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Unit 3 Notes
by Kiva McElhiney - Sunday, October 4, 2015, 10:46 AM
 

The Constitution and the New Republic: (159-173)

  • population having difficulty w/ Confederation

    • in 1787, created a new government (Constitution of the United States)

  • American Constitution- written by B.Frank, James Madison, George Washington

    • most principles came from states

    • this government had lasted over 2 centuries, most stable in the world

    • “sacred document”

    • happy w/ it, didn’t know what to do or how to interpret

  • having trouble, b/c central government weak-- could not get anything done (war, peace treaty etc…)

    • wanted to keep political power within states

      • 1780’s wealthier people started fighting for a more unified gov

        • wanted it to be able to handle national problems

        • military men were not getting paid-- started the fight for a more unified central gov.

          • George Washington got in the way, stopped the fighting

        • merchants and shippers-- didn’t like all different states having different policies-- wanted one national one

          • obvious the confederation needed to change (biggest, lack of taxation)

  • Alexander Hamilton- political genius, NY lawyer,

    • unhappy w/ AOC + weak central gov

    • called for a national convention-- whole document done away w/

      • allied w/ James Madison-- helped persuaded VA legislature to attend

        • only 5 states sent delegates-- drafted, wasn’t official

    • wanted all states to send delegates-- gather in Philly next year

      • wanted to think of ways to “render constitution of the Federal Government”-- wanted it to work w/ the union

  • Meeting in Philadelphia- most likely going to have similar turnout from last year

    • won support of G. Washington-- gave the meeting credibility

      • at first not interested-- heard about Shays rebellion, something had to be changed

  • The Founding Fathers-

    • 55 men representing states attended (except RI) one or more sessions

      • sat in states house (May- September 1787)

Beliefs:

  • each state would have one vote

  • major decisions did not need unanimity, just simple majority


  • Edmund Randolph- of VA

    • thoughts of having a supreme Legislative, Executive, and Judiciary branch in National Gov.

      • began to introduce details from Madison’s Plan

  • The Virginia Plan- called for new nat. legislative housing (consisted of two houses)

    • would be represented by population

      • small states may at times have no members-- (upper house elected by the lower house)

        • this plan not liked by the smaller states

      • was still in discussion-- had to help small states to gain votes

        • Resolution: members of upper house elected by the state legislatures-- each state would always have one member in UH

    • William Patterson- (of NJ) revision to the VA plan

      • proposal to a federal vs. National

        • New Jersey Plan

          • kept the one-house legislature- each state had equal rep

          • gave Congress expanding powers, tax+regulate commerce

            • gained much support from small state reps.

  • Slaves-- would they be considered part of the population or just as property?

    • people wanted them to be both (esp. SC)

      • states that had no slavery wanted them to be considered for tax reasons, not for legislative reasons

    • no one argued seriously to give slaves citizenships

  • The Great Compromise “grand committee”- before July 2nd there was much arguing and no resolution, finally decided single delegate from every state (B.Frank as chairmen)

    • called for legislator- states would be represented in lower houses by population

      • each slave counted aspopulation (representation+taxation)

    • in the upper house, states be represented equally (2 members a piece)

    • July 16th, 1787, voted for the compromise

  • Rules for Slaves:

    • congress could not have more than $10 duty on a head for imported slaves

    • no authority in stopping slave trade for 20 years

    • people who disagreed w/ slavery went w/ it, feared they needed it for the constitution to work

  • Problems w/ Constitution:

    • important q’s unanswered-- would come across later

    • gave no definition of citizenship

    • no list of individual rights- restrain powers of nat. gov.

      • J. Madison disagreed, would make it similar to more state power= AOC

      • others thought that nat. gov. would abuse newfound authority

  • James Madison- one of the most imp. contributors to Constitution (1787)

    • helped resolve 2 big political q’s-- previous obstacles to creation of nat. gov.

      • MAIN Q’S: sovereignty and limiting power

    • Sovereignty- main sources of tension in the colonies and Great Britain

      • how could both the state gov + nat. gov use it at the same time?

        • J. Madison resolution: all the power from different levels of gov, flowed from the people

          • power came from the citizens, not the states

      • resolved distribution of power for states + nat gov.

        • “supreme law” of the land, no state could go against it

          • power to tax and regulate commerce (control currency), could pass laws that were needed

            • still gave states a lot of power

    • americans thought that the only way to not have tyranny keep gov close to the citizens

      • rulers should not distance themselves

        • first thought that states should remain sovereign-- strong nat gov would be dangerous

          • J. Madison thought that the opposite would happen, started the…. vvv (below) vvv

      • Separation of Powers- many different branches checking each other

        • making sure one branch not to gain too much control

          • would be among the legislative, judicial, and executive branch  

        • congress had 2 chambers- senate + house reps

          • members elected in different ways and different terms

          • both would have to agree for law to be passed-- always checking each other

        • pres had power to veto acts in congress

        • federal courts had protection from legislators and executive branch

          • b/c judges once appointed by pres, confirmed by senate, served for life

***September 17, 1787 39 delegates signed Constitution***

  • agreed that the Constitution would go into action when 9/13 states agreed

    • how the AOC rules were structured

      • could vote yes or no-- had to wait till it was ratified to change it

    • all the states agreed to ratify X Rhode Island

  • Supporters of the Constitution- had more strength

    • support from B.Frank and G.Washington

      • also from many political people

        • wrote series of essays explaining constitution (why it was helpful)

    • known as the “Federalists

  • Anti-Federalists- people who opposed constitution

    • federalists feared they would get some states to repeal their vote

  • The Federalists Papers- essays written about the constitution

    • greatest American contribution to (political theory)

      • critics were anti-federalists

        • people arguing very intellectual and smart

          • argued points of revolution-- believed constitution went against that

            • argued for a bill of rights-- gov could not be trusted to ensure the people have well-being

  • Debating the Constitution

    • anti-federalists not bad guys-- wanted good gov too

      • believed put a block on citizens and gov

    • eventually constitution ratified-- could go into effect

  • First Constitution Election- congressmen and senators voted for

    • G.Wash pres, b/c he helped w/ constitution and getting it ratified

      • J.Adams v. pres

  • First Congress- filled in gaps of constitution

    • DRAFTING BILL OF RIGHTS V.IMPORTANT

      • first ten amendments (bill of rights)

        • gave citizens protection and basic rights

          • supreme court final decisions in judgement conflicting w/ the law

  • The Cabinet- created 3 departments: state, treasury, and war

    • office of attorney general and postmaster general

  • Competing Visions- people still disagreeing w/ ways gov should be run

    • helped resolve conflict, discussed ways to fix issues of hate toward constitution

  • George Washington- goals for strong national gov, federalists were the leading people

    • presidency remain above political controversies-- away from personal involvement w/ congress     

  • Alexander Hamilton- influence on domestic+foreign policies

    • aristrocratic

      • wanted enlightened ruling class-- support from the wealthy

      • congress pay for debt from previous constitution-- “funding the debt”

    • wanted national bank-- better banking system

      • watched by federal gov

    • two new kinds of taxes- hoped it would help grow the industry

      • alcohol

      • imports

        • few members objected to idea  

  • Location of the Capital- first created to figure out who was paying the debts

    • NY- Philly -- VA wanted capital near them

      • construction of new capital city-- gov would move there when new century began

  • Bank of the United States- much disagreement on whether to pass the bill or not

    • was voted for-- allowed to stay for 20 years, then see where people are

    • bank did very well financially

    • won support of many-- mostly the wealthy

      • people who disagreed:

        • small farmers (large majority)

  • Political Parties- G.Washington XXX

    • federalists started party-- many apposed

        • most supported in commercial centers

      • won many allies (aristocratic)

        • doing many things Britain used to do (NOT GOOD)

    • Republican Party- response to federalists, needed a way to stop

        • most supported in rural areas

      • formed committees in states etc..

      • repped best interest for the people

      • Thomas Jefferson (spokesperson) + James Madison

  • French Revolution (response)-

    • federalists disagreed

    • republicans agreed-- supported ideas

  • Whiskey Rebellion- farmers refused to pay tax on whiskey

    • terrorized tax collectors (similar to the time of stamp act)

    • G.Wash got army to go into PA >>> led 15,000 soldiers

      • rebellion collapsed upon arrival-- had intimidated them, and won

  • Indians and the Constitution- who would control the land west of the border?

    • constitution mention to Native Americans

    • had to respect treaties-- still did not know legal standards of Indian Nations in US

      • legal entities vs. foreign nation ??

        • no direct representation

          • many lived within boundaries, had sovereignty

  • Britain sent a minister to US

    • US threatened to put trade restrictions on England

  • Edmond Genet- France’s diplomatic representative to America

    • use American ports as warships (for French) etc…

      • ignoring Washington’s policies-- Neutrality Act

        • Washington wanted French gov to take him back-- didn’t send him back to France, did keep him is US,

          • neuralicy party survived, worked well  

  • the Royal Navy was seizing ships from the US

    • feeling against “anti-britain” rose and heightened

      • thought of war w/ canada against the Indians and Britain

  • John Jay- chief of justice for the US supreme court

    • meant to secure compensation from British assaults

      • negotiate commercial treaty (what does this mean?) Jay’s Treaty

        • did so in 1774, did not work, didn’t achieve what they wanted

          • settled conflict w/ Britain -- stopped a war from occurring

          • showed that America had ultimate sovereignty

          • commercial relationship w/ Britain

            • when it went public, people upset, wanted more to come from the treaty

              • all republicans + some federalists apposed

                • many wanted to prevent ratification -- French, governors etc…

                • Senate ratified

  • Pinckney's Treaty- was the US’s correspondent to Spain

    • received everything from spain that the US wanted

      • signed treaty in 1795

        • Americans had the right to navigate near the river

          • agreed to fix northern boundaries

          • spanish authorities to prevent Indians in Florida from launching border attacks

  • the Republicans began to gain more power, the citizens siding w/ them

    • Federalists thought they had to make choice, respecting individual liberty OR preserving stability-- chose stability-- did not work well

      • gradually left as a large force in the US

  • Washington’s Farewell Address- had many followers, wanted him to run for 3rd term, declined  

    • when resigning, wrote a letter, reacted to the Republicans

      • went against them, said what they had done to him-- (working w/ French so Federalists would be upset

        • new ideas for future leaders aroused


Federalists

Republicans

  • v. pres John Adams-- nominee for running

  • dominant party- most likely going to win

  • Washington could no longer mediate- got into many quarrels

    • defeated jefferson, barely

  • Adam’s one presidency

    • not the strongest pres

      • not much talent or rigor

    • Hamilton still main Fed in charge (v influential)

  • Jefferson was obvious candidate

    • second in ballads-- vice president

 

  • Relationships w/ other Nations- kept good relations w/ GB and Spain b/c of treaties

    • France not as strong

      • french attacking US

      • would not host the US’s representative

    • deciding to go into war or not?

      • Adams disagreed-- decided to appoint bipartisan commission's, selected some people to negotiate w/ france

        • tried to-- insulted, sent word to US to prepare for war

          • XYZ Affairs- deleted names of agents they had been corresponding w/ in France

            • report published- people mad w/ France

            • 2 years, US in undeclared war w/ France

  • Quasi War- Adams told congress to stop trade w/ France

    • congress created dept of Navy + new money for warships etc.

    • worked closely w/ British-- ally of Britain- war against France

      • France decided to back down- sent more officials

        • agreed to sign treaty w/ US- created commercial arrangements “peaceful end”

  • Alien and Sedition Acts- Federalists gained more knowledge on power after fight w/ France- ready to go against the Republicans and win

    • Alien Act: new obstacles for foreigners trying to become american citizens

      • strengthened way pres dealt w/ them

    • Sedition Act: gov could prosecute people who engaged in “sedition” against gov

      • did not put clear idea of when or how to punish-- therefore, gov could really punish anyone

    • Republicans fought against the laws- thought they were targeted towards them

    • Adams signed laws, careful when reinforcing them

      • didn’t want bad relationship w/ Republicans

  • Virginia and Kentucky Resolutions- Republicans wanted to get rid of the new laws passed ^^^ see above

    • they had right to nullify the law, should not have been passed w/o consent of entire gov

      • did not win much support to nullify

      • dispute w/ Federalists gained attention at national level

        • 1790’s the two parties maid things in US strongly divided

  • Election 0f 1800- similar to four years prior, same candidates running again

    • candidates showed dignity, fans did not- would constantly fight

      • Jefferson elected

        • changed, problem w/ voting -- actually a tie

          • did go to Jefferson ask Mr. Kann, confused by the election

  • The Judiciary Act of 1801- Federalists only had followers now from judiciary

    • feds reduced number of Supreme Court judgeships, increased # of fed judges