Chapter 6

1. Chapter 6 The Constitution and the New Republic

2. Framing a New Government • Constitution derived principles from state documents. Fashioned system of government that has survived for more than 200 years. • 1783, members of Confederation Congress members withdrew from Philadelphia to escape clamor of army veterans.

3. Framing a New Government • 18 members, representing only 8 states voted on Confederation’s most important legislation, the Northwest Ordinance. • Majority of people satisfied with Confederation. • Common Feelings: Believed they fought war to avert danger of remote tyrannical authority. Wanted to keep power centered in states

4. Framing a New Government • Wealthiest most powerful groups wanted more national government capable of dealing with nations economic problems • Society of Cincinnati- exclusive hereditary club of military men, disgruntled at the refusal of Congress to fund their pensions

5. Framing a New Government • Manufacturers and artisans: wanted to replace state tariffs with uniformly high national duty, single commercial policy in place of thirteen different state policies. • Land speculators wanted to remove the “Indian Menace”. Wanted to stop the states from issuing paper money-would lower the value of what they received in payments

6. Framing a New Government • Conflicts between liberty and order central feature of American democracy • The Confederation’s weakest point was the lack of power to tax

7. Framing a New Government • Alexander Hamilton: called for national convention to overhaul entire document- delegates approved proposal of all states gathering in Philadelphia to consider ways to amend the constitution.

8. Framing a New Government • Annapolis convention- five states attended in 1786 • Thomas Jefferson: not alarmed by Shay's Rebellion- a little rebellion now and then was a good thing.

9. Framing a New Government • Washington: his support for Constitutional Convention in Philadelphia gave it immediate credibility • Constitutional Convention- attended by 55 men, representing all states but Rhode Island

10. Framing a New Government • Founding Fathers: young (excluding Franklin 81) well educated, retained Revolutionary suspicion of concentrated power. Unanimously chose Washington to preside over hearings.

11. Framing a New Government • Decisions required majority not unanimity each state had one vote • James Madison: sent as delegate from Virginia composed detailed plan for new "national" government. Edmund Randolph proposed creating a Judicial, Executive and Legislative branch

12. Framing a New Government • Virginia Plan - called for national legislature consisting of two houses • Lower house- states would be represented in proportion to population (largest VA would have about ten times as many representatives as the smallest Delaware)

13. Framing a New Government • Upper house members elected by lower house no rigid system of representation • Results of proposal: aroused immediate opposition among delegates small states

14. Framing a New Government • William Patterson: proposed federal rather than national government

15. Framing a New Government • New Jersey Plan preserved one house legislature, equal representation, gave Congress expanded powers to tax and regulate commerce • Rejected, substantial support from smaller states

16. Framing a New Government • Virginia Plan permited members of upper house to be elected by state legislatures rather than by lower house. Each state guaranteed at least one member in upper house

17. Framing a New Government • Questions and Debates: would states be equally represented? Would slaves be counted in population when determining the size of a state's representation?

18. Framing a New Government • South Carolina: wanted slaves to be considered persons in determining representation, also wanted to consider slaves property if the government levied taxes based on population

19. Framing a New Government • Grand Committee- single delegate from each state with Franklin as chairman to resolve disagreements

20. Framing a New Government • July 16, 1787- convention voted to accept Great Compromise • Satisfying the South: permitted to tax exports, forbidden to impose duty of more than $10 a head for slaves, no authority to stop slave trade. Feared power to regulate trade would interfere with agrarian economy. • No definition of citizenship, no list of individual rights, restrained powers of national government

21. Framing a New Government • James Madison: helped most in creating the Constitution, Virginia Plan, helped resolve two important philosophical questions;

22. Framing a New Government • Question of sovereignty: could national and state governments exercise sovereignty at the same time- all power flowed ultimately from people, neither state nor federal government truly sovereign- derived authority from "We the people..." • Supreme Law: constitution

23. Framing a New Government • Federal Government: broad powers; tax, regulate commerce, control currency and pass laws • Constitution accepted existence of separate states, left important powers in their hands.

24. Framing a New Government • Public feared tyrannical leader who would breed corruption within republic, believed individual states must remain sovereign and strong national government would be dangerous

25. Framing a New Government • Separation of Powers: large republic possible if separation of powers within government and a system of checks and balances among legislative, executive and judicial branches, drawn from Scottish philosopher David Hume

26. Framing a New Government • Congress composed of two chambers, House of Representatives and Senate, both would have to agree before laws were passed • President would have power to veto Congress • Federal Courts: protection from executive and legislature, judges and justices served for life • Fear of the mob: only House of Representatives elected directly by people

27. Framing a New Government • September 17,1787 Constitution signed • Supporters of Constitution had a number of advantages-better organized, support of Franklin and Washington- Federalists • Federalists: James Madison, Alexander Hamilton, John Jay

28. Framing a New Government • Federalist Papers- series of essays, widely publicized, explained meaning and virtues of the Constitution hoping to draw support

29. Framing a New Government • Anti-federalists: presented selves as defenders of true principles of the Revolution, believed Constitution would produce a strong, potentially tyrannical, center of power, claimed it would increase taxes, obliterate states, yield dictatorial powers, and favor the "well born”

30. Framing a New Government • Constitution lacked bill of rights, little faith in ability of human beings to wield power, no government could be trusted to protect liberties of citizens

31. Framing a New Government • Fears of Federalists: disorder, anarchy, chaos, unchecked power of the masses. Wanted to create government that would be strong enough to act against threats to order and stability • Fears of Anti-federalists: concerned with dangers of concentrated power

32. Framing a New Government • Delaware Convention (1787-1788)- first to ratify constitution, followed by NJ, PA and Mass., New Hampshire- 9th state to ratify constitution • Rhode Island - opposition - did not call a convention

33. Framing a New Government • George Washington- first president; inaugurated in New York on April 30, 1789 • John Adams-leading federalist- vice president • Twelve Amendments- first ten became Bill of Rights

34. Framing a New Government • First Congress under Constitution served as a continuation of the Constitutional Convention: task of drafting a bill of rights • Bill of Rights- forbid Congress to infringe on basic rights: freedom of religion, speech, and press, trial by jury • 10th Amendment reserved states all power except those specifically withheld or delegated to federal government

35. Framing a New Government • Judiciary Act of 1789 - Congress provided for Supreme Court of 6 members - chief justice and 5 associate justices, 13 district courts w/one judge each, 3 circuit courts of appeal - Supreme Court had power to make final decision in cases involving constitutionality of state laws

36. Framing a New Government Henry Knox • Alexander Hamilton - secretary of treasury • Henry Knox - secretary of war • Edmund Randolph - attorney general • Thomas Jefferson - secretary of state

37. Federalists and Republicans • Controversy - one side believed America required a strong national government other wanted a modest one

38. Federalists and Republicans • Federalists – centralizers led by Alexander Hamilton, mission: to become nation, state, with centralized authority, complex commercial economy, proud standing in world affairs • Republicans - fathered under leadership of James Madison and Thomas Jefferson, beliefs: envisioned modest central government, no highly commercial societies, remain agrarian, powers rested in hands of states and people

39. Federalists and Republicans • Government Federalist under Washington; dominant figure in administration was Alexander Hamilton • Hamilton's Ideas: believed stable effective government required enlightened ruling class and support of wealthy and powerful

40. Federalists and Republicans • Funding The Debt- government takes responsibility for existing public debt- call in old depreciated certificates and exchange them for uniform interest-bearing bonds, payable at definite dates

41. Federalists and Republicans • Assume debts- federal government takes over debts states accumulated during the Revolution- create large and permanent national debt- hoped it would result in creditors most likely to lend money to government

42. Federalists and Republicans • National Bank: help fill the absence of well developed banking system, provide loans and currency, safe place to deposit federal funds, help collect taxes and disperse governments expenditures

43. Federalists and Republicans • Government now needed more revenue to pay off interest on bonds, Hamilton proposed 2 new taxes • Excise Tax (Whiskey Tax): paid by distillers of alcoholic liquors- tax would fall heavily on backcountry (PA, VA, NC) • Tariff on imports- raise revenue and protect American manufacturing from foreign competition

44. Federalists and Republicans • “Report on Manufactures”- 1791 Hamilton grand scheme for stimulating growth of industry in United States and wrote about the advantages.

45. Federalists and Republicans • Opposition to Hamilton- old certificates that had been given to merchants and farmers in payment for supplies during the war, or officers and soldiers for payment. Some had sold bonds for a fraction of face value and some argued that bonds should be given to original holders. Some states had different war debts than others (Mass owed more than VA)

46. Federalists and Republicans • In exchange for VA’s votes for assumption bill (government taking over state debts) Government moved capital south near Potomac River

47. Federalists and Republicans • The Bank of The United States- began operation in 1791

48. Federalists and Republicans • Effects of Hamilton's Plan: won support of influential part of population, restored public credit, reaped large profits, manufacturers profited from tariffs, merchants benefited from new banking system, small farmers complained they beared disproportionate tax burden (property tax, plus excise tax on distilleries)

49. Federalists and Republicans • Federalists viewed corrupt- resulted in emergence of alternative political organization • Republican Party: formed committees, societies and caucuses, banded together to influence state and local elections- fighting to defend people from corrupt conspiracy by Federalists • "First Party System"- institutionalized factionalism

50. Federalists and Republicans • Thomas Jefferson: prominent speaker, viewed self as farmer, believed in agrarian republic made of sturdy, independent farmer-citizens, did not oppose industry, should develop some manufacturing capacity, suspicious of cities, feared urban mobs, opposed development of advanced industrial economy, envisioned a decentralized society, dominated by small property owners