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The Great Compromise and include 3/5 Compromise
states would be represented in the lower house on the basis of population with each slae counting as 3/5 of a free person in determining basis for representation and direct taxation
upper house, states should be represented equally with two members apiece
new legislatrue would not be permitted to tax exports: forbidden to impose duty of more than $10 a head on imported slaves, and have no authority to stop slave trade for 20 years -
Slavery Issues in Constitution
3/5 compromise
congress would be forbidden to impose a duty of more than $10 a head on imported slaves
no authority to stop slave trade for 20 years
the 3/5 formula was based on the false assumption that a slave was 3/5 as productive as a free worker and thus contributed only 3/5 as much wealth to the state -
Why was Constituion needed?
unpopular and ineffective
american manufacturers wanted to replace various state tariffs
merchans and shippers wanted to replace thireteen different state commercial policies with a single, national one
land speculators wanted the indian menance finally removed
people were envioning a form of miilitary dictatorship
caused chaos, tension, disorder, and collapse of structure -
Checks and Balances; Separations of Powers
checks and balances: among legislative, executive, and judicial branches
congress have two chambers: senate and house of rep
president would have power to veto acts of congress, federal courts would have protection from executive and legislature
helped shape a large republic, but also to shape internal structure of fed govt -
Federal Structrue
divided power between states and nation - were designed to protect US from kind of despotism Americans believed had emerged in England
also designed to protect nation from tyranny of the people: excess of democracy (Shay's Rebellion)
in new gvt: only members of house of rep would be elected directly by people; senators, president, and fed judges would be insulated in varying degrees from public -
Federalists vs Anti Federalists ratification arguments
anti fed - constituion would betray principles of revolution by establishing a strong, potentially tyrannical, center of power
would increase taxes, bliterate states, wield dictatorial powers, favor well born over common poeple, put end to liberty
lacked a bill of rights - basic mistrust of human nature and capacity of huma beings to wield power
feds - afraid of anarchy, chaos, unchecked power of masses create gvt that would be strong enough to act against threats to order and stability -
Comparison of power of govt Aricles of Confederation and govt Constitution
Constitution: neither federal govt nor state govt were truly sovereign
derived authority from people - led to distribution of powers between national and state governments
supreme law of the land, no state could defy it
power to tax, regulate commerce, control currency
A of C: each state shall retain every power, jurisdiction, and right not expressly delegated to Congress
could conduct wars and foreign relations, and borrow/issue money couldn't regulate trade, draft troops, or levy taxes -
Constituional Convention
New Jersey Plan preserved equal representation of states but expanded powers to tax and regulate commerce
agreed to permit members of upper house to be elected by state legislatures
each state delegation would have a single voite
major decisions woul dnot require unanimity, but only a simple majority
Virginia Plan: new national legislatrue consisting of two houses: lower and upper (by population)
but proposal aroused opposition so they followed NJ Plan -
Federalist Papers
written by Alexander Hamilton, James Madison, and John Jay - under joint pseudonym Publius
explained meaning and virtues of Constituion
fed paper no 10: Madison - believed disagreements need not and should not lead to formaiton of permanent factions
"measures are too often decided, not according to rules of justice and rights of minor party, but by superior force of an interested and overbearing majority" -
James Madison and his role with Constitution
created Virginia Plan: did most of the drafting of Constituion itself
helped resolve question of sovereignty and question of limiting power
all power, at all levels of gvt flowed ultimately from people
distribution of powers between natoinal and state gvts
argued that a large republic would be less liekly to produce tyranny - it would contain so many different factions that no single group could dominate it. -
Role of Constituion/sovereignty and federal powers
Constituion - question of sovereignty and question of limiting power
sovereignty - from the citizens thus netiher federal nor state gvts were truly sovereign
WE THE PEOPLE - distribution of powers
supreme law of the land, no state would have the authority to defy it
feeral gvt - broad powers: power to tax, regulate commerce, control currency
constituion accepted existence of separate states and left important powers in their hands -
Period: to
The Constituion and Federalist Administrations of Washington and John Adams
Disregard Months and Dates
Just Remember the YEAR -
Bill of Rights
1: freedom of religion, speech, and the press
immunity from arbitrary arrest
trial by jury
10: reserved to the states all powers except those specifically with held from them or delegated to the federal government
Congress approved 12 ammendments to constituion, nine of them placed limitations by forbidding it to infringe on certain basic rights -
Judiciary Act of 1789
Congress provided for a supreme court - six members, with a chief justice and five associate justices
thirteen district courts with one judge apiece, and three circuit courts of appeal, ech to consist of one of the district judges sitting with two of supreme court justicies
congress gave supreme court the power to make the final decision inc ases involving the constitutionality of state laws -
Assumption Bill/ Washington DC compromise
funding and assumption of debts would require new sources of revenue, since gvt would not have to pay interest on the loans it was acepting
two kinds of taxes: excise to be paid by distillers of alcoholic liquors
tariff on imports, raie revenue and protect american manufacturing from foreign competition
Hamilton and Jefferson agreed to provide northern support for placing capital in the south in exchange for VA's votes on the assumption bill -
Comparison of Federalists with Rep-Democrats (anti fed) (A)
ANTI FED: Thomas Jefferson and James Madison
believed in an agrarian republic, didn't scorn commercial activity or industry, but suspicious of large cities: feared urban mobs, opposed the development of advanced industrial economy - increase number of propoertyless workers packed in cities
envisioned a decentralized soceity, dominated by small property owners engaged largely in agrarian activities
Rep applauded democratic, anti-aristocratic of french
didn't like Nat Bank - dispro. tax: farmers -
Comparison of Federalists with Rep-Democrats (anti fed) (B)
FED: Alexander Hamilton, John Adams (Washington)
America required a strong, nat gvt with centralized authority, compex commercial eco, proud standing in world affairs
helped stabilize nation's western lands and strengthened America's international position
Feds wanted to preserve stability - political disaster
expressed horror at french revol: overthrow of monarchy and execution of king and queen
numerous in commercial centers of NE and Charleston -
Alexander Hamilton's Financial Plan (effects)
proposed new govt take responsibility for existing public debt: should call wealthy speculators in and exchange them for uniform, interest bearing bonds, payable at definite dates
fed govt assume the debts the states had accumulated during Revolution = encourage state and federal bondholders to look to central gvt for eventual payment
restored public credit, bonds of us were selling at home and abroad at prices above par value, speculators reaped profits, manufacturers profited from tariffs -
Policy of Neutrality
Washington declares United States neutrality in the face of emerging European conflicts. He warns citizens not to undermine the neutrality of the country at the risk of prosecution.
cannot aid nor harm any country - those who break the law will be punished and not be given any further protection under the US -
Whiskey Rebellion
farmers in PA raised major challenge to fed authority when they refused to pay whiskey excise tax and begnan terrorizing tax collectors
Washington called out militias of three states, raised army and personally led troops into PA - rebellion collapsed
fed gvt won allegiance of whiskey rebels by intimidating them
won loyalties of other frontier people by accepting their territories as new states in the Union -
Jay's Treaty
goals: secure compensation for recent british assaults of american shipping, demand withdrawal of british forces from frontier posts, and negotiate new commercial treaty
failed but settled conflict with BRIT and helped prevent possibility of war
est undisputed american sovereignty over entire NW and produced reasonably satisfactory commercial relationship with Britain -
Pinckney's Treaty
spain recognized right of americans to navigate the Mississippi to its mouth and to deposit goods at new orleans for reloading on oceangoing ships
agreed to fix the northern bounday of florida where americans always had insisited it should be, along 31st parallel
required spanish authorities to prevent the indians in florida from launching raids acorss border -
John Adams elected 2nd Pres
presided over divided party - faced strong and resourceful republican opposition committed to its extinction
hamilton still remained the most influential federalist and adams was never able to challenge him effectively
little talent at concilating differences, soliciting support, or inspiring enthusiasm
defeated jefferson by only 3 electoral votes -
Alien and Sedition Acts
alien act - placed new obstacles int he way of foreigners who wished to become american citizens and strengthened the president's hand in dealing with aliens
sedition act - allowed gvt to prosecute those engaged in sedition against the gvt
law made it mpossible for the fed gvt to stifle virtually any oopposition
alien act - helped discourage immigration and encouraged foreigners to leave -
Virginia Resolution and Kentucky Resolution
used ideas of John Locke to argue that fed gvt had been formed by a compact among states and possessed only certain delegated powers
whenever it exercised any undelegated powers, its acts were unauthoritative, void, and of no force
KY (Jefferson) resol: if parties to the contract, the states, decided that central gvt had exceeded those powers, they had the right to nulify appropriate laws
VA (Madison) resol: same claim
only VA and KY declared the congressional statutes void -
Revolution of 1800 - Thomas Jefferson is elected
Jefferson for Republicans
when votes for counted, Jefferson and Aaron Burr both had 73, House of Rep had to choose
each state delegation would cast a ginel vote
Federalists' decision: beleived Burr was too unreliable to trust with the presidency so Jefferson became president -
Midnight appointments of president john adams
Judiciary ACt of 1801: federalists reduced number of supreme court justiceships by one but increased number of federal judgeships as a whole
Adams appointed federalists to the newly created positions - there wre charges that he stayed up until midnight on his last day in office to finish signing the new judges' commissions
"midnight appointments" -
Historians' interpretations on why Constituion was written (A)
Charles A Beard - An economic interpretation of the constituion of the US: 1780s had been a critical period for certain conservative business interests who feared decentralized political structure of republic imperiled financial position - wanted a gvt able to promote industry and trade, protect private property, and make good the public debt
constit - economic docu drawn with duperb skill by men whose property interests were at stake -
Historians' interpretations on why Constituion was written (B)
Jack Rakove - Priginal Meanings : constitution was not the product of a single intelligence or of a broad consensus
result of a long and vigorous debate through which views of many different groups found their way into doc
framers differed in views of proper relationship betwen fed and state gvt
constituion is not infinitely malleable, but Rakove says neither does it have a fixed meaning that can be a reliable guide to how we interpret it
