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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