Making It Happen: The Constitution in Practice

Making It Happen: The Constitution in Practice

US History

The Unwritten Constitution

• Precedents under the first 3 Presidents defined how the Constitution was put into practice.

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1789-1797 (2 terms) 1797-1801 (1 term) 1801-1809 (2 terms)

Institutions

• Cabinet– Department of State (foreign affairs)

• Secretary Thomas Jefferson

– Department of Treasury (finances)• Secretary Alexander Hamilton

– Department of War (military)• Secretary Henry Knox

– Department of Justice (govt prosecutor)• Attorney General Edmund Randolph



Setting up Court System

• Judiciary Act of 1789– Congress established:

• District Courts• Courts of Appeal• 6 Supreme Court Justices (how many now?)

• Washington chose John Jay to be Chief Justice.





Financing the Government

• Tariff of 1789– Reason: Congress needed to find ways to

raise money in order to operate.– What it was: tax on all imports from other

countries.• Shippers paid tonnage (tax on HOW MUCH

ships carried).• Southerners HATED it. Needed goods

became expensive.




• Hamilton’s Financial Plan– Supported 1789 Tariff– Govt needs ability to borrow money

• Hamilton wanted govt to pay back debts from Revolutionary War:

– 40 mil to private citizens– 12 mil to foreign countries

• Why? People need confidence in govt’s ability to pay back loans.




• Opposition to Hamilton’s Plan– Critics pointed out that many private citizens

sold their bonds to speculator’s• Ex., I bought bond at $5. Govt said they’d pay me

$10.• BUT I panicked because I didn’t think govt would

pay. So I sold my bond to speculator for $1. Now Hamilton says govt WILL pay full $10.

– Southerners said most bond buyers were Northerners, but taxes would affect South most.




• Bank of US– Hamilton wanted it to manage

debts and interest payments.• Central bank could make loans

and issue paper money.

– Opposition:• Southerners: Northerners will

own most of the stock.• Madison: NOT an enumerated

power in Constitution; Hamilton: it’s IMPLIED.

– Washington went along with it.






• Whiskey Rebellion– 1791 Hamilton proposed tax on whiskey making.– Farmers hated it, because whiskey was also a

barter item (paper money was hard to find in some places).

• In W. Pennsylvania, farmers rebelled.– Hamilton: US govt has to show it has authority to

collect taxes.– Washington sent in the troops to crush rebellion.– Rebels backed down.





Rise of Political Parties

• Debate over Hamilton’s financial plans split Congress into two parties:– Federalists (led by Hamilton) favored:

• Rule by wealthy, educated people.• Strong federal govt• Emphasis on manufactured goods• Loose interpretation of Constitution• Alliance with Britain• National Bank• Protective tariffs.



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Rise of Political Parties

– Democratic-Republicans (led by Jefferson) favored:• Rule by the people (the “little” guy).• Strong state govts.• Emphasis on agriculture.• Strict interpretation of Constitution.• Alliance with France.• State Banks, not one national bank.• Free trade with NO tariffs.





Foreign Policy

• American Response to French Revolution– Federalists were against– Democratic Republicans were for

– Tricky situation: Treaty of 1778 required US to help France defend colonies in Caribbean.

• BUT that meant war with GB!

– Washington declared US NEUTRAL.





Foreign Policy

• Jay’s Treaty– Washington declared neutrality, but

GB seized American ships carrying goods to France.

– Washington sent John Jay to GB for a solution.

• TREATY– US let GB seize goods bound for France.– In return, US got “most-favored nation”

status when trading with GB.

– Some hoopla about pro-Brit stance, but treaty passed Senate.





Foreign Policy

• Pinckney’s Treaty– Spain joined France in war

against Britain.• Spain was afraid US and GB

would take its land in North America.

– TREATY:• US may navigate Mississippi

River and to deposit goods at port of New Orleans.





Thomas Pinckney

Goodbye, Washington…

• Farewell Address– At end of second term, Washington retired.– He wrote a goodbye-letter to the American

people:• Watch out for sectionalism: splits between

Northerners and Southerners• Be careful of political parties.• Don’t get involved with European affairs--STAY

neutral.• Trade with ALL countries.




are needed to see this picture. …Hello, Adams!

• Election of 1796– Adams (Federalist) beat out Jefferson

(Democratic-Republican)• One-termer• Accused of being a closet royalist• Big issue during his administration: how to deal

with Revolutionary France (the Directory!)– Post-Louis XVI– Group of 5 (Cinque-têtes)

Alien & Sedition Acts

• Passed by Congress in 1798– Adams didn’t ask for it, but he liked it.

• Alien Acts:– Made it hard for foreigners to become US citizens;

President had power to deport foreigners if they posed threat to US security.

• Sedition Act:– It is illegal to criticize the president or government.

Alien & Sedition Acts

• Adams never used Alien Acts, but he did indict 17 people on Sedition Act.– 10 of the 17 were convicted.

Read Congressional Blunder

• What do you think of 1st set of quotations?• Do the quotations explain how the acts could

be passed?• Do you agree or disagree with them?

• Do you agree with the the sentiments in the second set of quotations.

• What part of the Constitution did the Sedition Act violate?

Documents

Making It Happen: The Constitution in Practice