Brinkley Chapter 6 Notes 1 Brinkley, Chapter 6 The Constitution and the New Republic Framing a New Government After Shays Rebellion, some of America's wealthiest and most powerful groups called for a stronger national government. Leading the way was Alexander Hamilton. Hamilton found allies in James Madison and George Washington who called for a Constitutional Convention. 55 delegates met in Philadelphia. All states were represented except Rhode Island. The "Founding Fathers" were young (44), well educated, wealthy property owners, and feared concentrated power. The convention unanimously George Washington to preside over its sessions. Was closed to the public and to the press. All delegates agreed: Each state received one vote in the Convention and a simple majority was needed to pass a resolution. Independence Hall The Philadelphia Convention Not in attendance were John Adams (England) and Thomas Jefferson (France). Sam Adams was not welcomed as he was deemed too fiery. Patrick Henry refused to attend because he "smelt a rat." The US needed a stronger central government Issue of Representation V. James Madison William Paterson Convention rejected the New Jersey Plan, but supporters of the Virginia Plan realized they needed to compromise. Rejected state sovereignty in favor of the "supremacy of the national government" . V. Issue of Slavery To placate southern states, the delegates agreed that the federal government could not ban the slave trade for 20 years. "Upper" Southern states such as VA and MD hoped to abolish the slave trade. "Lower" Southern states such as SC and GA refused to partake in any union that abolished the slave trade. Article 1 Section 2 Issue of the Presidency V.
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Brinkley Chapter 6 Notes
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Brinkley, Chapter 6
The Constitution and the New Republic
Framing a New Government
After Shays Rebellion, some of America's wealthiest and most powerful groups called for a stronger national government.
Leading the way was Alexander Hamilton.
Hamilton found allies in James Madison and George Washington who called for a Constitutional Convention.
55 delegates met in Philadelphia. All states were represented except Rhode Island.The "Founding Fathers" were young
(44), well educated, wealthy property owners, and feared concentrated power.
The convention unanimously George Washington to preside over its sessions. Was
closed to the public and to the press.
All delegates agreed:
Each state received one vote in the Convention and a simple majority was needed to pass a resolution.
Independence Hall
The Philadelphia Convention
Not in attendance were John Adams (England) and Thomas Jefferson (France). Sam Adams was not welcomed as he was deemed too fiery. Patrick Henry refused to attend because he "smelt a rat."
The US needed a stronger central government
Issue of Representation
V.
James MadisonWilliam Paterson
Convention rejected the New Jersey Plan, but supporters of the Virginia Plan realized they needed to compromise.
Rejected state sovereignty in favor of the "supremacy of the national government" .
V.
Issue of Slavery
To placate southern states, the delegates agreed that the federal government could not ban the
slave trade for 20 years.
"Upper" Southern states such as VA and MD hoped to abolish the slave trade.
"Lower" Southern states such as SC and GA refused to partake in any union that abolished the slave trade.
Article 1 Section 2
Issue of the Presidency
V.
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Issue of Trade
V.
Unresolved Issues
No definition of citizenship
Status of Indian Tribes
Absence of a list of individual rights, restraining the powers of the federal government (A.K.A Bill of Rights)
No mention of slavery
Undoubtedly, Charlie Brown is awesome, but try to stay away from this version of the Constitutional Convention!
The Constitution of 1787
James Madison "The Father of the Constitution"
Madison's 2 most important achievements:
1. The question of sovereignty
2. The question of limiting power
Discontinued in 1969
The Question of Sovereignty
How could a national government exercise sovereignty concurrently with state governments? Where did ultimate sovereignty lie?
All power, at all levels of government flowed ultimately from the people. Thus neither the federal government nor the state governments were truly sovereign.
The resolution of the problem of sovereignty made possible one of the distinctive features of the Constitution - Federalism , or the division of powers between the national and state governments.
The Question of Limiting PowerBaron de Montesquieu Separation of Power & Checks and Balances
Adoption and Adaptation
9 of 13 states were needed to adopt the Constitution.
States assembled delegates to begin their own conventions to vote on ratification
A national debate ensued though over individual rights and the protections of individual rights from the government
The nation was divided between Federalists and Anti-Federalists
Federalists - a term that opponents of centralization once used to describe themselves - thus implying that they were less committed to a "nationalist" government than in fact they were.
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Supporters:
Washington
Franklin
Madison
Hamilton
Jay
Supporters:
Patrick Henry
Sam Adams
Jefferson
Believed they were the true
defenders of the Revolution.
Government will increase taxes,
weaken the states, favor the
rich over the commoners, and bolish individual
libertyWrote the Federalist Papers to support their position
Ratification
In the winter of 1787-1788, Delaware ratified the Constitution first.
New Jersey & Georgia soon followed.
New Hampshire was the 9th state to ratify.
North Carolina waited to see if in fact a Bill of Rights would be added.
Rhode Island did not even consider ratification.
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12 3
4
1356
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812
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The First Congress
The first Congress served in many
ways as a continuation of the
Constitutional Convention.
Most important task was drafting
the Bill of Rights.
By early 1789, even James Madison
saw the importance of a Bill of
Rights.
9 of the first 10 Amendments placed limits on the federal government.
The Federal Courts
The Constitution only states: "The judicial power of the United States shall
be vested in one Supreme Court, and in such inferior courts as the Congress
may from time to time ordain and establish."
The Judiciary Act of 1789 provided for a Supreme Court with 6 justices and a
system of lower courts and appeals courts
Executive Departments
The Congress created three departments of the executive branch:
Secretary of War
Established the Postmaster General and Attorney General
Secretary of State Secretary of Treasury
Henry Knox
Edmund RandolphSamuel Osgood
Federalists and Republicans
Though the Constitution was ratified, there remained many philosophical
differences.Federalists
Powerful group who
envisioned America as a
genuine nation-state, with
centralized authority and a
complex commercial
economy.
Democratic - Republicans
Group whose members envisioned a
more modest national government.
Rather than aspire to be a highly
commercial or urban nation, it
should remain predominantly rural
and agrarian.
Washington & Hamilton Jefferson & Madison
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Hamilton and the Federalists
For 12 years, the Federalists controlled the
government partly because Washington
believed in a strong central government.
But, he tried to avoid deliberations and
controversies in Congress.
Alexander Hamilton rose as the face of the Federalist Party.
Hamilton was one of the most aristocratic in political philosophy. Believed in
an elite ruling class. As Treasury Secretary he devised bold policies to
enhance national authority and to assist financiers and merchants.
Hamilton's Financial Plan
The new government needed the support of the wealthy and powerful. Government
needed to give elites a stake in success.
Hamilton outlined his vision in 3 plans proposed to Congress.
1. "Report on the Public Credit" (Jan. 1790)
2. "Report on a National Bank" (Dec. 1790)
3. "Report on Manufactures (Jan. 1791).
1. Hamilton asked Congress to redeem at face value the $55 million in Confederation
securities held by foreign and domestic investors.
As an underdeveloped nation, the US needed good credit to secure loans from
Dutch and British financiers. However, his plan gave enormous profits to speculators,
who bought depreciated securities.
Few members of Congress rejected Hamilton's
plan for funding the national debt, but many
opposed his proposal to exchange new bonds for
old certificates of indebtedness on a dollar-for-
dollar basis.
Many original bond holders were forced to
sell them to speculators in the 1780s at a
fraction of their face value.
At the insistence of Hamilton,
Congress passed the bill to
exchange the bonds.
Equally controversial was Hamilton's proposal to pay note holders with new interest-
bearing securities, thereby creating a permanent national debt.
Hamilton then proposed that the national government further enhance public
credit by assuming the war debts of the states. This assumption plan, costing $22
million benefitted the wealthy as they also purchased depreciated bonds.
Hamilton's Financial Plan
2. Hamilton's bank plan would be jointly owned by private stockholders and the
national government.
Hamilton's Financial Plan
Hamilton argued the bank would provide stability to the specie-starved American
economy by making loans to merchants, handling government funds, and issuing bills
of credit. These potential benefits persuaded Congress to grant Hamilton's bank a
20 year charter and send the legislation to the president for his approval.
Jefferson and Madison opposed Hamilton's plan. Jefferson believed the bank was
unconstitutional. Jefferson's argument rested on a strict interpretation of the
Constitution. Jefferson told Washington that it was not a power expressly "delegated to
the United States by the Constitution."
Hamilton preferred a loose interpretation. He told Washington that Article 1 Section 8
empowered Congress to make "All Laws which shall be necessary and proper" to carry
out the provisions of the Constitution. Washington agreed with Hamilton and signed the
national bank legislation.
Enacting Hamilton's Program
Hamilton's assumption of debt proposal faced greater opposition.
Opponents argued that if the federal government took over the state debts,
the states with small debts would have to pay taxes to service the states with
large ones.
Massachusetts, for example, owed
much more money than Virginia.
Hamilton had to compromise
with the Virginians.
In exchange for northern support for placing the nation's capital in the
South close to Virginia, the south would vote for assumption of the states'
debt. The land was to be chosen by George Washington.
3. Hamilton sought revenue to pay the annual interest on the national debt.
Hamilton's Financial Plan
He urged the expansion of American manufacturing but did not want a protective
tariff but a revenue tariff. As American trade increased, customs revenue rose
steadily and paid down the national debt.
The funding and assumption of debts would require new sources of revenue. 2 new
taxes:
1. Excise tax on alcoholic beverages, a
tax that would burden whiskey
distillers and small farmers who
converted part of their corn and rye
into whiskey.
2. Tariff on imports, not only to raise
revenue, but to protect domestic
manufacturers from foreign
competition
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Hamilton's Vision
But, Congress agreed to Hamilton's bill
despite these objections. The Bank of
the United States began operations in
1791 in Philadelphia.
Once enacted, Hamilton's program
won the support of manufacturers,
creditors, and other influential
segments of the population.
Small farmers claimed they were taxed excessively and others argued the Federalist
program only benefited the wealthy elites, rather than everyone
The Federalists offered more than a vision of a stable new government, but one run
by an enlightened ruling class and an independent commerical economy.
The Democratic - Republican Opposition
The Constitution made no reference to political parties. Most framers believed
political parties were dangerous.
However, Madison and Jefferson believed
Hamilton and the Federalists were doing
many of the same things that the corrupt
British government had before the
Revolution.Out of this rose the Democratic-Republicans.
Jefferson promoted a vision of an agrarian republic, in which most citizens
would farm their own land. Jefferson did not scorn commercial or industrial
activity, but believed the nation should be wary off too much industrialization.
Regional and Economic Differences
The Federalists were most
numerous in the commercial centers
of the Northeast and in southern
seaports as Charleston.
Democratic - Republicans were
stronger in the rural areas of the
South and West.
The most glaring difference was the support of the French Revolution. The
Federalists expressed horror and the Democratic-Republicans applauded
the democratic spirit.
Electoral Map 1796
Establishing National Sovereignty
The Federalists consolidated their position by acting effectively in the western territories and the West.
Whiskey Rebellion
1794 - farmers in western Pennsylvania raised a major challenge to federal authority when they refused to pay the new whiskey excise tax and began terrorizing tax collectors in the region.
Hamilton urged Washington to use the federal army and lead them into Pennsylvania. The rebellion collapsed upon the approach of the militia.
The federal government won the allegiance of the whiskey rebels through intimidation.
Indians' Ambiguous Status
The new government inherited border conflicts with Indian tribes.
These clashes revealed another issue the Constitution did little to resolve:
The place of Indian nations within the new federal structure
The Indians' legal standing.
The issue of land and the sovereignty of land
War Between France and Britain
Both Washington and Congress tried to remain neutral
1794 - British Navy began to seize American ships in the West Indies.
Hamilton was concerned, war with England ended imports from England - most of the revenue to maintain his financial system came from these duties
George Washington sent Chief Justice John Jay to negotiate a settlement. Jay was instructed to secure compensation for the assault on American shipping.
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Jay's TreatyJay's treaty failed to garner compensation but it avoided a likely war.
Provided undisputed sovereignty over the entire Northwest (British removed the last
of its troops) and produced a reasonably satisfactory commercial relationship.
Pinckney's Treaty
Settled American disputes with Spain.
Spain recognized the right of the Americans
to navigate the Mississippi River and to
deposit goods in New Orleans
Agreed to the northern border of Florida
Spain commanded its authorities in Florida to stop Indian raids on the border.
Election of 1796
Washington refused to run for a
3rd term
Jefferson was the obvious choice as a
presidential candidate for the
Democratic-Republicans
The Federalists were caught
between John Adams and
Alexander Hamilton
Hamilton created too many enemies to be a credible candidate and therefore
nominated Adams
Quasi War with France
Relations with Revolutionary France quickly deteriorated.
French vessels captured American ships
on the oceans. The French government
refused to meet with American diplomat
Charles Pinckney.
In an effort to stabilize relations, John
Adams appointed a bipartisan
commission to negotiate with France.
When the diplomats arrived in 1797, three agents of French foreign minister
Talleyrand demanded a loan for France and a bribe for French officials
before any negotiations could begin. The Americans refused.
XYZ Affair
When Adams heard of the incident with
Talleyrand, he urged Congress to prepare for
war.
In his message to Congress he referred to the
French officials as X, Y, and Z.The XYZ Affair provoked
popular outrage and
increased the strength of the
Federalist Party.
For nearly two years, the U.S.
found itself engaged in an
undeclared war with France.
Repression and Protest
The empowered Federalists began to find ways to silence the Democratic-
Republicans.
The Alien and Sedition Acts
The Alien Act placed new obstacles in the way of foreigners who wished to
become American citizens, and it strengthened the president's hand in
dealing with aliens.
The Sedition Act allowed the government to prosecute those who engaged in
"sedition" against the government. Since there was no clear definition, it
allowed the government to silence virtually all opposition.
Adams signed the laws cautiously for fear of launching a broad crusade
against the Democratic-Republicans.
The "Revolution" of 1800
Adams was the candidate for president of the Federalist Party and Jefferson
(Burr) for the Democratic-Republicans
Federalists accused Jefferson of
being a dangerous radical whose
followers were wile men who, if
they came to power, would bring
a "Reign of Terror" comparable
to that of the French Revolution.Democratic-Republicans portrayed
Adams as a tyrant conspiring to become
king, and accused the Federalists of
plotting to impose slavery on the people.
The election was incredibly close
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The "Revolution" of 1800
When all votes were cast for the presidency, Jefferson and Burr each received 73 votes.
Jefferson and Burr were listed on the same ticket, although the vice-president was to be elected separately.
Therefore, a vote went to the House of Representatives to elect the President
Jefferson - 73
Burr - 73
Adams - 65
Pinkney - 64
Jay - 1
The current Congress was to vote. Each state had one vote. Hamilton convinced many Federalists that Burr was not to be trusted and to vote for Jefferson. It is believed
that Hamilton's actions led to the duel with Burr.
Judiciary Act 1801
After the election of 1800, the only branch of government left in the hands of the Federalists was the Judiciary.
The Adam's administration spent its last months in office taking steps to make the party's hold on the courts secure.
Judiciary Act of 1801 - Federalists reduced the number of Supreme Court justices by one, but increased the number of federal judges as a whole
Adams appointed John Marshall to Chief Justice of the Supreme Court and other Federalists to posts as federal judges.
It is rumored Adams worked through midnight to complete the assignments before leaving office, often called the "midnight appointments."