Chapter 6

The Constitution and the New Republic

Framing a New Government

Chapter 6.1

Americans feared the power of a central/federal/national

government Wanted to maintain State’s rights and powers

The government under the A of C was hampered by Factions (different groups within the whole) Instability Inability to deal with economic problems (inflation, taxes, etc.) Failure to deal with Shay’s Rebellion made it look bad Lack of power to solve social unrest (like veteran affairs and slavery)

Merchants, wealthy landowners, and traders wanted to standardize the economic system… WHY?

Alexander Hamilton and James Madison join forces to call for a Constitutional Convention—where delegates will meet to overhaul the A of C and strengthen the central government so that they could have the power to PASS TAXES

Advocates of Centralization

55 “Founding Fathers” met in Philadelphia in September of 1787

Generally they were group of people who distrusted any concentration of power but new they needed a stronger government

Washington chosen as President of the Convention Voted to close the meeting to the public and press… Why is this

significant? James Madison introduced the Virginia Plan—bicameral

legislature (House=based on population, Senate=based on votes of the House) Large states have a huge advantage

New Jersey Plan—unicameral legislature equally represented, gave congress powers to tax and regulate trade Gave advantage to small states

Argument over whether slaves should be counted for taxation… WHY?

A Divided Convention

Convention bickered for months, could not

decide Great Compromise —July, 1787 Convention

agreed to legislature and representation House=based on population

Slaves count as 3/5 of a person but cannot vote Why would slave states want slaves to count as

population? Senate=every state gets 2 representatives

South prevented North from taxing the slave trade or for stopping the slave trade for 20 years

Compromise

James Madison—the father of the Constitution

Solved the issues of… Sovereignty—power flowed from the people NOT

from the government

“We the people…” Divided Power—Federal and State government

shared power—a Republic Limiting Power—Separation of powers created a

system of checks and balances within the three branches of government and the state/federal government

The Constitution of 1787

Convention feared that the Constitution wouldn’t be

ratified under the A of C (which required a unanimous vote) so they changed the rules and required only 9 states to ratify.

All states but Rhode Island ratified it. Federalist Papers—written by Hamilton, Madison,

and Jay and published in Newspapers, supported the constitution. Supporters came to be known as Federalists

Antifederalists—feared a possibly tyrannical centralized government and did not like that the constitution because it lacked a Bill of Rights

Federalists and Antifederalists

Elections took place in early 1789, overwhelming

Federalists won. George Washington became President and John

Adams became Vice President Congresses first task was to draft a Bill of Rights

— which the antifederalists were promised if they supported the formation of the new government (12 proposed, 10 ratified)

Congress created first Cabinet—Secretaries of State (Thomas Jefferson), Treasury (Hamilton), and War (Henry Knox)

Completing the Structure

  ARTICLES OF CONFEDERATION CONSTITUTION

LEVYING TAXES Congress could request states to pay taxes Congress has right to levy taxes on individuals

FEDERAL COURTS No system of federal courts Court system created to deal with issues between citizens, states

REGULATION OF TRADE No provision to regulate interstate trade Congress has right to regulate trade between

states

EXECUTIVE No executive with power. President of U.S. merely presided over Congress

Executive branch headed by President who chooses Cabinet and has checks on power of judiciary and legislature

AMENDING DOCUMENT 13/13 needed to amend Articles 2/3 of both houses of Congress plus 3/4 of

state legislatures or national convention

REPRESENTATION OF STATES   Each state received 1 vote regardless of size

Upper house (Senate) with 2 votes; lower house (House of Representatives) based on population

RAISING AN ARMY Congress could not draft troops, dependent on states to contribute forces

Congress can raise an army to deal with military situations

INTERSTATE COMMERCE No control of trade between states Interstate commerce controlled by Congress

DISPUTES BETWEEN STATES Complicated system of arbitration Federal court system to handle disputes

SOVEREIGNTY Sovereignty resides in states Constitution the supreme law of the land

PASSING LAWS   9/13 needed to approve legislation  

AOC vs. Constitution

Federalists and Republicans

Chapter 6.2

Federalists dominated government for 12 years under the

leadership of Hamilton (as leader of the party NOT the government)

Hamilton believed: Stable and effective government required “enlightened” ruling

class What does this mean? Government was responsible for national and state debt—

issues bonds to give the wealthy a stake in the country’s future Created a federal bank—safe place to keep funds, collect

taxes, and pay government expenses. Government sold lands in the west to pay for bonds but it

wasn’t enough Government started taxing the production of Whiskey and

putting tariffs on imports.

Hamilton and the Federalists

Some states (VA) did not like the Federal

assumption of state debts from states with large debt (MA) so they compromised and moved the capitol from Philadelphia to Washington D.C.

Bank of United States is created despite argument that Congress could not create the bank since the Constitution did not specifically say it could.

Enacting the Federalist Program

Madison warned that political parties were dangerous (Fed

Papers #10) Because Federalists were in control of so much of the

government, many wanted an opposing party—birth of the Republican Party

First Party System—both sides argued that the other side had no right to exist and that there were no political parties.

James Madison & Thomas Jefferson—leaders of the Republican party Believed in States Right, Believed in an “Agrarian Republic”—independent farmers Feared growth of cities and industrialization

Federalists did not support the French Revolution while the Republican did. (common people of France over threw the French aristocracy)

The Republican Opposition

Establishing National Sovereignty

Chapter 6.3

1791 PA farmers refused to pay whiskey

excise tax, Washington called militia from 3 states, Whiskey Rebellion collapsed- intimidation won allegiance

Federal government won loyalty of frontiersmen by accepting territories as new states (NC 1789, RI 1791 last of 13 colonies)- VT 1791, Kentucky 1792, Tennessee 1796

Securing the Frontier

Clashes with natives raised question of

Indians’ place in the federal structure. Constitution recognized tribes as legal

entities, but not outright nations

The Constitution did not address the main issue of land Indians lived within US boundaries but the

US offered them some measure of sovereignty

Native Americans and the New Nation

In 1791 Great Britain sent first minister to US

question of US neutrality arose in 1793 when French government from revolution of 1789 went to war with Great Britain

French sent representative to US (Edmond Genet) violated Neutrality Act and tried to recruit Americans to French cause- US ships as privateers, raids against Spanish (who allied with

Britain)

British Royal Navy began seizing US ships trading w/ French in West Indies in 1794, anti-British feelings high, Hamilton concerned because war meant end to English imports main revenue for financial system dependent from duties

Maintaining Neutrality

Hamilton feared pro-French State Dept, had Washington send Chief

Justice and Federalist John Jay to negotiate treaty with Britain

Jay’s Treaty in 1794 failed to compensate Brit assaults on ships and withdrawal of Brit forces from frontier, but prevented war, established American sovereignty over Northwest, satisfactory commercial relationship

American backlash followed b/c not enough Brit promises, Republicans and some Federalists offered opposition but ultimately ratified by Senate

Jay’s treaty allowed peace to be made with Spain b/c raised fears of Brit/American alliance in North America,

Pinckney’s treaty in 1795 recognized US right to Mississippi, Florida border, control of Indian raids from FL

Jay’s Treaty and Pinckney’s Treaty

The Downfall of the Federalists

Chapter 6.4

Washington retired from presidency in 1797,

in “Farewell” worried over foreign influence on gov’t, including French efforts to frustrate Federalist diplomatic program

Party rivalry start sot take shape Jefferson runs for Republicans, Hamilton too many enemies so VP John Adams becomes the Federalist candidate

Federalists could win majority of electors 1796 pres. election for Adams but factional fighting within party caused second candidate Thomas Pinckney to receive many votes- resulted in Jefferson finishing second, became VP.

Federalists divided, strong Republicans opposition, Hamilton still leads party

The Election of 1796

US relations with Great Britain & Spain improved after treaties,

deteriorated w/ France b/c of impressments of US ships and sailors

President Adams pursued reconciliation by appointing bi-partisan commission of Charles Pinckney, John Marshall, Elbridge Gerry to negotiate

French foreign minister Talleyrand demanded loan and bribe, Adams turned over report to Congress w/ names deleted- “XYZ Affair”

caused outrage at France, Federalist gained support for response

Adams asked Congress to cut off trade, 1798 created Dept of Navy (very successful capturing French ships), cooperated with Great Britain

France reconciled, new government of Napoleon 1800 new commercial arrangements

The Quasi War with France

Conflict with France led to Federalist majority 1798,

to silence Republican opposition Adams passed the Alien and Sedition Acts

Alien Act restricted foreigners becoming citizens, Sedition Act allowed government to prosecute libelous or treasonous

activity- but definitions allowed government to stifle any opposition— Republicans fought back

Adams cautious in implementation but still repressive, Republican leaders hoped for reversal from state legislatures

Jefferson + Madison had VA, KY adopt resolutions arguing when government exercised undelegated powers, its acts “void”. Used Locke’s “compact theory”: states were part of contract, fed govt had breached contract, therefore states could “nullify” the appropriate laws—only VA and KY did so

By late 1790s national crisis because nation so politically divided

Repression and Protest

1800 presidential election saw same candidates- Adams’ and Jefferson’s

supporters showed no restraint or dignity in their assaults against other

Crucial contest in New York where Aaron Burr (candidate for VP) mobilized Rev War veterans, the Tammany Society, to serve as Republican political machine- Republicans eventually won the state and election

In partisan atmosphere Jefferson and Burr votes tied, the previous Federalist Congress had to choose between the two in a vote (House of Representatives decides when no majority), ultimately Hamilton and Federalists elected Jefferson

After election only judiciary branch still Federalist, Judiciary Act of 1801 had created many new positions which Adams had filled before leaving office

Republican viewed victory as savior from tyranny, believed new era would begin where true founding principles would govern

The “Revolution” of 1800

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