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Constitutional Convention
a) May-Sept. 1787
Philadelphia
Founding fathers
Convened to establish better gov't
b) Articles not very effective
New system of gov't needed
c) Majority vote
Divided convention
-Virginia Plan
- National legislature made up of 2 houses
- Members of each house based on state population
Federal gov't established
- Equal representation for each state
- Congress has power to tax and regulate commerce
- Tabled
Frequent arguments -
The Great Compromise
a) 1787
Grand committee (appointed by Constitutional Convention)
Resolved problem of representation
b) Disagreements within Constitutional Convention
Virginia/New Jersey Plan
c) New legislature
- states represented in lower house by population
(slaves count as 3/5 of a person)
- states represented by 2 members each in upper house
- not permitted to tax exports
- Congress forbudden from imposing duty of more than
$10/head on slaves -
Role of Constitution/Sovereignty & Federal Powers
Constitution:
- Supreme Law of the land
- Nobody allowed to defy constitution
- Prevents tyranny through checks & balances/separation of
powers
- 2 Chambers of Congress
- Divides power b/t states and the nation Federal Gov't:
- Broad powers
- Allowed to: tax, regulate commerce, control currency, pass
necessary laws -
Checks & Balances/Separation of Powers
Checks & Balances:
- Prevents autocracy/tyranny
- 3 branches of gov't
- Legislative, Judicial, Executive
- Each branch responsible for keeping the other 2 "in check" Separation of Powers:
- Each branch of gov't in charge of different tasks
- Inherent in checks & balances
- Designed to protect from despotism believed to have emerged
in England -
Federal Structure
- Divided power b/t state and national govt's
- States given specific riights, all others go to nation
- Nation given specific rights, all others go to states
- Designed to protect from "tyranny of the people"
- Nation needs protection from unchecked power of popular will
- Only members of House of Rep. elected directly by the people
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Slavery Issues in Constitution
1) 3/5 compromise
- slaves counted as 3/5 person
- believed to only fo 3/5 work a free man did
- served in determining basis for direct taxation and
representation
2) Regulation
- Southerners feared power to regulate trade would interfere
with cotton economy
- new legislature not permitted to tax imports
- congress forbidden to tax >$10 per imported slaves
- congress has no power over slave trade for 20 years -
Federalist Papers
- Written by Alexander Hamilton, John Jay, and James Madison
- Written under pseudonym Publius
- Series of essays made into a book
- Expressed meaning and virtue of new Constitution
- Among greatest contributions to political theory
-
Federalist vs. Anti-Federalist Ratificaton Arguments
Federalists:
- Constituion created order
- Support of 3 most important political philosophers
- Alexander Hamilton
- James Madison
- John Jay
- aka Publius
- wrote The Federalist Papers
- Saw meaning and virtue in constitution Anti-Federalists:
- Defended principles of Revolution
- Constitution would estbl. tyrannical govt
- New govt would put an end to individual liberty
- NO BILL OF RIGHTS -
Judiciary Act of 1789
a) - 1789
- Passed by Congress
- Established Supreme Court
b) - Needed one court to hold official judicial power
c) - 6 members of Supreme Court
- Chief justice & 5 others
- 13 district courts w/ 1 judge each
- 3 circut courts of appeal -
Bill of Rights
Approved by Congress
10 amendments
9/10 placed limitations on Congress by protecting individual rights First Amendment:
Protects rights to:
-Freedom of Speech
- Freedom of religion
- Freedom of the press 10th Amendment:
- Gives states all powers not delegated to federal gov't by
Constitution -
Assumption Bill of 1790
a) Alexander Hamilton
Government to assume national debt
b) Wanted national control of debt
c) Capital moved from Philadelphia to Washington D.C.
Growing skepticism
Opposition of Madison, Jefferson, & Randolph -
Policy of Neutrality
- Started when Frecnh govt went to war w/ Britain
- 1st challenge: French diplomat Edmond Genet
- outfitted French warships in American ports
- 2nd challenge: Great Britain
- 1794
- Royal Navy seized American ships engaged in trade w/ French
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Whiskey Rebellion
a) 1794
Pennsylvania
Farmers refused to pay tax on whiskey & terrorized tax collectors
b) Washington-Hamiltan excise tax on distilled whiskey
c) Washington raised army of 15k
- rebellion quicky collapsed
People now intimidated by gov't -
Alexander Hamilton's Financial Plans
- National Bank
- collect taxes
- provide loans & currency
- keep track of government's bonds
- National Debt
- new bonds given out as old bonds paid off
- never-ending
- Taxes
- Tax on alcohol distillers
- Tax on imports
- National Bank
-
Jay's Treaty
Goals:
- Secure British compensation
- Demand british withdrawal
- Negotiate new commercial treaty Reality:
- Settled conflict w/ British
- Estbl. American sovereigty in Northwest
- Reasonable relations bt America & Britain -
Pickney's Treaty
- 1795
- Spain
- Spain recognized American right to navigate Mississippi
- Spain agreed to to fix boundary bt Florida where Americans wanted
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Alien & Sedition Acts
Alien Act:
- Made it harder for foreigners to become citizens
- Discouraged immigration
- Encouraged foreigners to leave Sedition Acts:
- Allowed govt to prosecute those who participated in sedition
- Possible for gov't to stifle any opposition BOTH:
- Opposed by Republicans (Anti-Federalists)
- Republicans wanted a reversal -
Virginia Resolution & Kentucky Resolution
Kentucky Resolution:
- Written by Thomas Jefferson Virginia Resolution:
- Written by James Madison BOTH:
- Based on John Locke's ideas
- Federal gov't only had certain delegated powers
- States had right to nullify laws if central govt exceeded iit powers -
The Revolution of 1800
- Presidential election
- Ugliest election in American history
- Adams portrayed as a tyrant
- Rumor of Jefferson affair w/ slave on his plantation
- Jefferson tied with Aaron Burr -Thomas Jefferson elected
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Charles A. Beard
- "An Economic Interpretation of the Constitution of the U.S."
- 1780s crucial to conservative business interests
- such men wanted gov't to promote industry & trade & protect private property
- Constitution = economic document written by those whose interests were at stake
- Articles might have formed a satisfactory gov't
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Intent of Framers: Jack Rakove
- Constitution not product of single intelligence or large consensus
- Comprised of many different views and opinions
- No fixed meaning, but "not infinitely malleable"
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James Madison
1787
Most creative political thinker of his generation
Created Virginia Plan
Drafted most of the Constitution of 1787
Decided (along w/ contemporaries) that power flows from people -
Federalists vs. Anti-Federalists
Republicans (Anti-Federalists):
- Believed organized political parties should be avoided
- Should instead focus on public good
- Felt Federalists encouraged tyranny
- Led by Thomas Jefferson & James Madison
- Believed they alone represented national interests
- Applauded French Revolutionists
- Anti-Aristocratic -
Why Was A Constitution Needed
- Articles of Confed. = weak
- Need for order & structure
- Need for organization
- Post-Revolutionary uncertainty
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Articles of Confed. vs. Constitution
Articles:
Weak central gov.'t but strong state govt's Constitution:
Strong federal/central gov't and weaker state gov'ts
Rights divided between state & federal govt's -
Federalists vs. Anti-Federalists
Federalists:
- Controlled govt for 12 years
- Originally led by George Washington & Alexander Hamilton
(secretary of the treasury)
- Pro-Constitution
- Hamilton proposed gov't take charge of national debt
- Wanted to create large & permanent national debt
- new bonds issued as old bonds paid off
- Wanted to create National Bank
- provide loans and currency
- safe place for gov't to deposit general funds
- collect taxes
- Wanted America to become a nation w/ wealthy ruling class -
John Adams
- 2nd president -Federalist
- Beat Thomas Jefferson by 3 electoral votes
- Few political skills
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Midnight Appointments of President John Adams
- John Adams
- allegedly stayed up all night on last night in office to appoint Federalist judges
- New officeholders aka "midnight appointments"
- John Adams
