Exam 2 Flashcards
The Constitution and the Search for Order
- The Philadelphia/ Constitutional Convention
- Competing Interests between Southern/ Northern, Bigger/ Smaller States
- Ratification
- Constitutional Gaps
The Philadelphia Convention 1787: Background
- First Continental Congress (1774)
- Second Continental Congress (1775)
- The Articles of Confederation (1777; ratified in 1781)
- Shays Rebellion (1786-87): showed the need for a stronger government
- Annapolis Convention (1786): 12 delegates, 5 states
- Alexander Hamilton, “Meeting of Commissioners to Remedy Defects of the Federal Government”: suggested that convention be called to discuss effects
- Philadelphia Convention (May- Sept. 1787): address problems on how to govern the US
Constitutional Convention
Who attended?
- 55 white male delegates, representing 12 states, Rhode Island missing
- Average age- 42
- 62% have legal training
- 35% slave-owners
- Urban overrepresentation, rural underrepresentation- established places well represented, new places, barely any representation
How democratic is this?
- Women, working class, African Americans, American Indians all missing
- Meeting only of male social and socioeconomic elite
- Meeting held in camera- in secret, no public “behind closed doors”
Unifying Themes
- Failures of the Confederation, amend or discard?
- Sense of mission
- Checks and Balances
- Fear of Anarchy
- Consent of the people: gov. to derive consent from the people
- Fear of external threats
- Choice of the first executive: George Washington
Competing Interests
- Central gov’t.- how much stronger? How democratic?
- Slavery/ count slaves?- taxation/ representation purposes
- Small vs. large states- # of representatives
- Commerce vs. agriculture
The Virginia Plan
- Advocates for the Large States
- James Madison and Edmund Randolph
- Bicameral Congress (2 houses similar to the British model)
- House of Representatives (lower house)- elected by the popular vote of white males
- Proportional representation (benefits the larger states)
- Executive with veto power who would also appoint officials to his cabinet
- Supreme Court
The New Jersey Plan
- Advocated for the small states
- William Paterson
- Unicameral Congress
- Equal representation of each state in Congress
- 1 state, 1 vote
- Plural executive with no veto( similar to a committee)
- Supreme Court
Major Issues
- Amend Articles
- Representation
- Slavery (seen as distracting question)
Women
- Judith Sargent Murray- first public champion of women’s rights in US
- 1790 ”On the Equality of the Sexes”
Written by Murray- challenges the view that men have a higher intellect, and is just from men claiming that - “Order of Nature”- demands equality
- No formal discussions of women’s rights at convention
- Politics and gov. outside of female realm (irrelevant)
Compromise Saves The Constitution- The Grand Commitee
- Export taxes prohibited
- 1 member for each state for Grand Committee
- Selection of chief executive( powers limited: cannot declare war or make peace, can be removed for high crimes and misdemeanor
- Electoral College: indirect democracy
>Did not trust majority
>Selected by states and each cast their own votes for chief executive- most votes: president
- 2nd highest votes- vice president
- 3/5 clause- slaves can be used for
taxation and representation
- NO action or importation of persons held to service of labor for 20 years
- Bicameral congress
- Revenue bills initiated by the House
- Lower house (proportional representation) pop. # to be determined by a census
- 2 senators from each state selected by their state legislators
We the People
• Preamble and Seven Articles
- Legislative Branch
- Executive Branch
- Judicial Branch
- States Powers
- Amendments
- Federal Powers
- Ratification
* Promise of a Bill of Rights- will keep promise (James Madison)
Constitutional Ratification: the Process
- Specially elected State conventions
- Promise of a Bill of Rights
- Accept or reject as is, no amendments
- Indirect democracy
- 9 states must ratify
- Federalists vs. Anti-Federalists
The Anti- Federalists
- Thomas Jefferson, Patrick Henry, Richard H. Lee
- Poorly organized, no money, no time to develop grass roots
- Small property owners
- National gov’t. too strong- fear elite
- “Localists”- govt. must remain close to home
- Republic can only work in a small geographic area
- No guarantee of individual liberties
Federalists
- Alexander Hamilton, James Madison
- Well organized- The Federalists Papers
- Commercial interests
- “cosmopolitans”
- Strong national government- fear anarchy (Shay’s Rebellion), elite control- avoid folly
- Large size is an asset- different groups of people
- Checks and balances will prevent tyranny
Ratification: The Federalist Victory 1788
- Momentum- need to change the Articles of Confederation
- Confidence in G. Washington- 1st executive
- Sept. 1788 Constitution becomes operational
- (12 amendment 1804)
Constitutional Gaps
- No bill of rights
- Not much detail on Judiciary or executive
- Slavery- hiatus of 20 years
- Different interpretations of the constitution
Establishing a government
- The US in 1790
- Filling in the gaps of the constitution
- Hamilton’s plan
- Jefferson’s reaction
- Enacting Federalist program
- Asserting national supremacy
US in 1790
- Population of 4,200,000, doubling every 22 years
- 95% rural
- Children, half of the population, under 16
- Birth in average- 8 children per woman- they were seen as retirement packages
- Northern states slowly abolish slavery
- George Washington- Chief Executive
- Capital- NYC
- National debt- $54 million
- British troops still on American soil
US in 1790 cont.’
- American Indian retaliations of encroachment on their property
- Challenges to the new political system : tyranny of gov’t by elites vs. tyranny of the majority
- Liberty vs. order
- International respect?
- Debt crisis?
- Constitutional gaps?
Filling in the gaps
- Bill of Rights
powers reserved to the states( amendment 10)
Dec. 1791 - Slavery
Constitution refers to them as persons held to service of labor
3/5th clause
Congress cannot prohibit the importation of slaves until 1808
Slavery reenergized
Can a nation exist half slave and half free? - Judiciary
Article III, Section 1
Judiciary Act of 1789: supreme court 6 person court, Federal District courts, courts of appeal, power to review constitutionality of state law - Executive Power
Article II, Section II
George Washington and Martha Washington picture
>slave in a corner
>Martha’s children
>globe- global power
> maps
>Martha looks stern
>George Washington held tea with the ladies very often and loved to dance.
Washington’s Cabinet
- Jefferson (Secretary of State)- Strict construction, Amendment X
- Constitution interpreted quickly
- Alexander Hamilton- Secretary of the treasury- implied powers- loose interpretation- Article I- Section 8
Amendment Ten- Jefferson Strict
If it is not written, it cannot be done
Article I Section 8- Hamilton, implied, looses, or elastic
- Necessary and proper clause
- Loose interpretation
Hamilton’s Plan: The spirit of the Constitution
- Hamilton- economist, financial wizard
- Order- fear of the majority
- Too much liberty will be abused
- Divide power between elite and the masses
- Involve the wealthy in the government
- Manufacturing and commerce over agriculture
- Proposal for national debt- “national blessing”
- Implied powers
- Pay government debt in full and assume states debts, borrow again
- Borrowing from wealthy individuals so that they would have a stake in government
- $75.6 million
Foreign 11.7million
States 21.5 million
Domestic 42.4 million
Excise tax (whiskey)
Import (protective tariff): first nationwide revenue tax, place a tax on imported items
National bank: depository of public funds, manage gov., fiscal transactions, allow for a uniform currency to be circulated, safe place to manage money and control finances
Jefferson’s Reaction
- Agriculture
- Speculators: bonds sold to spectators, half the price, problem with paying debts in full
- States’ rights versus gov’t tyranny
- Supported power reserved to the states: strict interpretation
Why was the debate so fierce?
- Fear of monarchy (Jefferson)
- Fear of “mobarchy” (Hamilton)
- Argument for debate is over the amount of power
Federalists vs. Republicans
Federalists: Adams, Hamilton North Commerce/ manufacturing Many former federalists British model Stronger central government Implied powers
-Republicans: Jefferson, Madison South Agriculture Many former anti- federalists French model Limited central govt Strict construction
Enacting the Federalist Program
- Washington generally backs Hamilton
- Wants to reduce reliance on imported goods from Europe
- Federal debt to be paid in full
- Assumption of state debts
- Capital relocated south to Washington D.C.
- Excise taxes (whiskey) direct tax on Americans
- Import tariffs: import tariff of 1789
- First bank of the US 1791
- 20 yr. charter
- Necessary welfare of the people
Asserting National Supremacy
- Context: weak Articles of Confederation
- Foreign affairs
- The French Revolution (1789-199) turning into a blood bath
- 20,000 French nobility guillotined(Killed)
Hamilton fears the tyranny of the masses. French have gone too far - French Ambassador to the US “Citizen Edmund Genet ) drawing support for French Revolutions- begins to recruit ship captains to join in French expeditions against the British ships in the West Indies, endangers Americas neutrality
- GW writes letters to France about arrest warrants for this man
- Washington’s Neutrality Proclamation April 22 1793
- Hamilton persuades GW to provide silem for Genet if he agrees to stop
- Jay’s Treaty- England (1794-95) Between US and Britain
- British troops to be removed, promised to leave forts
Asserting National Supremacy
- Pinckney’s Treaty- Spain 1795
Spain accepts US claim of the southern boundary @ 31st parallel
US free navigation of the Mississippi river
The right to use New Orleans to deposit goods for up to three - Battle of Fallen Timbers: General Anthony Wayne
Mad Anthony Wayne
Defeat the Indian groups
The Treaty of Greenville (1795)
US gain much of present day Ohio and Indiana
Various amounts were paid to Indians for land
Total was $10,000 - Whiskey Rebellion- 1794
500 armed men go to the house of taxman - GW personally wants army of militia to suppress rebellion
- Before Washington arrived, members dispersed, demonstrates that the new government had the ability to suppress violence (Washington will not suffer this)
- Will not go up for reelection, retires to Mt. Vernon
Washington’s Farewell Address
- Federal Government
- Warns Against Party System- calls them
Distractions - Religion and morality
- Public credit- cherish public credit, us it as sparingly as possible
- Foreign alliances: warns against creating permanent foreign alliances
The triumph of the Jeffersonians
- The Adams Administration
- The election of 1800
- The Marshall court
Electoral College
- Adams 71 F
- Pinkney 59 F
- Jefferson 68 DR
- Burr 30 DR
The Adams Administration Foreign Affairs
John Adams- great diplomat French break democratic relations War? Wants to avoid open warfare Great lawyer Federalists generally supports British Jays Treaty- America is favored Franco British war will affect politics French begin to seize Americas ships after breaking democratic relations Adam tries to send diplomats: Charles Pinckney John Marshall Elridge Gerry DeTally refused official reception to settle peacefully
Jay presented to the court
To king George III and Charlotte
(2) John Jay kissed Queen Charlottes hand
(3) Makes John Jay one of the most hated men in America
Madam De Villette
(X) Jean Hottinguer
(Y) Lucien Hauteval
(Z) Mr. Bellamy
Demand $250,000 and $10 million loan
- Unable to send money, decide to break off relations
XYZ affairs reaches the press, American people very upset
Congress will gather a navy, starts Quasi War (1798- 1800)
Convention of 1800
US 25 vessels in its war fleets
Reduced French attacks
US will capture 80 ships
Adams wanted peaceful ends- discusses at convention of 1800
Universal peace, friendship between US and French
The Adams Administration- Domestic Affairs
Alien and Sedition Acts 1798
Designed to destroy Jefferson’s Democratic party whose votes depends on immigrants
1. Naturalization Act- increase time for citizenship from 5 to 14 years
2. Alien and Alien Enemies Act- deport/ imprison aliens considered a threat to the gov.
3. Sedition Act- illegal to criticize government or a government official
-designed to silence criticism of Republicans
25 prosecuted, 10 convicted and imprisoned
Political tool vs. opposition- laws used as political tool against DR’s
Limited freedom of speech
Tyranny?
Kentucky and Virginia Resolutions 1798- written by Jefferson and Madison opposing Alien and Sedition Acts- states right to declare that law as null and void
-“nullify”- idea of nullification comes from response of Alien and Sedition Acts
Congressional Debate “an assembly of gladiators”
Feb 1798 House of Representatives
Roger Griswold (F)- Connecticut and Matthew Lyon (R)- Vermont
Griswold calls Lyon a coward
Takes it as an insult
Lyon will in turn spit Griswold’s face
Congress fails to get 2/3 impeached for spitting
Lyon publicly canes Griswold with a hickory cane, fire tongs
Griswold later jailed, reelection campaigns from his cell
The Election of 1800
73 Jefferson
73 Burr
65 Adams
64 Pinckney
1 Jay
- Tie, vote passed to House of Representatives in Congress and they will determine who would be president and VP
- Known as peaceful revolution- transfer of power from Federalists to Republicans
- Jefferson takes office
- Duel at Dawn July 11,1804
- Chose pistols, dueling is illegal, code of masculinity
- Burr kills Alexander Hamilton
- Aaron Burr- goes west, age 77, wife 30 years younger, divorces him
The John Marshall Court Marbury v. Madison 1803:
The Judiciary act of 1801 and Adams’ (midnight appointments)
Judicial Act creates judgeships
Last days Adams appoints Federalists as judges, not all of the official sent
William Marbury was supposed to receive a letter and didn’t take up the appointment, case goes up to SC
Law upon Marbury had based his case was unconstitutional
Congress cannot pass laws contrary to Constitution
Asserts the principle of judicial review over an act of Congress
McCulloch vs. Maryland
Maryland challnges the national bank- imposes state bank
Imposed state tax on paper used to print bank notes
Did Congress actually have a right to create a bank?
Could Maryland have a state tax?
Both answers were determined to be yes
SC held Bank of US Constitutional
Art. 1 Sec. 8 “Necessary and Proper” has broad meaning
Gibbons vs. Ogden (1824)
Aaron Ogden- monopoly: because he would be denied to use waterways, case taken to SC. New York
Licensing agreement
Definition of interstate Congress- supremacy of federal law
Jefferson’s Ideology
Jeffersonians Ideology Jefferson the President The drift toward war War of 1812 1. Virtuous republican farmers- future of America 2. Social contract/ natural rights 3. Political parties are evil 4. Religious toleration 5. Strict limited national govt. Amendment 10 The Economy Expansion west Foreign markets: surplus goods overseas Slavery: A wolf by the ears Personal circumstances -opposes slavery Owns 200 slaves Lives extravagant lifestyle Sally Hemmings- fathered a child slave More likely to be TJ’s brother Abolished the International importation of slaves 1/1/1808- just past the 20 years hiatus, but not internal (within the US) Reducing Government Alien and Sedition Acts expire Excise (tax) repealed, wants to support farmers Reduces the military- cut in public spending Federal debt $83 million- 45 million Opposite of Hamilton’s idea Secretary of State- James Madison Secretary of Treasury- Albert Gallatin Jefferson the President Context: Napoleonic Wars Louisiana- Spain forced to give Louisiana back to France Bonaparte needs money, sells Louisiana for $15 million to US- Treaty of Cession, doubles the size of US Necessary and Proper clause used
Jefferson The President Corps of Discovery: Lewis and Clark 1803-
Traveled thousands of miles Husband wife team Sacagawea- had a child Interpreter/guide Shoshone
The Drift Towards War: The Conflict in Europe
British (“Orders in Council”)- blockade
All vessels has to purchase British licenses that would be inspected
French Continental System- only ships that complied with British orders in council were subject to seizure
US trying to stay neutral- now they have to pick a side
Both sides demanding that US not trade with the other
Impressment- British navy compressed men into service of seafaring habits between 18-55
Many left deserted
British were deserted, return was demanded, US refused to release them
Captain serving at Chesapeake
Leopard shot as a warning
Chesapeake prepares
Leopard shoots
Chesapeake captain surrendered
British bombarded Chesapeake and removed the three disseters, return to Harbor in Virginia
citizens upset
Jefferson recalls all US warships and banned British ships from entering US ports, those already in, asked to depart
Emabargo Act of 1807- prohinits any trade with the British and French
was this wise economically? NO, harmful, led to smuggling
Jefferson wanted to create economic hardship for British and French
cause bad economy in US rather- repealed in 1809, a few days before Jefferson’s end of preidency
Thomas Jefferson
theory agriculure political parties(evil) freedom/liberty limited central government strict interpretation of the US Constitution "all men created equal"
Thomas Jefferson
practice
agriculture
strong party
oppression of critics/ ends A lien and Sedition acts
reduces government spending and debt & military
Louisiana purchase, embargo act of 1807
importation of slaves prohibited in 1808
Election of James Madison (1808, 1812)
TJ’s Secretary of state- we start to see a pattern that SOS become president
British assistance to Indians to stop encroachment on tribal ancestral lands
Failure of American embargo
war declared against England June 18, 1812
“a second war for independence”
Britain’s focus- France
Canada- American failed military offensives
Burning of Washington (capital)
War of 1812
Red Stick Creeks- troubled by encroachment of their land
1812 Fort Mims Massacre
Anglo losses heavy
Jackson raises militia force of more than 2000
1814- Battle of Horseshoe Bend
allowed women and children to cross the river safely, then his men wiped out the enemy force
tribe forced to relinquish more than 23 million acres of their land
Jefferson- commissioned in US army
