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Unit 3 notes
by Rheanne Carbonilla - Sunday, October 4, 2015, 06:00 AM
 

UNIT 3: The Constitution & The New Republic


Rheanne Carbonilla

Kaan Period 1

10/3/15

Confederation Congress

•1783 -- Members left Phil. w/ lack of courage


→ Escape from clamor of army vets. → wanted back money

→ Ended up settling in NY (1785)

•18 members repre. 8 states, voted on the NW. Ordinance


•Wanted to keep political power in the states a center


→ to be able to control



Supporters of a STRONG Nat. Gov’t

•Military men (some of) many from the hereditary Society of the Cincinnati →


(formed by Rev. army officers 1783)

critical at the Congress for how they didn’t fund their pensions

•Merchants


→ Wanted one national state commercial policy, instead of 1

•1786 -- diverse demands → Confederation to make drastic changes


→ Defenders of syst. agreed the gov’t needed to strengthen the power of tax


James Madison

- Persuaded VA legislat. to bring together a conference on comm. questions

•made plan for a new “national” gov’t


→ Virginians used it to control agenda

•Resolved 2 important philosophical questions


1.Question of power


2.Question of sovereignty


→ 1 of chief sources of friction between the colonies & Great Britain


Alexander Hamilton - reformer, NY lawyer 1 time milit. aide to G. Wash.

•The delegates sent from 5 states in Annapolis, Maryland (1786) approved proposal by Hamilton


→ Recommending that congress call a convention of special delegates from all states to Phil. nxt yr

→ Considering ways to “render the constitution of Federal gov’t adequate to the exigencies of the union”

• G. Wash. did not really show interest until after hearing news of Shays Rebellion


Convention

•Held in Phil. State House May - Sept 1787 (55 men all states - except RI)

•Major decisions → simple majority

•July 2 - Agreed to make “Grand Committee” w/ 1 delegate from each state

→ To resolve disagreements

Alexander Hamilton Beliefs

•New gov’t take responsibility on the existing public debt

•Create large & permanent national debt
→ Wealthy most likely lend $ to gov’t
→ Would make gov’t stay alive
•Create national bank
→ Provide loans to business, help collect taxes, ect.

•Proposed 2 kinds of taxes
1.Tax paid by distillers of alcoholic liquor
2.Imports
→ Raise sale & protect US manufacturing from foreign comp.

*** Small farmers felt program was mainly for wealthy elites

→ Had to pay distillers, tariffs, & prop. taxes for state gov’t

VA Plan
•New national legislature consisting of 2 houses
•States be represented by population size
→ Angered delegates from DE, NJ, other small states

•Agreed to permit upper house members be elected by State Legislatures
→ Ensure each state to always have at least ! mem. in upper house


Founding Fathers

•55 men in convention, average age: 44 → One delegate : Advanced age
ex. B. Franklin (81)
•Represented great propertied interests in country
•Feared “Turbulence & follies”

Great Compromise

• Committee proposed that upper house, the states should be represented = w/ 2 members apiece


•July 16,1787 - Convention voted to accept

•Convention agreed that

1. Legislature wouldn’t be able to permit on tax exports
2.Congress forbidden to impose a duty more than $10 per head on imported slaves

•Delegates who viewed slavery as offensive
→ Agreed b/c of fear constitution would fail

***** Constitution had Absence of list of individual rights
→ would restrain power of National Gov’t in way so bills of rights restrained National Gov’t.

Constitution of 1787
•Distribution of powers between the national & state gov’ts
→ helped make problem of sovereignty resolved
•Constit. & gov’t created were to be the “supreme law” of the land

•Federal gov’t to have broad powers
→ power to tax, control currency, regulate commerce

•Solved the problem of concentrate authority


Powers
• Congress
- 2 chambers
- Senate & House of Rep.
→ each w/ own members of elected differently & for different terms

• President

•able to veto acts of Congress

•ONLY House of Rep. would be elected by the people directly

•September 17,1787, 39 delegates signed the Constitution


Federalists & Antifederalists

•Federalists (Centralizers)
•Opponents of centralization called themselves
•Were less committed to a “nationalist govt”
•Support from political philosophers, A. Hamilton, J. Madison
•After 1796 never won another election
→ Wrote series of essays published in newspapers & virtues of Constitution
→ explained meaning of virtues in of the constit.
→ to counter powerful arguments that those opposed to the constit.
Essays later became a book published - “The Federalist Papers”

•Antifederalists

•Defenders of the true principles of the Rev.


•Believed constit. would betray principles of true principles


•new gov’t would increase taxes


•constit. lacked bill of rights


•Opposed the const.


•Placed obstacles between people & the exercise of power



***Ratification proceeded during the winter of 1787-1788

•Delaware convention 1st to act when it ratified the Const. unanominously



Bill of Rights - (1st 10 amend. to the cont.)

- J. Madison

→ BOR was to legitimize new gov’t with opponents

•Congress approved 12 amend. on Sept 25, 1789


→ 10 ratified by the states by the end of 1791

•9 had limitations on Congress by not letting them intrude in certain rights


•Act of 1789 (in judiciary court)


→ Congress provided the supreme court of 6 members.. ect.

→ & Gave Supreme court the power to make the final decisions involving the constitutionality of state laws


**First congress created - State, treasury, & war

•Office of sec. - A. Hamilton


•Sec. of war - Gen. Henry Knox, Sec of state - T. Jefferson


Republican

•Key figures - T. Jefferson & J. Madison


•Jefferson envisioned decentralized society, dominated by small prop. owners


Whiskey Rebellion

•1794 farmers in W. PA refused to pay whiskey taxes & terrorized tax collectors


•After Wash. led 15,000 troops into PA the rebellion collapsed


• Fed. gov’t won, won loyalties of other frontier people by accepting territories ss new states in Union




Native Americans (NA)

•Con. made clear NA weren’t US citizens


•No direct ep.from new gov’t


•Lived within US boundaries



Jay’s Treaty

•Chief justice of Sup. Court loyal federalist


•Jay was to secure compensation for recent Brit. assaults on Amer. shipping, demand withdrawal of Brit. forces from frontier posts, negotiate ner comm. treaty


•Helped prevent what could’ve been war


•Senate ratified



Pinckney’s Treaty

•Spain recognized rights of americans to navigate the Miss. to its mouth


•Deposit goods @ New. Orleans for reloading ongoing ocean ships


•agreed to fix N. Boundary of FL


•Required Spanish Authorities to prevent Indians in FL from launching raids cross border


XYZ Affair

•After Americans arrived in Paris (1797), 3 agents of French Foreign minister, demanded loan for France & bribe for French officials before negotiations


→ Pinckey angrily said “NO! NO! Not a sixpence!”

•Adam denounced the French insults at Congress & called to prepare for war


•Congress deleted 3 french agents and called them “Messrs. X, Y, & Z


Quasi War

•1798 Congress created Depart. of Navy & allied w/ Brit. in war w/ France


•France conciliate the US before tension grew more


•New commission to Paris 1800, New French gov’t agreed to treaty


→ Cancelled old agreement 1778 & established new comm. arrangements


Alien & Sedition Acts

•Conflict w/ France helped Federalists increase majority in Congress


→ Began to silence repub. oppos.

→ Led to Alien & Sedition acts

•Alien : new obstacles to the foreigners who wanted to be American citizens


→ Adams didn’t deport any aliens discouraged immigration

•Sedition : Allowed gov’t to prosecute anyone who engaged in “sedition” against gov’t


→ Arrest & convict 10 men (Administration)

Virginia & Kentucky Resolutions

•1798-1799 - used ideas of John Locke to argue the federal gov’t had contract among states & possessed only delegated powers


•Only VA & Kentucky declared congressional statutes void



Election of 1800

•New congress in 1800 w/ majority Repub.


•36th ballot Jefferson was elected


•Judiciary of 1800 - Federalists lowered # of Supreme Court judgeships by 1


•# of federal judgeships as whole increased



Crash Course 8



1. First gov’t set up by continental congress : AOC

AOC

•Consisted of a one house body of delegates w/ each state w/ a single vote


•No judiciary or president


•Decisions needed 9/13 votes (no dec. would be made..)


•Congress limited on what they could do (declare war, make treaties, ect.)


•Articles could be amended - required unanimous vote


•PROS - won them war, Indians surrendered land N. of Ohio River, N.W Ordinance


•CONS - can’t collect taxes (congress), states had to do it individually → made internat. trade a disaster


2. Shays Rebellion

•1786 & 1787, farmers in Ma, rose up & closed courts to prevent foreclosing upon their debt in covered farm


•After rev. war vet. & indebted farmer, Daniel Shays


•showed too much democratic liberty among the lower class could threaten priv. prop.


*** Northwest Ordinance of 1787 ***

•Set up process that created 5 new states betw. Ohio & Miss. River


•Acknowledged Indians had a claim to the land & OUTLAWED slavery in all 5 of the new states


3. The Constitution

•55 men “revised” the Articles by making The Constitution in Philly


•Most delegates wanted to create gov’t that protected against tyranny from the gov’t & by the people


• Large states supported J. Madison plan - 2 house legislature , Small states - NJ plan


•Great Compromise by CT Roger Sherman, house of rep, and senate


•Fugitive Slave Clause : requiring any escape slave to be returned to master


•9/13 states required to ratify constit.


•J. Madison, A. Hamilton, J. Jay- wrote The Federalist Papers - persuasive argument why strong nat. gov’t is necessary


***Federalism***

•idea that governmental authority vote in the national & state gov’t


Anti Federalists afraid of strong gov’t,

Writer James Winthrop - “...no extensive empire can be governed upon repub. principles”