The Constitution and the New Republic



The Constitution and the New Republic

By 1780 most Americans were dissatisfied with the Article of Confederation

Move from fear of tyrannical power of centralized government to desire for more uniform and consolidated political authority

Shays’ Rebellion

Need to Fund Soldier’s Pensions (Society of Cincinnati)

Newburgh Conspiracy – Effort by Revolutionary leaders to establish military dictatorship

Manufacturers and tradesmen wanted to replace various state tariffs with uniform national duty

Merchants and suppliers wanted to consolidate and regulate state commercial policies

Western settlers and land speculators wanted to remove Indian threat from frontier

People wanted inflationary policies of states’ printing money to be regulated by national government (lowered value of money owed)

Crisis of National debt (lowered value of securities and property)

Property owners wanted protection from mobs

Issues of Constitutional Centralization

Personal liberties versus the common good

State’s rights vs. National power

Fear of disorder

Public concern for safety and security

Liberty vs. Order

Control and regulation of trade

Taxation policies (need for federal system)

Biggest problem of Articles of Confederation

Constitutional Convention in Philadelphia (Second Continental Congress)

Led by Hamilton, Madison, Washington

September 1787

“Founding Fathers” or “Framers” (55 delegates from all states except R.I.)

Well educated, Represented Property owners

Feared reprisals from Democratic principles (fear from below)

Fear too much consolidation of power in Federal government

Protocol

Washington to preside over hearings

Simple majority required to carry measures

One State, One Vote principal

Closed sessions, secrecy sworn

Proposals

Edmund Randolph – Three separate branches (Executive, Legislative, Judicial)

James Madison (Virginia Plan)

Bicameral Legislature

Lower House - Representation based on population

Upper House – Representation based on election by Lower

William Patterson (New Jersey Plan)

Unicameral Legislature

Representation based on one vote per state

Congress would have powers to tax and regulate commerce

Issue of Slavery

Northern States – Slaves counted for taxation (property) not representation (people)

Southern States – Slaves counted for representation (people) not taxation (property)

Compromise

Connecticut (Great) Compromise

Bicameral Legislature

Upper House based on equal representation (Two votes per state)

Lower House representation based on population

Three-Fifths Compromise

Only 3 out of 5 slaves counted for purposes of representation and taxation (Based on idea that slave was only 3/5 as productive as White worker)

Slave Trade and Commerce Compromise

Southern states fear regulation of slave trade may lead to abolition

and higher duties on exports

Committee aggress to limit powers of Congress

Can not impose taxes on exports

Can only impose a $10 duty on importation of slaves

Can not stop slave trade for a period of 20 years

Constitution of 1787 (September)

Blueprint of government-outline of branches and powers

No definition of citizenship, no guarantee of individual rights

James Madison – architect of Constitution

Question of Sovereignty

All power derived from the people “We the People..”

Outline of Federal and States powers (Federalism)

Supremacy Clause – Federal government supreme

“Checks and Balances” to prevent concentration of power

Separation of Powers (Three autonomous branches)

Republican form of government

“Fear from Below” only House of reps directly elected by the people

Challenges to Constitution and Ratification

Constitutional Convention called to revise Articles not change government

Fear that State Conventions might not approve

Change ratification from 13 to 9 states needed (Art of Con)

Rhode Island refuses to assemble Constitutional Convention

Federalists versus Anti-federalists

Federalists (Washington, Franklin, Madison, Hamilton, Jay)

Support Constitution – New Federalist Government

Feared unchecked power of the masses, disorder, anarchy

Better Organized

Federalist Papers (Madison #10)

Anti-federalists (Jefferson)

Rejected Constitution- favored Articles

Defenders of Revolutionary principles

Opposed to strong central government

Individual Liberties ignored (Bill of Rights)

Fear Increased Taxes and greater federal control

Fed Gov. favored the elite did not represent common man

Republic vs. Democracy

Feared despotism at hands of government -Fear from above

Ratification Process

By 1788 New Hampshire became 9th state to ratify

Virginia and New York still divided (Two largest states)

Virginia and New York ratify with condition of Bill of Rights (1789)

Government under the New Constitution

Washington elected President / J. Adams Vice President

Most delegates were Federalists

First Capital – New York City

First Congress

Draft Bill of Rights (10 Amendments to Constitution Sept 1789)

Ratified in 1791

Bill of Rights

First 9 Amends Protected basic rights (Freedom of speech, trial by jury)

Tenth Amendment reserved to states all powers not delegated to Fed Gov

Judiciary Act of 1789

Established National Court System

Supreme Court (6 members including Chief Justice)

Oversees cases regarding Constitution law

District Courts (13, one in each state)

Courts of Appeals (3)

Cabinet

Presidential Advisors

Departments of War (Knox), Treasury (Hamilton), State(Jefferson)

Attorney General (Randolph), Postmaster General (Franklin)

Continuing Controversies

Same issues faced by Framers

Strong Central Government vs. Weak Central Government (States)

Urban vs. Rural Interests (Commercial vs. Agrarian Economy)

Washington diverted most controversy out of reverence

French Revolution (1789)

Federalists vs. Republicans

Federalists = Hamilton

“Fear from Below” (French Revolution)

Favored Elite Ruling Class

Favored Business Interests (Important allies to government)

Government should assume debts of the states (Rev War)

Create a National debt and create creditors of wealthy (vested interest in government)

Create National Bank-Provide stability, safety for tax collections

Favored Gov sponsored protection of American industry

Import tax on foreign goods

Tax on Whiskey Distillation (Back country farmers not brewers)

Envisioned a new stable government, led by a wealthy enlightened ruling class, with a vigorous and independent commercial economy, a thriving industrial sector, and a nation able to play a prominent role in world affairs

Federalist Plan Enacted

Assumption of Debts (Most held by wealthy speculators)

Some state’s debts higher (Mass 10x Virginia)

Capital Compromise – Southern Capital (Washington DC)

Bank of the United States (20 year Charter)

Tariffs on Imports and Whiskey

Delight of Merchants, Manufacturers, Creditors, Businesses

Excise taxes (to pay off debt) Whiskey taxes, Import taxes hurt poor farmers (Majority of population)

Republicans=Jefferson and Madison

Reaction to Hamilton’s Plan (Party of the Wealthy)

“Fear from Above”

Consolidation of power in the hands of wealthy and affluent

Contracts and concessions rewarded to Hamilton allies

Creation of local associations to control and consolidate power

Fight to defend the common man from consolidation of power

Agrarian over Commercial interests (Jefferson’s yeoman farmers)

Property ownership the key to order

Industry led to growth of proletariat (urban, landless mobs)

Envisioned decentralized society dominated by small landed gentry

Establishing National Sovereignty and Control

Dealing with the problems created by the Articles of Confederation

Issues on the Frontier

Eastern vs. Western Interests

Rural vs. Urban, Poor vs. Wealthy, Agrarian vs. Commercial

Lack of Infrastructure (No means of policing)

Whiskey Rebellion (1794)

Reaction in West Pennsylvania to Whiskey Tax

Terrorist reaction to Tax Collection efforts

Shays Rebellion

Washington led national army to quell uprising

Expansion

Vermont (14th State 1791)

Kentucky (1792)

Tennessee (1796)

Issue of Balance – Western representation vs. Eastern

Native Americans

Nation within a nation

No power of Federal Government in Constitution (Not Foreign Nation)

Treaties tenuous at best (Short Term solutions)

American Neutrality in International Affairs

French Revolution

Citizen Genet Affair

War between France and England

British Impressments /Confiscation of American ships (Trade with French)

Governor of Canada inciting tribes on Western Frontier to attack Americans

Jays Treaty (1794)

Establish American sovereignty in Northwest

Commercial Treaty

Spanish Commercial and territorial aspirations (Florida, Mississippi)

Pinckney’s Treaty (1795)

Established American rights of navigation on Mississippi

Set Florida border at 31st parallel

Restricted Indian raids from Spanish territory

Downfall of the Federalists

Federalists choose stability over individual freedom

People refused to vote for them after 1796

Election of 1796

Washington Resigns Office (Two term precedent)

Farewell Address

Opposition to foreign entanglements

Opposition to Republican challenge

Opposition to partisan politics

John Adams – Federalist candidate

Thomas Jefferson – Republican candidate

Divisions among Federalists (Hamilton faction, Southerners)

Adams wins Presidency, Jefferson takes second

Until 12th Amendment (1804) second runner up VP

Adams Presidency

Divisions – Jefferson and Adams

Adams and Hamilton

Adams and himself

Quasi War with France

Impressments / Capturing of American vessels

XYZ Affair

American delegation sent to negotiate with France

Want to meet with Talleyrand (French Foreign Minister)

Requested that Americans bribe 3 French agents

Delegation recalled

US cuts off trade with France

Department of Navy formed 9warships constructed)

Captured 85 French ships

Allied with the British

Napoleon negotiates treaty in 1800

Alien and Sedition Acts

Attempt to silence Republican opposition

Fear of immigration of French Republicans

Alien Act allowed Adams to restrict immigration / deport foreigners

Sedition Act allowed Adams to stifle criticism of administration

Broad definition of libelous and treacherous

Ten Republican newspaper editors found guilty

Virginia and Kentucky Resolutions

Written by Jefferson and Madison based on Social Contract (Locke)

Constitution written as a contract between states and federal gov.

States have the right to nullify inappropriate actions

Government for the People, By the People

Nullified Sedition Act

Bitter Divisions

Congress – Lyons (Rep Vt.) and Griswold (Fed Ma.)

Cabinet –Jefferson vs. Adams

Party- Hamilton vs. Adams

“Revolution of 1800”

First Major Modern Political Race

Federalists – Adams

Republicans –Jefferson

Political Advertising / Attacks

Jefferson represented Mob rule, French Revolution, Anarchy

Adams represented Tyranny, British Monarchy, Anti-Rights

Mud slinging-Jefferson’s Affair with Slave woman

Aaron Burr Affair

Burr organized Tammany Society (Republican NYC)

Carried Republican vote in city and state

Burr and Jefferson tie (73 votes)

Federalist Congress (led by Hamilton chooses Jefferson over Burr)

Hamilton swayed vote

Burr resents Hamilton –later challenged to a duel

Jefferson and Republicans win Presidency and Majority of seats in Congress

“Revolution of 1800” shift from Federalist ideals to Republican

Judicial Branch only one dominated by Federalists

Adams administration spends last days “packing federal courts”

Judiciary Act of 1801

Expands number of federal judgeships

“Midnight Appointments” to fill before Republicans take office

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