Early American History: Articles of Confederation-Constitution Mr. Stikes SSUSH5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government. b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers (influence of Montesquieu), limited government, and the issue of slavery. d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights. e. Explain the importance of the Presidencies of George Washington and John Adams; include the Whiskey Rebellion, non-intervention in Europe, and the development of political parties (Alexander Hamilton). Development of the Articles • Plan drafted by John Dickinson – Supported by Benjamin Franklin • Articles of Confederation presented to Congress on July 12th, 1776 – Adopted by Congress - November 15th, 1777 – All states had agreed by 1781 – took effect – Guaranteed each state “sovereignty, freedom and independence” Aftermath of the Revolutionary War Revolutionary War • Ended by Treaty of Paris (1783) • Government: – 2nd Continental Congress – Articles of Confederation Articles of Confederation a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government. Articles of Confederation • Congress of the Confederation – Members appointed by state legislatures – Each state had one vote • Roles of the Congress – Conduct foreign affairs – Make treaties – Declare war – Coin money – Establish post offices Weaknesses in the Articles • Laws were hard to pass – Needed 9 of 13 states to approve – Amendments needed all 13 to approve • Congress could not force the states to obey decisions or laws • Congress could not tax or raise an army – Printed money that was not backed by specie The Land Problem • Many states had land claims that extended to Pacific Ocean – Land = money • Western territory of states was surrendered to Congress Land Ordinance of 1785 • Western land – “Northwest Territory” • Divided into townships • Townships divided into 640 acre lots DID YOU KNOW: Each township had one lot reserved for a school. This was the first federal aid for public education. Typical Township School For public buildings/ veterans Northwest Ordinance Also known as the Land Ordinance of 1787 • Established system of government for the Northwest territories • Banned slavery in the territory Road to Statehood: 3-5 states would be created out of the land When population reaches 5,000 eligible voters, it can elect a bicameral legislature and send a nonvoting member to Congress When population reaches 60,000 free residents, it becomes eligible for statehood and can draft a state constitution. Congress must then approve the new state Shays’ Rebellion (1786) • Led by Daniel Shays in Western Massachusetts • Farmers protested against high taxes – Seized courthouses and closed down debtors courts/property auctions • Concerns: National government could not deal with issues that arise Call for Reform • Congress called for a Constitutional Convention • Purpose: Revise the Articles of Confederation • Began May 14, 1787 Constitutional Convention • Met in secret – Why? • Agreed to replace Articles with a new document – Would feature a stronger national government Virginia Plan • First proposed plan of government • Major parts: – Bicameral Legislature (Congress) • Representation based upon population or money • Lower house elected by voters, upper house by lower – Executive • Chosen by Congress – Judiciary • Chosen by Congress Bicameral: Legislature with 2 separate parts, or houses New Jersey Plan • Counter proposal • Major parts: – Unicameral Legislature Unicameral: Legislature with only 1 part (or house) (Congress) • Equal representation – Executive (more than 1) • Chosen by Congress, removed by state governors – Judiciary • Chosen by Congress (Supreme Court) Virginia Plan v. New Jersey Plan VIRGINIA • Bicameral Congress NEW JERSEY • Unicameral Congress • Representation based on population/$ • Representation based on equality • 1 executive chosen by Congress • More than 1 executive chosen by Congress • Supported by large states • Supported by small states Features of the Constitution c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers (influence of Montesquieu), limited government, and the issue of slavery. Constitutional Compromises • Great (or Connecticut) • 3/5 • Commerce and Slave Trade Great Compromise Also called the Connecticut Compromise • Debate over Representation • Result: – Bicameral Congress – Upper Chamber: Senate – Lower Chamber: House of Representatives Great Compromise SENATE • Smaller HOUSE OF REPRESENTATIVES • Larger • 2 per state • Based on population – Equality! DID YOU KNOW: The Connecticut Compromise has also been called the “Great Compromise,” because without it we may not have had a new Constitution! Issue of Slavery • Since population counts, what about slaves? • Slave-holding states • Non slave-holding states Three-Fifths Compromise Compromise: • All free persons counted, “all other persons” (i.e. slaves) count for 3/5 of a person • Used for both representation and taxes Three-Fifths Compromise Commerce and Slave Trade Compromise • Congress had the power to regulate trade – Why could this be dangerous? • Tariffs? – Export duties not allowed – Import duties allowed • Slavery? Remember, the population of the North was greater than that of the South. Many in the southern states were worried that the new Constitution would not protect them. – Importation of slaves allowed until at least 1807 – Runaway slaves must be returned South Separation of Powers • Three Branches of Government Separation of Powers • Influence of Montesquieu – Contained in “Spirit of Laws” (1754) Limited Government • Government is not all powerful • The government must operate under certain laws and protect the rights of both people and the states Ticket out the Door • Name one compromise, tell what it did and why you think it is important. • Why do you think the members of the Constitutional Convention agreed to keep all of their discussions secret? Federalists Anti-Federalists b. Evaluate the major arguments of the antiFederalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. Federalists • People who favored ratification of the new Constitution • Supported a strong national government – Reasons: • Needed one for security/prosperity Federalists • Important Federalists: – James Madison – John Jay – Alexander Hamilton Anti-Federalists • People who were opposed to ratification of the new Constitution • Opposed to a strong, central government – Reasons: • Illegal – Convention was only to change Articles • Would destroy state’s rights • New gov’t resembled a monarchy Anti-Federalists • Important Anti-Federalists: – George Mason – Patrick Henry – George Clinton – Richard Henry Lee The Federalist Also known as “The Federalist Papers” • Series of 85 essays – Written between the fall of 1787 and spring of 1788 – By James Madison, Alexander Hamilton and John Jay • Most cited essays: – #10 – by James Madison – #51 – by James Madison – #84 – by Alexander Hamilton DID YOU KNOW: The Federalist Papers were written under the pseudonym Publius. DID YOU KNOW: Anti-federalist writings were later collected and published as the “Anti-Federalist Papers.” Arguments about form of government FEDERALISTS • Stronger national government was necessary for success ANTI-FEDERALISTS • Stronger national government was just as bad as living under a king • The national government should have most of the power • The states should have most of the power Arguments about factions FEDERALISTS • Would be easy to handle any problems that come up ANTI-FEDERALISTS • Factions would form due to long terms for Representatives and Senators • Factions would not help the common people – People only vote on Representatives Arguments about checks and balances FEDERALISTS • Balancing powers between different people will make sure none become too powerful ANTI-FEDERALISTS • Most of the powers should be in the state to be closer to the people to keep anyone from becoming too powerful Arguments about executive power FEDERALISTS • Constitution favored election of rich ANTI-FEDERALISTS • Too much in the hands of one man • No bill of rights to protect poorer and uneducated men • Executive is not elected by the people Alexander Hamilton (1755-1804) • First Secretary of the Treasury • One of Washington’s closest advisors • Influential Federalist James Madison (1751-1836) • “Father of the Constitution” • “Architect” of the Constitution • Influential Federalist Ratification Formal Approval of the Constitution Ratification • Each state had to vote to approve the Constitution The Bill of Rights d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights. Bill of Rights • 1st Ten Amendments to the U.S. Constitution • Why were these passed? As Protector of Individual Rights.. As Protector of States’ Rights.. Amendment X 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. What does this mean? If a right is NOT given to the federal government, then it belongs to the states. For example: Congress is not given the right to give licenses to people – therefore, the states are the ones that do it. Each state can have it’s own individual laws. America Under the Constitution e. Explain the importance of the Presidencies of George Washington and John Adams; include the Whiskey Rebellion, non-intervention in Europe, and the development of political parties (Alexander Hamilton). George Washington (1732-1799) President of the United States: 1789-1797 (1st) • President of Constitutional Convention • War hero French & Indian War Revolutionary War • Unanimously elected first President of the United States under the U.S. Constitution (1789) Washington’s Administration • Vice President: John Adams Created by Congress – not mentioned in Constitution Cabinet: • Secretary of State: Thomas Jefferson • Secretary of War: Henry Knox • Secretary of the Treasury: Alexander Hamilton • Attorney General: Edmund Randolph Major Events of Washington’s Presidency • Creation of Cabinet (1789) • Creation of Supreme Court / Court System – Judiciary Act of 1789 • Monetary Policy – Government would pay off all of its debts & assume much of states’ debts – Bank of the United States (National Bank) - 1791 • Jay’s Treaty • Whiskey Rebellion Judiciary Act of 1789 • Established federal court system – District court in each state – Supreme Court • 6 justices • Defined the powers/jurisdiction of each court Bank of the United States • Purpose: – To provide stability to the financial system – To make credit available Building that housed the First Bank of the United States in Philadelphia, Pennsylvania Argument over the Bank of the U.S. Loose Construction • Supported by Alexander Hamilton Strict Construction • Supported by Thomas Jefferson • Congress could do anything UNLESS the Constitution said otherwise • Congress could ONLY do what the Constitution specifically stated – “Necessary and Proper” clause Jay’s Treaty (1793) • Goal: Avoid another war w/ Britain – Solve issues remaining from Revolution • Main Results: – British would leave Northwest Territory in 1 year – Small US ships could trade in British West Indies – Rejection of American position on neutral rights • Searches of American vessels/Impressment of sailors would continue – No compensation for American ships/slaves taken Whiskey Rebellion • Causes: Flags carried by members of the rebellion – 1791 – Congress passes a tax on whiskey • Rebellion: grain whiskey Easier to transport – 1794 – 6,000 men attacked U.S. Marshals attempting to enforce the tax – Washington leads army of 13,000 – rebellion ends • Results: – Shows power of the federal government Non-intervention in Europe • U.S. foreign policy • First stated in George Washington’s Farewell Address “Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence therefore it must be unwise to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships, or enmities. . . . Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European Ambition, Rivalship, Interest, Humour, or Caprice?” Development of Political Parties • People divided over their view of the future of America – Democratic-Republicans • Led by Thomas Jefferson • Strict Constructionists • Favored farmers, poor – Federalists • Led by Alexander Hamilton • Loose Constructionists • Favored industry, rich Development of Political Parties FEDERALISTS • America should be run by wealthy & educated DEMOCRATIC-REPUBLICANS • Farmers and middle class could be trusted to run country • Favored in the North • Favored in the South • Favored industry/ urban areas • Favored rural areas Alexander Hamilton (1755-1804) • First Secretary of the Treasury – Founded Bank of U.S. • Influential Federalist – Believed in rule by rich & powerful Thomas Jefferson (1743-1826) • Third President of the United States • Influential Republican – Believed in rule by the everyday man – Feared industry John Adams (1735-1826) President of the United States: 1797-1801 (2nd) • Politician from Massachusetts • Served as Vice President under Washington – Handpicked by Washington to be his successor • Federalist Adams’ Administration • Vice President: Thomas Jefferson • Administration was a disaster – Many Federalists were still loyal to Alexander Hamilton, not John Adams – Vice President Jefferson and President Adams did not get along XYZ Affair (1798) • In response to Jay’s Treaty (1793), France began seizing American ships • Negotiations DID YOU KNOW: After the XYZ Affair, the U.S. and France fought a short, undeclared naval war. – Three men sent to France to make peace • Charles Pinckney, John Marshall, Elbridge Gerry – Negotiations w/ France broke down • French officials demanded bribes Alien and Sedition Acts (1798) • Passed in response to undeclared war with France • Purpose: – protect the U.S. from foreign influences Alien and Sedition Acts (1798) • What it did: – Lengthened citizenship residence requirement from 5 to 14 yrs. – Gave President authority to deport any “dangerous” foreigner – Illegal to “print, write, or speak in a scandalous or malicious way against the government” • Result: – Weakened Federalists Kentucky & Virginia Resolutions (1798) • Written by T. Jefferson & J. Madison – Democratic-Republicans • State legislatures in KY and VA argued the Alien and Sedition Acts were unconstitutional – Therefore, states did not have to obey these laws “Midnight Judges” • Judges appointed by President Adams right before Jefferson takes office – After Adams was defeated by Jefferson • Many were removed from office – Some were never given their appointment Marbury v. Madison (1803) • William Marbury was a “midnight judge” • Declared part of Judiciary Act of 1789 unconstitutional Election of 1800 • Jefferson vs. • Adams • Republicans win • “Constitutional Crisis” Election of 1800 Meant to be Vice President • T. Jefferson and Aaron Burr receive the same number of electoral college votes – 73 each • In case of tie = House of Reps. Votes – Federalists hoped to cause confusion by supporting Burr – Hamilton disliked Jefferson but hated Burr • Gives support to Jefferson • Jefferson officially selected president just a few weeks before inauguration Result of the Election of 1800 • Twelfth Amendment – Separate vote in Electoral College for Pres. & VP – In case of tie/no majority: • House votes on Pres. • Senate votes on Vice Pres. Each state with 1 vote – Vice President must be eligible to serve as Pres.