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The US Constitution
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1 st US National govt. Ratified in 1781 ◦ Based on State Sovereignty States had all the power ◦ Federal Govt. had very limited powers.

Dec 19, 2015

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Page 1: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

The US Constitution

Page 2: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Articles of Confederation

1st US National govt. Ratified in 1781

◦Based on State Sovereignty States had all the power

◦Federal Govt. had very limited powers

Page 3: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

“Article” Problems◦Could not create taxes

◦Could not regulate trade

◦100% agreement to create an Amendment

◦2/3 majority to pass a law

◦No executive or judicial branches President or Supreme Court

Page 4: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Need For A More Perfect Union “Articles” too weak to regulate state commerce or stabilize economy

Crushing debts due to Revolutionary War Treaty with Spain in 1786 split North against South◦Fears of Civil War

Page 5: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Shay’s Rebellion, 1787◦Massachusetts opposition to tax increases High bankruptcy rates, people’s lives were better before the war

◦Generated calls for stronger central government

Page 6: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Creating a New Authority

John Adams, Thoughts on Government (1776)◦Govt. powers divided into executive, legislative, and judicial

◦Bicameral legislature = Two house law making body

◦Popular Sovereignty = People Choose

Page 7: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Philadelphia Convention, 1787◦“Constitutional Convention”

Focus was over sovereignty or who would hold the power and how would they protect the citizen’s rights from government

States or Federal Govt. Anti-Federalists vs. Federalists

Plan for multi-branch government based on separation of powers◦Powers of govt. are divided into 3 branches Judicial, Executive, Legislative

Page 8: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Enlightenment and the Constitution

◦Jean Jacques Rousseau promoted democracy as part of the Social Contract and a natural right

Baron de Montesquieu encouraged the separation of governmental powers into different branches to combat against tyranny ◦Should be divided to keep anyone person from

having too much power Checks and Balances

◦Voltaire “Freedom of Speech & Religion

Page 9: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Size / Power of Govt. Debate over representation in legislature

◦Virginia (large state) plan Bicameral legislature with representation based on state populations

◦New Jersey (small state) plan Equal representation in legislature

Page 10: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Great Compromise “Connecticut Compromise” Bicameral Legislature

◦Upper House equal representation (Senate) 2 per state

◦Lower House based on population (House of Representatives) 435 total

Page 11: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Equal Representation? Electoral College = Elects President

◦Created to ensure equality between areas w/ large and small populations

3/5 Compromise – Issue over how to count slaves toward representation◦Proposed by Thomas Jefferson who some called the Negro President after his victory in 1800 Revealed sectional differences between North vs. South

Page 12: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

The US ConstitutionPart II

Page 13: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Federalists vs. Anti-Federalists Federalists supported stronger national govt.◦The Federalist by John Jay, James Madison, and Alexander Hamilton made case for Constitution in 85 essays James Madison and Alexander Hamilton were both nicknamed the “Father of the Constitution

Page 14: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Anti-Federalists supported state rights fearing this new national government would become tyrannical Promise of a bill of rights enabled some Anti-Federalist support

Page 15: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Addressing the Anti-Federalists’ Fears

◦Democracy / Republic – Citizens elect leaders Enfranchisement – Right to Vote / Citizenship

Suffrage – Right to Vote◦Egalitarianism – All people are equal before the law

◦Limited Govt. – Citizens have rights govt. cannot take away

Page 16: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Bill of Rights = 1st 10 Amendments◦Protects / Guarantees our most basic rights. Can be restricted though Speech if you threaten someone or if you lie

Protests must be peaceful and orderly Cannot own a gun if you are a convicted felon

Page 17: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

◦1st – Religion, Protest, Speech, Press◦2nd – Guns◦4th – Search and Seizure◦5th – Fair Trial◦6th – Speedy Trial◦7th – Jury Trial◦8th – Cruel and Unusual Punishment

Page 18: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Checks and Balances – Each branch was given power over the other two

Page 19: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.
Page 20: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.
Page 21: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Federalism – Powers of govt. were divided between the state and national govt.

Page 22: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Delegated ReservedConcurrent

Page 23: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Establishing the Government Initial executive department of War, State, and Treasury◦President’s Cabinet

Judiciary Act of 1789 established national courts◦Marbury v. Madison – Supreme Court has final authority on laws and presidential actions “Judicial Review”

Congress passed tariff as source of income◦Tariff is a tax on imports

Page 24: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Ratifying the Constitution Delaware was 1st to ratify the new Constitution in 1787

Majority of states ratified by 1789 Rhode Island was last in 1790

Page 25: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Constitution and You Elastic Clause – “Implied Powers” Congress has the power to create laws as needed as times change ◦Highways and Interstates◦Internet

Goal of US government is to promote the “Common Good” while protecting individual “minority” rights

Page 26: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Duties as a US Citizen: ◦Jury Duty◦Be an informed Voter◦Obey Laws

Page 27: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Discussion Questions Examine the Articles and the Constitution. How did they differ? Which better served the freedoms and rights of the American people?

Page 28: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Completing the Revolution 1780–1800

Page 29: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Alexander Hamilton - 1st Secretary of Treasury

Report on Public Credit, 1790◦Federal Government would assume all state & national debts, both domestic & foreign Consolidated national debt

Hamiltonian Economics

Page 30: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

◦Government to pay debt by issuing securities Treasury Bond/CD’s

◦Called for permanent national debt to provide spending for govt.

Creation of a Bank of the United States◦Control all monetary and financial matters

Page 31: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Constitution was only a paper document◦Hard part is how to actually apply it to real life. Loose constructionist - Spirit of the Constitution

Strict constructionist - Has to be written in the Constitution

Interpreting the Constitution

Page 32: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Dispute over role of government Hamiltonians = economic interests

◦Speculators, banks, financiers◦Strong central government

Jeffersonians = farmers, “Common Man”◦Thomas Jefferson, 3rd President◦Limited federal power◦Extremely distrustful of banks

Jefferson Versus Hamilton

Page 33: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Huge debate over the creation of a national US bank◦Federalists (North) vs. Anti-federalists (South) National Bank linked to fear of “King George”

◦Loose vs. Strict Constructionists Support was approved for a national bank if U.S. Capital moved to the South◦NY to DC

Regional Challenges

Page 34: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Land Ordinance, 1785◦Survey and division of Northwest Territory into townships 6 miles square Required land be set aside for schools (#16)

◦For sale at public auction◦Viewed as a way to raise money for govt. off land

won during Rev War

Western Expansion

Page 35: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

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Western Land

Claims during the Revolution

Page 36: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Northwest Ordinance, 1787◦Set rules for new territories to become states

◦Provided public support for education and outlawed slavery

Page 37: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Kentucky and Tennessee attracted settlement by 1790◦Daniel Boone - Cumberland Gap - 1792 – 15th State

Page 38: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

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Advance of Settlement

to 1790

Page 39: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Indian wars in the Northwest◦Battle of Fallen Timbers in 1794

Whiskey Rebellion in 1794 Refused to pay federal excise tax on whiskey

Poor losing farms viewed as a betrayal of Rev. War promises Same issues as Shay’s Rebellion

Domestic Challenges

Page 40: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

◦Jay Treaty with England, 1795 North supported treaty, South opposed it Caused sectional rift

◦Pinckney Treaty with Spain, 1796◦US secures access to Mississippi River for cheap access for Spain to cotton South supported treaty, North opposed it

Foreign Challenges

Page 41: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Laid out principles for American policy◦Set 2 term custom Didn’t want public to think of President as a King

◦Warned against foreign involvement & Denounced political parties John Adams elected 2nd President in 1796

Washington’s Farewell

Page 42: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Jeffersonian Revolution

Page 43: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Jay’s Treaty angered French, resulting in trade difficulties◦Treaty led to increased trade with British, after war

◦XYZ Affair French were upset with Jay Treaty French provided aid to US during war

French diplomats demanded money to avoid war

◦Quasi-War: Undeclared naval war with French

Troubles with France, 1796–1800

Page 44: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Alien and Sedition Acts ◦4 laws to restrict criticism of US govt. and arrest / deport “aliens”

◦KY and VA resolves – refusal to follow Alien and Sedition Acts Cited State’s Rights, Strict Constructionist, and laws were unconstitutional Established idea of NULLIFICATION

Page 45: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Virginia’s Statute for Religious Freedom, 1786 Religious toleration (Catholics & Jews)

War allowed women greater control of everyday lives◦Challenges to patriarchal orientation of society Male dominated

◦Concept of “republican motherhood” gave women moral superiority in society

Cultural Changes

Page 46: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

North increasingly abolitionist◦Anti-Slavery Phillis Wheatley – African American Poet; freed slave

◦1780 Pennsylvania begins to outlaw slavery; which slowly becomes norm in North Choices Slavery Debate

Slavery Debate

Page 47: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Maryland and Virginia passed manumission laws Ways for slaves to earn freedom / time frame

◦Atlantic slave trade outlawed in 1808 Only practiced in Georgia and South Carolina after Revolution

Page 48: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Originally more than 1 candidate for each party

1st place = president 2nd place = vice president 12th Amendment – Current presidential election rules

◦John Adams president Thomas Jefferson was vice president Polar opposites politically

Election of 1800

Page 49: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Campaign of 1800 led to the birth of political parties◦Adams = Federalist◦Jefferson = Democratic-Republican A.k.a. Anti-federalists

Page 50: 1 st US National govt.  Ratified in 1781 ◦ Based on State Sovereignty  States had all the power ◦ Federal Govt. had very limited powers.

Adams defeated by Jefferson◦“Revolution of 1800”◦Big election issues were Adams securing peace with France and State’s Rights NO KING GEORGE!!!!