The debate between “strict” and “loose” construction of the Constitution started with...
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Transcript of The debate between “strict” and “loose” construction of the Constitution started with...
FEDERALIST ERA PART 2
STRICT VS. LOOSE CONSTRUCTION The debate between “strict” and “loose” construction
of the Constitution started with Hamilton’s National Bank
The power to create a national bank was not in the Constitution however, Hamilton felt the implied powers of the elastic clause allowed him to
However, strict constructionists favored a narrow interpretation of the Constitution which meant that the gov’t could only do what the Const. specifically says it can People like James Madison and Thomas Jefferson used this
view to oppose the Bank Loose Constructionists used a freer reading to allowed
the government more room to act Hamilton used this to create the bank
CREATING THE GOVERNMENT The Constitution didn’t give many details on
how to the gov’t would actually work Structure of Government
Constitution only set up a Supreme Court so Congress passed the Judiciary Act of 1789 which set up the federal court system
Set up the first 5 executive departments: State, Treasury, War, Attorney General, & Postmaster General
Today 15 departments and 200 independent agencies In 1789, Congress started sending bills to
committees This started the committee system we know today where
committees review all bills before sending them to the floor of either house
LOBBYING
Customs in Congress have led to lobbying which people are paid to represent special interest groups
These people are called lobbyists and are used to influence legislation and help get people elected who support their group
There are regulations against lobbying but it is allowed by the 1st amendment
FOREIGN POLICY UNDER WASHINGTON From 1789 to 1815, Europe was in constant warfare as a result of the French Revolution that was taking place
There was a lot of pressure because of this and Washington and other presidents tried to protect the country
Washington supported the very unpopular Jay’s Treaty which was an agreement designed to resolve the conflicts with Great Britain and keep the US out of war
In 1793 Washington made a Proclamation of Neutrality that said the US would not take a side in the warfare (including with France, US’s ally)
Also in his farewell address in 1796 Washington set a tone for the US with by warning of the danger of entangling alliances and urged the country to continue with a policy of neutrality
SERVING TWO TERMS
After serving only 2 terms, Washington turned down the opportunity to serve a third as president
This tradition stayed until the 1940 and 1944 with FDR
People upset about this led to the passing of the 22 Amendment that limits the President to 2 terms
FOREIGN POLICY UNDER JOHN ADAMS John Adams was the first Vice President and second
President He was a Federalist
He followed Washington’s goal of trying to keep the US out of war
He avoided expanding an undeclared naval war with France This upset his own party because the Federalists
supported Britain and helped lead to his not winning a second term
By avoiding war and ending the alliance with France from the Revolution, Adams kept the country in peace
THE ALIEN AND SEDITION ACTS Due to the public reaction to the French Revolution
(supported by Democratic-Republicans) the Federalists passed the Alien and Sedition Acts These were designed to weaken the Republicans
The Alien Acts made it more difficult to become a citizen and easier to arrest and deport non citizens
The Sedition Acts made it easier to arrest someone for criticizing the government
These were incredibly unpopular and Jefferson and Madison wrote the Virginia and Kentucky Resolutions saying the laws were dangerous to civil liberties and representative government