Primary Sources in the age of rising partisanism

1. Primary Sources in the age of rising partisanism The Divide Between Federalists and Republicans, 1787 - 1798

2. Hamilton Vs. Jefferson • It is important to remember that these men actually agreed about more than they differed! • Jefferson, however, was in favor of a more democratic, agrarian society. • Hamilton favored a less democratic republican system, and the interests of trade merchants and industrialists. • Jefferson believed that the power of the government should be limited by a strict interpretation of the Constitution; Hamilton thought the national government should be given broad leeway by exercising “implied powers.”

3. The Bill of Rights – Test Case • The Bill of Rights serves as a test case. No one was really against the Bill of Rights. Everyone agreed that Americans had the right to free speech, a free press, freedom of religion, the right to bear arms, the right to due process and jury trials. But not everyone agreed that we needed a list of these rights! • Hamilton and his followers believed that all of these rights were inherent, and that no formal Bill of Rights was necessary to secure them. It would just be so much paper. • Thomas Jefferson and his camp, on the other hand, though it was essential to actually write out the Bill of Rights! Individuals like James Madison sympathized with Antifederalists complaints – like those of George Mason – that an actual written documents – able to be interpreted by judges – was required.

4. The Virginia declaration of Rights – George Mason • George Mason drafted the Bill of Rights in 1776, after the state of Virginia had declared independence from England. • The Virginia Constitution, he believed, needed an explicit enumeration of the rights of it’s citizens. • The document “guaranteed Virginians freedom of speech, freedom of religion, the right to bear arms, and the right to trial by jury. It barred the state from searching anyone’s home without a warrant or taking their property without proper court proceedings.”

5. The Virginia Statute of Religious Freedom – Thomas Jefferson • “Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.” • Jefferson, who was a deist and did not practice any traditional Christian faith, viewed this as essential to allow participation in civil society.

6. Why did George Mason compose the Virginia Declaration of Rights in 1776? • George Mason feared that the rights of the people were not protected: • Freedom of Speech • Freedom of Religion • The Right to Bear Arms • The Right to Due Process and Jury Trials • Freedom from unfair searches and seizures of property

7. In the passage above, find at least five (5) specific rights which are enumerated by Mason in the Virginia Declaration of Rights. • The inalienable rights to life, liberty, and the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. • Freedom of the Press – it could “never be restrained but by despotic governments…” • The right to a well-regulated militia and protection against “standing armies in time of peace” which “should be avoided as dangerous to liberty; and in all cases, the military should be under strict subordination to, and governed by, the civil power.”

8. What does the Virginia Statute of Religious Freedom state regarding religious freedom? • People should not be required to practice any faith with goes against their conscience. • The state should not be able to tax individuals to support a church which they do not attend or agree with. • People should be able to profess their faith freely • Religious faith should not be a litmus test for holding office or otherwise serving the community.

9. Why do you think Thomas Jefferson and James Madison were so devoted to establishing the principle of freedom of religion? • Thomas Jefferson was a deist who had no regard for the divinity of Christ. He admired Jesus Christ as a philosopher, but didn’t consider him to be the son of God. He and Madison sought to create a society in which no one would be punished or excluded from serving the public for their religious convictions.

10. Why would Alexander Hamilton oppose efforts to enshrine these beliefs in the Bill of Rights? No one was against the individual rights listed in the Bill of Rights. Hamilton sought to have the Constitution ratified without a Bill of Rights only because he considered the document superfluous – or unnecessary. Hamilton and many of his Federalist sympathizers declared the any list of the rights of man would come up short – and therefore fail to protect one or more of the virtually limitless rights of man. The Ninth Amendment to the Constitution did much to address these concerns. The Ninth Amendment states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

11. Which amendments in The Bill of Rights actually preserve the basic rights articulated by George Mason and Thomas Jefferson? Freedom of Religion – The First Amendment The first amendment actually says that Congress cannot establish any national religion. This is interpreted as a broad and inclusive protect to practice all religions freely. The Right to Bear Arms – The Second Amendment The Constitution stipulates that the right to bear arms is protected in the form of a well-regulated militia. This leaves it to localities to consider whether or not the right to bear arms for self-defense is always legal. Freedom of the Press – The First Amendment This is granted in the First Amendment as well. George Mason’s Virginia Declaration of Rights was the first document to stipulate the importance of a free press; the Bill of Rights followed Virginians lead on this point.

12. Which amendments in The Bill of Rights actually preserve the basic rights articulated by George Mason and Thomas Jefferson? Private Property Rights – The Fourth Amendment Freedom from unlawful searches and seizure of property is forbidden by the Fourth Amendment to the Constitution. This has also been interpreted as guaranteeing certain expectations regarding privacy. Other Liberties Not Listed – The Ninth Amendment Fearful that the individual rights listed in the Constitution may not have been substantial enough, the Founding Fathers also included the Ninth Amendment, stating, ““The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

13. John Adams – the 2nd President John Adams has seen a major change in the way he’s viewed in recent years. He was, in many ways, a defender of the Revolution. As President, he feared outsiders – like the French – may align against him with his political enemies and endanger the future of the republic. But his overreaction to this anxiety was just as dangerous. The Alien and Sedition Acts were clear violations of Americans individual rights. Jefferson opposed him for this reason, and the Jeffersonian Republicans would become a party of dissent - the loyal opposition.

14. Why was Thomas Jefferson so outraged by this law? Jefferson viewed John Adams’ attempt to squash out dissent to be a clear violation of the first amendment – the right to free speech, a free press, and the right to petition the government for redress of grievances were all brought in to question by Adams arbitrary rulings. John Adams argued that the Alien and Sedition acts were necessary in order to protect the Revolution. If his political enemies worked with French allies, they might attempt to overthrow the fledgling government.

15. Thomas Jefferson and James Madison responded with the Virginia Resolution and the Kentucky Resolution. These polemics argued that the states – because they had created the Constitution – could also declare federal laws unconstitutional. They advanced the theories of interposition and nullification and argued it was the role of the states to defend the rights of their people from the Federal Government’s intrusions. This is a clear violation of our understanding of federalism today – the national laws are “the supreme law of the land.” Yet, this was a time period before the Supreme Court case of Marbury V. Madison – in which the Supreme Court claimed the right to judicial review. By our standards today, these measures were clearly an unconstitutional response to an unconstitutional measure. But in 1798, there Supreme Court had yet to weigh in. The Republican response What documents did Thomas Jefferson and James Madison compose in response to the Alien and Sedition Acts in 1798 and 1799, respectively? What two principles did the men attempt to establish in these documents? Were they constitutional? Why or why not?