Ch. 6 The Constitution

1. Ch. 6The Constitution

2. The Weak Confederation • Problems with the Articles • Barely approved the Treaty of Paris with Great Britain • Couldn’t effectively enforce foreign aspects of the Treaty • Almost didn’t have a quorum to approve the Northwest Ordinances regarding territory acquired through the treaty. • Only 8 states even voted • Couldn’t regulate international trade, hurt merchants • Positives • They won the Revolution with it • Most people liked the idea of strong government in each state.

3. Calls for Reform • Even supporters of the Article agreed changes needed to be made, how drastic though? • Alexander Hamilton • Political and Economic genius, New York lawyer • Led the charge for reform and convinced James Madison to sell the idea to Virginia Legislature • Reform gains credibility • They needed George Washington’s support in order for all states to get involved • Shays’s Rebellion convinced even Washington that the time had come.

4. The Constitutional Convention • Met in Philadelphia from May to September 1787 • 55 delegates from every state except Rhode Island • Washington was unanimously chosen as President of the Conference • John Adams was in England for diplomatic reasons • Jefferson was in Paris also • Patrick Henry refused to attend, he fully supported the Articles • Each state would only have one vote on issues regardless of the number of delegates.

5. Convention Continued • While they initially met to investigate changes to the articles, it was soon decided to simply create an entirely new Constitution • They met in secrecy, not allowing the opportunity for outside influence • The journal entries of James Madison serve as the only written documentation of the meetings. • Virginia had the most prepared group of delegates • James Madison arrived with a plan already prepared. • His “Virginia Plan” devised most of what is today‘s American government.

6. The Virginia Plan • Called for Three separate Branches of Government • Legislative Branch: consisted of a two House Congress where each state represented according to population • Executive Branch: led by a President who enforced Congressional laws. • Judicial Branch: Supreme Court to approve laws and enforcement. • The plan greatly favored larger states • Under the design, some smaller states wouldn’t have any representation in upper house of Congress.

7. The New Jersey Plan • More closely resembled the Articles • Called for a One House legislature where each state would have equal representation. • Major changes: • Congress could now have the ability to tax the people directly • Congress could regulate international trade • Only “Federal” government could print currency • Larger States did not like the New Jersey Plan

8. The Great Compromise • Committee led by Ben Franklin to devise a solution since the Convention was about to fall apart. • They devised the Connecticut Compromise, because it was proposed by Roger Sherman of Connecticut • Better known as Great Compromise. • Resembled much of the Virginia Plan • Two House Congress • Senate –upper house of Congress and each state would have TWO Senators, thus equal representation • House of Representatives –lower house where each state’s representation depended upon population

9. The 3/5 Compromise • Southern states wanted to count their slaves to gain representation in House of Reps. • Northern States opposed this idea • Slaves were considered property, they couldn’t vote, hold land, nor were they citizens • Northern states didn’t have them • Compromise allowed them to count 3 of every 5 slaves, thus pacifying southern states, but not completely giving in.

10. Sovereignty and Separation of Powers • The most important issue became the question of Sovereignty • Who had more power, state governments or Federal • Result was to give the most power to neither • All power would derive directly from the people. • All levels of government would be subject to vote form the people. • Preamble confirms the idea • Written by Robert Morris • Begins with “We the People… “ for a reason

11. Distribution of Powers • Most distinctive feature of the Constitution • Constitution is “Supreme Law” of the land, and no single state could defy it. • Federal Government had broad powers • Expressed or Implied Powers: Power to tax, regulate commerce, regulate currency, and pass any law necessary and proper for it to carry out duties. • Recognized individuality of each state • Reserved Powers: Allowed for each state to retain power, jurisdiction, and rights not expressly delegated to Federal government.

12. Distribution of Power Cont. • Complex passage of laws through Congress • Senate and the House had to approve laws separately • Each with members selected differently and with different terms to ensure no faction could dominate the process. • Emphasis placed on taking every precaution against possible tyranny

13. Checks and Balances • President (Executive Branch) had to agree to any laws passed through both Houses by signing it • President could veto any bill by refusing to sign • Congress could override any Presidential veto with a 2/3 majority vote. • Federal courts would be responsible to interpret the Constitution and prevent the passage of any law or enforcement deemed unconstitutional. • President appointed all federal judges, and Senate had to approve them • Judges are the only members of Federal government not elected by the people with life terms.

14. Ratification • Convention members were concerned states would reject the new Constitution • They exceeded what Congress authorized them to do • Each state would be instructed to hold individual Conventions to consider it • Legislatures would not be involved • Ratification would require 9 of the 13 states • The Articles required all 13 • No changes, or “amendments” could be made until after it was ratified.

15. Federalists vs. Anti-Federalists • Federalists – those in support of the new Constitution and a stronger national government. • Radical new ideas, but supported by the most prominent Americans like Washington & Franklin • Federalist Papers – series of essays defending the Constitution and explaining its merits • Published in pamphlets and papers throughout the states, especially ones like New York where ratification was in doubt • Written predominantly by Alexander Hamilton, James Madison, and John Jay under the pseudonym “Publius”

16. Anti-Federalists • Opponents of the new Constitution • Felt it betrayed many of the principles of the Revolution • Allowed the opportunity for a government to become tyrannical • Would increase taxes • Favor wealthy over majority • Largest Complaint: • No Bill of Rights specifically outlining individual guaranteed rights. • Read Page 167 (Debating the Constitution)

17. Constitution Ratified • Winter 1787-1788: States bitterly, but quickly debated the new document • Delaware was the first to ratify, soon followed by many others • By June 1788 New Hampshire became the 9th state to ratify, thus making it official • Concern still grew with New York and Virginia in debate • With ratification from those two later in the month Americans became more confident in the new Constitution.

18. Washington and the First Congress • Washington was unanimously selected President by the Electoral college. • Had presided over Constitutional Convention • Well respected and qualified • Many had agreed to ratify the Constitution on the condition that Washington would be President

19. The First Congress • Nearly a continuation of the Constitutional Convention • Consisted of primarily the same people and had to finish work on gaps in the Document. • Bill of Rights • The First 10 Amendments to the Constitution • Ensured individual rights and protection from the government were officially written. • Supreme Courts • Determined the number of justices and structure of the circuit courts.

20. First Congress Cont. • President’s Cabinet • 3 Departments: State, Treasury, and War • Postmaster General • Attorney General • Alexander Hamilton – Secretary of Treasury • Henry Knox – Secretary of War • Thomas Jefferson – Secretary of State • Edmund Randolph – Attorney General

21. Issues of New Republic • Federalists predominantly shaped and molded policy for the first 12 years of the new Republic, mainly because of Washington • Supporters of a modest national government rallied behind Jefferson and Madison, called themselves Republicans • Washington believed Presidents should refrain from personally getting involved in political controversies • Alexander Hamilton soon became the dominant figure of the Federalist Party with a great deal of influence.

22. Hamilton’s Plans • To gain support from the wealthy and influential upper class Hamilton proposed a risky move • The government assume all debt incurred by the Revolution and State governments afterward • Debts would be paid through the purchase of bonds that could be called in at definite dates. • Instead of completely paying off the debt, the government would issue new bonds as the old were paid off. • In this way Hamilton hoped to give incentive to the wealthy to support the new government as stake holders in its wealth.

23. Hamilton Cont. • National Bank • Create a new National Bank to solidify American banking system • Safe place for government to deposit funds • Collect taxes and handle government expenditures • Controlled by directors selected by the government • Commerce • Needed to generate income to get government stable • Tax on liquor • PA, NC, & VA farmers whose corn and rye impacted most • Raise tariff on imports to protect American industry

24. Compromise from Hamilton • Gov’t assuming all state debts • State with little debt would be required to help pay those states with great debts. • Virginia in particular had problems since they had relatively little debts • Hamilton & Jefferson Compromise • Jefferson - passage of the bill, • Hamilton - a new capital built along banks of Potomac River bordering Maryland and Virginia • Hamilton’s Proposals had immediate impact • Bonds sold domestic and abroad funding the new government, industry benefited from tariffs, credit was restored in American economy.

25. Political Parties Formed • Role of political parties intentionally left out of the Constitution • Washington in particular felt them harmful • Madison, Jefferson, and Republican followers felt that Hamilton and the Federalists had used influence to establish a network and consolidate power, like a political party. • They officially formed the Republican Party in response to this threat

26. Challenges to new Authority • Whiskey Rebellion • Western PA farmers revolt over liquor tax • Resembled Shays’s Rebellion, Washington personally led U.S. Army to attack near Pittsburgh and put down rebellion. • Neutrality with British and French • War between Britain and France following French Revolution – America claimed neutrality in conflict • “Citizen Genet”: French diplomat to America who tried to convince merchants to help France and attack Spanish lands to South • Greatly upset Washington

27. Election of 1796 • Solidified the divide between the Federalists and Republicans • John Adams – represented the Federalist primarily because Hamilton had made too many enemies. • Thomas Jefferson – leader of Republican party. • Adams narrowly wins, Jefferson is Vice-President • Federalist party becomes divided

28. Quasi War with France • The Jay & Pickney Treaties under Washington aided relations between U.S. and Spain & Great Britain • But failed to help relations with France. • French ships attacked American vessels on high seas and imprisoned crews.

29. X,Y,Z, Affair • Adams Selected commission to resolve problems. • French representatives tried to bribe them and upset Adams • When proposing the issue to Congress, Adams omitted the names of French representatives and called them X, Y, Z to avoid conflict

30. Quasi War • Congress created department of the Navy and built ships to combat French navy and protect trade. • Cut off all trade with France • Napoleon seized control of France and conciliated the problems before an actual war took place.

31. Alien and Sedition Acts • One of the most controversial pieces of legislation in American history. • Alien Acts made it more difficult for foreigners to become citizens • Sedition Acts allowed the government to prosecute anyone engaging in “sedition” • Problem was it was broad terms and caused many Republicans to fear it would allow federal government to stifle rights for political gain. • Virginia and Kentucky Resolutions • Written by Jefferson and Madison – brought national attention to the Alien and Sedition Acts and support against Federalists.

32. Election of 1800 • Bitter Contest between Jefferson and Adams, with Jefferson eventually winning. • However, through a technicality in the voting for vice president, Aaron Burr and Jefferson had the same number of votes. • Ended in tie 35 times in Congress • On the 36th vote Alexander Hamilton cast in favor of Jefferson and he became President.

33. Midnight Appointments • In one final action to combat the growing power of the Republican Party, the Federalists passed the Judiciary Act of 1801 • Reduced the number of Supreme Court Justices by one, and increased the size of circuit court justices. • Gave Adams the power to appoint many justices before leaving office. • Stayed up until midnight his last night in office to finish as many appointments as possible.