The US Constitution



Topic 1North and South C.184550292028892500SubtopicsContentLearntRetrievedAssessed1.1 The American RepublicThe US constitutionFederal government/its relationships with the statesThe role of the presidentThe Supreme Court 1.2 The Northern and Southern StatesSocial characteristicsEconomic characteristicsPolitical characteristics 1.3 Legacy of the PastMissouri Compromise (1820)Nullification Crisis (1828-1833)Southern fears of modernisationThe Moving frontier1.1 The American RepublicThe US ConstitutionThe?CONSTITUTION of the United States?is the?supreme law?of the?United States of America.It was written in 1787 by the ‘Founding Fathers’ following the American War of IndependenceIt was written at a constitutional convention in PhiladelphiaIt was originally made up of 7 Articles:Article 1 concerns the Legislative (Congress)Article 2 concerns the Executive (President)Article 3 concerns the Judicial (Supreme Court)Articles 4-6 concerns the federal government and its relationship with the states.Article 7 concerns the procedure used by the thirteen?States?to?ratify?the Constitution.Beyond the Articles of the Constitution, there are AMENDMENTS (additions to it)There have only been 27 Amendments to the US Constitution The first 10 Amendments are known as the BILL OF RIGHTSSome of the Amendments we will study (namely the 13th, 14th and 15th Amendments)What does the US Constitution say about Slavery?In 1787 slavery was widespread in the states. At least 1/3 of the Convention’s delegates owned slaves, including all the delegates from Virginia and South Carolina. Slaves comprised approximately one-fifth of the US population; and apart from northern most New England (where slavery had largely been eliminated), slaves lived throughout all regions of the country. Most of the slaves (more than 90%), lived in the South. The entire agrarian economy of the South was based on slave labour, and the Southern delegates at the Convention were unwilling to accept any proposals that they believed would threaten the institution of slavery. Below is what was said about slavery in the Constitution:Three Fifths CompromiseThe THREE-FIFTHS COMPROMISE?was an agreement between Southern and Northern states reached during the Constitutional Convention of 1787 in Philadelphia. Under this compromise, only three-fifths of the slave population was counted for the purpose of taxation and representation in the House of Representatives. Counting slaves as part of the population rather than as property would give the Southern states more political power.Fugitive Slave ActThe?FUGITIVE SLAVE ACT is Article 4, Section, Clause 3 of the US Constitution. It guaranteed a right for a slaveholder to recover an escaped slave. “No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due.”Absence Arguably the biggest issue with the US Constitution, was that it failed to offer guidance on many issues, including the future of slavery. This became apparent as America sought to expand into the west. In terms of topic 1, issues in the Constitution become apparent during the MISSOURI COMPROMISE and NULLIFICATION CRISIS.The federal government and its relationships with the statesWhat is Federalism?America has a system of government called FEDERALISM. Federalism is where you have one country made up of individuals states. In this case, you have the United States of America, which is a single country, but made up of different states (e.g. New York, Texas, California).The Federal GovernmentIn a federalist system of government, there is a FEDERAL government which makes national laws which all states must follow.The US Constitution detailed how the Federal Government would be organised.The Federal government has three branches (LEGISLATIVE, EXECUTIVE, JUDICIAL)The Constitution took measures to ensure that none of these three branches could get too much power. These measures are called CHECKS AND BALANCES.31242001181100038100011811000State GovernmentsAs well as there being a national, federal government, each State in America has its own STATE GOVERNMENT. These governments make laws that are only followed by their state.The State Governments are set up very similar to the Federal government, in that each state government has a Legislative branch (State Congress), an Executive (State Governor) and a Judicial branch (State Supreme Court).Every U.S. State has the same set up for their state government.Political Parties C.1845By the c.1845, President Andrew Jackson (1829-1837) had catalysed the SECOND PARTY SYSTEM (a period of History where the Democrats and Whigs were the two main parties). He catalysed this political change because his supporters called themselves DEMOCRATS, and his opponents called themselves WHIGS.DemocratsWhigsMost issues should be decided at a state levelFavoured federal government interventionSupport lower tariffsSupport higher tariffs Opposed government intervention in the economySupport government-sponsored internal improvements (e.g. railway building)USA would prosper if it expanded westwardsBest form of government is the least form of governmentThis party was strongest in the South and WestIt could also count on support from Northern cities, including Irish immigrantsREMEMBER: Whilst both parties operated nationally (i.e. existed in the North and the South), they were not internally united like political parties today!The role of the PresidentThe?PRESIDENT of the United States?(POTUS)?is the?head of state?and?head of government?of the?United States of America. The president directs the?executive branch?of the?federal government.Roles and Responsibilities:Commander-in-Chief of the Armed ForcesThe execution and enforcement of federal lawAppointing federal executive, diplomatic, regulatory and judicial officersConcluding treaties with foreign powers (with the?advice and consent?of the?Senate) Grant federal?pardonsTo convene/adjourn either or both houses of?Congress?under extraordinary circumstances.?How is a President Elected?4476751651000Presidents we need to know about for this course:James Polk(1845-1848)Zachary Taylor(1848-1850)Millard Fillmore(1850-1852)Franklin Pierce(1852-1856)James Buchanan(1856-1860)44456032500450856032500571506032600406406985000241309842600Abraham Lincoln(1860-1865)Andrew Johnson(1865-1868)Ulysses Grant(1868-1877)393704191000664774191000342904191000The Supreme CourtThe?SUPREME COURT of the United States?is the?highest court?in the?federal judiciary?of the?United States. Article III of the Constitution established the Supreme Court. Although the Constitution establishes the Supreme Court, it permits Congress to decide how it should be organised.Supreme Court JusticesOver the years, various Acts of Congress have altered the number of seats on the Court.Shortly after the American Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the Supreme Court. Justices are appointed by the President and are confirmed by the Senate. Supreme Court Justices typically hold office for life.The Supreme Court’s JurisdictionArticle III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (can hear a case that is an appeal) on almost any other case that involves constitutional and/or federal law. 4222751720850 < Had some space, so here is me chilling at the Supreme Court!!857253105151.1 The Big PictureOne of the biggest issues with the American Constitution in this period is not what is does say, but what it does NOT say about:The exact divide between federal and state powersThe future of slaveryWhat should happen to slavery if America takes over new territoriesAmerica’s political system is stable c.1845State governments are set out the same in all states (north and south)The states had a shared belief in the Constitution and the Federal governmentPolitical parties strove to be national parties, especially during Presidential elections001.1 The Big PictureOne of the biggest issues with the American Constitution in this period is not what is does say, but what it does NOT say about:The exact divide between federal and state powersThe future of slaveryWhat should happen to slavery if America takes over new territoriesAmerica’s political system is stable c.1845State governments are set out the same in all states (north and south)The states had a shared belief in the Constitution and the Federal governmentPolitical parties strove to be national parties, especially during Presidential elections1.2 The Northern and Southern StatesSocial Characteristics Slavery in the United States c.18453048001117600223520831850022479096012000In 1776 slavery existed in all the thirteen colonies. However, it was of major importance in the South, because the northern climate was not suited to plantation agriculture (sugar, rice, tobacco and cotton).22429315159900In the final decades of the eighteenth century some protestants, especially Quakers condemned slavery as a moral evil. Others thought it was inconsistent with enlightened ideas that stressed liberty, equality and free enterprise. Northern states abolished slavery (some immediately and some gradually).In 1787 Congress passed an ordinance (order) that kept slavery out of the North West Territory (called the Northwest Ordinance).22479013442600In 1808 the USA banned the slave trade with Africa.22415511399600King Cotton ensured that slavery survived and throve in the United States. Eli Whitney’s invention of the Cotton Gin (1793) revolutionised southern agriculture. In 1790 the South produced 9000 bales of cotton. In the 1830s the South was producing 2,000,000 bales of cotton per year.Northern views on slavery Southern views on SlaveryAbolitionistsModeratesPro-SlaveryPlantersPoor WhitesAreas w/little slaveryConsidered to have extreme view pointsThey were a minority of people in northern societyAbolitionist were splintered into two groups, (Immediate and Gradual abolitionists) Moderate northerners disliked slaveryHowever, they did not think anything could be done to stop it; it had nothing to do with themPro-slavery northerners usually profited from slavery economically They, therefore, feared emancipationThey also felt slavery had nothing to do with themStates such as New York were more pro-slaveryThey livelihood depended on slavery, and therefore they supported slaveryThey had the most to fear from emancipation, If slaves were to be emancipated, ex-slaves would seek the jobs normally carried out by poor white southerners.Resented the power of the planter classYou needed to own land to work in the government, which meant the planter class were dominant in government.Abolitionism c.1845As noted, ABOLITIONISTS were a minority c.1845. Most abolitionist supported gradual emancipation, with financial compensation for slave owners. They also believed that slaves should be encouraged to return to Africa.Purchase of Liberia (1822)In 1822 the USA purchased Liberia as a base for returning ex-slaves. However, this policy had little success; only 10,000 African Americans had gone to America by 1860 (in the same period the US slave population increased by 2 million!!). There were not enough funds and most ex-slaves had no wish to move to Liberia!!The LiberatorIn the early 1830s WILLIAM LLOYD GARRISON launched an abolitionist Journal; The Liberator. Garrison demanded that slaves be emancipated immediately. He remained a leading abolitionist in the following decades.National Anti-Slavery SocietyIn 1833 a military National Anti-Slavery Society was established. This organisation grew to 250,000 in 1838. Most of its leaders were educated and wealthy. Women and African Americans such as FREDERICK DOUGLASS played an important role in this society. They printed literature and sent petitions to Congress (in 1836 a ‘gag’ rule was introduced in Congress which stopped abolitionist petitions from being discussed).The Liberty PartyFailing to win the support of either Whig or Democrat parties, abolitionists set up their own LIBERTY PARTY. In 1840 their Presidential candidate won only 7000 votes. Not all abolitionist supported the Liberty Party’s creation. Many preferred to work through existing parties.REMEMBER: Abolitionist success should not be exaggerated. The movement had limited appeal in the North. Many northerners feared an exodus (mass movement) of slaves to the North. In 1837 Elijah Lovejoy became the first abolitionist martyr when she was murdered by a mob in Illinois.Economic Characteristics Key Statistics:The North was modern, industrial, egalitarianThe South was backward, agrarian, planter-dominateda) The North was more industrialThe North had 2x the railway track of the SouthIn 1860: 40% of the labour force worked in agriculture (81% in the South)b) The North was more urbanised10% of the population lived in towns in 182026% of the population lived in towns in 1850c) The North had more immigration1830-60: 5 million migrants settled in the North In 1860: 1/6 northerners were immigrants.a) The South was more agricultural In 1860: 81% of the labour force worked in agriculture b) The South was less urbanisedIn 1850: 10% of Southerners lived in townsc) Southern honourWyatt Brown claims that southerners are more concerned about their personal, family and sectional honour (sensitive to personal insult)CounterargumentCounterargumenta) The North still had agricultureThe North West was overwhelmingly ruralOnly 4 northern manufacturing industries employed over 50,000 people1800: 68% of the labour force was in agriculture1860: Still 40% of labour force was in agricultureb) The North was not entirely urbanised1820: 10% lived in towns (2500+ people)1850: Risen to 26%, still a minority thougha) The South had IndustryTredegar Ironworks in Richmond, Virginia ranked 4th amongst the nation’s producers of Iron (1840)b) The South had some urbanisation1820: 5% lived in a town (2500+ people)By 1850 this had risen to 10%c) Agricultural does not make the South poorCotton sales made up half of America’s total exportsTrade in cotton ensured white southern society was prosperous and enterprisingThe impact of the Cotton Gin:299275584994More cotton could be made (9000 -- 2 million bales per year)00More cotton could be made (9000 -- 2 million bales per year)9652049761002984500116109Increased demand for cotton, especially from Britain00Increased demand for cotton, especially from Britain2984500123094This increase in demand made cotton more profitable = more of the South grew cotton (Cotton Belt)00This increase in demand made cotton more profitable = more of the South grew cotton (Cotton Belt)2990850144780The increased the number of farmers needing more slaves (slave trade with Africa re-opens until 1808)00The increased the number of farmers needing more slaves (slave trade with Africa re-opens until 1808)REMEMBER: The big picture here is that there were many norths and many souths. It is too sweeping to generalise the North as modern and industrial, and the South as backwards and agricultural.Political Characteristics Political SimilaritiesPolitical DifferencesThe North and South shared many political characteristics, with all state governments based on the Federal design (Governor, State Congress and State Supreme Court)There was some variation in terms of the FRANCHISE (who could vote) between states, but all were male only, and most restricted the franchise based on wealth or property.? The Whig and Democrat parties both tried to appeal to Northern and Southern voters.? The Whigs were seen as the party of business and stronger Federal government, the Democrats as the party of the ‘ordinary man’ and smaller government.In the South the planter class dominated politics whilst in the North it was more dominated by the leaders of commerce, industry and the professional class.? There were some practices that were more notable in New England especially the use of town hall meetings to discuss local issues.There was certainly more support for ‘states rights’ in the SouthThere was a difference in views between the North and South on economic issues, namely tariffs (see Nullification Crisis)02832101.2 The Big PictureSocially, whilst abolitionist existed, its importance c.1845 should not be exaggerated. Numerically they were a minority in northern societyThey were as a group, divided into gradual and immediate abolitionistsWhilst active c.1845, their actions did not have a significant impact Economically, whilst the North is more industrial, and the South more agricultural, it is vital not to generalise the northern and southern economiesThe North had agriculture, particularly in the North WestThe South had industry, with factories such as Tredegar ironworks In a nutshell, there are many norths, and many souths!Politically, there were some difference in views (e.g. states rights and economic policy), but America was politically stable, with the state government all modelled on the federal system, and political parties seeking to appeal to both northerners and southerners.001.2 The Big PictureSocially, whilst abolitionist existed, its importance c.1845 should not be exaggerated. Numerically they were a minority in northern societyThey were as a group, divided into gradual and immediate abolitionistsWhilst active c.1845, their actions did not have a significant impact Economically, whilst the North is more industrial, and the South more agricultural, it is vital not to generalise the northern and southern economiesThe North had agriculture, particularly in the North WestThe South had industry, with factories such as Tredegar ironworks In a nutshell, there are many norths, and many souths!Politically, there were some difference in views (e.g. states rights and economic policy), but America was politically stable, with the state government all modelled on the federal system, and political parties seeking to appeal to both northerners and southerners.1.3 Legacy of the PastMissouri Compromise (1820)What caused the Missouri Compromise?LOUISIANA PURCHACE (1803)2571754254500President Thomas Jefferson wanted to expand. He was also concerned about having France as a neighbour (they owned the Louisiana territory – see map)In 1802, Jefferson sent James Monroe to France, to offer $10 million for New Orleans and West Florida. When he got there, the French offered him all of the Louisiana territory.Realising the potential of this, Monroe went beyond his authority and bought the territory for $15 million (less than 3 cents per acre!).Whilst this was almost double the federal governments’ annual expenditure, the Senate approved this treaty, and the Louisiana Territory became part of the USA.Missouri applied for Statehood (1819)2565402603500Missouri (yellow) wanted to become a slave state. This was a problem; there were 11 slave states, and 11 free states. Therefore, if Missouri joined, there would become 12 slave states and consequently an imbalance of power in the Senate (2 per state).Therefore, for Missouri to become a state, there had to be conditions. Different people had different ideas on what the conditions should be…392430016192500What happened? How did the Compromise come about?Idea 1: TALLMADGE AMENDMENTIn response to the ongoing?debate in Congress, Tallmadge (an opponent of?slavery), sought to impose two conditions on Missouri's statehood that would eventually end slavery. The first was a ban the further introduction of slavery. His second was to free the children of slaves when they reach the age of 25. The Tallmadge amendment was "the first serious challenge to the extension of slavery". The Amendment passed in the House, but failed to pass in the Senate (see table) Idea 2: Henry Clay, and the Missouri Compromise (1820)After stalemate in Congress, Missouri renewed its application for statehood in late 1819. Speaker of the House Henry Clay proposed that Congress admit Missouri as a slave state, but at the same time admit Maine (which at the time was part of Massachusetts) as a free state. In February 1820, the Senate added a second part: with the exception of Missouri, slavery would be banned in all the Louisiana Purchase lands north of the 36? 30’ latitude. On March 3, 1820, the bill passed, and President?James Monroe?signed it into law four days later.?Impact of the Missouri CompromiseSHORT TERMLONG TERMNo eruption of Civil WarBalance of political power in the Senate between slave and free statesStatus of slavery in the Louisiana Purchase land was decidedA compromise that did not satisfy the North or the SouthIt left open the question of slavery in areas outside of the Louisiana Purchase (this is crucial!).It left a legacy that assumed there had to be a balance of slave and free statesHighlighted how fatal the issue of slavery was, specifically in relation to westward expansionNullification CrisisWhat is a tariff?A TARIFF is a tax on imported goods from a different country.If a company wants to sell its product(s) in a different country, it must give the government of that country money in tax.E.g. A British toothbrush maker wants to sell toothbrushes in America for $100 per toothbrush. America have introduced a 20% tariff. Therefore, the company must give the American government $20 per toothbrush.The impact of this, is that companies who want to sell their product in a different country, increase the price of their good(s) to cover the cost of the tax. This in turn, makes the products in the original country cheaper than imported goods.E.g. Now America have introduced a 20% tariff, the toothbrush price increases to $120, in order to make back the money it has given to the American government. As a result the British toothbrush, is more expensive than American ones, which are $110.What happened?-1905000-51269359Sshh00Sshh-512693600058834000249221-11921400118911290002001. In 1828 Congress passed the Tariff of 1828 (nicknamed the TARIFF OF ABOMINATIONS)2. Vice President, John Calhoun anomalously published South Carolina Exposition and Protest. This argued the American delegated some rights to the Federal government, but the rest to the states.3. Andrew Jackson became President of the United States (1828 election) – and defended the tariff policy of 18284. Calhoun resigned as Vice President, and was quickly elected Senator of South Carolina608784688000-2540489780093345491440051076-144940093594-14633005. Jackson signed into law a SECOND TARIFF (Tariff of 1832), which lowered the tariff rates6. South Carolina held a convention that adopted the ‘Ordinance of Nullification’. This stated the Tariff of 1832 was unconstitutional. They said they were prepared to secede if the tariff was forced on them.7. Congress approved Jackson’s Force Bill, which allowed Jackson to use the army to enforce the tariff in South Carolina8. Henry Clay, leader in the House of Representatives, worked with Calhoun to create a THIRD TARIFF (Comprised Tariff)9. South Carolina accepted the Compromised bill, but nullified the Force BillImpact of the Nullification Crisis:SHORT TERMLONG TERMNullification was not a sectional issue… South Carolina stood alone South Carolina was prepared to secede from the Union Jackson, an advocate of states’ rights, arguably went further than any other individual to preserve what he saw as the national government’s legitimate powers… ironic?Stability in America would rely on federal government actions not trampling on states’ rightsNullification would not work in the futureHowever, a theory on the Constitution could now be used by the South (this theory is that unless the American Constitution says the Federal Government has the power over an issue, it is a states’ right).Southern fears of ModernisationWhy didn’t the South want to modernise?Perceptions of Northern society/moralityThe South believed that their rural way of life was under threat from industrialisation and urbanisation, both of which they associated with perceived social and moral issues in the North.?These issues included xenophobia, because industry and urbanisation brought in immigration, and immigrants were not all from WASP (White Anglo-Saxon Protestant) stock.Loss of position/powerSome of their fear was associated with fear of loss of position/power; the planter class dominated the South; their position was built on the economic system that existed.? Modernisation would bring changes they could not control and threatened their position.? They looked down on ‘new’ wealth created through trade and industry as opposed to ‘old’ wealth based on land, crops and slaves.Loss of SlaverySouthern arguments in favour of slavery and their economic system became more aggressive. ?Whilst previously the argument had been that slavery was a ‘necessary evil’, now Southerners increasingly argued that their system was superior.? Their confidence was boosted by ‘King Cotton’, cotton was America’s major export and produced more wealth than any Northern industry.? We’ve looked at sources in the past where Southern writers have argued that slaves were better off than northern factory workers, that slave owners treated their slaves more morally, looking after them from ‘cradle to grave’.? Given these beliefs they thought modernisation would damage not improve their lives.Social change for poor white southernersFor poor white southerners the system meant they were above the slaves.? Modernisation and industry would potentially lower them to the same level.The Moving FrontierBelow are the states added before the Mexican War:MissouriArkansasMichiganFloridaTexas12065-298450058420-190500076200-2286000755651587500355601333500August1820June1836January1837March1845December1845SlaveSlaveFreeSlaveSlaveRemember that the continent was also being explored, with new land being discovered and mapped.? The development of technology such as railways made settling further West a possibility whilst remaining connected to the Eastern seaboard.-336831295401.3 The Big PictureThere was clearly causes of tension in this periodThere is stalemate in Congress over the Missouri CompromiseThe Nullification Crisis saw the threat of secession and threat of army interventionHowever, both events were sorted out through CompromiseIn both instances show that Henry Clay was able to come up with a solution that each side could agree on (even if it was not ideal for any of them!)Topic 1.3 demonstrates how earlier topics (1.1 and 1.2) impacted evens in this periodThe lack of guidance in the Constitution on the powers of the federal government and state governments, and economic differences between the North and the South, explains conflict over tariffsThe lack of guidance in the Constitution over the expansion of slavery explains why the Missouri Compromise happened001.3 The Big PictureThere was clearly causes of tension in this periodThere is stalemate in Congress over the Missouri CompromiseThe Nullification Crisis saw the threat of secession and threat of army interventionHowever, both events were sorted out through CompromiseIn both instances show that Henry Clay was able to come up with a solution that each side could agree on (even if it was not ideal for any of them!)Topic 1.3 demonstrates how earlier topics (1.1 and 1.2) impacted evens in this periodThe lack of guidance in the Constitution on the powers of the federal government and state governments, and economic differences between the North and the South, explains conflict over tariffsThe lack of guidance in the Constitution over the expansion of slavery explains why the Missouri Compromise happened ................
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