Forming a New Government

Why Independent in the First Place?

Citizens wanted to limit the power of government

Lack of representation – “No taxation without representation”

Protect personal freedoms

Desired to be represented fairly and equally in the lawmaking process

English Laws

Trace back to Magna Carta-

Limit power of ruler

Representative govt. w/ Parliament in control

Greater rights for citizens

Enlightenment influences

English Bill of Rights protected rights

T. Paine – “the mind once enlightened…”

J. Locke – right to life, liberty, and property

Montesquieu – separate powers of govt. (3 branches)

American Models

Iroquois Confederacy: representatives from each nation chosen by matriarch

(women) to meet to discuss matters and vote on various decisions. Individual

nations had local council- how is this similar to government today?

The Virginia House of Burgesses- Met once a year to make laws that could

however be vetoed by the governor or the directors of the Virginia Company.

Mayflower Compact- formed a temporary government

State Constitutions:

Republic put people in power- elected governors

Limit govt. control & separation of powers

Suffrage – white males that paid taxes & were property owners

Articles of Confederation

Created a central govt. w/ limited powers

“Loose alliance” of states

Congress – make and pass laws

13 States – 1 vote per state

States – enforce laws

No President – weary of too much power

Articles of Confederation

WEAKNESSES:

Congress couldn’t impose taxes was the greatest

weakness

All states had to agree to pass laws

No executive branch to enforce the laws passed by

Congress

SHAYS REBELLION

War is expensive!

Continental Congress and states are struggling to pay back debts- high taxes on common people

Farmers: high taxes + debt led to many foreclosures

States would jail farmers that could not afford to pay their debts, take their land away

Revolt forces shut down the courts in Massachusetts

No courts = no foreclosures

A few miles form Shay’s farm- rebels come armed

2,000 rebels participated - the militia was sent in and squashed the rebellion

SHAYS REBELLION

Impact ~ Articles of Confederation was too weak – not working

Congress couldn’t raise taxes

No branch to enforce laws

All states had to agree to pass laws

Couldn’t regulate trade

Push for Change

Revisions to A of C – national conference held

No NE states or NC, SC, GA ~ Only 5 states attended

CONSTITUTIONAL CONVENTION

Met intending to revise the Articles

Really James Madison brought a blue print for what would become the Constitution, “Father of the Constitution”

Madison also kept a very detailed account of what was taking place

12 states attended most of the meetings- Rhode Island refused to participate, opposed to strong central government

Split between large and small states…

VIRGINIA PLAN (LARGE STATES) (MADISON)

Strong national govt. w/ 3 branches

Legislative – passes laws

Executive – carries out laws

Judicial – interprets laws

Representatives based on population- larger

population, more representatives

Favored large states, so small states opposed

NEW JERSEY PLAN (SMALL STATES) (WILLIAM PATERSON)

Small states response to VA Plan

Three branches

One-house legislature: one state = one

vote

Federal govt. powers: taxes & regulate

commerce

THE GREAT COMPROMISE (ROGER SHERMAN)

Biggest issue is representation

Created a bicameral Congress based on population and equal representation

Upper house – Senate gets two reps per state (NJ plan)

Lower house – House of Reps. – based on population (VA Plan)

Three-Fifths Compromise - Southerners wanted slaves counted

Slaves were counted as 3/5 for purpose of representation in Congress

FEDERALISM

Federalism

divide power between fed/state govt.

Checks and Balances

limit the power of govt.

Each branch checks the other two branches

Congress passes laws but Pres. can veto

Judicial Branch determines if laws passed by Congress are Constitutional

FEDERALISTS VS ANTIFEDERALISTS

FEDERALISTS

supported the Constitution

Wanted a strong Federal

Govt.

strong in the North & Cities

Backed by G. Washington, B.

Franklin, J. Madison, A.

Hamilton

ANTIFEDERALISTSopposed Constitution

because it lacked a Bill of Rights

Wanted weaker Federal Govt. in favor of states rights

Strong in the South & rural areas

Backed by T.Jefferson. S. Adams, P. Henry, T. Paine

FEDERALIST PAPERS

Purpose was to rally support for ratification of

the Constitution (NY delegates)

Written by Alexander Hamilton, James Madison

and John Jay

Explained the advantages the Constitution

would bring

RATIFICATION OF THE CONSTITUTION

Ratification for several states could only occur with the Bill

of Rights

Amends. 1-10 to insure basic civil liberties

The Federalists were better prepared than their opponents.

9/13 had to ratify to become, “Law of the Land”

June 1788 – NH was 9th state to approve

NY, VA, NC, and RI ratify later

GEORGE WASHINGTON

Unanimously decided to be first President

Makes precedents (examples) that future Presidents follow

Establish a Cabinet- Jefferson as Secretary of State, Hamilton Secretary of Treasury

Supported Bank of America

Policy of neutrality

Two term limit on Presidency

Established relations with Great Britain

Presidential farewell address- any regrets and where they think country should be headed in the future

POLITICAL PARTIES

DEMOCRATIC REPUBLICANS

Led by Thomas

Jefferson

Small national govt.

(power w/ states)

Supported agriculture

Strict construction (b/w)

Opposed national bank

FEDERALISTS

Led by Alexander

Hamilton

Strong national

government

Supported

manufacturing/industry

Loose construction (grey)

Favored national bank

ALEXANDER HAMILTON

Govt. should assume all existing public debt from the war

The country needed a national bank

The nation’s economy should be based on industry and manufacturing

Needed to create govt. revenue – Taxes!

i. Tariff – tax on imported goods

ii. Excise “sin” tax – liquor, tobacco and luxuries

Compromise reached – moved the capital to Philadelphia, then DC

i. Southerners then agreed to state debt bill

HAMILTON’S ECONOMIC PLAN

Most controversial part of Hamilton’s plan:

Loose construction – loose interpretation of Constitution

i. Hamilton – “necessary and proper clause”

ii. Supported national bank

VS

Strict construction – strict interpretation of Constitution

i. Jefferson – “limit the power of govt.”

ii. Opposed national bank

President Washington signed the Bank Bill in 1791

WHISKEY REBELLION

Farmers objected violently to excise tax

Tax on whiskey, excess grain and wheat turned into whiskey,

whiskey used as a trading medium

Tax affected their pocketbooks - attacked tax collectors

2,000 rebels threatened Pittsburgh

GW and Hamilton led 13,000 troops to squash rebellion

Farmers scattered “without spilling a drop of blood”

WASHINGTON NEUTRALITY

Washington issued Neutrality Proclamation in 1793

i. U.S. would be friendly and impartial w/ France and Great Britain

ii. GW opted to stay out of French Revolution

Edmund Genet, French ambassador, openly defied Neutrality Proclamation

Used American ports to outfit French ships for war against British

Washington demanded France replace Genet

Diplomatic challenges

Jefferson resigned as Sec. Of State

British seized American ships & sailors imprisoned, as they were trading with France

Britain stirred up trouble in NW Territory w/ natives- arming Natives, occupying forts

JAYS TREATY

Chief Justice John Jay negotiated w/ British

Brits paid for damages to ships & left forts in NW Territory

No more impressments of sailors

Washington argued better a bad treaty with GB than no treaty at all

At this time Hamilton also resigned

Majority won in Senate and it was ratified

JOHN ADAMS PRESIDENCY

Won over Jefferson 71-68

Federalist

Jefferson is VP, they are rivals

XYZ AFFAIR

Part of Jay Treaty is not allowed to trade things with France- upsets France

So France seizes American ships

Adams sent 3 men to France to negotiate

France refuses to accept the men, sends 3 nobody's to deal with them

Americans angered by the treatment of their people, Adams labels the 3 French men X, Y, and Z

Undeclared war, some naval battles. French realized it was smarter to come to peace

ALIEN AND SEDITITON ACTS

Response to XYZ and resentment of foreigners

Foreigners must register w/ govt.

Allowed president to jail or deport “dangerous” foreigners

Prohibited criticism of public officials (FREEDOM OF SPEECH?)

Jefferson and Madison argued that acts were unconstitutional

Created deeper divide in Congress and the country

SUPREME COURT

No specified amount of Justices- been as low as six however since the late 1800s, there have always been nine

Appointed by President, confirmed by Senate

Justices hold office for life

Hear appealed cases from lower courts

Thousands sent to them however they only see around 150

Determines whether laws, rulings, etc are deemed Constitutional

JOHN MARSHALL

Appointed by John Adams

Set various precedents, served for 34 years

Supreme Court gives one final ruling, not

each individual

Most important case is Marbury v Madison

MARBURY VS MADISON

At the very end of Adams Presidency, he appoints William Marbury and justice of the peace in DC

Thomas Jefferson, the new president, refused to recognize the appointment of Marbury.

The normal practice of making such appointments was to deliver a "commission," or notice, of appointment. This was normally done by the Secretary of State. Jefferson's Secretary of State at the time was James Madison

Jefferson told Madison not to deliver it, making it void

Marbury sues Madison and the Supreme Court hears the case

One branch cannot force another branch to do something, however it establishes judicial review- the Supreme Court reviews what other branches do

FOUNDING FATHERS

JOHN ADAMS

Lawyer- defended Red Coats after the Boston Massacre

Sons of Liberty

Massachusetts delegate for Constitutional Congress

Worked on Declaration of Independence- one of only two to sign

and later become President

Worked on Treaty of Paris to help end the War

First Vice President to Washington- then became President after a

close win over Jefferson

Was able to keep US out of European problems- remain neutral

Died the same day as Jefferson July 4, 1826

BENJAMIN FRANKLIN

Publisher of Pennsylvania Gazette, spoke out against Stamp Act

Pennsylvania’s delegate to Continental Congress

Helped draft Declaration of Independence

Delegate to France, helped form Treaty of Paris

Only to sign ALL FOUR major documents- Declaration, Constitution, Treaty of Paris, Treaty of Alliance with France

Also was scientist- famous for work with electricity, made glasses- did not patent any of his inventions

THOMAS JEFFERSON

Lawyer, Virginia legislature, Virginia

delegate at Continental Congress

Primary author of the Declaration of

Independence

Secretary of State for Washington, Vice

President to Adams

Became third President

ALEXANDER HAMILTON

New York delegate to Constitutional conventions

Another author of Federalist Papers

Secretary of Treasury for Washington

Secretary of State for Jefferson

Died in a duel with Aaron Burr

Burr defeats father in law for Senate seat

Any time Burr runs for anything, Hamilton talks badly

Burr has enough and challenges him to a duel

JAMES MADISON

Virginia legislature, Continental

Congress

An author of some Federalist Papers

Took lead on creating Constitution

Became Congressman, then

Secretary of State for Jefferson

Became fourth President

GEORGE WASHINGTON

General of Continental Army in

American Revolution

First President of the United States

Unanimously decided

Set many precedents- what

were they??