Constitution

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Republicanism and the Politics of
Virtue -- Issues
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Articles of Confederation
All states are equal
The Politics of Virtue
Debtors versus Creditors
No Taxation without
Representation
Diplomacy and Stalemate
Settling the Northwest lands
Written during the Revolution to provide a national government, the
Articles of Confederation provided for a Congress in which each state
had but one vote on most proposed legislation. Many actions, including
the powers to tax, to regulate trade, or to expand national power,
required a UNANIMOUS vote. As result, many political leaders
considered the government to be too weak to function properly.
The Northwest Ordinances (1785-86)
provided a method for admitting new
states, guaranteeing those states the
same rights as the original 13 states.
While Thomas Jefferson devised a plan
for new states, the settlers themselves
proved to have the last word in how a
new region was settled (and what it was
to be named).
New states would have an enormous
impact on how the political life of the
nation changed over time.
In 1786, a group of western
Pennsylvania, led by Revolution
veteran Daniel Shays (left), briefly
rebelled against the government of
the state, complaining that the
“nabobs in Philadelphia” and the
Federal government did little to help
the people on the frontier.
This brief revolt ignited calls for a
meeting to “revise the Articles of
Confederation.”
This Federalist political cartoon from Connecticut portrays the state as a cart
stuck in the mud and weighed down by paper money and debt. While
Federalists proclaim “Comply with Congress” and pull the state toward a
bright sun, the Anti-Federalists exclaim “Success to Shays” and drag the cart
toward a shadowy future symbolized by the dark clouds.
In 1786, 12 delegates (including James
Madison) met in Annapolis Maryland to
suggest amendments to the Articles of
Confederation that would remove state
barriers to commerce. Instead they
called for new convention to meet in
Philadelphia to fix “important defects in
the system of the Federal
Government.”
Jefferson called those who went to
Philadelphia “an assembly of demigods” – he was in France and angry he
could not be there. The delegates in
1787 were actually very human and
had very specific (and different)
agendas.
 Colonial government charters and post-1776 state
constitutions.
Ideas from ancient governments of Greece and
Rome.
Ideas from recent European philosophers –
especially John Locke (social contract); Baron
Montesquieu (separation of powers); John Jacques
Rousseau (uncorrupted morals in natural law).
 Faith in Washington as a strong, fair “elective
king.” (Cult of the hero).
James Madison, a friend of
Thomas Jefferson, resented the
fact that small states (like New
Hampshire) had the same power
in the Federal legislature as the
larger states (like Madison’s
Virginia). Madison designed a
model for stronger Federal
government that would create a
strong executive figure and a
legislature that would assign
votes according a state’s
population.
The Convention opened at Freedom
Hall in Philadelphia in May 1787.
Calling for a “properly constituted
national government,” Edmund
Randolph introduced Madison’s
“Virginia Plan.” The convention was
deadlocked for 2 months over this
issue.
Leaders of smaller (population) states, like New
Jersey and Delaware, disliked Madison’s
“Virginia Plan” because they feared that the
large states would vote as a bloc and leave the
smaller states powerless. In response to
Madison, William Paterson of New Jersey (left)
offered a plan which would award each state
one vote in the legislative branch of
government.
Resolving this basic difference between the big
and the small would be the first challenge in
creating a new government.
Paterson ultimately supported the US
Constitution and after serving as a US Senator
for NJ, became a Supreme Court justice.
The deadlock over representation was broken by a “great
compromise,” dividing the new congress into two parts – a “house
of representatives” where states were given representatives
according to their populations; and a “senate” where two persons
represented each state. This compromised opened to the way to
completing a plan for the new government.
One reason the constitution gave broad powers to the office of
president was the certainty that the first president would be
George Washington. Washington’s public act in resigning his
commission as head of the army in 1783 (above) reassured
other leaders that Washington would use his powers wisely.
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A “three-fifths” compromise dealt with slavery by making each slave 3/5 of a
free person for census count (and representation). The “slave trade” (buying
slaves in Africa) was to be outlawed after 20 years.
A separate court system was created to be independent of the president and
congress, with judges granted life tenure on the Federal bench.
The Constitution guaranteed a “trail by jury” to all charged in “criminal
cases” (those that would lead to a jail sentence).
Judges and the president could be removed by impeachment.
The Federal government would manage the “national lands” by setting up new
territories and states.
No state could discriminate against citizens of other states.
The Constitution could be changed by amendments.
When the draft of the Constitution was completed, a major campaign was
undertaken to get the states to adopt the new form of government.
Writing as “The Federalist,” Alexander Hamilton, James Madison. And
John Jay (left to right), published 85 essays explaining the design of the
constitution and how it would create a stable government while protecting
the rights of individuals and the states.
Several state leaders opposed
the ratification of the
constitution, arguing that it
would create a government
that would become too
powerful and too remote from
by population at large. Luther
Martin (right), a brilliant but
eccentric lawyer in Maryland,
wrote several essays arguing
that the Federal government
would eventually “trample the
rights of the people.” The
constitution could not be put
into force until 9 of the 13
states accepted it.
Some of the most respected men at
the Constitutional Convention
opposed the ratification of the
Constitution unless it contained a “bill
of rights” that specifically spelled out
the rights of individuals. George
Mason of Virginia (left) had enough
influence to make ratification in
Virginia uncertain. Only after
Washington and Madison gave him
their word that the constitution would
be amended with a Bill of Rights did
Mason withdraw his objections
The Bill of Rights represented the
compromise between those who
feared government would become
too powerful, and those who feared
that without a strong Federal
government, society would fall into
anarchy.
In 1790, a brief uprising over a
Federal excise tax on whiskey
reflected the fear of anarchy.
In 1798, restrictions on the press (in
anticipation of war with France)
reflected the fear of big government.
When New Hampshire (the 9th
state) ratified the Constitution
in May 1788, an elaborate
celebration was held on July
4, 1788. But not until Virginia
and New York ratified the
Constitution (in July) did the
old Congress of the Articles of
Confederation call for an
election to choose a
president.
North Carolina and Rhode
Island held off joining the new
arrangement for more than a
year.
New York ratifies the Constitution and become the “11th Pillar” of the U.S.
Supporters of the Constitution regarded Massachusetts, Virginia,
Pennsylvania, and New York as the critical states – if any of these rejected
the new nation, it could well fail.
Washington was elected
president by a unanimous
ballot of the Electoral
Congress. He was
inaugurated in New York, the
temporary capital, on April
30, 1789. Despite the great
trust that the nation had in
Washington, he faced serious
challenges, including the
threat of war from Europe, a
large Federal debt, and a
divided cabinet.
America in 1789 was $77 million in
debt, nearly all of it due to the costs of
the revolution (in expenses for supplies,
pensions to the war’s veterans, etc.).
Alexander Hamilton, the Secretary of
the Treasury, proposed that the
government would pay off the debt
through taxes on overseas trade (called
tariffs), land sales, and long-term bonds
invested with “sound” banks.
Hamilton had more influence
with northern Congressmen
than anyone else.
While his proposal was a good one, it
would have the side-effect of helping
wealthy Americans (who owned the
revolutionary bonds of debt) get even
wealthier.
The Federal government had only
two sources of income – the sale of
lands in the west and the taxes
(tariffs) on imports from overseas.
As Secretary of the Treasury,
Hamilton persuaded Washington to
support creation of a “Bank of the
United States” that could handle
government finances and arrange
loans for the government.
Jefferson, the Secretary of State,
feared this bank would allow the
“wealthy and powerful” to sway
Federal policies.
Until a permanent site for the national capital was selected, the Federal
offices were in Philadelphia, where the Declaration of Independence had
been written. Southerners, fearing the growing clamor against slavery,
wanted the capital to be in a southern state.
This book of children’s verse uses
America’s new national symbol, the bald
eagle, taken from the Great Seal of the
United States. Educational materials -such as this book of child’s verses -included republican and patriotic themes.
New novels, plays, and other forms of
entertainment contained ‘lessons’ on the
role of the citizen in the new Federal
government – In Royall Tyler’s “The
Algerine Captive” the main character of the
story joins a slave-buying expedition.
Though he describes the horror of slavery,
he accepts its legality because it is
protected by the Constitution.
Congress Embarked on the Ship Constitution-- Jefferson and Madison
hoped that by relocating the capital to a new home on the Potomac, they
could 1) reduce the dangers of federal government corruption; 2) give
Virginia greater influence. In this cartoon the devil lures Congress to its
temporary home in Philadelphia.
As the leader of most
southerners in Congress,
Jefferson made a
“gentleman’s agreement”
with Hamilton. In return for
a promise to build the new
national capital on land
along the Potomac River,
Jefferson would get
Congress to approve
Hamilton’s plan for Federal
government finances. But
he stilled worried that
Hamilton’s ideas would hurt
“liberties” in the country.
Members of Congress were often at odds with one another.
Arguments were common and fistfights occurred from time to time;
even duels were fought outside the capitol building.
Representatives learned to make deals and trade votes.
As the only leader trusted by almost all the
voters, Washington reluctantly agreed to be reelected in 1796, rather than let the nation be
divided between the “Federalist” followers of
Hamilton and the “Republican” followers of
Jefferson.
Ironically, even though Jefferson and his
followers called themselves “Republicans”
(those who wanted a republic of limited
government powers), the political party they
created was later renamed the “Democratic
Party.” Every year since 1826, the Democrats
have held a celebration of Jefferson’s birthday
to honor him as the founder of their party.
Tecumseh and his half-brother
Tenskwatawa ("The Prophet")
fashioned a “First Nation”
movement among several tribes
and allied with the British to stop
further American settlements in
the west.
At its height, the First Nation
movement fielded thousands of
warriors against American militia.
But the unity of the tribes was
only temporary.
American militia under the
command of William Henry
Harrison and Richard
Johnson defeated
Tecumseh’s warriors
(depicted in this 1813
drawing as little black men) in
several battles. Johnson,
later credited with killing
Tecumseh, was later VicePresident and Harrison was
briefly President in 1841.
•Alien Act: Allowed the president to deport citizens of other
countries or imprison them.
•Naturalization Act: Required all foreign nationals to live in the US
for 14 years before being allowed American citizenship.
•Sedition Act: allowed the government to arrest and convict
publishers for “making false, scandalous and malicious” statements
about the government and its officials. Act was to run for 3 years.
In 1798, supported by followers of Hamilton in Congress, Adams pushed
through laws that he thought would help the U.S. counter British and
French pressures. These laws allowed the Federal government to curtail
foreign influence in the U.S. and to reduce newspaper criticism of the
government. Jefferson said that the Sedition Act was a “violation of the
liberty of speech (First Amendment) – but as yet, no court had the power to
determine the “constitutionality” of a law.
Jefferson’s opponents portrayed
him as an atheist who drew radical
ideas from the French Revolution.
In this image the American eagle
tries to prevent Jefferson from
throwing the Constitution into the
flames emanating from the altar of
Gallic (French) despotism.
Jefferson’s strength rested on
those who wanted land, new
states, new commercial
opportunities, and protection of
slavery.
In 1800, Jefferson defeated Adams but
the election had to be decided by the
House of Representatives. Aaron Burr
tried to win the election by intriguing for
electoral votes pledged to Jefferson.
Jefferson won in the House only
because his old rival Alexander Hamilton
persuaded some of his followers to vote
for Jefferson.
The 12th amendment was added to the
Constitution to create designated vicepresidential candidates.
On this sheet of paper, Thomas
Jefferson listed the names of the
major political leaders who helped
him win election to the presidency
in 1800. Next to many of the
names are the Federal offices he
planned to offer to each man.
Jefferson is credited with creating
the “spoils system,” in which a
president gave Federal jobs to
those loyal to him. But in fact, this
system was in use in Britain and
America long before the
Constitution was written.
When Missouri and Maine became states in 1820, the Congress
engineered an arrangement that limited slavery only to states
established south of the southern border of Missouri. This “Missouri
Compromise” would collapse within 25 years.
The Missouri Compromise established a new policy for dealing with slavery in
Western territories. The compromise drew an imaginary line across the map of
the United States. Land south of this line would be open to slavery, while territory
north of the line would be free.
Both Kentucky and Tennessee adopted slavery as part of their
agricultural economy. The creation of Mississippi Territory in 1804 was
another ‘advance’ for slavery. The Missouri Compromise opened the
southern parts of Louisiana to slavery
Under the laws of most southern states, slaves were property, not people. They
had almost no legal rights and could be bought and sold at will. Although some
southern states tried to prevent a child from being sold away from his mother, in
practice slave families were broken up whenever an owner wished to sell the father
or mother. This bothered many in the north – and in the south, where less than 5%
of the white population owned any slaves at all.
As the nation’s desire for new land grew, so too did the arguments over slavery.
Northern abolitionists cast copper tokens (used as pennies) that called for the end
of slavery. Southerners accused the northern states of harboring runaway slaves.
Compromises became more unlikely.
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