Indicator 1.4
Articles of Confederation
WHAT: Colonies became states-people gave allegiance to states. Continental Congress creates new type
of government, confederation. Articles of Confederation provide that national government supreme in
some matters (like war/treaties) while states supreme in others
WHEN: Articles went into effect March 1781. Ratification delayed because of disagreements between
large states and small states.
KEY SUCCESSES
1. Land ordinance of 1785: creates plan for surveying and distributing western lands
2. Northwest Ordinance of 1787: plan for creating new states. Northwest Ordinance declared slavery
illegal in old Northwest Territory. This was first effort by national government to prohibit slavery in the
territories.
Land ordinance and Northwest Ordinance-greatest achievements of of the Confederation. Set plan for
future growth of nation.
Ratification of the Constitution
12 states meet in Philadelphia for the Constitutional Convention. Constitution was sent to special state
conventions for ratification.
FEDERALISTS
ANTI-FEDERALISTS
-Supported Constitution and a strong national
government
-Opposed Constitution
-Represented the elites of coastal areas
-Federalists James Madison, Alexander Hamilton,
and John Jay campaigned for ratification by writing
essays known as The Federalist Papers. Wanted
strong central government capable of protecting
rights of the people against local prejudices but
not so strong as to threaten liberties of the people.
-Backcountry farmers who feared power that elites
would have in strong government located far away
from the influence of the people
-Believed state governments more responsive to
the needs of the people
State vs. Federal
Power
Maintaining
Order
Economics
ARTICLES
CONSTITUTION
Power (sovereignty) rested with the
states, so central government was weak
and could not meet needs of nation.
Much stronger central government. Split power
between states and federal government.
Each state pursued its own interests.
No ability to maintain order. Unrest in
Shay’s Rebellion frightened elites. Armed
farmers demand closing of courts to avoid
losing farms through foreclosure. Shays’s
Rebellion—state militia defeats farmers
led by Daniel Shays.
-Confederation government could not
resolve trade/other disputes between
states. No judicial branch.
-Debts could not be paid; Rhode Island
rejects tariff on imports
Diplomatic
Relations
-Could not deal effectively with other
nations because:
a. Each state attempted to negotiate with
foregin powers separately.
b. No ability to tax, so there was no way to
raise an army that would give government
clout.
Examples:
-Could not force removal of British troops
-Could not get Spain to allow Americans
access through New Orleans to sea
Government
organization
National government given the power to levy
taxes so they could maintain the army to
“maintain domestic tranquility.”
-New government was given the exclusive
power to control interstate commerce and to
control the currency.
-A judicial branch of government was
established with the right to resolve disputes
between the states.
The national government was given the
exclusive right to make treaties with foreign
powers thus enhancing their abilities to protect
the United States’ interests diplomatically.
Compromise with Southern states: The federal
government would not attempt to limit the
international slave trade for at least 20 years.
[The international slave trade was made illegal
in 1808.]
-All states had to agree to amend Articles
of Confederation
-The new constitution would make it easier to
fix any unforeseen problems by including a
provision for amendment by 3/4 of the states.
No Executive: There was no executive
branch to carry out the will of the national
congress or a judiciary to resolve disputes.
Three branches of government, legislative,
executive, and judicial, each with its own
powers.
Had one house and each state delegation
had one vote, no matter how big or small
the population of that state might be.
Two houses. Senate/House. Senate-all states
have two senators. House-based on population.
Authority derived from the states so
delegates to the Confederation Congress
were selected by their state legislatures.
Authority to govern was granted by “We, the
people” to the national government.
1.5
Limited Government & the Constitution
I. Limited government: government must be controlled so that it cannot infringe on the rights of the people. The
Constitution limits the government.
A..Framers of the Constitution included protections in the structure of the government that limit the
power of the national government.
1. Federalism: limits power of national government by only delegating it some powers. Other
powers are reserved to the states. Still other powers are held concurrently by the states and the
nation.
2. Checks and balances: Power of the national government is divided into 3 branches: legislative
(makes laws), executive (executes laws), judicial (interprets law).
-Power of each branch limited by a competing power in another branch.
Example: Legislature can pass law, but the President can veto laws. The legislature can override
the veto with a supermajority vote.
Example:The executive branch has the power to make treaties with foreign governments but
only the Senate can ratify those treaties.
Example: Members of the judiciary and the chief executive can be removed from office with an
impeachment procedure carried out by the legislature.
3. Bill of Rights: The Bill of Rights (first ten amendments to Constitution) limited national
government from infringing on the rights of the people.
II. The Legislative Branch: Make the laws. The Framers based the government on republicanism (not to be
confused with the Republican Party). Republicanism means voters were to be represented by elected legislators
who would make decisions in the interests of the voters
A. Two houses of Congress:
House of Representatives: voters elect representatives. Since Framers believed in “no taxation without
representation,” they made all tax bills begin in House. Representation based on population.
Senate: Framers feared uncontrolled will of the people so they devised a system for indirect election of
senators. Each state has two votes.
B. Controversy at Constitutional Convention
It was not easy reaching an agreement on the House and Senate as they appeared in the Constitution.
Large states wanted to be represented based on population [Virginia Plan] while small states wanted to keep
their power and continue to have one vote per state [New Jersey Plan]. The compromise they reached is
called the Connecticut Compromise or Great Compromise.
C. 3/5ths Compromise
Who should be counted for purposes of representation?
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•
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This led to a debate about who should be counted for purposes of representation.
Southern states wanted to count slaves; Northern states, many of which were in the process of gradually
emancipating their slaves, did not want to give southern states this political advantage.
The so-called 3/5ths Compromise was that slaves were to count as 3/5ths of a person for the purposes of
both representation and taxation; however, no taxes were ever levied based on the population of the
states.
II. Executive Branch
President: Framers developed the electoral college to buffer the impact of the popular will on the
election of the president.
III. Judicial Branch
Judges: not elected by appointed by the chief executive (President) and confirmed by Senate
IV. BILL OF RIGHTS
Controversy centered on the lack of a bill of rights to protect the rights of the individual against an abusive
government. A compromise was reached when several states ratified only on the condition that a bill of right
would be added.
The new government becomes a reality in 1789
Adoption of a Bill of Rights: 1791, Bill of Rights-the first ten amendments to the Constitution were ratified by the
states.
•1791, Bill of Rights, or first ten amendments, ratified by states
First Amendment: freedom of religion, speech, press, politics
Second Amendment: right to bear arms
Third Amendment: Quartering troops
Fourth-Seventh: Rights for people accused of crimes
Eighth Amendment: Freedom from cruel and unusual punishment
Ninth-Tenth: People, states have all rights not specifically given to federal government
1.6 DEVELOPMENT OF THE TWO-PARTY SYSTEM
Washington Shapes the Executive Branch
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Washington elected first president of U.S. in 1789
•
Alexander Hamilton becomes secretary of treasury
•
Thomas Jefferson becomes Secretary of State
Important: The two-party system developed as a result of political differences between Alexander Hamilton and
Thomas Jefferson during George Washington’s first administration.
Both supported ratification of the Constitution but differences arose over Hamilton’s economic plan.....
TWO COMPETING PHILOSOPHIES: Adapted from textbook p. 185
HAMILTON
Concentrating power in federal
government
Fear of mob rule
JEFFERSON
Sharing power with state and local governments;
limited national government
Fear of absolute power or ruler
Loose interpretation of Constitution
National bank constitutional (loose
interpretion)
*Bank was established.
Economy based on shipping and
manufacturing
Payment of national and state debts
(favoring creditors).
*Plan approved in exchange for capital
being moved to DC.
Supporters: merchants, manufacturers,
landowners, investors, lawyers, clergy
Supported protective tariff
Strict interpretation of Constitution
National bank unconstitutional (strict interpretation)
Pushed excise tax that set off Whiskey
Rebellion (see pp. 186-187).
Economy based on farming
Payment of only the national debt (favoring debtors)
Supporters: the “plain people” (farmers,
tradespeople)
Believed democracy depended on the independence
of the farmer and did not want to promote the
development of industry.
Domestic disagreements made worse by emotional differences over foreign policy.
I. Reactions to the French Revolution
A. Federalists:
Pro-British: Hamilton supported the British in their war against the excesses of the French Revolution
because of long tradition and trade relations with the British
B. Democratic-Republicans:
Pro-French. When the French Revolution turned violent, Jefferson and Madison supported the French
despite the bloodshed, because the French Declaration of the Rights of Men and the Citizen was very
similar to the Declaration of Independence and because of the French alliance during the American
Revolution
C. Washington declares neutrality, will not support either side
D. First Party-Based Elections: 1796, Federalist John Adams elected president. Jefferson, a DemocraticRepublican, is vice-president
II. Disagreement between parties was heightened by other events:
1. Edmond Genêt incident, French diplomat, violates diplomatic protocol, recruited Americans for war
effort against Great Britain in violation of American neutrality
2. Jay’s Treaty: Chief Justice John Jay makes treaty with Britain, angers Americans.
3. XYZ Affair—French officials demand bribe to see foreign minister. Undeclared naval war rages
between France,
U.S. for two years
III. Alien and Sedition Acts
Genet Incident, Jay’s Treat, and the XYZ Affair led to the Alien and Sedition Acts. The acts were designed to
silence the outspoken and sometimes slanderous opposition of the Democratic-Republicans
WHY? Many Federalists fear French plot to overthrow U.S. government
Federalists suspicious of immigrants because:
- many are active Democratic-Republicans
- some are critical of Adams
WHAT? Alien Acts: raise residence requirements for citizenship
Sedition Act: fines, jail terms for hindering, lying about government. Some DemocraticRepublican editors, publishers, politicians jailed
RESPONSE: Virginia and Kentucky Resolutions
o
o
o
o
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Jefferson, Madison see Alien and Sedition Acts as misuse of power
Organize opposition in Virginia, Kentucky legislatures. Resolutions call acts violation of First
Amendment rights
Nullification—states have right to void laws deemed unconstitutional
Controversy contributed to Jefferson’s election in 1800.
The two-party system that evolved in the 1790’s became an important part of the American political
system.
I want to be sure something is clear from Indicator 1.6. The views of Hamilton were those of the
Federalist party and the views of Jefferson were those of the Democratic-Republicans. The notes
were not very clear on that last time. This is a very important point.
Indicator 1.7
The Development of Judicial Review
Since the writing of the Constitution, ideas about democracy have developed as a result of
decisions of the Supreme Court.
I. The Development of Judicial Review
A. Judiciary Act of 1789
The first Congress established the court system [Judiciary Act of 1789] because the Constitution did
not go into detail about how the judiciary (court) system should be set up.
B. Justice John Marshall
Federalist John Marshall was appointed by Federalist President John Adams. The Marshall Court is
an example that presidential power is felt longer after the appointing administration is gone
C. Marbury v. Madison
Began the precedent of judicial review as a vital part of the checks and balances system.
Landmark decision because it was first time the Court claimed the right of judicial review, which
is the right to determine the constitutionality of an act of Congress.
The Supreme Court under Marshall asserted its role as a vital third branch of government that
supported the principles of the Federalist party
D. Other key decisions of the Marshall Court
Only federal government could control interstate commerce (Gibbons v. Ogden)
State could not tax national bank (McCulloch v. Maryland)