Unit 4 = A Nation of Law, 1776-89



Unit 4 = A Nation of Law, 1776-89

I. Inventing America

Jefferson’s Declaration of Independence wiped the slate clean providing America’s leaders with tremendous opportunities to experience in the creation of the American Republic. Yet, these opportunities were fraught with dangers and uncertainties.

John Adams = “We have been thrown into existence in a period when the greatest philosophers and lawgivers of antiquity wished they would have lived. A period when a coincidence of circumstances…. has afforded the thirteen Colonies …. an opportunity of beginning government anew from the foundation.”

James Madison = “We are in a dark wilderness with no guidance.”

? What is your political ideology?

? What would be the America you would create based on your political ideology?

A. Will America SURVIVE?

* FREEDOM revolutions like the Roundheads in England and the Jacobins in France failed and

difficulties, uncertainties, and dangers existed for America.

* What were those difficulties, uncertainties, and dangers?

B. What was the World Opinion of America’s chance of survival?

* Britain = not make it

* France = not make it

* Spain = not make it

C. Would the “SPIRIT of 1776” last?

* What was that “SPIRIT”? LIFE, LIBERTY, and the PURSUIT the HAPPINESS in a REPUBLIC

* Problems existed:

- struggle between idealism and realism

- threat of a military coup

- threat of a monarchy with a man like George Washington as KING

- threat of Britain, France, and Spain

II. Highways and Wolves

A. What did “PATRIOT WHIGS” immediately set about doing after the Declaration of Independence?

* create new sovereign state governments

B. Although unprecedented, what sentiment was unanimous among the Patriot Whigs among the states?

* no monarchy with KINGS or leader with kinglike power. The Governors of each state were to be greatly limited.

(Jefferson stated,” Shed monarchy like an old suit of clothes.”)

C. Although no nation at time in the world had elected leaders for America to look to for guidance and help, what advantage did America have?

* experience in governing themselves

* vast knowledge of proper forms and nature of government

* homogeneous revolutionary generation where half of the 4 million American population was under the age of 16 in 1790.

D. What were important shared VALUES of “young” America?

1. Believed Constitutions should be succinct, concise, and women documents.

2. Believed Government should be small and close to home.

- Federal Government needed only to fight Britain and to establish consistent weights and measures for commerce (business) in America.

3. Believed Government should foster and allow egalitarian and democracy

- the polity of America was narrow at the time as only white males who owned property could vote. Women, Africans, Indians and white males

without property could not vote.

- however, America was the most radical democratic nation on earth at the time and the abundance of cheap land increased the polity substantially every year.

4. Believed in separation of powers of Government.

- separate Legislative, Judicial, and Executive branches with power mainly vested in the hands of the Legislative Branch (the law makers)

5. Believed the RIGHTS of the people need to be protected from the ABUSIVE power of Government

* Libertarian Civil Liberties*

- freedom to due process

- freedom of habeas corpus

- freedom from cruel punishment

- freedom from quartering

- freedom of speech, press, petition, assembly, and religion

- freedom to bear arms

- freedom to attain and keep property with minimal taxation

6. Believed in requiring legislators (law makers) to DIRECTLY REPRESENT their CONSTITUENTS

* Communication issues with King George III and British Parliament necessitated this.)

- smaller legislative districts

- shorter terms of office

- yearly elections

E. How could the shared VALUES of Americans be summarized?

CONSTRAINT, CONSTRAINT, CONSTRAINT

(CONSTAINT was our founding fathers obsession)

F. What did Patriot Whigs who designed America’s Government recognize about GOVERNMENT?

* That while GOVERNMENT is necessary to protect life, liberty, and property, the people who comprise the GOVERNMENT will inevitably try to accumulate and abuse power unless checked by fundamental law.

* Samuel Adams stated, “Jealousy is the best security of publick liberty?

G. To the designers of America’s GOVERNMENT, was GOVERNMENT artificial or “real”?

* European thought of Locke and Hobbes was that Government was artificial

* American thought of Jefferson and others was that Government was real

What is the difference between artificial and real Government?

H. If you were in America but someone with loyalist (TORY) sentiments, where would you likely go to after leaving America?

* to Canada or to Britain

* this flight of Loyalists leaving America guaranteed a consensus of thought on Government

III. Chaos and Patriots to the Rescue

A. Did America need rescuing from itself and its GOVERNMENT in the 1770’s and 1780’s?

B. What was the first Constitution of America (our 1st form of Government)?

* the ARTICLES of CONFEDERATION

* drafted in 1777 and adopted in 1781

* the 1st and 2nd Continental Congress was much like the Articles of Confederation so in effect the Articles of Confederation operated America’s Government from 1774 to 1789

C. On June 12 ,1776 who was appointed to head the committee on drafting the Articles of

Confederation?

* John DICKINSON “the Pennsylvania Farmer”

* goal was to unite under a Government to fight Britain while leaving most of the power with the states

D. What were the major issues leading to objections to the plan of Dickinson?

* How to handle representation?

* How to handle slavery?

* How to handle western claims?

(postponed this issue until the ratification vote by the states on the Articles in 1781)

E. What did the Articles of Confederation create?

* a remarkably weak central Government of America

* only 1 branch in the Articles of Confederation = legislative

* no chief executive but state Governors existed

* no central judicial system but state judicial system existed

F. What was the definition of FEDERALISM to the designers (Patriot Whigs) of America’s

Government?

* model # 1 = state, local, national arenas each having specified powers but sovereignty ultimately rests with the states and by implication the power rests with the people

(a decentralized national model like the Articles of Confederation) (called radical)

* model # 2 = state, local, national arenas each having specified powers but sovereignty

ultimately rests with national government

(a centralized national model like the U.S. Constitution) (a moderate system)

* the Articles of Confederation instigated a debate on FEDERALISM

G. What powers did the Federal Government have under the Articles of Confederation?

Powers

* conduct diplomacy * make treaties

* declare war * coin and borrow money

* post office * uniform standard of weights and measures

* Indian policy and treaties * legislate land sales and territory governments

Representation

* each state had ONE VOTE regardless of their POPULATION in Congress (the only branch)

- 7 state majority vote to pass laws

- 9 state majority vote to declare war and ratify treaties

- unanimous vote to amend the Articles of Confederation

H. What powers did the Federal Government not have under the Articles of Confederation?

Powers

* no power to collect taxes

* no power to raise an army

* no power to regulate trade (exports and imports duties and tariffs)

* no power to regulate currency

(STATES could refuse FEDERAL requests for taxes, etc….)

States

* economic and military hand of United States Government tied behind back while states power

summarized in Article # 2 of Articles of Confederation

I. How would you summarize the Articles of Confederation thus far?

The STRENGTHS and the WEAKNESSES

What FEDERALISM model do you prefer and WHY?

IV. the NEW STATE CONSTITUTIONS 5

A. What did the 13 states create as the Articles of Confederation was being drafted?

* their own State Constitutions with state sovereignty over the Federal Legislative Branch

* radicals winning over modernists and radicals were constraining Federal Power and

also constraining their own state power

B. What patterns emerged in the State Governments?

* concise written constitutions

* a bill of rights with freedom of speech, etc……………………

* broad voting rights for white males

* direct representation of people

* separation of power between branches of executive, judicial, legislative

* Constitutional law that is real and not artificial based on merely statute laws

C. How were the State Governors limited?

* cannot introduce laws * can’t begin or end assemblies

* cannot pardon * can’t veto

* cannot control military * set terms with regular elections

D. How were the State Judges limited?

* set terms with regular elections

* recall and impeach for misbehavior * no judicial review

E. How were State Legislators limited?

* lower house more power than upper house to give people more power

* representation proportional to size of district

* set terms and annual elections

* recall and impeach for misbehavior

(Federal Government limited but so were State Governments with State Governments being smaller versions of the Articles of Confederation)

V. GOD and the AMERICANS

A. What states initially founded as religious (havens) colonies?

* Maryland = Catholic, Penn = Quaker, Massachusetts = Protestant (Congregationalist)

B. How did America de-emphasize the clergy and the church?

* By refusing to fund the salaries of clergy (ministers), no tax supported churches

C. What religion dominated America?

* Protestant

D. What did religion evolve into in America?

* A generic Christian faith with elements of many denominations. Many denominations became different to attract new members and to compete with other churches.

E. What did Tocqueville observe about religion in America?

* A spirit of religion and a spirit of freedom were intimately united and common in America.

F. In reference to religion, what was unanimously agreed upon by the designers of America’s

Government?

* America was blessed because of its trust in God. Those not practicing Christianity still expected to act like a “good” Christian. Prayer at public functions expected as was the posting of the 10 Commandments in public buildings.

G. What resulted in America as new Churches/Congregations sprang up?

* Each new church weakened the consensus of what constituted accepted doctrines of Christianity and began to undermine the Christian basis of America. America becoming less a godly nation and more a good nation with disagreements of what goodness meant.

H. What did many Churches start to establish?

* Brown = Baptist * Princeton = Presbyterian

* Yale = Congregation * William & Mary = Anglican

* Georgetown = Jesuit * Dartmouth = religion for Indians

I. What happened too many of the Church established schools over time?

* Became more liberal with much less focus on Christianity

J. What profound shift occurred in America religiously?

* Avoidance of theological issues and a focus on a set of moral assumptions to fit all religions and denominations

K. What problem engulfed America over religion in time?

* Generic Christian concepts to come from which denomination

L. Was the phrase, separation of church and state in American Government?

* No

M. In any case, if an American was not happy with the religion in his/her state where could they go?

* Move west

VI. Beyond the Endless Mountains

A. What occurred in America after the REVOLUTION?

* a migration movement across the Appalachian Mountains

B. What routes were taken west?

* south from Penn. into western N.C and Virginia

* Wilderness Road into Kentucky

* west from SC into Tennessee

* west from the Ohio River

C. What man was largely responsible for opening routes to the West?

* Daniel Boone

D. How did the Articles of Confederation Government view the migration west?

* with interest and concern as it demanded much of their attention

E. What major problems (questions) resulted from the migration west?

* How do settlers acquire the land to settlers? Free or cheap and who gets the money?

* Who controls the land? States with claims or the Federal Government?

F. How were the problems (questions) resolved?

* States with land claims in the west ceded over land to United States Government

* Articles of Confederation officially ratified after land ceded by States in 1781

G. What would happen to the new lands out west?

* Would they become like colonies subservient to the Federal Government or would they

be given status as Independent States like the other States?

* Jefferson’s proposed LAND ORDINANCE of 1784 with 16 new States being

created from land all entering on equal footing to other States.

* Jefferson wanted no slavery in any new state but failed

* Jefferson did eventually get the following:

- grid system to disperse land

- cheap or free land going to actual settlers not the Federal Government

- recognition of squatters claims and rights

- land titles given to settlers

H. What happened when Jefferson resigned from Congress in 1785?

* members of Congress (NATIONALISTS) revised his land proposal of 1784

* they looked to new lands as a way to make raise revenue for the Government

* LAND ORDINANCE of 1785 created 36 square 640 acre sections with a school in the middle sold for $2.00 an acre. Mainly the wealthy were the ones able to afford the land but squatter provisions allowed many settlers to acquire land with a legal title before the government surveyed it.

I. How did Congress handle the Indians?

* Indian Policy of 1786

- Federal Government has power not the States when dealing with the Indians

- RIGHT of SOIL given to Indians (America acknowledge the Indians owned the land) so that written contracts are necessary to prevent claims against the US Government in future generations. Indian land removed by US only through military conquest or by land sales with unimpeachable title deeds. Indian problem not solved but the policy did formalize a legal basis of land dealings with America and Indians. Also, Indian commissions created to sign treaties.

J. When did Congress return to the problem on how the western land will become new states?

* NORTHWEST ORDINANCE of 1787

- when territory attain a population of 5,000 they can elect a territory government and elect a non-voting member of Congress at the national level.

- when territory attain a population of 60,000 they can draft a state Constitution and apply for Statehood in America with all the rights as the other States. (Ohio, Indiana, Illinois, Michigan, Wisconsin will enter under terms of the NW ORDINCANCE of 1787)

- no one big state will be created but numerous states from the west so that one state will not become a super powerful state.

- no new state north of the Ohio River can have slavery. Southern States start to emphasize States RIGHTS and become committed to the expansion of slavery

- created the basis for the expansion of America (making states not colonies)

- Southwest Ordinance 1789 followed NW Ordinance but slavery not abolished.

(the NW Ordinance ignited the debate on slavery that not be resolved anytime soon)

K. Were the Articles a bankrupt do-nothing body that sat by helplessly as the nation slid into turmoil?

* No, as land sales, Indian dealings, and new state procedures were all a success. Also, our government fairing much better that France, Russia, China, and many others. And, America is still surviving as an independent nation.

VII. TWO STREAMS of LIBERTY

A. What were the two different views on the type of GOVERNMENT America should have?

* Federalists who became Anti-Federalists 1787 = weak national government with state sovereignty

* Nationalists who became Federalists 1787 = strong national government with 3 branches of government (legislature, executive, judicial) checking and balancing one another.

B. Who were important leaders of the Federalists (Nationalists)?

* Robert Morris, Benjamin Franklin, John Adams, Rufas King, Henry Knox, and the leading figure Alexander Hamilton

C. What did the Feds want to accomplish?

* broaden powers of Federal Government to TAX and regulate TRADE

* curtail power of states (make Federal Govt. superior to State Govts.)

* curtail power of people (the “SPIRIT 1776 had become too extreme and there was too much Democracy in America)

* Quotes

Knox = “America must clip the wings of a mad democracy”

J. Adams = “There never was a democracy that did not commit suicide”

Hamilton = “The people, the people is a great beast”

Madison = “Tyranny of the majority”

(none of these men wanted to return to a monarchy or were anti-revolutionary but rather believed in REPUBLICANISM as a compromise between tyranny of a KING and tyranny of the PEOPLE)

D. How did the Feds attack the States?

* criticized the States for expanding suffrage

* criticized the seven States that issued inflated currency (money) and made laws forcing creditors to accept that currency as payment.

* criticized the States for creating debtor laws granting extensions to farmers that likely would have lost their property because they could not pay their mortgage. They saw this as States meddling in the economy in the favor of debtors and as potentially violating the property rights of creditors.

E. How did the Feds attack the Articles of Confederation?

* criticized the Articles for creating unstable leadership by term limits and annual elections

* criticized the Articles for not having a strong executive branch and no permanent judiciary branch which was debilitating commerce (business)

* criticized the Articles for not having a strong ARMY and NAVY to protect trade and national borders

* criticized the Articles for allowing America to be bullied diplomatically by foreign powers like Britain and France

(America in effect having difficulty controlling HALF of its LAND with its small US Army)

- Britain still controlling forts and outposts in the Northwest

- Spain closed the port of New Orleans and trade on the Mississippi River to America

(the proposed Jay-Gardoqui Treaty would have stopped US trade on the Mississippi for 25 years but allowed favorable trade to New England traders where Jay was from. The Anti-Feds furious and treaty was scrapped.

- Indians conflicts up and down the west

- Barbary Pirates in Mediterranean Sea

F. How did the Anti-Feds respond to the Feds criticisms?

* called Feds reactionary seeking to enrich their own merchant (business)class

G. What did Feds try and do in the 1780’s?

* sought to get the Federal Government more power in the NEWBURGH Conspiracy. Congressional Treasurer Robert MORRIS and Alexander HAMILTON conspire to have tax authority given to the Federal Treasury. They arranged for the Continental Army in NY to quit unless they were paid more money to prove the US Government needs more power at the Federal (National) level. G. WASHINGTON convinces troops to stop.

* sought to amend the Articles and create a 5% tariff tax on imports to help fund the Government but to the great frustration of Morris the state of Rhode Island voted it down both times

* sought to solve trading problems between the States in the Alexandria Conference and the Annapolis Conference. 5 States around the Chesapeake gathered in Sept. 1786 to discuss shared common problems of inter state trade and taxes. States were taxing goods into and out of each state which was hurting and complicating the economy. The Feds planted the seed of peaceful counter-revolution against the Articles at Annapolis. A new meeting was called in Philadelphia of all 13 states in spring 1787.

(In seeking change, what was the problem the Feds encountered? Unanimous vote of states to amend

(How did Feds overcome this problem? Special convention , precedent was the Declaration

of Independence convention where it was permissible to convene when dealing with fundamental law)

H. What event greatly encouraged American leaders to attend the Philadelphia Convention?

* SHAY’S REBELLION of 1786 was a catalyst to bring change to the Articles

* Shay’s Rebellion was a tax revolt in Springfield, Massachusetts. The state of Mass. did not allow debtor laws like other states and former Continental Army Captain Daniel Shay organized approx. 1200 farmers to resist foreclosures on their properties and they forced the courts to close down. General Lincoln of the Continental Army attacked the Shayites killing 4 while the rest dispersed and eventually 14 of them were captured and sentenced to death but the Governor of Mass. pardoned them. Mob rule ( MOBOCRACY)

I. How did the Feds use SHAY’s Rebellion?

* used it to convince others of what will happen to America if the people rule America and they used it to show the need for a REPUBLIC with a strong central Government that gave people power while at the same time limiting their power. No Mobocracy.

J. What was the agenda of the Feds at the Philadelphia Convention?

* without explicitly stating their intentions there agenda was:

- replace Articles with a new government

- make Federal Government sovereign with more power than the States

- create a balanced 3 branches of Federal Government (exec, jud, leg)

- end equal representation of the states and create balanced representation

- keep the deliberations of the meeting in strict secrecy

* the American Revolution had reached its second phase

VIII. A REPUBLIC, IF YOU CAN KEEP IT

A. How many delegates were sent to Philly?

* 55 for 17 weeks of deliberation

B. What was the political ideology of most of the delegates?

* Nationals

C. What type of men were the 55 delegates?

* Achievers

D. What type of differences existed among them that must be overcome?

* Fed v. Anti-Fed (view of America, of people and of states)

* slaveholding v. free soil

* farmers v. merchants

* proportional v. equal representation

E. What were the two rival plans of Government put forth at the Philly Conventions/

* VIRGINIA Plan (called the big state plan of the FEDS)

Supporters like James Madison, Washington, Edmund Randolph called for 3 branches of Government (exec, jud, leg) with a bicameral Congress that could veto state laws. A upper house with equal state representation and a lower house according to population.

* NEW JERSEY Plan (called the small state plan of the ANTI-FEDS)

Supporters like Jefferson, and W. Patterson called for 3 branches of Government (exec, jud, leg) but all sovereignty resting with the states. A unicameral Congress with equal representation. Plan much like the Articles of Confederation.

F. How were the rival plans settled?

* GREAT COMPROMISE

* the Great (Connecticut) Compromise providing for a bicameral Congress. Upper House the Senate with each state receiving equal representation (2 Senators each serving for 6 year terms) and a Lower House according to a States population (2 year terms). * Issue of sovereignty of states or federal government to be addressed clearly soon

G. Why were Southern States concerned?

* Northwest Ordinance hurt chances of South to keep slavery growing eventually being outnumbered by free soil anti-slavery states in the Senate and the House.

* fewer immigrants to the South hurt chances to keep slavery growing

* slaves not counting as people hurt chances to keep slavery growing

(solution for South created by James Wilson = 3/5’s Compromise)

(South had to later agree to the Slave Trade Compromise which would end the international slave trade into America, domestic slave trade still permissible)

H. How many times had America had the chance to end slavery in America?

* 1619 when 1st arrive in Jamestown

* Declaration of Independence

* Philly Constitutional Convention

I. How did many delegates view slavery?

* many viewed it as something that would eventually die out

* others viewed it as something that must end now

(Gov. Morris asked if we allow the South to count its slaves then won’t we in all probability allow the South to count their cows next for representation)

J. How would the US Constitution protect slavery although explicitly not discussing slavery?

* Article IV = all states must abide by the decisions of other states and their laws

to encourage free travel and commerce (business) among them. States required to give full faith and credit to laws and judicial decisions of other states.

* controversial example = fugitives from justice were to be returned and this meant escaped slaves in the North must be returned to the South (Fugitive Slave Law)

K. Why was slavery tolerated in the Constitution?

* thinking likely was that if the slavery issue was pressed their likely would not have been a Revolution or an American Nation

* some argued, “doing less than what we know is right is wrong not matter what the cost”

L. Under the US Constitution, what type of Government did we have?

* Benjamin Franklin = “A republic if we can keep it”

* Compromise and Constraint the key elements

X. FEDERALISM REDEFINED

A. How did Federalism change?

* from State Governments being sovereign to Federal being sovereign

* Articles VI in Constitution where the laws of Congress are the________ law of the land

B. What enumerated (listed) powers of Federal Government under the Constitution?

* authority to tax internally and externally

* regulate foreign and interstate trade

* enforce contracts and property rights

* raise arms (weapons) in peace and in war

* make all laws necessary and proper to carry out those specific powers

(this NECESSARY and PROPER CLAUSE also known as the elastic clause)

(IMPLIED POWERS ……………………………………………………………………)

C. What were the far reaching consequences of these changes for states?

* States subordinate to the Federal Government

* States no longer can levy tariffs and custom duties, coin or print money, create debtors

laws, and many other limitations

D. What Article created the Executive Branch of the Federal Government?

* Article # II (enforce the laws)

* President elected for a 4 year term and can be ongoing terms

* President as Commander and Chief

* President can VETO laws of Congress

* President establishes foreign policy

* President elected by the electoral college to shield against a large democracy.

(What was the ELECTORAL COLLEGE?)

- each state receives the same number of electors as its total House of

Representatives and Senators. For example, South Carolina has 2 Senators and

6 House Representatives for a total of 8 electors.

- State Legislators choose from among themselves the electors for their state.

- the electors from each state then choose two people for President

- the person with the greatest number of votes becomes President and the person

with the second most votes becomes Vice President.

- the number needed to win is one over half the total of electoral votes possible

- in case of tie the House of Representatives chooses the President

(What were criticisms of the Electoral College then and now?)

- THEN = the electors not the people choose the President

- NOW = in today’s Electoral College the people do vote directly for the

President in a Popular Vote. However, the Presidential candidate who gets the

most popular votes in a particular State gets all the electors in that State.Thus, a

candidate can lose the election even though he/she received more of the

Popular Vote because they lost the Electoral Vote. This has happened in two

maybe three elections in US History. In 1876 Hayes beat Tilden even though

Tilden had more popular votes and in 1888 Harrison beat Cleveland even

though Cleveland had more popular votes. In the 2000 election between Gore

and Bush who knows what happened?

E. What Article created the Judicial Branch?

* Article # III (interpret the laws)

* Judges serve for lifetime and evaluated on good behavior and can be impeached

* Jurisdiction over all federal and interstate legislation

* District Courts to Circuit Courts to Supreme Court

* no judicial review as yet where Judges have the authority to rule on the

Constitutionality of laws made by Congress and by States. Judicial Review would give

the Judiciary Branch the final say on what is Constitutional or not (void)

F. What Article created the Legislative Branch?

* Article # 1 (make the laws)

* make laws NECESSARY and PROPER to enforce the Constitution (elastic, implied)

* House of Reps elected for two years ongoing (lower house)

(tax and revenue measures emanate or come from the House, and can vote to

impeach a President)

* Senate elected for six years on going (upper house)

(vote on bills passed by the House and approve Presidential appointments, can

override a President’s veto with a 2/3 majority, and can vote to remove a

President after vote to impeach by House)

* both House and Senate must declare war

(Was the US Constitution more Federalist or more Anti-Federalist?)

G. How was the US Constitution ratified (approved)?

* 9 of 13 states needed (2/3’s)

* the 55 Philadelphia delegates do not submit the US Constitution to the Articles of

Confederation as they legally should but instead have each state call a

Special ratifying convention to ratify (approve) the US Constitution.

H. What Federalists did do to improve their image to help get the States and People to approve the Constitution?

* officially change name from Nationalist to Federalists

* name changes and meanings

* 1776-1787 it was Federalists v. Nationalists

* 1787-1793 it was Anti-Federalists v. Federalists

* 1793-1815 it was Jeffersonian Republicans v. Federalists

(Democractic Republicans)

XI. The RATIFICATION DEBATE

A. What were the strategies of the Federalists to get the Constitution approved?

* Circumvent the established process under the Articles of Confederation

- the FEDS suspected they would lose the following:

- a Vote by the Articles of Confederation Congress

- a Vote by the State Legislatures

- a Vote by the People directly

B. How did the FEDS circumvent the established process to get the Constitution approved?

* the FEDS created specially selected government bodies in each state (state conventions) to vote on the Constitution not common state legislators

* the FEDS pragmatic circumvention dovetailed nicely with ideological precedents the Anti- Feds had argued for in the past. The Anti-Feds believed that Constitutional Law was fundamental law and should be approved by specially selected bodies. Nearly all individual State Constitutions were approved (ratified) by special conventions which added to the leverage of the precedent.

* the FEDS used a rhetorical call for the sovereignty of the PEOPLE and portrayed special ratifying conventions at state and national levels as the best means of voicing the direct will of the people (Changed the beginning words of the Constitution to, “ WE the PEOPLE”

* the FEDS used their powers of persuasion and command of the language of politics to build momentum and they moved quickly

C. Were the FEDS all Americans from the wealthy class as planters and businessmen plotting to ensure

their own economic supremacy?

* According to Historian Charles Beard in 1913 in, Economic Interpretation of the Constitution, the Constitution was a class struggle between the rich and the poor and the rich won.

* Beard correct to identify the ANTI-FEDS as subsistence farmers and middle class workingmen but many quite wealthy southern planters and northern businessmen were part of the ANTI- FEDS as well. For example, Patrick Henry, Richard Henry Lee, James Monroe were as wealthy as anyone in the FEDS camp.

D. Are men incapable of acting outside of their own self interest as Beard implies?

* evaluate the life of George Washington and signers of the Declaration

* evaluate the life of Patrick Henry, did he and other ANTI-FEDS benefit greatly from allowing slavery in the Constitution, the very Constitution they opposed?

* Was the Constitution a “class struggle” or was it a genuine debate about important ideas that men took positions on not for what they gained financially but what they saw as TRUTH?

E. How did the ANTI-FEDS attack the FEDS?

* called the FEDS British

* called the FEDS self serving rich pursuing their own interests

* insisted Government be close to home not in one big government

* attacked the Federal Governments power to tax and declare war

* believed the congressmen should be elected annually and that the Senate was undemocratic

* believed the life term of the federal judiciary was aristocratic

* feared the executive would turn into a monarchy

F. What was the ANTI-FEDS most telling criticism of the FEDS and the Constitution?

* the absence of a BILL of RIGHTS

* Jefferson stated while out of the country, (paraphrased) to grant such sweeping powers without simultaneously protecting life, liberty, and property seemed like madness.

G. The ANTI-FEDS stood for many things but what were they for in the debate?

* a revised Articles of Confederation along the lines of the NEW JERSEY but waited too long to agree on amending the Articles and they lost their opportunity

H. How did the FEDS respond to the criticisms of the ANTI-FEDS?

* 85 essays called the FEDERALIST PAPERS by Hamilton, Jay, Madison

* most famous FED being Madison’s # 10 who stressed personal liberties

- he encouraged people to take SIDES as each side will check the other to protect liberties of people

- he feared the tyranny of the majority and believed factions (sides) (parties) prevented one group from dominating all others and infringing on personal liberties

* most ardent FED being Hamilton who stressed national interests

- like Madison he did not trust the people to rule themselves as people are utterly self serving but his focus was that the Articles were dangerous for America

- he sought the alliance of American Government with elites because they needed to be

enlisted in the service of the Government on behalf of the people, a course the people would not take for themselves if left to their own devices. He intended to use the Treasury of America and its financial debt structure to encourage the wealthy to align themselves with interests of America. Poor and middle class could not do this.

- he also called for a powerful military to allow America to thrive

I. Back to Ratification of the Constitution, when was Constitution approved?

* five states ratified within 3 months on first viewing (Del, Penn, Geor, Conn, NJ)

* Mass, NY, NC, NH, Vir slower and when key states NY with the help of Hamilton and Vir with the help of Washington ratified the Constitution it was official despite opposition by NC and RI and the Constitution was the law of the land

XII. the ANTI-FED legacy

A. What weaknesses of ANTI-FEDS?

* lack economic resources, organizational skill, political vision, media coverage, and ironically their focus on local strategy not national strategy

B. After the Constitution was ratified, what became the ANTI-FED strategy?

* strict construction = narrow view of Constitution

C. What did ANTI-FEDS demand after the Constitution was ratified?

* BILL of RIGHTS

* James Madison appointed to head the committee

D. What were the Bill of Rights?

**guaranteed rights, liberties, and freedoms**

** perhaps a better definition would be a Bill of LIMITATIONS of GOVERNMENT**

1 freedom of speech, press, petition, assembly, religion

2 right to bear arms

3 no quartering

4-8 due process, speedy trials, habeas corpus, no self incrimination, search warrant, no cruel punishment, property rights

9-10 the States and the People retain all rights not mentioned in the Constitution

Two Streams of Liberty flowed from 1776

- FEDS = create separation of powers and checks and balances and staggered terms of office to protect

from centralized military, economic, political, religious authority

- ANTI-FEDS = create a Bill of Rights to protect states, localities, and individuals from centralized military, economic, political, religious authority

- liberty also flowed from the following:

- an American Christianity that emphasized duty and civic morality, and questioning of temporal authority, and economic success

- an enlightenment can do doctrines tempered by realization that men are fallible, leading to an emphasis on competition, political parties, and the marketplace of ideas

- liberty at any moment fail and that it didn’t in America was miraculous

(women’s role to be the moral conscience of America)

Study Questions Chapter 4

1. What Revolutionary movements in England and in France failed? 88

2. What were the concerns of John Adams and what reality did his concerns ignore? 89

3. What groups of people did American Revolutionaries not envision citizenship for? 90

4. The difficulty in communicating with British Kings and Parliament led Americans to require legislators

to do what? 91

5. Where did many pro monarchy loyalists move to and why? 92

6. What issue was postponed until after the ratification of the Articles of Confederation? 93

7. Define the federalist model of the Whigs before and after the Constitutional Convention in 1787? 94

8. Compare Aristotle’s view of government to that of Hobbes’s and who of the two did America prefer? 95

9. What could State Governors not do in their States? 96

10. What was the difference between the American Revolution and the French Revolution? 97

11. How did the emphasis of Harvard change? 99

12. What was the significance of Daniel Boone? 100-101

13. What did the American pre-emption process allow? 103

14. Why were the Indians given recognition for right of soil? 104

15. What did Henry Knox, John Adams, and Alexander Hamilton all conclude about democracy? 106

16. What was the proposed Jay-Gardoqui Treaty? 107

17. What was the significance of Daniel Shay? 109-110

18. What were the aims of the Nationalists in the meeting in Philadelphia? 110

19. How could the 55 delegates to the Philly Convention be described? 111

20. What was the Virginia Plan? 112

21. What was the New Jersey Plan? 112-113

22. What was the Great (Connecticut) Compromise? 113

23. What was the 3/5’s Compromise and what did it perpetuate? 114

24. How did Governor Morris attack the 3/5’s Compromise of Wilson? 115

25. Did the delegates save the Constitution by evading the issue of slavery? 116

26. What was the Electoral College and what did it shield against? 117

27. What did historian Charles Beard say about the Constitution and do you agree with it? 120

28. What was the most telling ANTI-FED criticism of the Constitution? 121

29. Why did Alexander Hamilton get the rich to ally with the new American Government? 123

30. What was the importance of the 10th Amendment of the Bill of Rights? 126

Unit 4 Review

1st and 2nd Continental Congress Constitutional powers of the States

Spirit of 1776 Article I = legislative branch

Political Ideology Article II = executive branch (Electoral College)

Locke, Hobbes, Montesquieu Article III = judicial branch

Patriot Whigs ratification process 9/13 (NY, Vir.)

Loyalists State ratifying conventions to avoid

Washington (King) Federalist Papers (Jay, Hamilton, Madison # 10)

State Governments (limits) Federalist strategy = We the People and ….

Population of US 1790 = under 16 Necessary and Proper Clause (elastic, implied)

Shared values of young America Supremacy Clause

Constraint of founding fathers reserved powers and Amendment 10

Artificial v. Fundamental Law delegated powers of Constitution

Statute law v Constitutional law strict construction v. loose construction

Articles of Confederation (Dickinson) Bill of Rights of Anti-Feds

- problems of ratification women as moral conscience of America

(land, representation, and slavery) Charles Beard’s interpretation of Constitution

- strengths and powers economy of 1780’s

- weaknesses and lack of powers strengths and weaknesses of Feds

Religion in America strengths and weaknesses of Anti-feds

Protestant America and Generic Christianity

Tocqueville

Churches and Schools and liberalism

Federalism model 1781 and then 1787

World Opinion of America

Britain and Spain

Proposed Jay-Gardoqui Treaty

The west (routes and Daniel Boone)

Land Ord 1784 of Jefferson

Land Ord 1785 (squatters rights, defacto pre-emption)

Indian Policy 1786 (right of soil)

Northwest Ord 1787

The Nationalists now Federalists views

Too much democracy

Feds = Hamilton, J. Adams, Knox, Morris, Franklin

Newburgh Conspiracy

The Feds now Anti-Feds views

Anti-Feds = Jefferson, S. Adams, P. Henry

Alexandria and Annapolis Conferences

Philadelphia Convention (replace Articles with Constitution)

Shay’s Rebellion 1786

The agenda and character of the 55 delegates

Virginia Plan

New Jersey Plan

Great (Connecticut) Compromise

3/5’s Compromise (no compromise no Constitution??)

Slave Trade Compromise

Article IV and fugitives (fugitive slave law)

A republic

Constitutional powers of the Federal Government

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