Making It Happen: The Constitution in Practice

1. Making It Happen: The Constitution in Practice US History

2. The Unwritten Constitution • Precedents under the first 3 Presidents defined how the Constitution was put into practice. John Adams Jefferson Washington 1789-1797 (2 terms) 1797-1801 (1 term) 1801-1809 (2 terms)

3. Institutions • Cabinet • Department of State (foreign affairs) • Secretary Thomas Jefferson • Department of Treasury (finances) • Secretary Alexander Hamilton • Department of War (military) • Secretary Henry Knox • Department of Justice (govt prosecutor) • Attorney General Edmund Randolph

4. Setting up Court System • Judiciary Act of 1789 • Congress established: • District Courts • Courts of Appeal • 6 Supreme Court Justices (how many now?) • Washington chose John Jay to be Chief Justice.

5. Financing the Government • Tariff of 1789 • Reason: Congress needed to find ways to raise money in order to operate. • What it was: tax on all imports from other countries. • Shippers paid tonnage (tax on HOW MUCH ships carried). • Southerners HATED it. Needed goods became expensive.

6. Financing the Government • Hamilton’s Financial Plan • Supported 1789 Tariff • Govt needs ability to borrow money • Hamilton wanted govt to pay back debts from Revolutionary War: • 40 mil to private citizens • 12 mil to foreign countries • Why? People need confidence in govt’s ability to pay back loans.

7. Financing the Government • Opposition to Hamilton’s Plan • Critics pointed out that many private citizens sold their bonds to speculator’s • Ex., I bought bond at $5. Govt said they’d pay me $10. • BUT I panicked because I didn’t think govt would pay. So I sold my bond to speculator for $1. Now Hamilton says govt WILL pay full $10. • Southerners said most bond buyers were Northerners, but taxes would affect South most.

8. Financing the Government • Bank of US • Hamilton wanted it to manage debts and interest payments. • Central bank could make loans and issue paper money. • Opposition: • Southerners: Northerners will own most of the stock. • Madison: NOT an enumerated power in Constitution; Hamilton: it’s IMPLIED. • Washington went along with it.

9. Financing the Government • Whiskey Rebellion • 1791 Hamilton proposed tax on whiskey making. • Farmers hated it, because whiskey was also a barter item (paper money was hard to find in some places). • In W. Pennsylvania, farmers rebelled. • Hamilton: US govt has to show it has authority to collect taxes. • Washington sent in the troops to crush rebellion. • Rebels backed down.

10. Rise of Political Parties • Debate over Hamilton’s financial plans split Congress into two parties: • Federalists (led by Hamilton) favored: • Rule by wealthy, educated people. • Strong federal govt • Emphasis on manufactured goods • Loose interpretation of Constitution • Alliance with Britain • National Bank • Protective tariffs.

11. Rise of Political Parties • Democratic-Republicans (led by Jefferson) favored: • Rule by the people (the “little” guy). • Strong state govts. • Emphasis on agriculture. • Strict interpretation of Constitution. • Alliance with France. • State Banks, not one national bank. • Free trade with NO tariffs.

12. Foreign Policy • American Response to French Revolution • Federalists were against • Democratic Republicans were for • Tricky situation: Treaty of 1778 required US to help France defend colonies in Caribbean. • BUT that meant war with GB! • Washington declared US NEUTRAL.

13. Foreign Policy • Jay’s Treaty • Washington declared neutrality, but GB seized American ships carrying goods to France. • Washington sent John Jay to GB for a solution. • TREATY • US let GB seize goods bound for France. • In return, US got “most-favored nation” status when trading with GB. • Some hoopla about pro-Brit stance, but treaty passed Senate.

14. Foreign Policy • Pinckney’s Treaty • Spain joined France in war against Britain. • Spain was afraid US and GB would take its land in North America. • TREATY: • US may navigate Mississippi River and to deposit goods at port of New Orleans. Thomas Pinckney

15. Goodbye, Washington… • Farewell Address • At end of second term, Washington retired. • He wrote a goodbye-letter to the American people: • Watch out for sectionalism: splits between Northerners and Southerners • Be careful of political parties. • Don’t get involved with European affairs--STAY neutral. • Trade with ALL countries.

16. …Hello, Adams! • Election of 1796 • Adams (Federalist) beat out Jefferson (Democratic-Republican) • One-termer • Accused of being a closet royalist • Big issue during his administration: how to deal with Revolutionary France (the Directory!) • Post-Louis XVI • Group of 5 (Cinque-têtes)

17. Alien & Sedition Acts • Passed by Congress in 1798 • Adams didn’t ask for it, but he liked it. • Alien Acts: • Made it hard for foreigners to become US citizens; President had power to deport foreigners if they posed threat to US security. • Sedition Act: • It is illegal to criticize the president or government.

18. Alien & Sedition Acts • Adams never used Alien Acts, but he did indict 17 people on Sedition Act. • 10 of the 17 were convicted.

19. Read Congressional Blunder • What do you think of 1st set of quotations? • Do the quotations explain how the acts could be passed? • Do you agree or disagree with them? • Do you agree with the the sentiments in the second set of quotations. • What part of the Constitution did the Sedition Act violate?