Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
Federal Powers Only
1. Regulate Foreign Commerce: Article I, Section 8, Clause 1, of the United States Constitution, known as the Commerce Clause, states that
Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes.
2. Regulate Interstate Commerce: Article I, Section 8, Clause 1 of the Constitution says that Congress has the authority to manage trade activities
between the states. In Gibbons v. Ogden (1824), Chief Justice John Marshall ruled that the power to regulate interstate commerce also included the
power to regulate interstate navigation.
3. Coin Money: Article 1, Section 8, Clause 5 gives Congress the power to coin money, regulate the value thereof, and fix the standard weight and
measure of foreign coins.
4. Establish Post Offices: The right to establish Post Offices and Post Roads found in Article I, Section 8, and Clause 10.
5. Control Naturalization and Immigration: The ability to establish an uniform Rule of Naturalization found in Article I, Section 8, and Clause 7.
6. Grant Patents and Copyrights: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the
exclusive right to their respective Writings and Discoveries; Found in Article I, Section 8, Clause 11.
7. Declare War and Peace: Article I, Section 8, Clause 11 allows Congress to declare war.
8. Admit New States: Article IV, Section 3, Clause 1, states, “New states may be admitted by the Congress into this Union; but no new state shall be
formed or erected within the jurisdiction of any other state; nor any state be formed by the Junction of two or more states, or Parts of States,
without the Consent of the Legislatures of the States concerned as well as of the Congress.”
9. Fix Standard Weights and Measures: Article I, Section 8, Clause 5 gives Congress the right to regulate the value of foreign coin, and fix the
standard of weights and measures.
10. Raise and Maintain an Army and Navy: In Article I, Section 8, Clause 12, Congress gets the power to raise and support Armies, and Clause 13
gives Congress the power to provide and maintain a Navy.
11. Govern the District of Columbia: When the United States Constitution was adopted on September 15, 1787, Article 1, Section 8, Clause 17,
included language authorizing the establishment of a federal district. This district was not to exceed 10 miles square, under the exclusive legislative
authority of Congress. On July 16, 1790, Congress authorized President George Washington to choose a permanent site for the capital city and, on
December 1, 1800, the capital was moved from Philadelphia to an area along the Potomac River. The census of 1800 showed that the new capital
had a population of 14,103. The District of Columbia Bicentennial Commission was established.
12. Conduct Foreign Relations: Article I, Section 10, Clause 3, states, “No State shall, without the Consent of Congress, lay any Duty of Tonnage,
keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in
War, unless actually invaded, or in such imminent Danger as will not admit of delay.” Article I, Section 8, Clause 3, states, “To regulate Commerce
with foreign Nations, and among the several States, and with the Indian Tribes.”
13. Set Uniform Laws for Bankruptcy: Article I, Section 8, Clause 4, gives Congress the power to establish uniform laws on the subject of
bankruptcies throughout the United States.
14. Govern Territories: Congress is given the right to govern territories in Article IV, Section 3, Clause 2, where it says, “The Congress shall have
Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and
nothing in this Constitution shall be so construed as to the Prejudice any Claims of the United States, or of any particular State.
Limitations on the Federal Government
15. Bill of Rights Guarantees for Individuals: The Bill of Rights is made up of the first ten amendments. Amendment 1 allows for the freedom of
religion, of speech, of the press, to assemble, and to petition the Government. The Second Amendment gives people the right to keep and bear
arms. Because of the Third Amendment, no soldiers can be quartered in any house without consent in a time of peace. The Fourth Amendment
gives the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches without a warrant. Amendment
Five allows everyone to be seen by the Grand Jury, prevents people from being tried twice for the same crime, prevents people from having to
testify against themselves, prevents people from being deprived of life, liberty, or property, without due process of law, or having their private
property taken away for public use without proper compensation. The Sixth Amendment guarantees the right to a speedy and public trial, and a
right to a jury, assistance with obtaining witnesses, and a lawyer. The Seventh Amendment guarantees the right to a trial by jury for any suit in over
twenty dollars value. The Eighth Amendment protects people from excessive bail, excessive fines, or cruel and unusual punishment. The Ninth
Amendment declares that just because certain rights are not mentioned in the Constitution does not mean that they do not exist. Courts may not
infer from the silence of the Constitution that an unlisted right is unavailable to protect individuals from the government. The Tenth Amendment
restates a fundamental constitutional rule: If a particular power was not assigned to the federal government by the Constitution itself, then the states
may exercise the power, unless the Constitution also prohibits the states from exercising it. The Tenth Amendment also states that people are free
to act, without permission of the federal government, in areas outside the scope of the federal government's powers.
16. No Ex Post Facto Laws: Article I, Section 9, Clause 3, states that no ex post facto law shall be passed.
17. No Bill of Attainder: Article I, Section 9, Clause 3, states that no Bill of Attainder Law shall be passed.
18. Appropriation for the Military Limited to Two Years: Article I, Section 8, Clause 12, gives Congress the right to raise and support armies, but
no Appropriation of money to that use shall be for a longer term than two years.
19. May not Suspend Habeas Corpus Except in a Crisis: Article I, Section 9, Clause 2 states, “The Privilege of the Writ of Habeas Corpus shall not
be suspended, unless when in cases of Rebellion or Invasion the Public Safety may require it.”
20. May not Favor One Port Over Another: Article I, Section 9, Clause 6, states, “No Preference shall be given by any Regulation of commerce or
Revenue to the ports of one state over those of another.”
21. No Taxes on Exports: Article I, Section 9, Clause 5, states, “No Tax or Duty shall be laid on Articles exported from any state.”
22. May Not Grant Titles: Article I, Section 9, Clause 8, says that no Title of Nobility shall be granted by the United States, and no one can accept
any present, Emolument, office, or Title from any King, Prince, or foreign state.
Federal and State Powers
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
23. To Tax, To Borrow, and to Spend Money: Article I, Section 8, Clauses 1 and 2- The Congress shall have Power to lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States; to borrow money on the credit of the United States
24. To Control the Militia: Article I, Section 8, Clause 16- To provide for organizing, arming, and disciplining the Militia, and for governing such
Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointments of the Officers and the
Authority of training the Militia according to the discipline prescribed by Congress.
25. Both Governments Could Now Act Directly on the Individuals: Article I, Section 8, Clause 17, states the right, “To exercise exclusive
legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of
Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the
legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings…”
26. To Establish Banks: Article I, Section 8, Clause 18 of the Constitution states that Congress shall have the power "to make all laws which shall be
necessary and proper for carrying into execution...powers vested by this Constitution in the government of the United States." Using this clause
Alexander Hamilton argued that this included the right to establish a Federal Bank. The Supreme Court of the United States agreed and declared
that although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a
bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenues.
27. To Create Police Force: Article I, Section 8, Clause 1 allows for the right of the State and Federal Government to “provide for the common
Defense and general Welfare of the United States” this providing reason to create a police force.
State Powers Only
28. Conduct Elections: Article IV, Section 1, gives the State power over the public acts in their state. Also Section 4 says that the “United States shall
guarantee to every State in this Union a Republican Form of Government”
29. Establish Qualifications for Voters: Article IV, Section 2, Clause 1- “Citizens of each State shall be entitled to all Privileges and Immunities of
Citizens in the several States” including the requirements and qualifications to vote.
30. Provide Local Governments: Article IV, Section 4 says that the “United States shall guarantee to every State in this Union a Republican Form of
Government” this provides for their right to create Local Governments so long as they are in a Republican Form
31. Ratify Amendments to the Constitution: Article V allows amendments to the Constitution to be proposed providing two-thirds of both Houses
deem it necessary.
32. Regulate Contracts, Wills: In the emergency of national depression, the removal of obligation to contracts will be considered reasonable. This
goes back on the Contract Clause in Article I, Section 10, but has been deemed by the Supreme Court.
33. Regulate Intrastate Commerce: Article I, Section 8, tells that one of the powers granted to the Federal Government is to regulate commerce in
three areas: between states, foreign nations and with the Indian tribes. The category not mentioned is intrastate. It is implied that intrastate
commerce is within the province of the states to regulate.
34. Provide Education: In the United States, as per the Tenth Amendment, all powers which are not assigned to the federal government by the U.S.
Constitution are reserved to the people or individual states. Since the federal Constitution does not mention education, and the U.S. Supreme Court
has held conclusively there is no federal Constitutional right to an education, public education has always been under the general control of the
individual states
35. Levy Direct Taxes (Before the 16th Amendment Permitted the Federal Government to Levy Direct Taxes): The Constitution provides for
“the general Welfare” of the citizens of the United States. The taxes were providing for the welfare of the citizens, so States being able to levy taxes
goes along with this “General Welfare Clause”
36. Exercise Police Power Over the Public’s Health, Safety, and Morals: Article I, Section 8, Clause 1 allows for the right of the State and Federal
Government to “provide for the common Defense and general Welfare of the United States” this providing reason to create a police force. The
Fourteenth Amendment also conveys that no State may “deprive any person of life, liberty, or property, without due process of the law; nor deny
any person within its jurisdiction the equal protection of the law”
37. Maintain Integrity of State Borders --- No Change Without Approval of States Involved: Article IV, Section 3 says, “no new State shall be
formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States,
without the Consent of the Legislatures of the States concerned…”
Limitations on State Governments
38. No Ex Post Facto Laws: Article I, Section 9, states, “No Bill of Attainder or ex post facto Law shall be passed” An ex post facto law is one which
makes a particular act illegal, and punishes people who committed that crime before the law was passed, ie, when the act was legal.
39. No Bill of Attainder: Article I, Section 9, states, “No Bill of Attainder or ex post facto Law shall be passed” A bill of attainder (also known as an
act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of
a trial.
40. May Not Enter into a Treaty, Alliance, or Confederation: Section 10, Clause 1 of Article I says, “No State shall enter into any Treaty, Alliance,
or Confederation”
41. May Not Grant Letters of Marque and Reprisal: Article I, Section 10, says “No State shall…grant Letters of Marque and Reprisal” Letters of
Marque and Reprisal are written authorization given by a government to privateers to conduct reprisals against an enemy state.
42. May Not Impair Contracts: Article 1, Section 10 also says that no state shall pass any “Law impairing the Obligation of Contracts”. The
obligation of contracts consists in the necessity under which a man finds himself to do, or to refrain from doing something.
43. May Not Print Money or Emit Bills of Credit: Section 10 of Article I says that no State may, “coin Money, emit Bills of Credit; make any Thing
but gold and silver Coin a Tender in Payment of Debts…”
44. May Not Levy Export of Import Taxes: Article I, Section 10 also says that “No state shall, without the consent of Congress, lay imposts or duties
on imports or exports, nor with such consent, but to the use of the treasury of the United States.”
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
45. May Not Wage War (Unless Invaded): “No State shall, without the Consent of Congress, lay any duty of Tonnage….or engage in War, unless
actually invaded, or in such imminent Danger as will not admit of delay” Article I, Section 10
Terms
46. Logrolling: This refers to the practice of representatives or senators exchanging votes for each others' pet bills.
47. Riders: Separate, unrelated clauses added to a bill in the legislature, either in order to ensure that the bill passes or to ensure that it fails.
48. Quorum: The minimum number of members of Congress who must be present in order to hold a session. In Congress, this number is more than
half of the members.
49. Seniority: Part of the committee system. A member of Congress in a committee moves up in rank in that committee as long as he is reelected.
50. Committee System: After a bill is introduced in Congress, it is assigned to a small group of legislators for review and consideration, and the
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committee must vote to approve the bill before it is returned to the Senate or the House for a vote.
Majority Leader: The person elected, by the majority party of Congress, to be leader of the majority party in Congress.
Majority Whip: The person who tells members of the majority party in Congress how they should vote.
Minority Leader: The person elected, by the minority party of Congress, to be leader of the minority party in Congress.
Minority whip: The person who tells members of the minority party in Congress how they should vote.
Gerrymander: The practice of drawing the boundary lines of Congressional voting districts to give a particular political party an advantage when
electing representatives. First used during Eldbridge Gerry’s second term as governor of Massachusetts, the term comes from a combination of
Gerry's name and a reference that the shape of the district boundary resembled a salamander.
Common Law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than
legislative action.
Statute Law: Presently the most important source of law is statute law, otherwise known as Acts of Parliament; which may create entirely new
law, over-rule, modify, or extend existing principles of common law and equity, and repeal or modify existing Statute law.
Civil Law: Law developed by governmental groups including statutes, regulations and ordinances enacted by legislative bodies such as Congress,
state legislatures, county and city officials. This is different than laws based on custom.
Equity Law: unwritten law that attempts to prevent an injustice from happening
Admiralty and Maritime Law: These laws govern navigation and shipping not only in U.S. tidal waters, but also any waters within the United
States used for navigation (navigable waters). These generally include the oceans of the world as well as large lakes or rivers that can be used for
commercial shipping. Navigable waters are divided into territorial waters and the high seas. Territorial waters are close to land while the high seas
are waters that are further away from land.
Martial Law: the body of law imposed by the military over civilian affairs (usually in time of war or civil crisis); overrides civil law
International Law: the body of laws governing relations between nations
Cannon Law: the body of codified laws governing the affairs of a Christian church
Majority Opinion: the opinion joined by a majority of the court (generally known simply as `the opinion')
Minority Opinion or Dissenting Opinion: an opinion that disagrees with the court's disposition of the case
Concurring Opinion: an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
Full Faith and Credit Clause: US Code 1738. If a judgment is valid according to the rendering court’s law then it must be enforced by any sister
state’s courts.
Due Process Clause: a clause in a constitution prohibiting the government from depriving a person of life, liberty, or property without due process
of law
Equal Protection Clause: the clause in the Fourteenth Amendment to the U.S. Constitution that prohibits any state from denying to any person
within its jurisdiction the equal protection of the laws
Supremacy Clause: Article VI of the Constitution, which declares the Constitution, all federal laws passed pursuant to its provisions, and all
federal treaties, to be the "supreme law of the land," which overrides any state laws or state constitutional provisions to the contrary.
All Seven Articles: Article One of the United States Constitution establishes the legislative branch of the United States government, known as the
Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of
members of each House. In addition, it outlines legislative procedure and enumerates the powers vested in the legislative branch. Finally, it
establishes limits on federal and state legislative power. Article Two of the United States Constitution creates the executive branch of the
government, comprising the President and other executive officers. Article Three of the United States Constitution establishes the judicial branch of
the federal (national) government. The judicial branch comprises the Supreme Court of the United States along with lower federal courts
established pursuant to legislation by Congress. Article Four of the United States Constitution relates to the states. It provides for the
responsibilities states have to each other, and the responsibilities the federal government has to the states. Furthermore, it provides for the
admission of new states and the changing of state boundaries. Article Five of the United States Constitution describes the process whereby the
Constitution may be altered. Such amendments may be proposed by the United States Congress or by a national convention assembled at the
request of the legislatures of at least two-thirds of the several states. To become valid, amendments must then be ratified by either the legislatures
of or ratifying conventions held in three-fourths of the several states Article Six establishes the United States Constitution and the laws and treaties
of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. Article Seven of the United States
Constitution describes the process by which the entire document is to be ratified and take effect. Upon its ratification by conventions from at least
nine states of the thirteen existing at the time, the Constitution would take effect among those states.
27 Amendments: The First Amendment to the United States Constitution is a part of the United States Bill of Rights. Textually, it prevents the
U.S. Congress from infringing on six rights. It forbids laws that: Establish a state religion or prefer certain religion (the "Establishment Clause");
Prohibit the free exercise of religion (the "Free Exercise Clause"); Infringe the freedom of speech; Infringe the freedom of the press; Limit the right
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
to assemble peaceably; Limit the right to petition the government for a redress of grievances. Amendment II (the Second Amendment) of the
United States Constitution, which is part of the Bill of Rights, declares the necessity for "a well regulated militia", and prohibits infringement of
"the right of the people to keep and bear arms". Amendment III (the Third Amendment) to the United States Constitution is a part of the United
States Bill of Rights. It prohibits the quartering of soldiers (military personnel) in private homes without the owner's consent in peacetime. It makes
quartering legally permissible in wartime only, but only in accordance with law. The Founding Fathers' intention in writing this amendment was to
prevent the recurrence of soldiers being quartered in private citizens' houses as was done in Colonial America by the British military under the
Quartering Act before the American Revolution (1775/6). Amendment IV (the Fourth Amendment) of the United States Constitution, which is part
of the Bill of Rights, guards against unreasonable searches and seizures. Amendment V (the Fifth Amendment) of the United States Constitution,
which is part of the Bill of Rights, is related to legal procedure. Its guarantees stem from English common law. For instance, grand juries and the
phrase "due process" both trace their origin to common law. Amendment VI (the Sixth Amendment) of the United States Constitution codifies
rights related to criminal prosecutions in federal courts. The Supreme Court has ruled that these rights are so fundamental and important that they
are protected in state courts by the Fourteenth Amendment's Due Process Clause. Amendment VII (the Seventh Amendment) of the United States
Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. The Supreme Court has not extended the
Amendment to the states under the Fourteenth Amendment, as it has for many other components of the Bill of Rights. Amendment VIII (the
Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and
unusual punishment. The phrases employed are taken from the English Bill of Rights. Amendment IX (the Ninth Amendment) to the United States
Constitution, which is part of the Bill of Rights, states:” The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.” Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of
Rights, was ratified on December 15, 1791. It states:” The powers not delegated to the United States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people.” Amendment XI (the Eleventh Amendment) of the United States Constitution was
passed by the US Congress on March 4, 1794 and was ratified on February 7, 1795.“The Judicial power of the United States shall not be construed
to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or
Subjects of any Foreign State.” The Twelfth Amendment to the United States Constitution altered Article II pertaining to presidential elections.
Article Two said that the U.S. Electoral College would elect both the President and the Vice President in a single election; the person with a
majority would become President and the runner-up would become Vice President. Problems with this system were demonstrated by the election of
1796 and, more spectacularly, the election of 1800. The Twelfth Amendment proposed by the U.S. Congress on December 9, 1803 and ratified by
the requisite number of state legislatures on June 15, 1804, required electors to cast two distinct votes: one for President and another for Vice
President. Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery and, with the exception of allowing
punishments for crimes, prohibits involuntary servitude. The article states:” Section 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their
jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.” The Fourteenth Amendment to the United
States Constitution is one of the post-Civil War amendments and includes the Due Process and Equal Protection Clauses. It was proposed on June
13, 1866, and ratified on July 9, 1868. The amendment provides a broad definition of national citizenship, overturning a central holding of the
Dred Scott case. It requires the states to provide equal protection under the law to all persons (not only to citizens) within their jurisdictions. The
framers' main intent was to ensure equal protection regardless of race, while including some protection of the right to vote. Amendment XV (the
Fifteenth Amendment) of the United States Constitution grants voting rights regardless of race. Amendment XVI (the Sixteenth Amendment) of
the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. The amendment states:” The
Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States,
and without regard to any census or enumeration.” Amendment XVII (the Seventeenth Amendment) of the United States Constitution ratified on
April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators
by the people of a state rather than their election or appointment by a state legislature. It was passed and ratified during the Progressive Era. It
states:” The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each
Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State
legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until
the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of
any Senator chosen before it becomes valid as part of the Constitution.” Amendment XVIII (the Eighteenth Amendment) of the United States
Constitution, along with the Volstead Act (which defined "intoxicating liquors"), established Prohibition in the United States. Amendment XIX
(the Nineteenth Amendment) to the United States Constitution (sometimes called the Susan B. Anthony Amendment) grants voting rights
regardless of the voter's sex: “The right of citizens in the United States to vote shall not be denied or abridged by the United States or by any State
on account of gender. Congress shall have power to enforce this article by appropriate legislation.” Amendment XX (the Twentieth Amendment) of
the United States Constitution, also called The Lame Duck Amendment, establishes some details of presidential succession and of the beginning
and ending of the terms of elected federal officials. Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the
Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. The Twenty-second Amendment of the
United States Constitution sets a term limit for the President of the United States, providing that "No person shall be elected to the office of the
President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which
some other person was elected President shall be elected to the office of the President more than once." Prior to the adoption of the amendment, the
constitution set no limit on the number of presidential terms. The United States Congress proposed the amendment on March 21, 1947. It was
ratified by the requisite number of states on February 27, 1951. Amendment XXIII was the twenty-third Amendment to the United States
Constitution which permits the District of Columbia to choose Electors for President and Vice President. The amendment was proposed by
Congress on June 17, 1960, and ratified by the states on March 29, 1961. Amendment XXIV (the Twenty-fourth Amendment) of the United States
Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other type of
tax. The amendment was proposed by Congress to the states on August 25, 1962 and was ratified by the states on January 23, 1964. Amendment
XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
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the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential
disabilities. Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution states:” Section 1.The right of citizens of the
United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of
age. Section 2.The Congress shall have power to enforce this article by appropriate legislation.” Amendment XXVII (the Twenty-seventh
Amendment) to the United States Constitution reads: “No law, varying the compensation for the services of the Senators and Representatives, shall
take effect, until an election of Representatives shall have intervened.”
Separation of Powers: The powers of the government are divided between three branches: the executive, the legislative, and the judiciary.
Division of Powers: The United States Government created a system to divide the powers of the government so one person did not have all of the
power. This was done using the Checks and Balance System, as well as giving some power to the state governments, not just to the federal
government.
Delegated Powers: also called "enumerated powers", are those granted to Congress by the United States Constitution. The powers are specifically
dictated by Article I, Section 8 of the Constitution as being granted to the Congress.
Concurrent Powers: In the United States, concurrent powers are powers held by both the states and the federal government and may be exercised
simultaneously within the same territory and in relation to the same body of citizens. Contrast with delegated powers and reserved powers. Some of
the concurrent powers enjoyed by both the federal and state governments are: the power to tax, make roads, protect the environment, create lower
courts and borrow money. A common misconception is that concurrent powers are shared powers between the central and state government. This is
a misnomer- concurrent powers are a collection of powers that the states and federal government have in common, not shared.
Reserved Powers: Reserved powers, under the Tenth Amendment to the United States Constitution powers that the United States Constitution
does not give to the federal government, or forbid to the states, are reserved to the people or the states.
Implied Powers: in relation to the U.S. Constitution, are powers not specifically given to the Federal Government of the United States. Implied
powers are derived from an enumerated power and the Necessary-and-proper clause. The States and Anti-Federalists referred to it as the "Elastic
Clause" because they felt it allowed the Federal Government to "stretch" its power to encompass almost any situation. These powers are not stated
specifically but are considered to be "reasonably" implied through the exercise of delegated powers. These powers give Congress flexibility when it
comes to carrying out their powers. The implied powers of the Federal government was a conception idea formed after Thomas Jefferson decided
to go ahead with the Louisiana Purchase in 1803, although the Constitution did not explicitly give him the power to do so. Later, the implied
powers played an important role in the court decision of McCulloch v. Maryland, with the Second Bank of the United States using the idea to argue
the constitutionality of Congress's creating it in 1816.
Protection of Civil Libertys: It was very important that the United States pay attention to the protection of their civil liberties as well as the civil
liberties of American citizens.
Adaptability: the U.S. Government was capable of adapting to certain things.
Ratification: The Constitution had to be ratified (approved) by at least 9 of the 13 original states in order to be put into effect.
You Should Know
82. How a Bill Becomes a Law: In order for a bill to become a law, it must be introduced to committee and be approved. Then it must be voted on by
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the House of Representatives, and then voted on by the Senate, or vice versa, depending on the branch in which the bill was first introduced.
Finally, it must be signed by the President.
That Each House Judges the Qualifications of Its Members: Representatives are elected directly by the people, with the number of
representatives for each state determined by the state’s population. Senators were originally appointed by state legislatures, but now they are
elected directly by the people. Each state has two senators.
That members of Congress may not hold another federal office: Article 1 Section 6 of the Constitution states that “No Senator or
Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which
shall have been created, or the Emoluments whereof shall have been increased during such time.”
That members of Congress are free from arrest for anything said on the floor of Congress: Article 1 of the Constitution states that members
of Congress are free from arrest for anything said on the floor of Congress.
Qualifications of Congressional Elected Officials: HOUSE: “No Person shall be a Representative who shall not have attained to the Age of
twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected be an Inhabitant of the State in which he
shall be chosen. SENATE: “No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of
the United States, and who shall not, when elected be an Inhabitant of that State for which he shall be chosen.”
Number of Congressional Members: There are 535 members in Congress. Each state is represented with two senators (totaling 100), and at least
one Representative without having more than one representative per thirty thousand citizens per state. Currently there are 435 members of the
House of Representatives.
Official Leaders of Congress: Congress is made up of two houses, the House of Representatives and the Senate. The House of Representatives
chooses their Speaker of the House and other officers. The Vice President acts as the President of the Senate, and the members of the Senate choose
their other officers and the President pro tempore.
Limited Debate in House (Exception): The standing orders of the House do not establish any formal time limits for debates. The Speaker may,
however, order a Member who persists in making a tediously repetitive or irrelevant speech to stop speaking, the speaker can not however stop all
filibustering, which is made easier for a Member by the rule which allows a Member to give way temporarily to another Member before retaking
the baton and continuing his or her speech. The time set aside for debate on a particular motion is, however, often limited by informal agreements
between the parties. Debate may, however, be restricted by the passage of "Guillotine Motions". Alternatively, the House may put an immediate
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
end to debate by passing a motion to invoke the Closure. The Speaker is allowed to deny the motion if he or she believes that it infringes upon the
rights of the minority.
90. Impeachment Procedures: The procedure is in two steps. The House of Representatives must first pass "articles of impeachment" by a simple
majority. All fifty state legislatures as well as the District of Columbia city council may also pass articles of impeachment. The articles of
impeachment constitute the formal allegations. Upon their passage, the defendant has been "impeached. “Next, the Senate tries the accused. In the
case of the impeachment of a President, the Chief Justice of the United States presides over the proceedings. Otherwise, the Vice President, in his
capacity of President of the Senate, or the President pro tempore of the Senate presides. This would include the impeachment of the Vice President
him- or herself. In order to convict the accused, a two-thirds majority of the senators present is required. Following conviction, the Senate may vote
to punish the individual only by removing him from office, or by barring him from holding future office, or both. Alternatively, it may impose no
punishment. However in the case of executive officers, removal follows automatically upon conviction. The defendant remains liable to criminal
prosecution. It is possible to impeach someone even after the accused has vacated his office in order to disqualify the person from such emoluments
of office as a pension.
91. Money Bill Origination: In the Westminster system, a money bill or supply bill is a bill that solely concerns taxation or government spending
(also known as appropriation of money), as opposed to changes in public law.
92. Filibuster in Senate: In a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or
completely prevent a vote on its passage. The term first came into use in the United States Senate, where Senate rules permit a senator, or a series
of senators, to speak for as long as they wish and on any topic they choose.
93. Closure (Cloture): In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process
aimed at bringing debate to a quick end. The procedure originated in the French National Assembly, from which the name (originally clôture) in
French is taken. It was introduced into the United Kingdom Parliament by William Gladstone to overcome the obstruction of the Irish nationalist
party and was made permanent in 1887. It was subsequently adopted by the United States Senate and other legislatures.
94. Special Powers of Each House in Congress: Congress has the power to lay and collect taxes, coin money, provide punishment of counterfeiting
to securities and current coin of the United States. It also has the power to establish post offices and post roads, the right to their respective
writings and discovers, the power to define punish piracies and felonies and the power to declare war. They may provide and maintain a Navy,
provide for calling fourth of the militia, organize, arm and discipline the militia. They may also make all laws which shall be necessary and proper.
95. Executive Qualifications for Election: Must be natural born Citizen of the United States. The person much be of 35 years of age or older, and has
been a resident of the United States for the 14 consecutive years before running.
96. Executive Constitutional Responsibilities: The President must be Commander in Chief of the Army and Navy and the Chief Executive. He also
has the power to make treaties, appoint ambassadors, judges to the Supreme Court, and other offices of the United States, with Senate consent.
97. Executive Unofficial Responsibilities: The executive branch is responsible for many things other than what is written in the Constitution. He
must make State of the Union Addresses as well as many other speeches in order to keep the American public informed with what is going on in
out country.
98. Republican Form of Government: In a broad definition, a republic is a state whose political organization rests on the principle that the citizens or
electorate constitute the ultimate root of legitimacy and sovereignty. Several definitions, including that of the 1911 Encyclopedia Britannica, stress
the importance of autonomy and the 'rule of law' as part of the requirements for a Republic. [1] Nonetheless, in practice most nations that do not
have a hereditary monarchy call themselves a Republic, and in its broadest sense the idea of a Republic can include almost any form of government
that is not a Monarchy.
99. Checks and Balances: Examples of checks and balances in the Constitution are the congressional power to impeach the president and the
presidential power to appoint his cabinet. This system helps to keep all three branches of the government in check and maintain equal amounts of
power.
100. Congressional Voting Procedures: roll call votes: “yea, or nay,” with the names recorded. A voice vote is “yea or nay,” but a Senator/Member’s
name is not recorded with their vote.
Articles of Confederation
101. Maryland, Cession of Western Land Claims: After the Revolutionary War, many states claimed all of the western land between their
northernmost and southernmost borders, which meant that many strips of land were claimed by more than one state. The Continental Congress was
trying to get the states to ratify the Articles of Confederation, but Maryland refused to ratify it until all the states gave their western land claims.
Maryland held out, and the western land claims were abandoned.
102. Strengths, Weaknesses of the Articles of Confederation: The Articles of Confederation delegated most of the powers (the power to tax, to
regulate trade, and to draft troops) to the individual states, but left the federal government power over war, foreign policy, and issuing money. The
Articles’ weakness was that they gave the federal government so little power that it couldn’t keep the country united.
103. New State Constitutions during the War for Independence and After: The first set of constitutions drafted by the individual states placed most
of the government’s power in the legislature, and almost none in the executive in order to promote democracy and avoid tyranny. However, without
the strong leadership of the executive, the state legislatures argued among themselves and couldn’t get anything done. After the Constitution was
written, the states abandoned these old constitutions and wrote new ones that better balanced the power between the legislative and the executive.
104. Social Impact of the War: The Revolutionary War saw the emergence of the first anti-slavery groups, and many of the northern states abolished
slavery after the war. Women gained a small status increase for their efforts in the war, but they were primarily valued as mothers of future patriots.
105. Primogeniture and Entail: These were the two British legal doctrines governing the inheritance of property. Primogeniture required that a man's
real property pass in its entirety to his oldest son. Entail required that property could only be left to direct descendants (usually sons), and not to
persons outside of the family.
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
106. Disestablishment, Virginia Statute of Religious Freedom: 1779 - Written by Thomas Jefferson, this statute outlawed an established church and
called for separation of Church and State.
107. Massachusetts’s New Popular Vote State Constitution: The first set of constitutions drafted by the individual states placed most of the
government's power in the legislature, and almost none in the executive in order to promote democracy and avoid tyranny. However, without the
strong leadership of the executive, the state legislatures argued among themselves and couldn't get anything done. After the Constitution was
written, the states abandoned these old constitutions and wrote new ones that better balanced the power between the legislative and the executive.
108. Newburgh Conspiracy: The officers of the Continental Army had long gone without pay, and they met in Newburgh, New York to address
Congress about their pay. Unfortunately, the American government had little money after the Revolutionary War. They also considered staging a
coup and seizing control of the new government, but the plotting ceased when George Washington refused to support the plan.
109. Successes of the Articles- The Articles' only major success was that they settled western land claims with the Northwest Ordinance. The Articles
were abandoned for the Constitution.
110. Pennsylvania Militia Routs Congress, 1783- Unpaid Revolutionary War veterans staged a protest outside Congress' meeting hall, forcing
Congress to move to Princeton, New Jersey.
111. Northwest Posts- British fur-trading posts in the Northwest Territory. Their presence in the U.S. led to continued British-American conflicts.
112. Land Ordinance of 1785- A major success of the Articles of Confederation. Provided for the orderly surveying and distribution of land belonging
to the U.S.
113. Northwest Ordinance of 1787- A major success of the Articles of Confederation. Set up the framework of a government for the Northwest
territory. The Ordinance provided that the Territory would be divided into 3 to 5 states, outlawed slavery in the Territory, and set 60,000 as the
minimum population for statehood.
114. Proposed Jay-Gardoqui Treaty, 1785- This treaty between the U.S. and Spain would have given the U.S. special privileges at Spanish ports in
exchange for giving Spain exclusive rights to the Mississippi River. The U.S. needed access to the Mississippi more than they needed privileged
trade with Spain, so this treaty was never signed.
115. Shays’s Rebellion- Occurred in the winter of 1786-7 under the Articles of Confederation. Poor, indebted landowners in Massachusetts blocked
access to courts and prevented the government from arresting or repossessing the property of those in debt. The federal government was too weak
to help Boston remove the rebels, a sign that the Articles of Confederation weren't working effectively.
116. Annapolis Convention, 1786- A precursor to the Constitutional Convention of 1787. A dozen commissioners form New York, New Jersey,
Pennsylvania, Delaware and Virginia met to discuss reform of interstate commerce regulations, to design a U.S. currency standard, and to find a
way to repay the federal government's debts to Revolutionary War veterans. Little was accomplished, except for the delegates to recommend that a
further convention be held to discuss changes to the form of the federal government; the idea was endorsed by the Confederation Congress in
February, 1878, which called for another convention to be held in May that year in Philadelphia.
117. 1780’s Depression- Caused by a post-war decrease in production and increase in unemployment, and also caused by tough interstate commerce
rules which decreased trade.
118. Noah Webster- Wrote some of the first dictionaries and spellers in the U.S. His books, which became the standard for the U.S., promoted
American spellings and pronunciations, rather than British.
Writing of the Constitution, Ratification
119. Mount Vernon Conference- conference leading to the Annapolis Convention, Philadelphia Convention, and later ratification of the Constitution.
120. Annapolis Convention- A precursor to the Constitutional Convention of 1787. A dozen commissioners form New York, New Jersey,
Pennsylvania, Delaware and Virginia met to discuss reform of interstate commerce regulations, to design a U.S. currency standard, and to find a
way to repay the federal government's debts to Revolutionary War veterans. Little was accomplished, except for the delegates to recommend that a
further convention be held to discuss changes to the form of the federal government; the idea was endorsed by the Confederation Congress in
February, 1878, which called for another convention to be held in May that year in Philadelphia.
121. Philadelphia Convention- Beginning on May 25, 1787, the convention recommended by the Annapolis Convention was held in Philadelphia. All
of the states except Rhode Island sent delegates, and George Washington served as president of the convention. The convention lasted 16 weeks,
and on September 17, 1787, produced the present Constitution of the United States, which was drafted largely by James Madison.
122. Delegates: Alexander Hamilton, George Washington, Benjamin Franklin- Alexander Hamilton attended the first constitutional convention
saved it from complete failure by ordering that the convention not just meet about commerce, but meet later in Philadelphia and overview the entire
Articles of Confederation, Hamilton represented an important factor in organizing the final constitution. Washington was an excellent leader, and
showed patience, courage and self-discipline toward the colonists. He represented a leader and a great moral force that the colonists would need in
the oncoming situation. Benjamin Franklin was a printer, author, inventor, diplomat, statesman, and Founding Father. He was one of the few
Americans who were highly respected in Europe, primarily due to his discoveries in the field of electricity.
123. Montesquieu, “The Spirit of Laws”- He believed that the government's power should be divided into separate branches, that the government
should be close to the people, and that laws should reflect the will of the people.
124. John Locke, “Second Treatise of Government”- He wrote that all human beings have a right to life, liberty, and property and that governments
exist to protect those rights. He rejected the theory of the Divine Right of the monarchy, and believed that government was based upon a "social
contract" that existed between a government and its people. If the government failed to uphold its end of the contract by protecting those rights, the
people could rebel and institute a new government.
125. Hobbes- English philosopher who believed that people are motivated mainly by greed and fear, and need a strong government to keep them under
control. He developed the theory that kings are given their position by divine right, and thus should have absolute power.
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
126. James Madison, “Father of the Constitution”- His proposals for an effective government became the Virginia Plan, which was the basis for the
Constitution. He was responsible for drafting most of the language of the Constitution.
127. Great Compromise- At the Constitutional Convention, larger states wanted to follow the Virginia Plan, which based each state's representation in
Congress on state population. Smaller states wanted to follow the New Jersey Plan, which gave every state the same number of representatives. The
convention compromised by creating the House and the Senate, and using both of the two separate plans as the method for electing members of
each.
128. Virginia Plan, New Jersey Plan, Connecticut Plan- the Virginia Plan called for a two-house Congress with each state's representation based on
state population. The New Jersey Plan called for a one-house Congress in which each state had equal representation. The Connecticut Plan called
for a two-house Congress in which both types of representation would be applied, and is also known as the Compromise Plan.
129. North-South Compromises- The North was given full federal protection of trade and commerce. The South was given permanent relief from
export taxes and a guarantee that the importation of slaves would not be halted for at least 20 years, plus the national capitol was placed in the
South. Slaves were also deemed to be counted as 3/5 of a person when determining the state population, thus giving the Southern states a greater
number of representatives in the House.
130. Slavery and the Constitution: Slave-Trade, Three-Fifths Clause- The South's slave trade was guaranteed for at least 20 years after the
ratification of the Constitution. Slaves were considered 3/5 of a person when determining the state population.
131. Procedures for Amendments- An amendment to the Constitution may be proposed if 2/3 of Congress or 2/3 of state legislatures vote for it. The
amendment may then be added to the Constitution by a 3/4 vote of state legislatures or state conventions.
132. Beard Thesis, His Critics- Charles Austin Beard wrote in 1913 that the Constitution was written not to ensure a democratic government for the
people, but to protect the economic interests of its writers (most of the men at the Constitutional Convention were very rich), and specifically to
benefit wealthy financial speculators who had purchased Revolutionary War government bonds through the creation of a strong national
government that could insure the bonds repayment. Beard's thesis has met with much criticism.
133. Fiske “The Critical Period of American History”- book written by John Fiske. This book contains the substance of the course of lectures given
in the Old South Meeting-House in Boston in December, 1884, at the Washington University in St Louis in May, 1885, and in the theatre of the
University Club in New York in march, 1886. In its present shape it may serve as a sketch of the political history of the United States from the end
of the revolutionary war to the adoption of the Federal Constitution. It makes no pretensions to completeness, either as a summary of the events of
that period or as a discussion of the political questions involved in them.
134. Antifederalists- loose alliance of politicians and citizens in 1787-88 who supported strong state governments and opposed ratification of the
Constitution. Antifederalists agreed that the proposed Constitution would give the national government too much power. They felt that the state
governments would become too weak and the national government too removed from local conditions, resulting in a loss of freedom. Some
Antifederalists opposed the Constitution because it did not have a bill of rights; others, remembering their experience as British colonists, opposed
the federal government's having the power to tax. Leading Antifederalists included Patrick Henry, George Mason, and James Monroe of Virginia,
Samuel Adams and Elbridge Gerry of Massachusetts, Robert Yates and George Clinton of New York, and Samuel Chase of Maryland. Despite
their defeat, they prevailed in the matter of securing a set of amendments guaranteeing individual liberties; Congress framed the Bill of Rights in
1789, and all states had ratified them by 1791.
135. Supporters of the Constitution- Like the separation of powers, the allocation of powers between the national and state governments was meant to
be a safeguard against undue concentration in one sphere of authority. The Civil War and the postwar amendments augmented the national role; the
amendments in effect nationalized the Bill of Rights. They altered, but did not obliterate the federal system. The development of the national-state
distribution of powers, as with the separation of powers, has been marked by flexibility rather than an either-or ordering. The Constitution itself
designates few powers as exclusively national: naturalization, bankruptcy laws, taxation of imports and exports. Others, by their nature, must be
exclusive, like the borrowing of money on the credit of the United States. Nor is there a list of powers reserved to the states; these are residual, as
declared by the Tenth Amendment. The demarcation of the great powers that are the engine of government, notably the regulation of commerce
and the taxing and spending power, was left to be worked out by congressional and state legislative assertions of authority and by Supreme Court
review in cases and controversies coming before it in ordinary litigation.
136. Opponents of the Constitution- The Framers feared both the despotism of a monarch and the tyranny of a fixed popular majority. For the central
problem of a republic, the design of the electoral process, they adopted a series of provisions calculated to filter the popular will through a screen of
minds deemed virtuous and wise. Thus the president would be chosen by electors in the several states or, failing a majority, by the House of
Representatives. Senators would be chosen by the state legislatures, and qualifications to vote for members of the House would parallel, state by
state, their own prescribed qualifications for the suffrage.
137. Patrick Henry- 1736-99, colonial orator and statesman during the American Revolution. Henry served in the Virginia House of Burgesses, where
he denounced the Stamp Act, and was a member of the Continental Congress, where he supported a boycott of English goods. He advocated war in
his fiery speech to the Virginia Assembly in 1775 when he reportedly said, "I know not what course others may take; but as for me, give me liberty
or give me death!" During and after the Revolution Henry served five times as governor of Virginia and was a member of the Virginia
constitutional ratification convention. He strongly opposed ratification of the U.S. Constitution because he felt it gave too much power to the
federal government. His objections, along with those of George Mason and others, led to the passage of the Bill of Rights.
138. Sam Adams- (1722-1803), Revolutionary War leader. Adams, a Boston radical, gave voice to the colonial demand for independence through his
speeches and writings. He opposed the Sugar Act (1764), the Stamp Act (1765), and the Townsend Acts (1767), and helped organize the Sons of
Liberty (1765) and the Committees of Correspondence (1772-74). In 1773 Adams was one of the planners of the Boston Tea Party; when Britain
responded by passing the Intolerable Acts (1774), he urged the boycott of British goods. He worked for the creation of the Continental Congress
and served as a Massachusetts delegate to that body (1774-81); he signed the Declaration of Independence in 1776. Although Adams at first
opposed ratification of the Constitution (1788), he ultimately supported it in Massachusetts. Adams later succeeded John Hancock as governor of
Massachusetts (1794-97).
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
139. George Mason, Bill of Rights- (1725-92), political leader. An important Virginia Patriot, Mason served as a member of the Constitutional
Convention of 1787 and helped draft the Constitution, which he refused to sign because it lacked a declaration of rights. It was Mason's Declaration
of Rights, which he had prepared for the Virginia legislature in 1776, that eventually became the basis for the Bill of Rights.
140. The Ratification Fights, Especially in Massachusetts, New York, and Virginia- If the Federalists, as the advocates of the Constitution were
called, had not used the cleverest tactics, they would have been defeated. One by one the states held conventions to debate the instrument. A
favorable impression was produced when the first five conventions readily voted for ratification of the constitution. In Massachusetts a majority of
the delegates was at first unfriendly, and the convention wrangled for almost a month. The Federalists were led by Rufus King, Gen. Benjamin
Lincoln, and others. By determined argument, by bringing special influences to bear on the influential Samuel Adams and John Hancock, and by
consenting to nine suggested amendments, they finally won. The minimum number of nine states was assured when New Hampshire ratified the
Constitution June 21, 1788. In Richmond, Patrick Henry and George Mason argued against the Constitution while James Madison, John Marshall,
and George Washington skillfully directed the Federalist forces. Finally, on June 25, 1788, Virginia voted for ratification by a close margin. The
hardest battle of all occurred in New York, where only the genius of Alexander Hamilton won the victory. He hit upon the happy idea of publishing
in the New York newspapers a series of essays explaining and defending the Constitution. These were later issued in book form under the title ‘The
Federalist.' Madison and John Jay contributed some of them, but Hamilton wrote the great majority. No better exposition of the Constitution has
ever been penned. When the convention met in Poughkeepsie, the Anti-Federalists had a two-thirds majority. Opposed to them were Hamilton and
his able lieutenants Jay and Robert R. Livingston. Their irresistible arguments were helped by the fact that all but two other states had already
ratified, and it was a question of union or disunion. On July 26, 1788, by a vote of 30 to 27, New York accepted. The Constitution which thus
became the supreme law of the land seemed then to contain marked imperfections.
141. “The Federalist Papers,” Number 10- a series of eighty-five essays written to New York City newspapers by Alexander Hamilton, James
Madison, and John Jay during 1787-88. The letters, written under the pen name "Publius," explained and defended the U.S. Constitution, urging its
ratification. Published in book form in 1788 as The Federalist, they have been widely respected for their authoritative analysis of the Constitution.
142. John Jay, James Madison, Hamilton- (1745-1829), diplomat and first chief justice of the United States. Jay began his political career as member
and later president of the Continental Congress and as minister to Spain. As a member of the American peace commission at the end of the
American Revolution, Jay helped negotiate the Treaty of Paris in 1783 with England. He strongly urged ratification of the Constitution in his
essays for the Federalist Papers. Appointed by George Washington as first chief justice of the United States in 1789, Jay resigned in 1795 to
become governor of New York. He negotiated the Jay Treaty with England in 1794. (1751-1836), fourth president of the United States (1809-17).
Born in Port Conway, Virginia, Madison graduated from Princeton and began his forty-year political career by becoming involved in Virginia's
politics. In 1776, as a member of the Virginia convention that wrote the state's pioneering constitution and declaration of rights, he took a strong
stand for religious liberty. In the 1780s Madison was a key member of the Virginia legislature, where he won enactment of many of the statutes
drafted in 1779 by his friend and mentor Thomas Jefferson, including the Virginia Statute for Religious Freedom. He was also a leading advocate
of reform of the Articles of Confederation, a key delegate to the Annapolis Convention of 1786, and one of the foremost members of the
Constitutional Convention of 1787. (1755-1804), revolutionary, politician, and statesman. Born in the West Indies of Creole lineage, Hamilton
served as aide-de-camp to George Washington during the American Revolution and was a hero at the Battle of Yorktown. He represented New
York at the Constitutional Convention in 1787 and, with James Madison and John Jay, wrote the Federalist Papers urging approval of the
Constitution. Appointed the first secretary of the treasury in 1789 by President Washington, Hamilton was responsible for creating the First Bank
of the United States. He sought to encourage the growth of manufactures in the new nation and to put it on a sound monetary basis. In the 1790s
disagreements between Hamilton and a group led by Thomas Jefferson and James Madison resulted in the founding of the Federalist party, led by
Hamilton and John Adams, which advocated a strong federal government. Although never elected to public office, Hamilton remained influential
in national politics. When the election of 1800 ended in an electoral deadlock and was thrown into the House of Representatives, he supported his
rival Jefferson in order to thwart Aaron Burr's bid for the office. He also opposed Burr's campaign for governor of New York. In 1804 Burr fatally
wounded Hamilton in a duel.
Politics in the 1790s
143. Bill of Rights Adopted, 1791- the first ten amendments to the U.S. Constitution, which enumerate the fundamental liberties of U.S. citizens. The
first bill of rights in America was the Virginia Declaration of Rights (1776), written by George Mason. It became a model for all later American
bills of rights, including that in the U.S. Constitution, which was proposed by Congress in 1789 and ratified in 1791.
144. President George Washington- Washington was the electoral college's unanimous choice for president in 1789. He is recognized (with Abraham
Lincoln) as one of the nation's two greatest presidents. He invented the cabinet and assembled a first-rate team of advisers, including Secretary of
the Treasury Alexander Hamilton, Secretary of State Thomas Jefferson, Secretary of War Henry Knox, and Attorney General Edmund Randolph.
Washington supported the adoption of the Bill of Rights, the creation of executive departments of government, and the adoption of the Judiciary
Act of 1789. He also chose the permanent site of the U.S. capital on the banks of the Potomac River, backed Hamilton's fiscal policies, and
approved the establishment of the Bank of the United States. An advocate of American neutrality, he issued the Proclamation of Neutrality (1793)
and rebuffed the conspiracies of the Genet affair. He also supported the Jay Treaty and the Pinckney Treaty. A foe of political parties, Washington
nonetheless was aligned with the Federalists. Reelected unanimously in 1792 to a second term, which he accepted only at the urging of Hamilton
and Jefferson, he determined in 1796 to retire to private life.
145. Vice-President John Adams- In 1789 Adams became the first vice president of the United States, later describing the post as "the most
insignificant office that ever the invention of man contrived or his imagination conceived." As political parties began to form during his terms as
vice president, Adams sided with the Federalists, becoming in 1796 the only president who was a member of the Federalist party. The government
faced many problems during the aftermath of the French Revolution, as European warships attacked and seized American vessels. Adams sent
three diplomats to France to work out a peace treaty; their mission was ended by the xyz affair, rousing anger against France in the United States.
To stop criticism of the government and the undeclared war with France (1798-1800), the Federalist Congress passed the unpopular Alien and
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
Sedition Acts; although Adams had little to do with the laws, their association with the Federalist party contributed to his defeat for reelection in
1800. Shortly before the end of his term, Adams appointed John Marshall as chief justice as well as the midnight judges. In 1800 he became the
first president to live in the White House. Adams was the only chief executive whose son also served as president: John Quincy Adams became the
sixth president in 1825.
146. Judiciary Act, 1789- This act of the First Congress established the structure of the federal judiciary, the basic structure of which has remained
intact. The Constitution stipulated only that the federal court system should consist of (1) a Supreme Court having original jurisdiction in certain
cases and (2) "such inferior Courts as the Congress may ... establish." Congress could have declined to create lower courts, making state courts rule
first on almost all federal issues. Such cases would then appear before the single federal court. Instead, the 1789 act created two lower levels of
courts. Federal district courts, each with a district judge, composed the lowest level. Their district boundaries generally matched state lines. Every
federal district also fell within the circuit of one of the three second-level courts, the circuit courts. Two Supreme Court justices and one district
judge composed each circuit court bench; they traveled to each district to hear cases twice a year. When cases involved parties from differing
states, they usually received their first hearing in the circuit courts. Occasionally, circuit courts also heard appeals from district courts. In addition
to creating courts, the 1789 act granted the Supreme Court a controversial power to order federal officials to carry out their legal responsibilities.
147. Secretary of State Jefferson- Jefferson succeeded Benjamin Franklin as minister to France and served as the first secretary of state under George
Washington. Sharp differences between Jefferson and Secretary of the Treasury Alexander Hamilton resulted in the formation of the first political
parties. The Federalists adopted Hamilton's philosophies; Jefferson helped bring together the Democratic-Republican party. His vice presidency
(1797-1801) under John Adams (a Federalist) strengthened the Democratic-Republicans, who secured his election as president in the election of
1800 and reelection in 1804. During his presidency Jefferson in 1803 acquired the Louisiana Territory from France (doubling the size of the
country) and authorized its exploration by the Lewis and Clark Expedition. The Library of Congress and the U.S. Military Academy were
established. Jefferson sent a naval force against the Barbary pirates and imposed the Embargo Act in 1807, which was repealed before he left
office.
148. Secretary of War Knox- (1750-1806), general of the American Revolution. A friend and adviser to George Washington, Knox took part in all
major engagements of the war. He commanded at West Point and served in President Washington's first cabinet as secretary of war (1789-94).
149. Attorney General Randolph- (1889-1979), black labor and civil rights leader. Randolph played a leading role in the struggle for black civil rights
from the 1920s through the 1960s. He directed the marches on Washington, D.C., in 1941 and 1963 and served as vice president of the AFL-CIO in
1957. Randolph organized the Brotherhood of Sleeping Car Porters in 1925 and during the 1930s served as president of the National Negro
Congress. Randolph fought for fair employment practices to protect blacks in industry and government and to abolish segregation in the armed
forces. He won the Spingarn Medal in 1942.
150. Hamilton’s Program: Ideas, Proposals, Reasons for it- Hamilton was tasked with giving a series of reports to Congress on the public credit.
The United States had borrowed money in Europe and at home during the American Revolution, and the various states had likewise borrowed
money to finance the war effort. The total of all these debts came to $12 million owed to Europe and $42 million owed at home. Hamilton
proposed a remarkable set of policies for handling this problem. All debts were to be paid at face value. The federal government would assume all
of the debts owed by the states. The debt would be financed with new U.S. government bonds paying about 4% interest. The government would not
pay back the principal on this debt, but merely pay the interest owed. The annual interest on the debt would be paid by a new tariff and a stiff
excise tax on liquor. Goals: The debts and honor of the nation would be secured. The federal government would gain creditworthy status should a
future emergency require heavy borrowing. Bondholders would find it in their direct financial interest to help the new federal government and the
new nation survive and thrive. By assuming the state debts, the financial elites in each state would be more strongly tied to the national government
and less so to the state government, which reduced the risk of secession. This plan would create a bureaucracy of Treasury agents throughout the
country that would be beholden to the federal government, not to the states. They would also, incidentally, be patronage jobs that Hamilton could
farm out to his political allies.
151. Tariff of 1789- The first tariff, enacted on July 4, 1789, called for specific duties on thirty commodities such as steel, molasses, and hemp. It also
provided for an ad valorem tariff on other goods that varied for each but averaged 7.5 percent. All other goods were taxed at 5 percent. To
encourage American shipping, the law provided for a 10 percent reduction in tariffs on goods that arrived in American bottoms.
152. Bank of the United States- (1791-1811), part of Alexander Hamilton's financial plan to get the new nation started on a strong economic basis. Congress
established the First Bank of the United States in 1791 and chartered it for a twenty-year period. One-fifth of the Bank's stock was owned by the federal
government and four-fifths by private business. The Bank had the power to issue bank notes redeemable for gold and silver, as well as to make loans and
hold deposits. Because many people opposed the Bank, its charter was not renewed and it ceased operations in 1811.
153. National Debt, State Debt, Foreign Debt- The national debt of the United States is the total of all the obligations of the Treasury to pay money to the
federal government's creditors. It consists of bonds, notes, and bills issued to the creditors when they lend money to the government. When the national debt
was created in its current form in 1791, it stood at $75 million, or about $18 per capita in dollars of 1791 purchasing power and $197 per capita in dollars of
1982-1984 purchasing power (see accompanying table). Nearly two centuries later in 1988, the debt stood at $2,600.8 billion or $10,572 per capita in 1988
dollars and $8,937 in 1982-1984 dollars. State debts and Foreign debts have affected the nation since in debt.
154. Excise Taxes- Excise taxes are considered an indirect form of taxation because the government does not directly apply the tax. An intermediary, either
the producer or merchant, is charged and then must pay the tax to the government.
155. “Report on Manufactures”- The third major state paper of Alexander Hamilton, America's first secretary of the treasury, the Report on the Subject of
Manufactures (1791) revealed the full range of Hamilton's plan for industrializing the United States. Rejecting the common assumption that America could
prosper with an agricultural base, Hamilton argued that the new Republic should concentrate on developing industry. To nurture American industry in its
formative years, he proposed the imposition of protective tariffs and the prohibition of imported manufactured goods that would compete with domestic
products. Other suggestions included prohibiting the exportation of raw materials, inspecting manufactured goods to ensure high standards of quality, and
encouraging inventions. Hamilton sought more than the alteration of America's economic base, however. He hoped to change the very nature of the people—
to instill in them a new spirit of industriousness, energy, and innovation.
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
156. Implied Powers, Elastic Clause, Necessary and Proper Clause- Implied powers, in relation to the U.S. Constitution, are powers not specifically given
to the Federal Government of the United States. Implied powers are derived from an enumerated power and the Necessary-and-proper clause, which can also
be recognized as the elastic clause. These powers are not stated specifically but are considered to be "reasonably" implied through the exercise of delegated
powers. the last paragraph of Article I, Section 8, of the U.S. Constitution, giving Congress the power to "make all laws which shall be necessary and proper"
for carrying out the powers and purposes of the Constitution. So named because it can be used to expand the powers of Congress to fit appropriate situations,
the elastic clause has provided a flexibility that has made frequent amendment of the Constitution unnecessary. That this clause is an enlargement, not a
constriction, of the powers expressly granted to Congress, that it enables the lawmakers to select any means reasonably adapted to effectuate those powers,
was established by Marshall's classic opinion in McCulloch v. Maryland.1642 ''Let the end be legitimate,'' he wrote, ''let it be within the scope of the
Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of
the Constitution, are constitutional.''
157. Loose, strict interpretations of the constitution- Supporter of Taylor. It creates a federal government of three branches — legislative, executive, and
judicial; separates powers among these branches and establishes a system of checks and balances among them; and defines the distribution of power between
the federal government and the states. As the supreme law of the land, it is regularly interpreted by federal and state courts in cases involving individual
rights and the powers of government.
158. Location of the Nation’s Capital: Logrolling D.C. - capital of the United States. The name honors President George Washington; D.C. stands for
District of Columbia. The only American city not part of a state, Washington lies on a peninsula formed by the merging of the Potomac and Anacostia rivers
between Virginia and Maryland on federally controlled land. President Washington selected the site in 1791 and hired French engineer Pierre L'Enfant to
plan the city. Also involved in laying out the city were surveyor Andrew Ellicott and mathematician Benjamin Banneker. Washington replaced Philadelphia
as the national capital in 1800. The White House, the U.S. Capitol, the Supreme Court Building, and numerous monuments, museums, and memorials are
located there attracting millions of tourists each year.
159. Residence Act- The Residence Act, officially titled "An Act for Establishing the Temporary and Permanent Seat of the Government of the United
States," was passed on July 16, 1790, and selected a site on the Potomac River as the permanent capital (Washington, D.C.), in ten years times. Also, this act
designated Philadelphia as the temporary capital for a period of ten years. The Residence Act was the result of a compromise reached between Thomas
Jefferson, Alexander Hamilton and James Madison concerning the permanent location of the Federal capital. In exchange for locating the new capital on the
Potomac River, Madison agreed not to block legislation mandating the assumption of the states' debts by the Federal government.
160. Major L’enfant, Benjamin Banneker-(1731-1806), mathematician and scientist. Banneker, a free black man, gained early fame when he designed and
constructed a striking clock of hand-carved wooden parts despite never having seen one. He was a successful farmer with only a few years of formal
education who taught himself calculus and spherical trigonometry in order to construct a popular astronomical almanac (published annually from 1791 to
1797). Abolitionists cited his achievements as evidence of the intellectual equality of blacks, and Banneker himself argued the issue in letters to Thomas
Jefferson.
161. Whiskey Rebellion- (1794), uprising of western Pennsylvania farmers against the 1791 federal tax on whiskey proposed by Secretary of the Treasury
Alexander Hamilton and enacted by Congress. When farmers refused to pay an excise tax on corn liquor, the rebellion became the first serious test of the
U.S. government's ability to enforce federal laws. On advice of Hamilton, President George Washington called out the militia, and the rebellion immediately
collapsed. All those tried as participants were later acquitted or pardoned. The government's response to the rebellion confirmed its authority.
162. Washington’s Farewell Address- The Address quickly entered the realm of revealed truth. It was for decades read annually in Congress; it was printed
in children's primers, engraved on watches and woven into tapestries. Many Americans, especially in subsequent generations, accepted Washington's advice
as gospel, and in any debate between neutrality and involvement in foreign issues would invoke the message as dispositive of all questions. Not until 1949, in
fact, would the United States again sign a treaty of alliance with a foreign nation.
163. Election of 1789-After presiding over the Constitutional Convention in 1787, George Washington became associated with the new government and
people took it for granted that he would be chosen as the first president. Although reluctant to run, Washington was finally convinced to do so by Alexander
Hamilton and other leaders. The first presidential election was held in January 1789, and Washington, running unopposed, was unanimously selected,
receiving all sixty-nine votes of the electoral college. Fearing a tie because most Federalists favored John Adams for vice president, Hamilton arranged that a
number of votes be deflected from Adams to avoid an embarrassment to Washington, thus assuring him the presidency.
164. Election of 1792- The major difficulty in the second election was persuading Washington to seek reelection. Wanting to retire, Washington complained
of old age and the criticisms of his administration by Democratic-Republicans. He was disturbed by a split within the government generated by the rise of
political parties, and he attempted to discourage their growth. James Madison, Thomas Jefferson, and others finally convinced him that only he could hold
the government together. The Democratic-Republicans, supporting Jefferson's ideas of a strict interpretation of the Constitution, favored George Clinton,
governor of New York, as vice president. The Federalists, supporting the ideas of Alexander Hamilton and a stronger national government, advocated the
reelection of John Adams, who won.
165. Election of 176: John Adams, Thomas Jefferson, Campaign Issues- By refusing to run for a third term, Washington set a precedent for two terms,
which lasted until 1940. The election of 1796 was the first contested presidential race between political parties, the Federalists led by Vice President John
Adams and the Democratic-Republicans led by Thomas Jefferson. The candidates of both parties were nominated by the first congressional caucus, a
procedure that continued until 1828. The Federalists favored a strong central government and northern commercial interests. The Democratic-Republicans
favored states' rights and southern agrarian interests, and opposed the Jay Treaty with Britain. The Federalists felt the agreement was essential to prevent a
potentially devastating war with England. To gain southern support, the Federalists selected Thomas Pinckney of South Carolina as a vice-presidential
candidate. But because the electors cast two votes for president, and because eleven Federalist electors in New Hampshire failed to give their votes to
Pinckney (their party's vice-presidential nominee), Jefferson became vice president. This election resulted in the only instance in which a president and vice
president were not of the same party.
166. New States: Vermont, Kentucky, And Tennessee: Vermont, Kentucky, and Tennessee were all admitted into the United States between 1791 and
1796 by the federal government. Their admission was spurred by the hope that they would then become completely loyal to the Union, as they had not been
before.
167. Federalists and Democratic Republicans (Democrats, Jeffersonians, or Republicans) Party Leaders and Supporters, Programs, Philosophies,
Foreign Proclitives: The Federalist Party was the starting point of the movement to draft and later ratify the new Constitution. It urged for a stronger
national government to take shape after 1781. Its leaders included Alexander Hamilton, John Jay, James Madison, and George Washington rose to power
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
between the years of 1789-1801. Under Hamilton, the Federalists solved the problem of revolutionary debt, created Jay’s Treaty and also the Alien and
Sedition Acts. The first political party in the United States, the Democratic-Republican Party was created by Thomas Jefferson and James Madison in
opposition to the views of Alexander Hamilton. It arose to power in the 1790s and opposed the Federalist Party, while advocating states rights and an
agricultural society. The party expressed sympathy towards the French Revolution but opposed close ties with the British.
168. Society of Cincinnati: A post-war organization of veteran officers from the Continental Army, the Society of the Cincinnati was feared by many
because its charter had the possibility of becoming a hereditary aristocracy, as it gave membership to descendants.
169. Democratic Societies: An organization in which the wealthy are on a level of equality with the poor. This is best exemplified by the Philadelphia
Democratic Society, in which Republicans were united by wealth rather then by status, as well as believed that those with talent and ambition should not
forget their dreams.
170. Alien and Sedition Acts: In 1798, the Neutralization Act said residence must remain in the United
States for five years before becoming naturalized while the Alien Act allowed the exportation of any alien believed to be a threat to national security. The
Alien Enemies Act allowed the President to export aliens during times of war and the Sedition Act made it a criminal offense to plot against government.
These acts were criticized because they oppressed the people’s First Amendment rights.
171. Virginia and Kentucky Resolutions: Written by Jefferson and Madison in protest to the Alien and Sedition Acts, the Virginia Resolution stated that
states possessed the right to intervene in unconstitutional acts in government, and the Kentucky Resolution stated that federal government could not extend
powers outside of constitutionally granted powers.
172. Doctrine of Nullification: A group of Kentucky Resolutions adopted in 1799, the Doctrine of Nullification stated that any federal laws considered by
the people to be "objectionable" may be nullified by the states. The passage of these resolutions proved the probability of upcoming violent disagreements of
how the law should be interpreted.
173. Election of 1800: Candidates and Issues: Jefferson and fellow Republican Aaron Burr, who ran for Vice-presidency in the same year, received an
equal number of electoral votes, thus creating a tie and throwing the presidential election into the House of Representatives, in agreement to Article II,
Section 2, of the Constitution. With Hamilton’s coercion, Jefferson was elected as president, with Burr as Vice-president. (The Constitution was amended to
require separate votes for each position.)
174. Revolution of 1800: Described by Jefferson in the his election of 1800, in which he sought to restore the country to the liberty and tranquility it had
known before Alexander Hamilton’s economic program and John Adams’s Alien and Sedition Acts. The national debt, most internal taxes, and the navy,
were some of the problems needed to be fixed.
175. Jefferson’s Inaugural Address: Some people expected Jefferson in his inaugural to attack the Federalists and repudiate their policies, of which he had
been quite critical. Instead, he held out an olive branch and, in a paean to democracy, lauded a society in which the full play of differing ideas could take
place. Only by allowing people full freedom to differ, Jefferson urged, could democratic society thrive. Here again, a precedent had been set. Political parties,
no matter how bitter the electoral fight, would not only accept the results, but would be expected to cooperate in furthering the good of the nation.
176. Twelfth Amendment: The Twelfth Amendment to the United States Constitution altered Article II pertaining to presidential elections. Article Two said
that the U.S. Electoral College would elect both the President and the Vice President in a single election; the person with a majority would become President
and the runner-up would become Vice President. Problems with this system were demonstrated by the election of 1796 and, more spectacularly, the election
of 1800. The Twelfth Amendment, proposed by the U.S. Congress on December 9, 1803 and ratified by the requisite number of state legislatures on June 15,
1804, required electors to cast two distinct votes: one for President and another for Vice President.
177. Second Great Awakening: Occurring mainly in the frontier states, the Second Great Awakening began in the 1790s and was characterized by "camp
meetings," or open air revivals which lasted for weeks at a time where revivalists spoke of the second coming of Jesus. Charles Finney, an especially
prominent preacher of the time, preached not only the second coming of Jesus, but also the gospel of free will, which lead to a greater democratic power
commonly seen in the ideals of Jacksonian democracy.
178. Gilbert Stuart: An American painter who is particularly well known for his many portraits of wartime hero and President George Washington. His
three styles of portrait painting: the "Vaughan" half-length, the "Lansdowne" full-length, and the "Athenaeum" head have often been mimicked.
179. Charles Wilson Peale: As a portrait painter of the Federalist period, Peale is best known for his fourteen portraits of George Washington. In 1786,
Peale began a museum of parts of nature in Independence Hall, Philadelphia of portraits and helped to found the Pennsylvania Academy of the Fine Arts in
1805.
180. French Alliance of 1778: Alliance made between France and the United Sates during America’s civil war in 1778. The alliance was used to convince
French citizens living in United States territory to become citizens of American, and therefore to bear arms or participate in the war.
Foreign Affairs in the 1790s
181. French Revolution: The revolution was a period consisting of social and political upheaval from 1789-1799. Caused by the inability of the ruling class
and clergy to solve the states problems, the hunger of the workers, the taxation of the poor, and the American Revolution, it led to the establishment of the
First Republic and the end of the monarchy
182. Citizen Genet: Sent to the United States by the French in 1793 to find soldiers to attack British ships and conquer the territories held by the Spanish,
Edmund Genet founded the American Foreign Legion despite Washington’s April 22 proclamation of American neutrality.
183. Neutrality Proclamation: Issued by President George Washington on April 22, 1793, the Neutrality Proclamation stated that the United States would
remain a neutral faction in the war with France against Britain and Spain despite heavy French pressures to join their forces. Many Americans felt the war to
be a violation of their neutrality.
184. “XYZ” Affair, Talleyrand: When a commission was sent to France in 1797 in order to negotiate problems between the two countries, they were told
by the French foreign minister Talleyrand that the agents X, Y, Z, three officials who did not take the process seriously, would only negotiate for a lend of
$10 million to the French government.
185. Undeclared War with France: Otherwise known as the Quasi-War, the undeclared conflict between the two nations lasted from 1798 to 1800. In the
conflict, the United States managed to capture ninety-three French ships while France captured just one U.S. ship.
186. Convention of 1800: The Federalist party split into two factions during the Convention of 1800, as the party was undecided as to who their presidential
candidate should be. The Federalists wanted to nominate Adams, while the "High Federalists," led by Alexander Hamilton, denounced his candidacy.
187. British Seizure of American Ships: The Privy Council issued a secret order on November 6, 1793, to confiscate any foreign ships trading with French
Caribbean islands. In this decision, they seized over 250 American ships which were conducting trade with the islands.
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
188. “Rule of 1756”: The French opened colonial trade to the Dutch, who were a neutral party. British prize courts, in response, stated that neutrals could not
engage in wartime trade with a country if they were not permitted to trade with that country at times of peace.
189. Northwest Posts: After the Revolutionary war, the British did not leave their posts in an effort to preserve both the flourishing fur trade and the
improving relations with the Native Americans. This showed Britain’s unwillingness to give up and the weakness of the American government, problems
which culminated in the War of 1812.
190. Jay’s Treaty, 1794: Negotiated between the United States and France in 1794, the treaty evacuated British posts in the West, appointed a committee to
set up the U.S.-French boundary, and named a commission to determine how much the British should pay for illegally seizing American ships. It did not
resolve the British West Indies trade dispute.
191. Washington Farewell Address: In his realization of the important role that he had take in developing the role of the president of the United States,
Washington’s farewell address asked the citizens of the United States to avoid involvement in political problems between foreign nations. At the Battle of
Fallen Timbers, in 1794, Anthony Wayne defeated a coalition of Native American tribes as the major general and commander in chief of the troops. The
battle took place around present day Toledo and led to the Treaty of Greenville which opened up the Northwest to American settlers.
192. Pinckney’s Treaty (San Lorenzo) Right of Deposit at New Orleans: Ratified in 1796, the treaty gave westerners the right to access the world markets
duty-free through the Mississippi River. Spain promised to recognize the thirty-first parallel, to end U.S. camps, and to discourage Indian attacks on western
settlers.
193. Spanish Intrigue in the Southwest: Spain attempted, in many cases, to detach the West from the United States, hoping to further expand their territory
into the vast land. Washington’s attempts at a failed alliance with the Creek Indians to expand into their lands only led to further conflicts between America
and Spain.
194. James Wilkinson: An American soldier who participated in the American Revolution and the War of 1812. Wilkinson was the man who reported
Burr’s conspiracy to access Louisiana to President Jefferson. He served as Secretary to the Board of War and was a brigadier general under Anthony Wayne.
195. “Mad” Anthony Wayne, Battle of Fallen Timbers: Known as Mad Anthony due to his quick temper and his bravery, Wayne was a General during
the American Revolution. He began his service with the Pennsylvania militia. He participated in the battles of Brandywine and Germantown and
distinguished himself in the Battle of Monmouth.
196. Treaty of Greenville, 1795: This treaty, which was drafted in 1795, opened the Northwest Territory to settlement by white United States citizens. The
territory had formerly only been inhabited by Indians, so therefore the treaty between the two races was an important one. The treaty served to end whiteIndian hostilities for sixteen years.
197. Barbarypirates: Following the American Revolution, the Barbary pirates began to raid the ships of the United States. The United States therefore
formed treaties with Morocco, Tripoli, and Tunis, as European nations already had, that gave them immunity from these attacks.
Foreign Affairs in the 1790s
198. Rutgers vs. Waddington, 1784: Rutgers, who had fled the city when it fell to the British, sued Waddington upon her return for punitive damages of
eight thousand pounds. Hamilton's basic argument ran that, by granting damages to the plaintiff, the state of New York would be in violation of the Treaty of
Paris, which should take precedence over any other concerns as it has the possibility for more far-reaching repercussions. Further, the law of nations allowed
clemency for illegal actions taken under military orders in a time of war. Hamilton's argument presupposed that the law of nations could apply in a state
court. The plaintiff's counsel argued that the United States government had no authority to interfere with internal state matters.
199. Trevett vs. Weeden, 1786-1787: The law was declared invalid for denying trial by jury and therefore established the common law practice of trial by
jury as a fundamental right of United States citizenry. This issue depreciated very quickly and was valued down to 10% of its original value. Over 96% of the
issue was burned by the State between 1793 and 1803. "Death to Counterfeit" was required to be placed on all bills of the time.
200. Bayard vs. Singleton, 1787: In NewBern in November 1787, Mrs. Bayard, the plaintiff, who was not a resident of the state, brought "ejectment
proceedings" against Singleton for the recovery of some property which had been willed to her by her Tory merchant father, Samuel Cornell of NewBern, but
which had been confiscated by the state and sold to Singleton. The defendant's lawyers stressed the fact that both Cornell and his daughter were "British
subjects" and made a motion to dismiss the case. The judges refused to grant the request, citing Article XIV of the Bill of Rights, which guaranteed jury trial.
Then they declared the Confiscation Act, under which the property had been seized and sold, unconstitutional. The court also held that aliens could not hold
land in the state and that alien enemies had no political rights at all. At the trial, the jury found a verdict for the defendant. Twenty-seven other cases of
similar nature were dropped from the court docket at that time. The court was severely criticized, and some lawyers wanted "to write the judges off the
bench." The General Assembly authorized an inquiry into the state of the courts and administration of justice. There was talk of impeachment, but the
legislature upheld the judges' decision and voted thanks for their long and faithful service. The significance of the case is that it was the first decision under a
written constitution to declare a legislative act unconstitutional, and it is now considered a fundamental principle of American law.
Supreme Court Cases to Know
201. Chisholm v. Georgia, 1793: In 1777, the Executive Council of Georgia authorized the purchase of needed supplies from a South Carolina businessman.
After receiving the supplies, Georgia did not deliver payments as promised. After the merchant's death, the executor of his estate, Alexander Chisholm, took
the case to court in an attempt to collect from the state. Georgia maintained that it was a sovereign state not subject to the authority of the federal courts. In a
4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the
national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artificial person" of the State of
Georgia. The Constitution made clear that controversies between individual states and citizens of other states were under the jurisdiction of federal courts.
State conduct was subject to judicial review.
202. Ware v. Hylton, 1796: This case involved the Treaty of Paris, which established peace in 1783. A Virginian owed a debt to a British subject. A Virginia
law provided for the confiscation of such debts on the ground the debt was owed to an alien enemy. The British subject (actually, his administrator) sued in a
federal court to recover on the bond. The administrator argued that the Treaty of Paris ensured the collection of such debts. Four of the five justices wrote
opinions. It was the practice of the day for the Court to issue opinions seriatim, or one after another. There was no "opinion for the Court." Collectively, the
justices held that federal courts had the power to determine the constitutionality of state laws. They invalidated the Virginia law under the supremacy clause
and, in the words of a distinguished scholar of the period, "established for all time [the Supreme Court's] power of judicial review of state laws."
203. Marbury v. Madison, 1803: A landmark case in United States law, the basis for the exercise of judicial review of Federal statutes by the U.S. Supreme
Court as a constitutional power. The Court ruled that it had the power to declare void a statute which it considered repugnant to the Constitution. Chief
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
Justice John Marshall, in Marbury, legally established the right of the judiciary—and in particular, the Supreme Court— to overrule the actions of coequal
branches of government and thus laid the basis for the current power of the Supreme Court.
204. Fletcher v. Peck, 1810: In 1795, the Georgia state legislature passed a land grant awarding territory to four companies. The following year, however,
the legislature voided the law and declared all rights and claims under it to be invalid. In 1800, John Peck acquired land that was part of the original
legislative grant. He then sold the land to Robert Fletcher three years later, claiming that past sales of the land had been legitimate. Fletcher argued that since
the original sale of the land had been declared invalid, Peck had no legal right to sell the land and thus committed a breach of contract. In a unanimous
opinion, the Court held that since the estate had been legally "passed into the hands of a purchaser for a valuable consideration," the Georgia legislature could
not take away the land or invalidate the contract. Noting that the Constitution did not permit bills of attainder or ex post facto laws, the Court held that laws
annulling contracts or grants made by previous legislative acts were constitutionally impermissible.
205. Martin v. Hunters Lessee, 1816: Lord Fairfax held land in Virginia. He was a Loyalist and fled to England during the Revolution. He died in 1781 and
left the land to his nephew, Denny Martin, who was a British subject. The following year, the Virginia legislature voided the original land grant and
transferred the land back to Virginia. Virginia granted a portion of this land to David Hunter. The Jay Treaty seemed to make clear that Lord Fairfax was
entitled to the property. The Supreme Court declared that Fairfax was so entitled, but the Virginia courts, where the suit arose, refused to follow the Supreme
Court's decision. The Court rejected the claim that Virginia and the national government were equal sovereigns. Reasoning from the Constitution, Justice
Story affirmed the Court's power to override state courts to secure a uniform system of law and to fulfill the mandate of the Supremacy Clause.
206. Dartmouth College v. Woodward, 1819: In 1816, the New Hampshire legislature attempted to change Dartmouth College--a privately funded
institution--into a state university. The legislature changed the school's corporate charter by transferring the control of trustee appointments to the governor.
In an attempt to regain authority over the resources of Dartmouth College, the old trustees filed suit against William H. Woodward, who sided with the new
appointees. In a 6-to-1 decision, the Court held that the College's corporate charter qualified as a contract between private parties, with which the legislature
could not interfere. The fact that the government had commissioned the charter did not transform the school into a civil institution. Chief Justice Marshall's
opinion emphasized that the term "contract" referred to transactions involving individual property rights, not to "the political relations between the
government and its citizens."
207: McCulloch v. Maryland, 1819: In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to
impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. In a unanimous decision, the Court
held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution
of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unremunerated powers not explicitly outlined in the
Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme . . .
they control the constitution and laws of the respective states, and cannot be controlled by them."
208. Cohens v. Virginia, 1821: An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell
D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final
arbiters of disputes between the states and the national government. In a unanimous decision, the Court held that the Supreme Court had jurisdiction to
review state criminal proceedings. Chief Justice Marshall wrote that the Court was bound to hear all cases that involved constitutional questions, and that this
jurisdiction was not dependent on the identity of the parties in the cases. Marshall argued that state laws and constitutions, when repugnant to the
Constitution and federal laws, were "absolutely void." After establishing the Court's jurisdiction, Marshall declared the lottery ordinance a local matter and
concluded that the Virginia court was correct to fine the Cohens brothers for violating Virginia law.
209. Gibbons v. Ogden, 1824: A New York state law gave two individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws
like this one were duplicated elsewhere which led to friction as some states would require foreign (out-of-state) boats to pay substantial fees for navigation
privileges. In this case a steamboat owner who did business between New York and New Jersey challenged the monopoly that New York had granted, which
forced him to obtain a special operating permit from the state to navigate on its waters. The Court found that New York's licensing requirement for out-ofstate operators was inconsistent with a congressional act regulating the coasting trade. The New York law was invalid by virtue of the Supremacy Clause. In
his opinion, Chief Justice Marshall developed a clear definition of the word commerce, which included navigation on interstate waterways. He also gave
meaning to the phrase "among the several states" in the Commerce Clause. Marshall's was one of the earliest and most influential opinions concerning this
important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power
reserved to and exercised by the Congress.
Jeffersonian Period and Period to the War of 1812
210. Election of 1800: Jefferson and fellow Republican Aaron Burr, who ran for Vice-presidency in the same year, received an equal number of electoral
votes, thus creating a tie and throwing the presidential election into the House of Representatives, in agreement to Article II, Section 2, of the Constitution.
With Hamilton’s coercion, Jefferson was elected as president, with Burr as Vice-president. (The Constitution was amended to require separate votes for each
position.)
211. Revolution of 1800: Described by Jefferson in the his election of 1800, in which he sought to restore the country to the liberty and tranquility it had
known before Alexander Hamilton’s economic program and John Adams’s Alien and Sedition Acts. The national debt, most internal taxes, and the navy,
where some of the problems needed to be fixed.
212: Secretary of Treasury Gallatin: When Thomas Jefferson was elected President in 1800; he believed that Albert Gallatin was the only member of his
party capable of serving as his Secretary of the Treasury. Gallatin's "...persistent assaults on the financial policy of the Federalists..." led Jefferson to this
conclusion. These opinions influenced Jefferson's choice of Albert Gallatin as Secretary of the Treasury.
213. Jefferson’s t Inaugural Address: It is one of the most significant speeches in American history, and offers a unique window into the complex political
views of this leading member of the founding generation. Moreover, Jefferson’s language in his First Inaugural Address is closer to contemporary usage than
that of many other important texts from this era, and because of that the address serves as a good text for introducing students to the political discourse of the
early Republic. The full text of the address is available through the Web resources listed below.
214: Federalist control: Midnight judges: Federalists dominated the government, but with the election of 1800, Jefferson drove them out, resulting in
Adams’s last day in office (December 12, 1800). On this date he appointed last-minute judges to keep the judiciary in the Federalists hands, by using the
Judiciary Act of 1801.
215. Justice Samuel Chase: Associate justice of the Supreme Court and signer of the Declaration of Independence, he was appointed to the Supreme Court
in 1791 by Washington, and was impeached for his criticism of President Jefferson. Chase was defended strongly, and was later acquitted by the Senate.
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
216. Tripolitan War: (1802-5) War between the United States and the North African state of Tripoli, to which the US had been paying tribute, since 1784,
for shipping access. The US refused to pay in 1801, which resulted in US ships being captured, but the US captured the town of Derna, led by Lieut. Stephen
Decatur in 1805, to end the war.
217. Treaty of San Ildefonso: Treaty on October 1, 1800, in which Spain ceded the Louisiana territory to France, which was becoming a foremost military
power. Threat of French expansion was the result of Jefferson’s goal to obtain the territory, not for expansionism, but the opportunities of trade by New
Orleans as a sea port.
218. Louisiana Purchase: When France obtained the territory from Spain, Jefferson’s goal to purchase the territory was the great port of New Orleans, land
West of the Mississippi, as well as the threat of French invasion. Jefferson obtained the territory for $15 million, and was ratified as a treaty by the Senate,
though purchasing the territory was Constitutionally illegal and going beyond his presidential rights. From this territory became 14 new state governments.
219. Toussaint L’Ouverture: Haitian general on the island of Santo-Domingo, who succeeded in liberating the island from France in 1801, and becoming
president for life of the country. 1802, Napoleon sent troops to crush the Haitians, and Toussaint was defeated, and accused of conspiracy; where he was
imprisoned and died in France.
220. Federalist Opposition to Louisiana Purchase: Most Federalists opposed the Louisiana Purchase on the grounds that it would decrease the relative
importance of their strongholds on the eastern seaboard. Jefferson, a Republican, saw no reason to hand the Federalists an issue by dallying over ratification
of the treaty made to obtain the territory.
221. Hamilton-Burr duel: Election of 1800 Between Jefferson and Burr, had turned to the House of Representatives for the decision of the next president
Burr’s election in 1804, for the governor of NY State, where Hamilton opposed him, again. Dueled Hamilton on July 11, 1804, where Hamilton was killed.
222. Burr expedition, treason trial: Burr purchased land in the newly acquired Louisiana territory, and intended to invade the Spanish territory and
establish a separate republic in the Southwest, or seize land in Spanish America. He was arrested and indicted for treason, and was acquitted on Sept. 1, 1807,
after a six-month trial in Richmond, Virginia.
223. Lewis and Clark: They explored the vast territory west of the Mississippi River by the US, when they where commissioned by Jefferson. They
cataloged plants and animals, and established relations with Indian inhabitants. They reached the Rockies, over the Continental Divide, and reached the
Pacific in November 1805.
224. Berlin Decree, 1806: Milan Decree, 1807: Was created in response to the Orders in Council by the British, in which the French proclaimed a blockade
of the British isles, and any ship attempting to enter or leave a British port would be seized by France. The Decree was answered with another Orders in
Council, in which all ships must come to England for licenses of trade. Napoleon replied to the continuous British opposition, with the Milan Decree, which
was to tighten his so-called Continental System. The decree proclaimed that any vessel that submitted to British regulations or allowed itself to be searched
by the Royal Navy was subject to seizure by France.
225. Polly Case, Essex Case: The Polly was an American-owned ship seized while on a voyage from Marblehead, Massachusetts to Bilboa. The British
captor claimed that since the cargo consisted of Havana sugar and Caracas cocoa being shipped to Spain it was lawful prize. The owners argued that the
cargo, bought in Havana, had been entered at the customs house at Marblehead and duties paid. The pointed out that the cargo had been off-loaded, the ship
put on stocks for repairs, new insurance taken and new clearances obtained; therefore the voyage was not direct. The court found for the owners. The case
had virtually negated the "Rule of 1756." But in the Essex Case, 23 July 1805, the British Admiralty court reversed itself. The Essex had loaded a cargo in
Barcelona. The cargo had been landed at Salem, Massachusetts, bond obtained for the duties, the ship repaired and the cargo then reloaded. Though the
facts in the case were largely the same as in the Polly Case the Judge decided that since the cargo had been intended for Havana all along the voyage was
direct.
226. Orders in Council: In May 1806, the British followed the Essex decision with the first of several trade regulations, known as the Orders in Council,
which established a blockade of part of the continent of Europe and prohibited trade with France, unless American vessels went to British ports for licenses
for trade.
227. Impressment: Arbitrary seizure of goods or individuals by a government or its agents for public services. Used by British to regain deserters from the
Royal Navy to American vessels during 1790 to 1812. This was one of the reasons for the War of 1812, when British vessels boarded and obtained their crew
from the high paying American ships.
228. Chesapeake-Leopard affair: In 1807 the US Chesapeake was stopped in the mid-Atlantic by the British Leopard. The British demanded the return and
surrender of four deserters from the royal navy, in which the Chesapeake’s commanding officer, James Barron, refused, resulting in British attack. Barron
relented and the men were seized.
229. Embargo of 1807: This law was passed in December 1807 over Federalist opposition, and prohibited United States vessels from trading with European
nations during the Napoleonic War. The Embargo Act was in response to the restrictive measure imposed on American neutrality by France and Britain, who
where at war with each other. To pressure the nations to respect the neutral rights of the US and to demonstrate the value of trade with the US, Jefferson
imposed the embargo instead of open warfare.
230. Non-Intercourse Act: The Non-Intercourse Act of March 1, 1809, repealed the Embargo Act, and reactivated American commerce with all countries
except the warring French and the British. The US also agreed to resume trade with the first nation of the two, who would cease violating neutral rights,
pressuring the needs for American goods.
231. Erskine Agreement: 1809 - The U.S. offered to cease all trade with France and resume trade with Britain if the British would stop the impressments of
American sailors. The British did not agree to this, so this proposal never went into effect.
232. Macon’s Bill No. 2 – Nathaniel Macon created the Macon’s Bill No. 2, in May 1810, which was designed to discourage the British and the French from
interfering with US commerce, by bribing either the England or France in repealing their restrictions on neutral shipping; who ever obliged, the US would
halt all commerce with the other nation.
233. Tecumseh – A Shawnee leader, who fought against the United States expansion into the Midwest. He opposed any surrender of Native American land
to whites, and tried with his brother, Tenskwatawa the "Prophet," in uniting the tribes from American customs, especially liquor. He was defeated at the
Battle of Tippecanoe in 1811.
234. War Hawks – A group of militants in Madison’s Democratic – Republican Party, who wanted more aggressive policies toward the hostile British and
French. Thus creating a war spirit by several young congressmen elected in 1810. This group in the House of Representatives, led by Henry Clay preferred
war to the "ignominious peace."
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
235. Causes of the War of 1812 – These included: British impressments of sailors, British seizure of neutral American trading ships, and the reasons given
by the War Hawks (the British were inciting the Indians on the frontier to attack the Americans, and the war would allow the U.S. to seize the northwest
posts, Florida, and possibly Canada).
236. Why War Against Great Britain Rather than Against France – For the most part, the Napoleon Wars were played out in Europe, and the French
accepted the United States merchant marine neutrality by the Berlin and Milan Decrees. Hatred of the British persisted, with the constant violations of
neutrality on the seas and in the Great Lakes.
237. Federalist Opposition to the War of 1812, Why? – The Federalist Party was deeply opposed to the war, for their lack of support for commercial and
diplomatic policies of Jefferson and Madison. Even more so was their opposition to Jefferson and Madison’s trade programs of neutrality and trade, for
example the Non-intercourse act.
238. Naval Engagements in the War of 1812 – The beginning of the War of 1812, encounters were with single-ship battles. The frigate Constitution
defeated the Guerriere in August 1812, and in the same year, the Untied States seized the British frigate Macedonian. However, the Chesapeake lost to the
Shannon, continuing British blockade.
239. Fort McHenry, Francis Scott Key, “Star Spangled Banner” – During the War of 1812 on September 13-14, Fort McHenry withstood a 25-hour
bombardment by the British Vice-Admiral Alexander Cochane and his fleet, which prompted the famous "Star-spangled Banner," by Francis Scott Key when
he saw the flag still standing.
240. Events of the War: Perry, Lake Erie, D.C., New Orleans – Oliver Perry led a 1813 naval victory against the British on Lake Erie. Washington D.C.
was captured and burned by the British in 1814. The Battle of New Orleans was a great victory for the U.S. in January, 1815, but it took place two weeks
after the signing of the Treaty of Ghent had ended the war.
241. Jackson’s Victory at New Orleans – Jackson, during the War of 1812, captured New Orleans with a small army against the British army, which was
composed mainly of veterans. This victory on January 8, 1815 occurred after the peace treaty that ended the war.
242. New England’s merchants, Critics of the War, Essex Junto – New England's merchants opposed the War of 1812 because it cut off trade with Great
Britain. Critics of the war were mainly Federalists who represented New England. The Essex Junto was a group of extreme Federalists led by Aaron Burr
who advocated New England's secession from the U.S.
243. Hartford Convention, Resolutions – December 1814 – A convention of New England merchants who opposed the Embargo and other trade
restriction, and the War of 1812. They proposed some Amendments to the Constitution and advocated the right of states to nullify federal laws. They also
discussed the idea of seceding from the U.S. if their desires were ignored. The Hartford Convention turned public sentiment against the Federalists and led to
the demise of the party.
244. Treaty Negotiators: John Quincy Adams, Albert Gallatin, Henry Clay – These three were among the American delegation which negotiated the
Treaty of Ghent. Gallatin was former secretary of the treasury. Clay was the Speaker of the House of Representatives. Adams was minister to Russia.
245. Treat of Ghent, Provisions – This was an agreement between the United States and Great Britain, in Belgium, on December 24, 1814. This treaty
ended the War of 1812, and provided that all territory captured would be returned to the rightful owner. Great controversy occurred over fishing rights and
the Northwest Boundary, between England and America.
246. Neutral Rights Issues End with the Defeat of Napoleon – Napoleon's defeat ended the war between Britain and France, and thus ended the need for
restrictions on neutral trading.
Nationalism and Sectionalism to 1824
247. War Increased Nationalism, Economic Independence – The nationalistic movement was one which brought the nation together. The economy of the
nation was a large force in the merging of the nation, and the government took considerable actions to piece it together. The War of 1812 was in part
responsible for creating a great sense of national purpose and awareness. There was a large dependency on trade, evident to merchants when the Embargo of
1807 and the War of 1812 suspended trade to Europe. This was an economic blow that had repercussions.
248. Second Band of the United States a Reversal of Jeffersonian Ideas – Andrew Jackson vetoed the re-charter bill of the Second Bank of the United
States on July 10, 1832, which was a blow against monopoly, aristocratic parasites, and foreign domination, as well as great victory for labor. Instead,
Jackson created pet banks and destabilized the national currency and aid.
249. Tariff of 1816 Protective – This was a protective tariff that was principally intended to hold the production of textiles and goods. This tariff was made
in order to defend the industries that were established during the Napoleonic Wars and the War of 1812, promoting new industries. A revision was made in
1824 to clear problems that aroused.
250. Bonus Bill Veto – In 1817, the development of America was creating a need for a well made transportation facilities to link the outlying agricultural
regions with the trade eaters in the Eastern sea ports. This was Madison’s last act, which he vetoed the bill on constitutional ground.
251. Rush-Bagot, Great Lakes – 1817 – This treaty between the U.S. and Great Britain (which controlled Canada) provided for the mutual disarmament of
the Great Lakes. This was later expanded into an unarmed Canada/U.S. border.
252. Convention of 1818 – Signed at London, by Richard Rush, Great Britain’s Prime minister, and the French prime minister, Albert Gallatin. This treaty
fixed the 49th parallel to divide the US and Canadian boundary, and also established fishing privileges for the United States off the coast of Labrador and
Newfoundland.
253. Panic of 1819 – Occurred when the Second Bank of the United States tightened its loan policy, triggering a depression, that caused distress throughout
the country, especially western farmers. Even more so, British exports unloaded textiles, causing a great depression for farmers.
254. West Florida, 1810 – Annexed when southern expansionists went into the Spanish Dominion, captured the fort at Baton Rouge, and proclaimed on
September 26, the independent State of republic of West Florida. It was adopted as a resolution on January 15, 1811 and authorized as an extenuation of US
rule over East Florida.
255. Jackson in Florida, Rhea Letter – Jackson sent a letter of Jan. 6, 1818, to Monroe that his plan was the "whole of East Florida should be seized and
held as indemnity for the outrages of Spain upon the property of our Citizens." Jackson later claimed that Monroe approved this plan in the so-called Rhea
letter, but the letter had disappeared (a letter from Monroe granting permission to Jackson and transmitted by Tenn. congressman John Rhea). Jackson’s
excuse was something along the lines of “We’ll [the U.S.] govern Florida if you [the Spanish] can’t (as in controlling Indians and denying entrance to
runaway slaves.” His true intent was probably to force Spain to cede the territory.
256. Purchase of Florida – Spain surrendered Florida to the United States in 1819 by the Adams-Onis Treaty, with a sum of five million dollars. This
however began a rebellion by the Indians, starting the Seminole War (1835-42), and becoming another reason for Indian hatred of the white man.
Unit II
The Articles, Constitution, Federalist Period, Jeffersonian Period, War of 1812, and the Era of Good Feelings. 1776 to
1824
257. Transcontinental Treaty (Adams-Onis Treaty or Step Treaty or Florida Purchase Treaty) – It was the treaty in 1819 that purchased eastern
Florida to establish the boundary between Mexico and the Louisiana territory. It provided for the cession of Florida to the United States in return for
American settlement of claims of her citizens against Spain.
258. Quadruple Alliance, Holy Alliance – Formed in 1815, the Quadruple Alliance consisted of England, Russia, Austria, and Prussia, and it regulated
European politics after the fall of Napoleon. The Holy Alliance was an organization of European states that advanced the principles of the Christian faith.
259. George Canning – The British foreign minister, he supported nationalist movements throughout Latin America and dissuaded foreign intervention in
American affairs. He proposed that the US and Britain issue a joint statement opposing European interference in South America and guaranteed that neither
would annex Spain’s old empire.
260. Monroe Doctrine: Origins, Provisions, Impact – President Monroe’s message to Congress on Dec. 2, 1823, it consisted of 3 principles: U.S. policy
was to abstain from European wars unless U.S. interests were involved, European powers could not colonize the American continents and shouldn’t attempt
to colonize newly independent Spanish American republics. Ridiculed in Europe, it was used to justify U.S. expansion by presidents John Tyler and James
Polk. In 1904, the Roosevelt Corollary was introduced.
261. Era of Good Feelings – This phrase exemplifies both of Monroe’s presidencies, from 1816-1824. The War of 1812 eliminated some divisive issues,
and Republicans embraced the Federalist’s issues. Monroe made an effort to avoid political controversies, but soon sectionalism divided the nation.
262. Chief Justice John Marshall: Decisions – Dartmouth College v. Woodward (1819) The question was whether New Hampshire could change a private
corporation, Dartmouth College into a state university. It was unconstitutional to change it. After a state charters a college or business, it can no longer alter
the charter nor regulate the beneficiary.
263. Missouri: Tallmadge Amendment, Thomas Amendment, Missouri Compromise, Provisions – When Missouri applied for statehood, there was a
dispute over whether it would be admitted as a slave state or a free state. The Tallmadge Amendment was a bill which would have admitted Missouri with its
existing slave population, but would forbid the introduction of additional slaves and free all slave children at age 25. The Thomas Amendment was a bill
which would have admitted Missouri as a slave state but forbid slavery north of the 36°30" latitude in the Louisiana Purchase region. Neither bill was put
into effect. Admitted Missouri as a slave state and at the same time admitted Maine as a free state. Declared that all territory north of the 36°30" latitude
would become free states, and all territory south of that latitude would become slave states.
264. Clay’s American System, Ideas – In his tariff speech to Congress on March 30- 31, 1824, Clay proposed a protective tariff in support of home
manufactures, internal improvements such as federal aid to local road and canal projects, a strong national bank, and distribution of the profits of federal land
sales to the states.