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Slavery Issues in Constitution
-3/5 compromise congress forbidden mpose duty greater $10 a head imported slaves
-no authority to stop slave trade for 20 years
-the 3/5 formula based false assumption that a slave 3/5 productive as a free worker
-contributed only 3/5 as much wealth to the state -
The Great Compromise & 3/5 Compromise
-states represented lower house by basis of population
-each slave counting as 3/5 of a free person
-basis for representation & direct taxation upper house
-states represented equally w/ 2 members each
-new legislatrue no permitted to tax exports
-forbidden impose duty more $10 a head imported slaves
-no authority to stop slave trade for 20 years -
Why was Constituion needed?
-unpopular/ineffective american manufacturers
-want replace various state tariffs
-merchants & shippers wanted to replace 13 different state
-commercial policies w/ a single
-national one land speculators want indian menance
-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
-legislative, executive, judicial branches
-congress two chambers: senate and house of representative
-president power to veto acts of congress
-federal courts protection from executive
-legislature helped shape a large republic & internal structure of fed govt -
Federal Structure
-divided power between states and nation
-designed protect US from despotism
-Americans believed emerged in England
-designed 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, & federal judges would be insulated in varying degrees from public -
Comparison of power of gov’t Articles of Confederation gov’t and Constitution
Constitution: neither federal govt /state govt
-truly sovereign
-derived authority from people
- distribution of powers btween national and state govts
- 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
- right not expressly delegated to Congress could conduct wars and foreign relations,
-borrow/issue money couldn't regulate trade, draft troops, or levy taxes. -
Constituional Convention
-New Jersey Plan
-equal representation of states
-expanded powers to tax
-regulate commerce agreed to permit members of upper house to be elected by state legislatures
-each state delegation have a single vote
-major decisions no require unanimity only a simple majority
-Virginia Plan: new national legislatrue consisting of two houses:
-lower and upper by population
-proposal aroused opposition followed NJ Plan -
Federalist Papers
-written by Alexander Hamilton, James Madison, John Jay
- under joint pseudonym
-Publius explained meaning & virtues Constituion fed paper # 10
-Madison - believed disagreements need not
-no lead to formaiton of permanent factions "measures are too often decided
-not according to rules of justice and rights of minor party
-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
-helped resolve question of sovereignty
-question limiting all power
-gvt flowed ultimately from people distribution of powers between natoinal and state gvts
-argued large republic less liekly to produce tyranny
- contain many different factions
-no single group could dominate it -
Role of Constituion/sovereignty and federal powers
-Constituion
- question of sovereignty
-question of limiting power sovereignty
-citizens thus netiher federal nor state
-gvts truly sovereign
-we the people
- distribution of powers supreme law of the land
-no state authority to defy it federal gvt
-broad powers: power to tax
-regulate commerce
-control currency constituion
-accepted existence of separate states
-left important powers in their hands -
Federalists vs Anti Federalists ratification arguments
-anti fed - constituion would betray principles of revolution by establishing strong, potentially tyrannical
-center of power increase taxes, bliterate states, wield dictatorial powers, favor well
-born over common poeple
-put end to liberty lacked a bill of rights
- basic mistrust human nature &capacity of human beings to wield power feds
- afraid of anarchy, chaos,
-unchecked power of masses create gvt strong enough to act against threats to order and stability -
Bill of Rights
-1: freedom of religion, speech, press immunity from arbitrary arrest trial by jury
-10: reserved to states
-all powers except those specifically held from them/delegated to the federal government
-Congress approved 12 ammendments to constituion,
-9 placed limitations by forbidding it to infringe on certain basic rights -
Judiciary Act of 1789
-Congress provided for a supreme court
- six members, chief justice, 5 associate justices, 13 district courts w/ 1 judge apiece, 3 circuit courts appeal
-1 of the district judges w/ 2 supreme court justicies
-congress gave supreme court the power to make the final decision
-in case involving the constitutionality of state laws -
Comparison of Federalists with Rep-Democrats
-federal
-Hamilton,John Adams (Washington) America require strong, national gvt w/ central authority
-compex commercial economy
-proud standing world affairs helped stabilize nation's western lands &strengthened America's international position
-wanted to preserve stability
-political disaster expressed horror at french revol
-overthrow monarchy
-execution of king/queen numerous in commercial centers of NE & Charleston -
Assumption Bill/ Washington DC compromise
-funding & assumption of debts
-require new sources of revenue
-gvt not pay interest loans
-accepting 2 kinds of taxes: excise to be paid by distillers of alcoholic liquors tariff on imports
-raise revenue &protect american manufacturing from foreign competition
-Hamilton & Jefferson agreed 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
-Antifed
-Jefferson &Madison believed agrarian republic
-no scorn commercial activity/industry
-suspicious of large cities
-feared urban mobs
-opposed development advanced industrial economy
-increase # 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 no like Nat Bank
- disproved taxing farmers -
Alexander Hamilton's Financial Plan: effects
-proposed new govt take responsibility existing public debt
- should call wealthy speculators in & exchange them uniform, interest bearing bonds, payable at definite dates
-fed govt assume debts states accumulated during Revolution
-encourage state & federal bondholders look to central gvt for eventual payment restored public credit
-bonds US were selling at home & abroad at prices above par value
-speculators reaped profits
-manufacturers profited from tariffs -
Policy of Neutrality
-Washington declares US neutrality face of emerging European conflicts
-He warns citizens no undermine the neutrality country at the risk of prosecution
-no aid nor harm any country
- those who break the law be punished & no further protection under the US -
Jay's Treaty
-goals: secure compensation recent british assaults of american shipping
-demand withdrawal british forces from frontier posts
-negotiate new commercial treaty failed
-settled conflict with british
-helped prevent possibility of war est undisputed american sovereignty over entire NW
-produced reasonably satisfactory commercial relationship w/ Britain -
Whiskey Rebellion
-farmers PA raised major challenge fed authority
-refused to pay whiskey excise tax
-began terrorizing tax collectors
-Washington called militias of three states, raised army & personally led troops into PA
- rebellion collapsed
-fed gvt won allegiance of whiskey rebels by intimidating them
-won loyalties other frontier people accept their territories as new states in the Union -
Pinckney's Treaty
-spain recognized right of americans navigate Mississippi to mouth
-deposit goods at new orleans for reloading on oceangoing ships
-agreed to fix the northern bounday of florida
-americans always had insisited it should be
-alongside 31st parallel required spanish authorities to prevent the indians in florida
-bc launching raids acorss border -
John Adams elected 2nd President
-presided over divided party
-faced strong & resourceful republican opposition committed
-extinction hamilton still remained the most influential federalist
-adams never challenge him effectively
-little talent at concilating differences
-soliciting support
-inspiring enthusiasm
-defeated jefferson by only 3 electoral votes -
Alien and Sedition Acts
-alien act
-placed new obstacles foreigners who wished become american citizens
-strengthened the president's hand in dealing w/ aliens sedition act
- allowed gvt prosecute those engaged against sedition
-gvt law made impossible for the federal gvt to stifle opposition alien act
- helped discourage immigration
-encouraged foreigners to leave -
Virginia Resolution and Kentucky Resolution
-used ideas of John Locke
-argue fed gvt formed by compact among states
-possessed only certain delegated powers whenever it exercised any undelegated powers
-its acts were unauthoritative, void
-no force KY (Jefferson)
resolve: f parties to the contract, the states, decided that central gvt had exceeded those powers
-right to nulify appropriate laws VA (Madison)
resolve: same claim only VA and KY declared the congressional statutes void -
Revolution of 1800 - Thomas Jefferson is elected
-Jefferson Republicans when votes for counted
-Jefferson & Aaron Burr both had 73
-House of Rep choose each state delegation would cast a ginel vote
-Federalists' decision
-beleived Burr unreliable to trust w/ presidency
-Jefferson became president -
Midnight appointments of president john adams
-Judiciary Act of 1801
-federalists reduced # supreme court justiceships by 1
-increased # federal judgeships
-Adams appointed federalists to the newly created positions
-there were charges that he stayed up until midnight on last day in office finish signing the new judges' commissions "midnight appointments" -
Historians' interpretations on why Constituion was written
-Charles A Beard
- economic interpretation US constituion
-1780s critical period for certain conservative business interests feared decentralized political structure of republic imperiled financial position
-wanted a gvt able promote industry & trade
protect private property
-make good the public debt constit
- economic document w/ skill by men property interests were at stake -
Historians' interpretations on why Constituion was written
-Jack Rakove
- Priginal Meanings
-constitution no product single intelligence or broad consensus result of a long/vigorous debate
-views of many different groups found their way into doc framers differed in views of proper relationship betwen federal &state gvt constituion is not infinitely malleable
-Rakove says neither does it have a fixed meaning
-can be reliable guide to how we interpret it