infrastructureDepartment of War

Secretary of War – Henry Knox

Washington’s CabinetAlexander Hamilton & Thomas Jefferson

Federalist Party

Democratic-Republican Party

Loose interpretation

Strict interpretation

Supported a standing army

Opposed a standing army

Federal power

States’ rights

Favored Britain

Favored France

Favored a national bank

Opposed a national bank

Supported nullification

Opposed nullification

Merchants & bankers

Farmers

Leading politician

President

Secretary of the Treasury

Secretary of State

Member of Washington’s Cabinet

His vice president was Aaron Burr

He was killed by Aaron Burr

Author of the Declaration of Independence

Owned slaves

Did not own slaves

Revenue – critical needCongress enacted tariff – tax on importsDecrease foreign competition for

American manufacturersWanted to combine national and

state debt $21 million (262 mil. today)

National Bank of United StatesFunded by federal govt. and wealthy

citizensHamilton moved capital to DC to get

southern support – Madison and Jefferson oppose

Responsible for development and success of commercial capitalism

• “national debt, if it is not excessive, will be to us a great national blessing.”– Federal taxing power– Respect and authority over states

• First debate among Washington’s cabinet over Constitutionality– Necessary and proper clause: strict vs. loose

construction– Hamilton’s argument convinced Washington – set

precedent

• http://www.usdebtclock.org/

Jefferson (cabinet) and Madison – Congress - (Left Federalist b/c of elitist monetary policy of Hamilton)

Two-party system slowly developed (factions)

Power of the federal government and the states

Federalist (Hamiltonians) vs. Democratic Republicans (Jeffersonians)

• Hamilton’s excise tax in 1791 upset backcountry farmers…shocker

• PA vigilantes assaulted revenue collectors–Stole mail, stopped court

proceedings, reeked havoc• GW proclaimed “Whiskey Boys” go

homeMilitia and GW 15,000 men – showed

strength of central gov.–Suppressed uprising w/o violence

• 1792 Washington reelected…obv.• French Revolution main agenda• American’s support idea of French, but

not war• Economic stability relied on equal trade–HAMILTON’S FINANCIAL SYSTEM

WOULD COLLAPSE!• Technically allies with France• Washington’s neutrality proclamation–“friendly and impartial toward the

belligerent powers”

Citizen Edmond Genet• French

ambassador• Sought aid of

Americans to attack British & Spanish ships

• Denounced by President Washington

• Britain, Spain, Holland (ALL monarchies) at war with French Republic

• Neutrality caused conflict with British trade– Federalists – supported Great Britain

(order)– Republicans – supported France (liberty)

• John Jay (Chief Justice – Federalist) appointed by GW– Treaty b/t US and GB • Increased trade; averted war• British Northwest territory

• Ended in 1803 – Jefferson’s embargo • American public said no bueno >:-(

• US minister Pinckney treaty with Spain–America southern boundary at

31st parallel–Free navigation of the Mississippi–No inciting Indian attacks–Use of New Orleans port without

customs duty• Popular treaty w/ little opposition

b/c of MS River use

Washington ONLY served 2 termsRetired to Mount Vernon (died in 1799)FAREWELL ADDRESS:

Domestic – unity among states; party politics increases liberty

Foreign – neutrality and fairness

The First Two-Party System

Federalists Democratic-RepublicansIssueGovernment: State or national?

Interpretation of the Constitution: Strict or Loose?

Tariffs, Banks & Business or farming?

Banks: National or State?

Defense: Standing Army or Militias?

Foreign Policy: Support Britain or Support France?

Regions of Support: N, S, E, W?

Nullification

More important: Order or Liberty?

Party Leaders & Presidents

Questions1) Why does the Electoral

College encourage a two-party system rather than a multiparty system?

2) Explain how Thomas Jefferson’s election in the “revolution” of 1800 changed the way the federal (national) government operated.

National State

Mass. lawyer; Harvard educated; vane; leader in Revolution, American diplomat; VP under Washington

Ideas b/t Hamilton and JeffersonAlways felt underappreciated

"My country has in its wisdom contrived for me the most insignificant office that ever the invention of man contrived or his imagination conceived."

1st President to live in White HouseDied July 4, 1826; same as TJ (50 years

after Declaration of Independence signed

Result of conflict b/t US and FranceFrance refused to receive American envoy

and had suspended commercial relations (trade)

Sent Charles Pinckney, John Marshall, Elbridge Gerry to negotiate

Agents of Foreign Minister Tallyerand (labeled X, Y, Z in report to Congress) to demanded $250,000 bribe

Nation broke out into what Jefferson called "the X. Y. Z. fever” – gross objection to French

Department of Navy created 1798Undeclared naval war for 2 years

The Quasi War• Piracy, small naval

battles• Convention of

1800 – ends the Quasi War, but terminates US alliance with France against Britain

• U.S. is now neutral, following Washington’s farewell advice

Proposed by Federalists in Congress, backed by AdamsFrench and Irish immigrants identified as Republican

4 provisions:Naturalization Act: 5 to 14 years for citizenshipAlien Act: empowered President to deport

“dangerous” aliensAlien Enemy Act: empowered President in time

of declared war to expel or imprison enemy aliens at will

Sedition Act: conspiracy against legal measures of government, high misdemeanor

Forbade writing, publishing, speaking, against government or officers of government

Republican response: KENTUCKY AND VA RESOLUTIONS – acts unconstitutionalState-compact theory – Constitution arose as a

compact among states, states could nullify questionable acts of Congress

Acts eventually repealed

Nullification• Jefferson and many states oppose

the Alien & Sedition Acts• Virginia & Kentucky Resolutions

call the act “null and void”• States vs. federal government: who

wins?...• …principle remained untested

because Adams lost next election to Jefferson

Election of 1800• Jefferson wins• “Revolution of

1800”… peaceful transfer of power