THE CONSTITUTION AND THE NEW REPUBLIC

Oseas Romero AP US History Stafford High School

Defining Republican Culture Republicanism—new core ideology

Uncompromising commitment to liberty and equality

Evangelical notions of high public morality Everyone should be above reproach

Post-Revolutionary divisions Balancing individual liberty with social order Balancing property rights with equality

The Revolution left these questions and many more unanswered How is the United States going to deal with these

issues?

Social and Political Reform Changes in laws of inheriance to

erase feudal elements Property qualifications for voting

reduced Capitols moved to enable better

representation for frontier settlers Separation of church and state More would emerge as things

become more dire

African Americans in the New Republic Abolitionist sentiment spread in

wake of the Revolution John Woolman

African Americans embraced Declaration’s stress on natural rights

AA intellectual success made it hard to deny their equality Benjamin Banneker, math and

astronomy Phyllis Wheatley, poetry

Northern states By 1800, slavery was legally dying in

North Racism and segregation remained

Southerners debated abolition Some individuals freed slaves Economic motives overcame the

republican ideals Cotton gin will breath new life into slavery

Women and their Rights

Pre-Revolutionary trend ended tyranny in the family -Locke, Some Thoughts Concerning Education

Women demanded the natural right of equality

Nurtured proper values through “Republican Motherhood”

Women more assertive in divorce, economic life

Denied political and legal rights, its still a man’s world

State Governments

State Constitutions would serve as a blueprint for our Federal Constitution Did not always work Written Constitution was demanded

Precedents in colonial charters, church covenants Major break with England’s unwritten constitution

States would guarantee natural rights Freedom of religion Freedom of speech Freedom of the press Private property Trial by jury

Power would be given to state legislatures and governors would be weakened

Procedure for adoption would be pioneered by Massachusetts Constitution written by a special convention Ratification by referendum

Dangers to the new constitutions Population succumbed to material temptation and

greed All about me attitude

Personal liberty threatened property rights Slaves and ownership

Setting the Stage

By the mid 1770’s Americans have begun to lose faith in the Confederation government Unable to deal with factions and instability Open rebellions like Shay’s Rebellion

The Delegates themselves were inept Unable to deal with the economic issue facing

the country, many American soldiers were not paid Fled from Philadelphia ended up in New York Major provisions of our early treaties were barely

passed.

It’s not working

The Articles of Confederation initially were popular Fears of a new oppressive government prompted the colonies to create a

weak federal government Power was vested in the states Everyone was on an equal footing No executive No taxing power Amendments required unanimity

The American Elite became troubled with the state of affairs and openly began to call for a true national government. Economic issues No Western Lands Pension for soldiers

Almost led to a coup d'état (Newburgh Conspiracy) in 1783 Averted when George Washington intervened

Uniformity in taxes and commercial rules The “Indian Menace” Stoppage of paper money Rights and security

Western Land: key to First Constitution Native Americans lost out when

British left Maryland’s ratification of Articles

delayed for Virginia’s renunciation of western claims 1781-Virginia took lead in ceding

western claims to Congress Other states soon followed. Congress

would gain ownership of all land west of Appalachians

Northwest Ordinance: The Confederation’s Major Achievement Land Ordinance

Orderly division of land into sections and townships

One section set aside to finance school system

Land to sell for minimum of $1 gold per acre

Speculation Manasseh Culter and the Ohio Company

Northwest Ordinance, 1787 Created three to five new territories in Northwest Population of 5000 may elect assembly Population of 60000 may petition for statehood Bill of rights provided Slavery outlawed

South of the Ohio River Settlement more chaotic

Daniel Boone and Kentucky State of Franklin

Strengthening Federal Authority Economic recovery after the

Revolution slow People were beginning to think that a

stronger central government would restore economic growth

Nationalist however believed that restoration of trade with Britain had led to a trade deficit and hard currency shortage

CC unable to address trade, inflation, or debt

Nationalist versus localists

Further Humiliation

Congress is going to fail to get states to collect debts owed to British merchants In response, the British refuse to evacuate

Ohio River Valley 1784—Spain closes New Orleans to

American Commerce Jon Jay will negotiate reopening Mississippi

Favors the Northeast West and South will denounce. Congress will

reject Jay-Gardoqui Treaty

Leaders Emerges

Yes there were many problems with the new American nation, but the biggest problem was the government lack of power to tax.

Alexander Hamilton- never a fan of the articles, Hamilton represented the state of New York at an initial meeting to see if something else would work It was a complete failure They would try again, but they realized they

needed the backing of one particular person

James Madison and others like him will recognize the shortcomings of small state republics Will help persuade Americans that a

large republic is the way to go Federalist No. 10

A New Convention

Fifty five men from all the colonies except for Rhode Island attended the convention held in the Philadelphia State House Lasted from May-September 1787

These 55 men are now forever known as the American Founding Fathers All relatively young men except Benjamin Franklin, who

by this point was a walking skeleton. He was eighty one Well educated and for the most part represented the

interest of powerful men and organizations. Chose George Washington as the Presiding Officer

Every state would have one vote A simple majority would be required instead of a unanimous

vote

The Convention

Virginia made it so that they controlled the Convention Why?

Edmund Randolph of Virginia. Proposed what? “A National government ought to be established consisting of a

supreme Legislative, Executive, and Judiciary” This was revolutionary because it established and created

an executive branch. Randolph’s plan was unified with James Madison’s plan Madison called for the creation of a new legislature consisting of a

bicameral house. In the lower house, representatives would be chosen based upon

population The upper house would be filled by people chosen by the lower house Larger states would have more representatives Chief Executive chosen by Congress Became known as the Virginia Plan

Houston, We Have a Problem

This caused an uproar in the smaller states because they immediately realized they were being screwed over. The small states quickly called into question the authority

of this convention William Paterson of New Jersey proposed an

alternative to the Virginia Plan Proposed a Federal Government, with the Articles of

Confederation left Congress would be allowed to tax and have trade

regulation powers Preserve the existing one-house legislature

Each state would keep its one vote It would expand Congress ability to tax and regulate commerce.

The New Jersey Plan as it will come to be known was tabled

Are you a Person or Property?

While many questions remained, everyone wanted to deal with the number problem Slaves

Are they people(Representation) or property(Taxes)? If you were in the South, they were both In places where it no longer existed or was

being faced out, they preferred counting them as property only Why the hypocrisy?

The Great Compromise

Nothing had been resolved. Unwilling to give up the convention created a “grand committee” All states had one representative and the chairman was to be

Benjamin Franklin Things resolved by the Great Compromise

The Lower House would be represented by population All money bills must originate in the House Slaves were to be counted as 3/5th of a person The Upper House would have equal representation from all the states

July 16, 1787, the convention voted to accept the compromise

Other things were discussed New Government could not tax exports Imposition of a duty no more than $10 on every imported slave Could not prohibit slavery for 20 years “Great at the evil is, a dismemberment of the Union would be worse”

-James Madison

The Limits of the Great Compromise

The issue of representation was dealt with but not everything Definition of citizenship Rights of the Individual

Madison believed that stating the rights of the individual would in fact limit the rights of the individual

Others believed that individual rights had to be stated or the state would trample all over them

Revisions to executive Electoral College selects President Executive given a veto over legislation Executive may appoint judges

The Constitution of 1787

The father of the constitution is James Madison. Helps answer two major sore spots for the colonies Sovereignty- the revolutionary idea that all power

laid with the people instead of the states or country. All power is derived from the people

“ We the people of the United States” Allowed for the distribution of responsibilities and powers

among the state and federal government

Central Authority of the Government Separation of Powers within the government

Supporters of the Constitution knew they went way beyond the Convention’s mandate

Powers of the Constitution Supreme Law of the Land

Power to tax Regulate commerce Control currency Pass laws that were deemed “necessary

and proper” for carrying out its other responsibilities.

Do We Sign?

Is the Constitution perfect? No, but it does do a few things It becomes impossible for any faction to dominate the

federal government Many centers would check each other and keep them in place.

-David Hume Protects the United States from tyranny of the people

Shay’s Rebellion is fresh on everyone’s mind Needed to protect themselves from the whim of the people

So only the House of Representatives would be directly elected by the people

September 17, 1787, 39 delegates sign the Constitution of 1787. The fight for ratification was not easy. It must be explored

to understand how the Constitution works

Federalist and Antifederalist

Federalists Supported the Constitution

Well organized The Federalist Papers

Antifederalists Opposed the Constitution

Distrusted any government that is removed from direct control of the people

Constitution favored the rich and powerful This idea would be later reflected in the Age

of Jackson

Disagreements

Did everyone agree with the Constitution? No! Supporters of the Constitution, however were more

organized than the opposition. Support from the two most important men in the

United States

The Federalist as they named themselves also had the support of Hamilton, Madison, and Jay. These three men devised a plan to convince

Americans to vote for the Constitution They were able to do this by writing a series of essay,

which were published all over the country. They were essays written in defense of the

Constitution, known today as the Federalist Papers

Claimed to be the defenders of the Revolution principles. Feared that this new federal government would

increase taxes, destroy the states, favor the elite, and end individual liberty. Most importantly they accurately said that the Constitution lacked a Bill of Rights This scared the bejesus out of people because they didn’t

trust human nature. With power comes corruption and tyranny

Federalist feared disorder and anarchy. Antifederalist feared that an extremely powerful government would trample on the basic rights of all human beings.

States Begin to Vote

Even with these fears, the state conventions took the Constitution to a vote Delaware was the first state to ratify the

Constitution, which was quickly followed by New Jersey and Georgia Soon they have the nine votes needed for ratification,

but Virginia and New York have not ratified it yet. The Antifederalist put all their efforts into these states, but

even they realized that they needed to be part of this new country On the assumption that a Bill of Rights would be added, New

York, Virginia and Massachusetts ratify the Constitution. Rhode Island continued to not care about the Constitution

Finally signed in 1790

From General to President

It was foregone conclusion that George Washington was going to be elected as the first President of the United States His Vice President was John Adams, a

leading Federalist On April 30, 1789, in New York City, the

current capital of the United States. George Washington is elected President

Adding the Bill of Rights

Antifederalist activism made the BoR possible Purpose was to protect individual rights

from government interference Rights included

Freedom of assembly, speech, religion, the press, and bearing arms

Speedy trial by jury of peers No unreasonable searches

First ten amendments added by Dec 1791

You must know the differences

Bill of Rights

The leading Federalist realized they needed to legitimize this new government by creating a bill of rights. Congress approves twelve amendments on

September 25, 1789 Only ten of them are ratified by the states by

1791 Known as the Bill of Rights

Nine placed limitations on Congress by stopping it from infringing on certain basic rights

The Tenth Amendment reserved to the states all powers not specifically withheld from the states or delegated to the federal government

More Details

The Constitution demanded the creation of a judicial system Left up the details to the Congress. Judiciary Act of 1789

Created a Supreme Court of six judges. One Chief Justice and five associates

Thirteen district courts Three Circuit Courts of Appeals

Consist of one of the district judges alongside two Supreme Court Justices

1789—5% tariff levied to fund government Constitution indirectly called for the creation of executive

departments. Other than that, nothing was determined

First Congress created three initial departments State, Treasury, and War Departments

Thomas Jefferson, Alexander Hamilton, and General Henry Knox Attorney General and Postmaster General

Edmund Randolph, Samuel Osgood

Different Thinking

We have a Constitution, but harsh bickering has been taking place for more than a decade. We have two sides

The Federalist who believe that the United States, in order to stay a country, had to become more centralized, have a complex commercial economy, and a proud standing on the world stage. Leader was Alexander Hamilton

The Antifederalist or Republicans as they named themselves believed that America Should not be highly commercial Remain predominantly rural and agrarian Central government should be of a modest size Leave most powers in the hands of the states and people Most importantly are the two leaders of the new Republican Party

James Madison and Thomas Jefferson

Federalist Rule

While George Washington was not officially affiliated with any political party, the government was firmly in control of the Federalist Quietly supported the Federalist cause Since he is George Washington, no one was going to directly challenge

him Washington also believed the Presidency was above normal politics. He was

going to make sure he ran his presidency this way De facto leader of his administration is Alexander Hamilton

Believed that an enlightened class had to rule. This meant that a government needed the support of the wealthiest families

Called for the government taking responsibility of the national debt Wealthy families owned the debt, Hamilton proposed buying the debt from them

by giving them interest-bearing bonds State debts would be taken under control of the national government.

Hamilton knew that the federal government would never be able to pay off the entire debt, but that was not his plan. A bigger national debt meant more investors. Those investors would then have a permanent stake in keeping the government alive.

Creation of an American National Bank

Antifederalist: Thomas Jefferson Secretary of State under Washington Believed limited government

preserves liberty Envisioned the US as an agrarian

nation Trusted the common people and

distrusted centralized power Against large debt

The Budget

Everyone wanted to pay the national debt, but many people opposed taking the debt on face value. The Old Revolutionary Bonds had been sold to speculators at a

fraction of the price. To win support for the budget bill, Hamilton promised to move

the capital of the United States to the South. The capital would move there by the turn of the century

Approved by Madison

Hamilton’s Bank, according to him, was within the intentions of the Constitution “implied powers” The Republicans vehemently argued that Congress should not

exercise any power not given to Congress by the Constitution Still passed and for a while everything that Hamilton had wanted with

this bill had been done. Small farmers however complained that they had to pay a larger portion of

the tax burden

Jefferson opposed the bank as unconstitutional

The Beginning of the End

The feeling that no interest group would be able to control the entire government was overwhelming strong The fact that the Federalist ran the entire government

began to worry the Republicans and the majority of the population Argued that the Federalist were creating political parties

throughout the country that resembled the British The Republicans then decided to do the same to oppose

the Federalist

The Jefferson Ideal A decentralized society, dominated by small property

owners engaged in agrarian activities Oppose protective tariffs

Open Rebellion

1791—The American Frontier was the outer edges of present day Appalachian states. They were normally left alone They dealt with Native American everyday

They were angry that they were not allowed to expand westward Didn’t help that they were taxed for creating their alcohol

Began to openly harass tax collectors and refused to pay taxes Republican governor refused to act

Federalist interpreted as Republican conspiracy

1794—The Response was swift Washington and Hamilton lead an army of 15,000 men and

headed towards Penn. to crush the so called Whiskey Rebellion Washington blamed Republican clubs for encourage unrest Jefferson saw rebellion as excuse to raise a standing army to

intimidate opposition

How do we deal with Pocahontas friends?

They openly challenged the republic’ s claim to their tribal lands The rules put in place to stop westward

expansion had created many border conflicts How was the American government supposed to

deal with Native American problem? The New government was supposed to honor the

treaties done with the Indian tribes which were talked about in the Constitution

Many considered Indian Nations as sovereign people, but they were a nation within a nation.

Treaties were created, but this did little to protect them from white expansion

Pushing the Native Americans Aside British would encourage Indians to attack

settlers as they withdrew from the Frontier Battle of Fallen Timbers (1794)—US army

defeated alliance of Indian nations in Ohio Treaty of Greenville (1794)—forced Indian

removal from Ohio British stop supporting Indians Spanish would stop inciting Indians

against settlers and open the Mississippi to US western frontier (Pinckney’s Treaty)

Foreign Affairs

French Revolution shapes US political divisions Jefferson Republicans

Favor France State’s rights Strict interpretation of the Constitution

Hamiltonian Federalist Favored England Strong central government and economic

planning Maintenance of order by federal troops

Neutrality

It took almost a decade for Great Britain to send a representative to the United States British still occupy Ohio River Valley 1793 –Great Britain is once again at war with the brand new

French Republic Washington immediately let be known that America would

remain neutral It doesn’t help that the French Ambassador, Edmond Genet,

ignores Washington’s directives and actively looks for America’s help

In 1794, the Royal Navy began to seize American ships Outrages the public

Jefferson: punish England by cutting off trade Hamilton: appease England because too strong

War is a real possibility

John Jay

Hamilton didn’t trust Edmund Randolph, the new secretary of state Convinced Washington to appoint Chief Justice John Jay to be

the special envoy to Britain Wanted compensation for the British attacks and ordered them

to leave frontier ports. Better commercial relations Acceptance of American neutrality

Didn’t accomplish this, but it did secure an open trade agreement between the two nations. Britain also recognized America’s claim to the Northwest

Jay’s Treaty was blasted by the country, but it still passes

Spain was legitimately concerned about their possessions in North America Thomas Pinckney knew that Spain cared more about the

Caribbean, so he was able to get everything America wanted from Spain in North America

Treaties Spark Domestic Unrest Republicans, press criticized

Washington Clarification of executive privilege in

national security affairs House demanded papers related to Jay’s

mission Washington claimed right to withhold

national security secrets Washington’s prestige made criticism

difficult, but partisan division is now entrenched

Election of 1796

The Federalist as a political party would no longer be an effective political force They bet on stability instead of personal liberty

Washington’s Farewell Address, written by Hamilton Would not run for office Prevented Republican organization for presidential

campaign Warned against permanent foreign entanglements

John Adams and Thomas Jefferson run for President John Adams wins, but not before his party is split in two.

It doesn’t help that his opponent is now his VP Adams, even though respected, was not able to control

Hamilton.

The Adams Presidency

Hamilton tried to push Pinckney over Adams

Adams is forced to accept people not supportive of his Presidency Federalist department heads will be

more loyal to Hamilton than they are to President Adams

Quasi War

With Jay’s and Pinckney’s Treaties, relations with Great Britain and Spain improved Relations with France got worse

They began to seize American ships and refused to see the American representative to France Many favored war, but not Adams and Hamilton

Charles Pinckney, John Marshall, and Elbridge Gerry are sent to France to begin negotiations. Before they begin, the French officials demand money and a

bribe for themselves When Adams hears of this, he calls for war

Known as the XYZ Affair All trade with France is severed, repudiate the treaties with

France, and capture French vessels themselves The Department of the Navy is created in response to the Quasi War

Adams refuses to ask Congress for war Hamilton commanded Army, had the support of American generals

Friends?

America was actually winning some battles. I know I was shocked too.

They were becoming friends with Great Britain, again shocked France did not like this, not shocked

France decided to play nice and came to a peaceful end to this faux war The Federalist grew in power, and wanted to stay that way. What

they did effectively killed their political party The Alien and Sedition Acts

First immigration laws 14 years of residency for citizenship

Allowed the government to prosecute those engaged in sedition The government would decide who was engaging in sedition

Criticism of the government was deemed illegal Arrested ten newspaper editors

All were Republicans and had been critical of the Federalist

Creates political crises in America Jefferson and Madison come up with plans calling the Federalist plan void due

to it conflicting with Locke’s social compact theory Virginia and Kentucky Resolutions

Kentucky and Virginia Resolutions The Resolutions said states have

final say in determining constitutionality of federal law Jefferson’s Kentucky Resolutions—states

may nullify unconstitutional federal Madison’s Virginia Resolutions—urged

states to protect their citizens Purpose of resolutions was to clarify

differences between Republicans and Federalist, not to justify secession

Adam’s Greatest Hour

1799—Adams breaks with Hamilton Sends new team to negotiate with France

War hysteria against France vanishes Hamilton’s army seen as a useless and

expensive expense

Convention of Mortefontaine No compensation for seized American ships 1778 treaties null and void French restrictions on US commerce removed Created a climate of trust between France

and US

The Peaceful Revolution: The Election of 1800 The High Federalist led the campaign

to replace Adams with Pinckney Federalist would lose the election, but

Jefferson and Aaron Burr would tie The House of Representatives decides

President if there is a tie Hamilton decided that Jefferson would be

better than Burr Jefferson inaugural: “We are all

republicans, we are all federalist”

Reflection

The Grand Experiment is on shaky ground Debt, violence, civil unrest, lack of coordination

American Elites take it upon themselves to make sure America works Real distrust of the regular American

Nationalism vs. Federalism State Rights vs. Federal Rights

Jefferson vs. Hamilton

Washington’s goal of keeping American politics civil was a dismal failure. The most ambitious would govern and they would disagree on many things. They did not disagree on the great potential of the American

country Our Founding Fathers tried to take the best ideas from around the

world and history and apply it to a country as diverse as it is was large The Election of 1800 will be one of the most important elections of

American History Thomas Jefferson will recreate the American Experience