The US Constitution

Articles of Confederation

1st US National govt. Ratified in 1781

◦Based on State Sovereignty States had all the power

◦Federal Govt. had very limited powers

“Article” Problems◦Could not create taxes

◦Could not regulate trade

◦100% agreement to create an Amendment

◦2/3 majority to pass a law

◦No executive or judicial branches President or Supreme Court

Need For A More Perfect Union “Articles” too weak to regulate state commerce or stabilize economy

Crushing debts due to Revolutionary War Treaty with Spain in 1786 split North against South◦Fears of Civil War

Shay’s Rebellion, 1787◦Massachusetts opposition to tax increases High bankruptcy rates, people’s lives were better before the war

◦Generated calls for stronger central government

Creating a New Authority

John Adams, Thoughts on Government (1776)◦Govt. powers divided into executive, legislative, and judicial

◦Bicameral legislature = Two house law making body

◦Popular Sovereignty = People Choose

Philadelphia Convention, 1787◦“Constitutional Convention”

Focus was over sovereignty or who would hold the power and how would they protect the citizen’s rights from government

States or Federal Govt. Anti-Federalists vs. Federalists

Plan for multi-branch government based on separation of powers◦Powers of govt. are divided into 3 branches Judicial, Executive, Legislative

Enlightenment and the Constitution

◦Jean Jacques Rousseau promoted democracy as part of the Social Contract and a natural right

Baron de Montesquieu encouraged the separation of governmental powers into different branches to combat against tyranny ◦Should be divided to keep anyone person from

having too much power Checks and Balances

◦Voltaire “Freedom of Speech & Religion

Size / Power of Govt. Debate over representation in legislature

◦Virginia (large state) plan Bicameral legislature with representation based on state populations

◦New Jersey (small state) plan Equal representation in legislature

Great Compromise “Connecticut Compromise” Bicameral Legislature

◦Upper House equal representation (Senate) 2 per state

◦Lower House based on population (House of Representatives) 435 total

Equal Representation? Electoral College = Elects President

◦Created to ensure equality between areas w/ large and small populations

3/5 Compromise – Issue over how to count slaves toward representation◦Proposed by Thomas Jefferson who some called the Negro President after his victory in 1800 Revealed sectional differences between North vs. South

The US ConstitutionPart II

Federalists vs. Anti-Federalists Federalists supported stronger national govt.◦The Federalist by John Jay, James Madison, and Alexander Hamilton made case for Constitution in 85 essays James Madison and Alexander Hamilton were both nicknamed the “Father of the Constitution

Anti-Federalists supported state rights fearing this new national government would become tyrannical Promise of a bill of rights enabled some Anti-Federalist support

Addressing the Anti-Federalists’ Fears

◦Democracy / Republic – Citizens elect leaders Enfranchisement – Right to Vote / Citizenship

Suffrage – Right to Vote◦Egalitarianism – All people are equal before the law

◦Limited Govt. – Citizens have rights govt. cannot take away

Bill of Rights = 1st 10 Amendments◦Protects / Guarantees our most basic rights. Can be restricted though Speech if you threaten someone or if you lie

Protests must be peaceful and orderly Cannot own a gun if you are a convicted felon

◦1st – Religion, Protest, Speech, Press◦2nd – Guns◦4th – Search and Seizure◦5th – Fair Trial◦6th – Speedy Trial◦7th – Jury Trial◦8th – Cruel and Unusual Punishment

Checks and Balances – Each branch was given power over the other two

Federalism – Powers of govt. were divided between the state and national govt.

Delegated ReservedConcurrent

Establishing the Government Initial executive department of War, State, and Treasury◦President’s Cabinet

Judiciary Act of 1789 established national courts◦Marbury v. Madison – Supreme Court has final authority on laws and presidential actions “Judicial Review”

Congress passed tariff as source of income◦Tariff is a tax on imports

Ratifying the Constitution Delaware was 1st to ratify the new Constitution in 1787

Majority of states ratified by 1789 Rhode Island was last in 1790

Constitution and You Elastic Clause – “Implied Powers” Congress has the power to create laws as needed as times change ◦Highways and Interstates◦Internet

Goal of US government is to promote the “Common Good” while protecting individual “minority” rights

Duties as a US Citizen: ◦Jury Duty◦Be an informed Voter◦Obey Laws

Discussion Questions Examine the Articles and the Constitution. How did they differ? Which better served the freedoms and rights of the American people?

Completing the Revolution 1780–1800

Alexander Hamilton - 1st Secretary of Treasury

Report on Public Credit, 1790◦Federal Government would assume all state & national debts, both domestic & foreign Consolidated national debt

Hamiltonian Economics

◦Government to pay debt by issuing securities Treasury Bond/CD’s

◦Called for permanent national debt to provide spending for govt.

Creation of a Bank of the United States◦Control all monetary and financial matters

Constitution was only a paper document◦Hard part is how to actually apply it to real life. Loose constructionist - Spirit of the Constitution

Strict constructionist - Has to be written in the Constitution

Interpreting the Constitution

Dispute over role of government Hamiltonians = economic interests

◦Speculators, banks, financiers◦Strong central government

Jeffersonians = farmers, “Common Man”◦Thomas Jefferson, 3rd President◦Limited federal power◦Extremely distrustful of banks

Jefferson Versus Hamilton

Huge debate over the creation of a national US bank◦Federalists (North) vs. Anti-federalists (South) National Bank linked to fear of “King George”

◦Loose vs. Strict Constructionists Support was approved for a national bank if U.S. Capital moved to the South◦NY to DC

Regional Challenges

Land Ordinance, 1785◦Survey and division of Northwest Territory into townships 6 miles square Required land be set aside for schools (#16)

◦For sale at public auction◦Viewed as a way to raise money for govt. off land

won during Rev War

Western Expansion

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Western Land

Claims during the Revolution

Northwest Ordinance, 1787◦Set rules for new territories to become states

◦Provided public support for education and outlawed slavery

Kentucky and Tennessee attracted settlement by 1790◦Daniel Boone - Cumberland Gap - 1792 – 15th State

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Advance of Settlement

to 1790

Indian wars in the Northwest◦Battle of Fallen Timbers in 1794

Whiskey Rebellion in 1794 Refused to pay federal excise tax on whiskey

Poor losing farms viewed as a betrayal of Rev. War promises Same issues as Shay’s Rebellion

Domestic Challenges

◦Jay Treaty with England, 1795 North supported treaty, South opposed it Caused sectional rift

◦Pinckney Treaty with Spain, 1796◦US secures access to Mississippi River for cheap access for Spain to cotton South supported treaty, North opposed it

Foreign Challenges

Laid out principles for American policy◦Set 2 term custom Didn’t want public to think of President as a King

◦Warned against foreign involvement & Denounced political parties John Adams elected 2nd President in 1796

Washington’s Farewell

Jeffersonian Revolution

Jay’s Treaty angered French, resulting in trade difficulties◦Treaty led to increased trade with British, after war

◦XYZ Affair French were upset with Jay Treaty French provided aid to US during war

French diplomats demanded money to avoid war

◦Quasi-War: Undeclared naval war with French

Troubles with France, 1796–1800

Alien and Sedition Acts ◦4 laws to restrict criticism of US govt. and arrest / deport “aliens”

◦KY and VA resolves – refusal to follow Alien and Sedition Acts Cited State’s Rights, Strict Constructionist, and laws were unconstitutional Established idea of NULLIFICATION

Virginia’s Statute for Religious Freedom, 1786 Religious toleration (Catholics & Jews)

War allowed women greater control of everyday lives◦Challenges to patriarchal orientation of society Male dominated

◦Concept of “republican motherhood” gave women moral superiority in society

Cultural Changes

North increasingly abolitionist◦Anti-Slavery Phillis Wheatley – African American Poet; freed slave

◦1780 Pennsylvania begins to outlaw slavery; which slowly becomes norm in North Choices Slavery Debate

Slavery Debate

Maryland and Virginia passed manumission laws Ways for slaves to earn freedom / time frame

◦Atlantic slave trade outlawed in 1808 Only practiced in Georgia and South Carolina after Revolution

Originally more than 1 candidate for each party

1st place = president 2nd place = vice president 12th Amendment – Current presidential election rules

◦John Adams president Thomas Jefferson was vice president Polar opposites politically

Election of 1800

Campaign of 1800 led to the birth of political parties◦Adams = Federalist◦Jefferson = Democratic-Republican A.k.a. Anti-federalists

Adams defeated by Jefferson◦“Revolution of 1800”◦Big election issues were Adams securing peace with France and State’s Rights NO KING GEORGE!!!!