Creating a new Government

1. Creating a newGovernment

2. Source: The American Vision [McGraw-Hill]

4. Reminder • James Madison introduced legislation to create the Bill of Rights • First 10 Amendments • Personal liberties • Amendment 10: reserved to states all powers not specifically given to Fed govt

5. Bold Experiment • Govt based on ideals of: • republican rule • individual rights • ideals of Enlightenment like John Locke • Constitution not a detailed blueprint for governing

6. Practical Decisions • George Washington, as president, and Congress had to make decisions without precedent (prior examples) • James Madison said: ”We are in a wilderness without a single footstep to guide us.”

7. Judiciary Act of 1789 • Constitution authorized Congress to set up a federal court system, headed by Supreme Court • Judicial structure created by Judiciary Act of 1789 • Supreme Court with Chief Justice and 5 associates

8. J.A. of 1789 2 • 3 federal circuit courts • 13 federal district courts • N.B. Overtime, numbers of justices and courts have increased

9. Section 25 • Allowed state court decisions to be appealed to a federal court • if constitutional issues raised • guarantees that federal laws are “supreme Law of the Land” per Article 6

10. Executive Branch • 1789: George Washington takes office as President • Congress created 3 executive departments • State: Thomas Jefferson • War: Henry Knox • Treasury: A. Hamilton

11. Executive Branch 2 • Edmund Randolph selected as Attorney General • These 4 department heads served as Cabinet or chief advisors to Washington • Over time, meetings with cabinet became regular activity

12. Hamilton Strong central govt leadership by elite commerce & industry Supported in North Jefferson Distrusted strong govt & the rich Strong state & local govt farmer-citizens Supported in South & West Hamilton v Jefferson

13. Hamilton’s Economics • Report on Public Credit: 1790 - millions of $$ in debt • 2/3 of all debt owed by Federal govt • Some debt to foreign nations • Owed money to soldiers who fought in Revolutionary War

14. Hamilton’s Plan • Pay off foreign debt • Issue new bonds - pay off old • Assume state debts • People who loaned original money would support new nation • made the South mad, already paid off most of its debt

15. National Bank • Bank of the United States (BUS) • Issue paper money • Handle tax receipts • Handle other govt money • Get wealthy investors involved

16. Opponents of BUS • Madison/Jefferson • Unhealthy alliance with wealthy business interests • No Constitutional provision • In the end, convinced Washington and Federalists to support the bank.

17. Washington, DC • To win support for the BUS • move Capital City from NY to Southern City • On banks of Potomac River • Appealed to the South • Designed by Pierre L’Enfant, Andrew Ellicott, and Benjamin Banneker

18. Tariff of 1789 • Madison suggested raising money by taxing imports • Required importers to pay % of value of cargo when landed in US. • Shippers had to pay TONNAGE • tax based on how much ships carried

19. Tariff of 1789 • Tariffs and tonnage angered many Southern planters • Charged more to ship rice & tobacco to England • Duties meant paid higher prices for goods they bought • Began thinking new government favored the North

20. Political Parties • Washington against political parties and most factions • Not provided for in Constitution • Originally political “clubs” • Met to discuss issues and spread opinions • Washington unopposed 1792

21. Federalists Hamilton Strong central government Manufacturing based economy only informed participants Democratic-Republicans Jefferson limited central government agrarian economy people participate Political Parties2

22. Whiskey Rebellion • Excise tax placed on manufacture of whiskey • Whiskey main source of cash for western farmers • Cheaper to transport whiskey • 1794-farmers revolt • Federal govt put down with 15,000 militiamen

23. Revolution in France • Guillotining King Louis XVI in 1793 upset many Americans • France declared war on G.B. • Expected US to help against Britain • Anglo-French Alliance

24. More on France • Jefferson & Madison wanted to support France • Hamilton wanted to support Britain • George Washington kept US neutral • 4/22/1793: Neutrality Proclamation

25. Edmond Genet • French ambassador • Recruited Americans for war effort against England • Washington demanded his return to France • Afraid for his life, stayed in US and became a citizen

26. Jay’s Treaty • Even though GW issued Neutrality Proclamation, GB still giving US grief • John Jay negotiates with GB • GB could seize cargo going to France • US gets “most-favored nation status”

27. Jay’s Treaty • “Most-favored nation status” = American merchants not discriminated against when trade with Britain • Prevented war with GB • Gave Spain concerns that GB & US might try to take over Spanish territory in North Am.

28. Spain • US wanted to secure land west of Appalachians and travel along the Mississippi • Spain still held Florida and Louisiana • Spain afraid of joint British-American attack on Louisiana

29. Pinckney’s Treaty • US Ambassador to Spain • 1795 • Spain gave up claims to land east of Mississippi • 31st parallel Florida’s border • Open Mississippi to American trade

30. Struggles with GB • Britain continues its fur trade on the US side of the Canadian border • Britain confiscates US cargo and crews in the Caribbean because US did not back England against France.

31. GW’s Farewell • George Washington steps down after 2 terms as prez • Farewell Address • urged US to stay free of permanent alliances with other nations • Retired to Mount Vernon

32. Election of 1796 • Federalists • John Adams for prez • Thomas Pinckney for VP • Democratic-Republicans • Thomas Jefferson for prez • Aaron Burr for VP

33. Oops! • Electoral College votes for each candidate, not tickets • John Adams: 71 electoral votes • Thomas Jefferson: 68 electoral votes • Prez and VP from different political parties

34. War with France??? • French govt upset with US • Refused to accept American ambassador • XYZ Affair (next slide) • Adams refuses to go to war • Federalists want war • Finally, diplomatic settlement

35. XYZ Affair • Pres. Adams sent 3-man team to France to meet with Talleyrand (foreign minister) • French sent 3 low-level officials to meet with them • “X, Y, & Z” demanded $250,000 bribe to talk to Talleyrand

36. More XYZ Affair • Negative reaction back in US • “Millions for defense but not one cent for tribute.” • Congress creates a navy and says it’s okay to seize French ships • Undeclared war rages for two years--diplomatic solution

37. Alien & Sedition Acts • Disagreements escalate between Republicans and Federalists • Many immigrants were active in Republican party • many were critical of Adams • mostly French, British, and Irish

38. Alien & Sedition Acts2 • Federalist backlash • Alien Acts • residence requirement 14 years • president could deport or jail • Sedition Act • fines and jail terms for opinions damaging to govt

39. Alien & Sedition Acts3 • Prosecuted and jailed several Republican newspaper editors, publishers, and politicians • Republicans called it unconstitutional under the First Amendment • Acts expired by next election

40. Nullification • Madison drew up set of resolutions against the A&S Acts: approved by Virginia • Jefferson wrote similar resolution for Kentucky • Nullification: States have the right to void unconsitutional acts of Congress

41. Nullification • No other states join Virginia and Kentucky • Balance of power between states and federal government still an issue

42. Election of 1800 • John Adams vs. Thomas Jefferson • Adams hurt by Alien and Sedition Acts and new taxes • Jefferson and Aaron Burr (VP candidate) accuse Federalists of liking monarchies and being against political participation

43. Constitution Messes Up • The President is actually chosen by Electoral College • delegates equal in number to a State’s senators and reps • each elector casts two votes • in theory, one for prez and one for VP • Jefferson & Burr both get 73

44. Who’s the Prez? • Since no majority, goes to the House of Representatives • Most Federalists liked Burr and hated Jefferson • BUT--Hamilton like Jefferson • Another tie vote • What’s next

45. Compromise • Jefferson let a Federalist know that he wouldn’t fire all the Federalists if he got elected President or dismantle Hamilton’s economic system • Jefferson became president • Milestone: peaceful transfer of power to another party

46. Marbury v. Madison • Under Judiciary Act of 1801 • President Adams appointed 16 new federal judges right before leaving office • “midnight judges” • papers appointing several never served upon the new judges

47. Marbury v. Madison 2 • Marbury supposed to be a new justice of the peace • Jefferson told Madison not to issue papers to rest of judges • Asked Supreme Court to issue writ of mandamus • Extremely important decision

48. Marbury v. Madison 3 • Yes, Marbury victim of wrongful action BUT… • Judiciary Act of 1789 made mistake in saying requests for court orders go directly to Supreme Court • SC can not act because unconstitutional

49. Marbury v. Madison 2 • Beginning of “judicial review” • Implied power of Supreme Court • one of the “checks and balances” of our Constitution

50. Louisiana Purchase • 1800: France gets Louisiana back from Spain • France wants strong foothold in N.A. • Louisiana would supply raw materials for French colony of Haiti in Caribbean • Haiti becomes independent