K. Period 3 1754 - 1800 Amsco Note Taking Guide (Ch. 6) PDF

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Period 3: 1754 - 1800 Chapter 6: The Constitution and the New Republic, 1787-1800 [103 - 119] Due Date: Tuesday

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Sept 1787, Ben Franklin, George Wash, and others sign constitution The United States Under the Articles, 1781 - 1787 - 4 years between Treaty of Paris signed and Constit Convention in Philly, during time, gov under Articles of Confed w/ one house congress, no separate exec and no separate judiciary Foreign Problems - Relations between US and Euro powers, states fail to adhere to Treaty of Paris, required that they restore prop to Loyalists and repay debts to foreigners, US too weak to stop Brit from maintaining military outposts on W frontier and redistricting trade Economic Weakness and Interstate Quarrels - Reduced foreign trade and limited credit- states not fully repaid war debts that contrib to widespread eco depression, inability to levy tax and printing of worthless paper by many states add probs, 13 states treat one another w/ suspicion and compete for evo advantage, place tariffs on moving goods across state lines, a # of states fave boundary disputes w. Neighbors that increase interstate rivalry and tension The Annapolis Convention - George Wash hosted conference at his home in Mt Vernon, VA (1785) to review problems, reps from VA, MD, Delaware, and Penn agree probs serious and hold more discuss in Annapolis MDall states. Discuss improving commercial relations, James Madison and A. Ham persuade other that it should be in Philly to revise Articles

Drafting the Constitution at Philadelphia - Congress consent to meeting, all 13 send delegates to revise Articles, only Rhode Island's refuse to send -

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The Delegates - 55 delegates in 1787, white college-educated men, few exceptions but most wealthier than ave Am, young, well acquainted w/ laws and politics, lawyers and most helped write state constit - First elect presiding officer, George Wash, and decided to communicate w/ public or not, voted to be secret until work finished, Ben Franklin, 81, was eldest and calming and unifying. Work on Articles was directed by James Madison (Father of Constit), A. Ham, Gouverneur Morris, and John Dickinson, rep diff states but common goal of wanting to strengthen nation - Several major leaders of rev not present- John Jay, TJeffs, John Adams, and TPaine on diplomatic business abroad, Sam Adams and John Hancock not chosen delegates, Patrick Henry opposed any growth in fed power and refuses to go Key Issues - Some want to revise, strong nationalists like Madison and A. Ham want new document they take control - Representation - Should larger states have more reps than smaller? Madison- VA plan favored large states, NJ Plan- favors small states. Roger Sherman- Connecticut Plan or Great Compromise- two house congress Senate =, House of Reps pop size based - Slavery - How enslaved people counted in pop? Three-Fifths Comp - Should slave trade be allowed? Slaves imported for 20 years (1808) than congress can vote to abolish it

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Trade - North wants central govt to regulate interstate commerce and foreign trade, South afraid that taxes on exporting agri products like tobacco and rice. Commercial comp- regulate interstate and foreign, place tariffs on foreign but not allowed to tax exports The Presidency - Pres for life or term of four years but no limit on # of terms - Method of electing, not directly- electoral college equal to states # of reps and senators - Powers of Pres, considerable amt including vetoing congress Ratification - Sept 17, 1787 after 17 weeks, convention approves draft of Constit to submit to states to ratify, anticipate opposition and Framers specified that 9/13 states need to ratify, popularly elected conventions for debate and vote

Federalists and Antifederalists Federalists

Antifederalists

George Wash, Ben Franklin, James Madison, Alexander Hamilton

VA- George Mason and Patrick Henry Mass- James Winthrop and John Hancock NY- George Clinton Stronger central gov to maintain order and union Stronger central gov would destroy the work of Emphasize weakness of Articles, show the Rev, limit democracy, restrict state rights opponents as negative w/ no solutions Argue Constit contained no protection of indiv rights, gave central gov more power than Brits Strong leaders, well organized ever had Appeal to pop distrust of gov based on colonial Constit was new and united, originally lacked Bill challenge of Rights Poorly organized, slow to respond to Fed challenge -

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The Federalist Papers - Essays in NY newspaper by A. Ham, Madison and John Jay- 85 later in book, present reasons for practicality of each provision in Constit Outcome - Feds win early in Delaware, NJ, and Penn, promise to add Bill of Rights to address anit-fed objection, New Hamp votes yes in June 1788, feds win 9/13, larger states of VA and NY not acted, if they fail to ratify any chance for national unity and strength would be in jeopardy - Virginia - 1788, most populous state, anti-feds rally behind George Mason and Patrick Henry, view constit and strong gov as threat to liberty, feds led by Wash, Madison and John Marshall managed to prevail after promise bill of rights - Final States - News of VA vote influences NY (so did A. Ham), NC in 1789, RI in 1790 reversed rejections and became last two states to ratify

Adding the Bill of Rights -

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Arguments for a Bill of Rights - Anti-feds argue that Ams fought to escape tyrannical gov in Brit, what stops central govt under constit from doing same, so add bill Arguments against a Bill of Rights - Feds argue that congress elected by people so they didn’t need to protect themselves, people

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should assume that all rights were protected not limited lit that might allow officials to assert unlisted rights to be violated at will, agree to add bill as first order of business for Congress to get Constit ratified The First Ten Amendments - 1789, drafted by James Madison submitted to states to ratify, 10 adopted in 1791 known as Bill of Rights, provided protection from abuses of power by central gov, since 14th Amendment, apply to abuses of state gov - First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. - Second Amendment - A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. - Third Amendment - No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. - Fourth Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Fifth Amendment - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. - Sixth Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. - Seventh Amendment - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. - Eighth Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. - Ninth Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or

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disparage others retained by the people. Tenth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Washington’s Presidency - Congress elected in 1788, first session in 1789 in NYC, people assume George Wash would be electoral college’s unanimous vote for Pres and he was -

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Organizing the Federal Government - Wash took oath of office as first US Pres on April 30, 1789 - What constit and system of checks and balances meant would be determined in day to day decisions of congress as legis branch, the Pres as head of exec branch, and Supreme Court as top court of judicial branch - Executive Departments - Wash first organize new dept of exec (law enforcing) branch, Constit auth Prese to appoint chief of depts, approved by senate, TJeffs as sec of state, A. Ham as sec of treasury, Henry Knox as sec of war, and Edmund Randolph as attorney general, form cabinet of advisors w/ Wash to discuss major policy issues - Federal Court System - Only court in constit is Supreme Court, congress creates lower courts w/ lesser powers and determine # of justices making up supreme court, one of first laws was Judiciary Act of 1789 to estab Sup Court as one chief and five associate justice, to rule on constit of decisions made by state courts, provide system of 13 district courts and 3 circuit courts of appeals Hamilton’s Financial Program - A. Ham presented plan to put US finances on stable foundation, 3 actions - 1. Pay off debt at face val and have fed gov assume war debt of states - 2. Protect young nations infant industries and collect adequate revenues at same time by imposing high tariffs on imported goods - 3. Create nat bank for depositing gov funds and print banknotes to provide basis for dtable currency - Support came from N merchants who would gain from tariffs and stabilized currency, opponents were anti-feds who fear states would lose power to extent that central gov gained it, TJeffs led S Anti-Feds who view it as only benefiting rich at expense of debted farmers, congress eventually adopts modified form, tariffs not as high - Debt - TJeffs and supports agreed to it in exchange for capital being along Potomac R in S (Named Washington, DC after Wash dies) - National Bank - TJeffs argued that Constit didn’t give Congress power to create bank but Ham saw it under necessary and proper clause, Wash supports Ham and bank became law, though chartered by gov, bank was privately owned, as major shareholder, gov could print currency and use fed deposits to stimulate business Foreign Affairs - Wash’s first term 1789-93 coincide w/ outbreak of French Rev, all 8 years of his Presidency and the four years of John Adams were taken up with should US support France, France’s enemies or neither - The French Revolution - American Support French aspiration to establish Republic but horrified by reports of mob

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hysteria and mass executions, US Fren alliance in effect w/ monarchy not rev republic, TJeffs and supporter want to help Rev, argues that bc Brits seize Am ships bound for France the US should join against Brit - Proclamation of Neutrality (1793) - Wash thinks nation not strong enough to engage in Euro war, against pop opinion issues this, TJeffs resigns from cabinet - “Citizen” Genet - Edmond Genet, French minister to the US, objects Wash’s policy, broke normal rules of diplomacy appeals directly to Am people to support Fren cause, was so offensive that TJeffs approved of Wash’s request to Fren gov to remove offending diplomat, Genet chose to live in US even tho recalled by gov married and became US citizen - The Jay Treaty (1794) - Wash sent Chief Justice John Jay to Eng to talk country out of seizing and searching Am ships and forcing seamen into Brit navy, after year, he brought back treaty where Brits agree to evac posts in US W frontier, but nothing about ships, narrowly ratified by senate, angered US supporters of France but kept policy of neutrality - The Pinckney Treaty (1795) - Unexpected was effect of Jay Treaty on Spain’s policy toward territories in Am, see it as a sign that US is drawing closer to Brit, consolidates holdings in US, influence in Far W w/ Cath missions along Cali coast but concerned abt SE - Thomas Pickney, US minister to Spain negotiate treaty where Spain agrees to open lower Miss R and New Orleans to trade, right of deposit to Am to transfer cargoes w/ paying duties to Spain gov who agreed to accept US claim that FL north boundary should be at 31st parallel Domestic Concerns - American Indians - Thru final decades of 18th cent settlers cross Alleghenies and move W into Ohio Valley and beyond, effort to resist settlers, tribes form NW (or W) Confederacy, initially Shawnee, Delaware, Iroquois, and others under Miami war chief Little Turtle won series of bloody victories over local militia, Ams incensed by evidence that Brits supplying Indians w/ arms and encouraging them to attack - 1794 the US army led by Gen Anthony Wayne defeated Confed Tribes at Battle of Fallen Timbers in NW Ohio, next year chiefs agreed to Treaty of Greenville where they surrender claims to Ohio and open it to settlement - The Whiskey Rebellion (1794) - A. Ham to makeup revenue lost bc tariffs were lower than he wanted got Congress to pass excise taxes spec on sale of whiskey, W Penn refusal of farmers to pay posed a challenge to viability of US gov under Constit farmers could ill afford to pay tax on whiskey made from leftover corn, attacked revenue collectors - Wash responded by federalizing 15,000 state militiamen and placed them under Hamilton, show of force caused rebellion to end w/ little bloodshed, some applaud Wash’s action, contrasts w/ gov action abt Shay’s rebellion, westerners condemn it as unwarranted use of force, TJeffs gains popularity as champion of W farmer - Western Lands - In 1790s, Jay Treaty and victory at Battle of Fallen Timber gave fed gov control of a lot of land, congress encouraged rapid settlement by passing Public Land Act of 1796- estab orderly procedures for div and sell land at reasonable price, process for adding new states to Union as in Constit went smooth

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1791 Vermont became first new state , Kentucky in 1792, and Tennessee in 1796

Political Parties - Wash’s unanimous vote of electoral college in 1789 help pop belief that political parties aren’t needed, Constit didn’t mention parties and framers assumed there wouldn’t be any - Debates between feds and antifeds in 1787-88 first indication that 2 party system would emerge as core of Am politics -

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Origins - Colonial- legislator groups form temp factions and voted together abt a spec policy, after issue faction dissolved, dispute between feds and antifeds over Constit resembled this but it was organized (feds) across state lines and prefigured national parties - 1700s Federalist Era bc dom by fed policies, political parties began to form around Hamilton (Feds support A.Hams finan plan) and TJeffs (Democratic-Republicans elect people who oppose A.Hams program) Fren Rev further solidifies parties, TJeffs challenges Wash’s neutrality policy Differences Between the Parties - Feds strongest in NE states advocate growth of fed power, Dem-Repubs strong in S states, W frontier, argue for state rights, 1796- Wash announces he intends to retire after term Washington’s Farewell Address - A.Ham helps write farewell address for publication in newspapers, large influence bc Wash’s prestige, warned Ams to - Not get involved w/ Euro affairs - Not make permanent alliances in foreign affairs - Not form political parties - Not fall into sectionalism - Future Pres’s will follow and not form perm alliances, but in parties, Wash already behind times since were becoming vital - Long-range consequence of Wash leaving was other Pres’s follow example tho no limit on term #, tradition broke when Roosevelt won third term in 1940 and then 22nd amendment in 1951 to make 2 term part of Constit

John Adams’ Presidency - VP John Adams was Fed candidate to replace Wash, former sec of state TJeffs was DemRepub choice, Adams won by 3 votes, TJeffs VP since original Constit gave it to who received 2nd highest # of votes (12th amendment 1804 made Pres and VP run together) Federalists

John Adams and Alexander Hamilton Interpret Constit loosely, create strong cen gov Pro-Brits Dev large peacetime army and navy Aid business, create nat bank, high tariffs N business owners and large landowners

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Democratic-Republicans

Thomas Jefferson and James Madison Interpret Constit strongly, weak cen gov Pro-French Dev small army and navy Favor agri, oppose nat bank and tariffs Skilled workers, small farmers, plantation owners

The XYZ Affair - Fren Rev troubles was Pres Adams’s first major prob of his presidency, Ams angered by reports that merchant ships were being seized by French warships and privateers, Adams sent a delegation to Paris to negotiate with Fren gov, certain ministers only known as X, Y, Z requested

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bribes as the basis for entering into negotiations, Am delegates refused, news reports of it infuriated Ams, and they now wanna fight France, “millions for defense, but not one cent for tribute” one fed faction led by A.Ham hoped that by going to war the US could get Spain and France’s land - Adams resisted and recog that the US army and navy weren’t strong enough yet so ministers sent The Alien and Sedition Acts - Anger against France strengthen Feds in congressional elections of 1798 to win majority in both houses , Feds enact laws to restrict the SOUTHERN MOTHERFUCKING DEMOCRATIC REPUBLICANS, pass naturalization act increased from 5 to 14 years req for immigrants to qualify as Am citizens, Alien acts auth the pres to deport aliens considered dangerous and detain enemy aliens in war, Sedition Act illegal for newspaper editors to criticize Pres or congress and impose fines on those who do or imprisonment The Kentucky and Virginia Resolutions - Demo-Repubs argue that Alien and Sedition Acts violate the 1st amendment, 1799- the supreme court not estab judicial review yet, demo-repub leaders challenge it by enacting nullifying laws in their own states, Kentucky adopt resolution by TJeffs, VA- by James Madison, both declared that states enter compact by form nat gov and if any fed gov act broke that, they could nullify fed law, set argument and rationale used in nullification controversy of 1830s - Immediate crisis faded when Feds lose majority after the election of 1800 and the Dem-Repub majority let acts expire or repeal them, Supreme Court under John Marshall assert power in deciding if law is constit

The Election of 1800 - Adams causes Feds to lose pop, dislike Alien and Sedition acts, new taxes imposed in prep for war w/ France, builds up Navy -

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Election Results - Swept feds from power in exec and legis branches of gov, maj of presidential electors cast ballots for Dem-Repubs- TJeffs and Aaron Burr got same # of electoral votes , special election held in house of reps, Dec 1800- Feds still control house, A.Ham urged followers to vote for TJeff...