The U.S. Constitution and the
New Republic
Themes
• The first Constitution’s achievements and
problems
• The Constitutional Convention (1787)
• Separation of Powers/Checks and Balances
• Washington’s Administration
• John Adams and war with France
Articles of Confederation
• From 1775-1781 the Continental Congress met in
Philadelphia to discuss a government without a
monarch.
• Delegates agreed upon the Articles of Confederation
1. Created a national legislature
2. Unanimous support was required to pass major
pieces of legislation
3. National government had no power to levy taxes
*Power belonged to the states*
Slavery post-American Revolution
• 1780 – Pennsylvania's legislature enacted a
gradual emancipation law. Slaves born by a
slave mother would be free at the age of 28.
• Rhode Island and Connecticut adopted
gradual emancipation laws in 1784.
• States such as Delaware, Maryland, and
Virginia rejected the emancipation laws.
• In the deep South- Carolinas and Georgia
believed that emancipation was unthinkable
Ordinance of 1785
(AoC)
• Dealt with land in Northwest Territory
1. Public land was divided into townships
2. Each township was divided into 36 sections
3. Each sections could be purchased for $1 per
acre
Goal: Raise money for the new found
government
Ordinance of 1785
(AoC)
Ordinance of 1785
(Result)
• Didn’t help raise as much money as the
government hoped for, but:
1. Established precedent for surveying and
selling public land
2. Impacted landscape by “checkerboard”
pattern
Northwest Ordinance
(1787)
• Provided process by which new states could join
the Union
1. Territories received one Representative in
Congress when population reached 5,000 voters
(white males)
2. Territories could apply for statehood when total
population reached 60,000
3. Freedom of religion and trial by jury were
protected; slavery was prohibited in Northwest
Territory
*Most important accomplishment of the Articles*
Land Ordinances
(Interesting Side Note)
• Thomas Jefferson
originally proposed
creating 14 new states
out of western lands
• One state named- Metropotamia
Problems with Articles of Confederation
1. Each state had one vote (regardless of its
population); unanimous support was needed for
major pieces of legislation
• Why should Virginia (pop.750,000) have an equal
amount of votes as Delaware (pop.60,000)?
2. Each state had the power to negotiate treaties,
coin their own money and declare war
*Problems led to Shay’s Rebellion*
Problems with Articles of Confederation
• Military payrolls were not being paid to
soldiers during the war and after the war
• With congress having no way to pay back the
soldiers, members saw this as an opportunity
to plead for the government to have the right
to tax
• Robert Morris, a Philadelphia merchant,
pleaded from 1781 – 1786 for the states to
give the government to power to tax
Shay’s Rebellion
(1786-87)
• Farmers in Massachusetts faced economic
hardships after American Revolution
• Taxes were too high; ONLY states have control
over taxes
• Daniel Shays led an army of 2,000 men marched
on the tax courts to prevent more foreclosures of
land
• General led a massive force to stop the rebellion
• Impact: Demonstrated the weakness of the
national government
Shay’s Rebellion
(1786-87)
• Shay’s Rebellion provoked fear and hope that
the government would do away with the
Articles of Confederation
• Knowing the problem would not stop with
Shay, delegates agreed to meet in Philadelphia
in 1786 to discuss what their next course of
action would be
Constitutional Convention
(Philadelphia, 1787)
• Included 55 delegates from all states EXCEPT
Rhode Island
• Attendance:
- George Washington (Chair)
- Benjamin Franklin (Diplomat)
- James Madison (Father of the Constitution)
- Alexander Hamilton (New York)
• Not in Attendance:
- Thomas Jefferson (Ambassador to France)
Virginia Plan
(Madison)
• Eliminate the Articles of Confederation
• Separate the government into 3 branches:
In order to protect the individual liberties of
citizens, the government power must be divided:
Legislative (most powerful)
Executive
Judicial
• Representation in the legislative branch would be
determined entirely by a state’s population
• Small states vs. Large States
The New Jersey Plan
• Delegates from New Jersey, Connecticut,
Delaware, and New Hampshire proposed the
New Jersey Plan
• Legislature: Maintained the existing singlehouse congress in which each state had ONE
vote
• Executive: Called for a plural presidency to be
shared by three men elected by congress
Great Compromise
• Benjamin Franklin – “Great Compromiser”
- Separate the Legislative Branch into two sections: the
House of Representatives and the Senate
House of Rep – each state was given at least one
Representative; representation was then based on
population
Senate – Two for each state
*Both the New Jersey Plan and Virginia Plan were used*
3 Branches of Government
(Checks and Balances)
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Executive Branch – President and his administrative staff
Job: Enforces Laws
Checks: Nominates Supreme Court Justices and Federal Justices
Checks: Can propose legislation
Legislative Branch – House of Representatives and Senate (Congress)
Job: Writes Laws
Checks: Senate confirms or rejects judicial nominations
Checks: Passes legislation
Can declare war
Judicial Branch – Supreme Court and Federal Courts
Job: Interprets Laws
Checks: Can declare Presidential actions to be unconstitutional
Checks: can declare legislation unconstitutional
Impeachment and Removal
1. Impeachment: to bring official charges
against an individual (majority vote in HoR)
2. Trial/Removal: The individual stands trial
(Senate acts as jury; 2/3 majority vote
needed for removal
Constitutional Convention and Slavery
• Should slaves be counted when determining a
state’s population??
Constitutional Convention and Slavery
• States with a large number of slaves argued yes
(Southern states)
• States with a small population of slaves opposed
(Northern states)
*After the American Revolution states such as
Massachusetts and Pennsylvania began to slowly
abolish slavery*
Agreement: 3/5 Compromise by Roger Sherman
(Conn.)
- One slave is equal to 3/5 of a person when
determining a state’s population
Constitutional Convention and Slavery
• Fugitive Slave Law allowed for return of
runaway slaves
• Congress could not outlaw African Slave Trade
until 1808
Fight for Ratification
• Federalists: Supporters of the new
Constitution (pro-strong central government)
• Anti-federalist: Remained opposed due to
concerns over civil liberties
• New Hampshire became the 9th state to ratify
in June 1788
Constitutional Convention Ends
(September 1787)
Judiciary Act of 1789
• This act, passed by Congress, organizes the
Judicial Branch
• Supreme Court: six members
- John Jay became first Chief Justice
• Established federal courts in each state
• Authorized Supreme Court to review state
court decisions
Constitution Ratified in 1791
• The Bill of Rights were added to appease Anti-Federalists
• Author – James Madison who did not deem it necessary to
add it but was persuaded by Thomas Jefferson while in
France
• First Amendment:
-Free speech, press, religion, assembly, petition
• Second Amendment:
- No large standing army; people had the right to bear arms
• Prohibited unreasonable searches
• Protected the rights of the accused: Jury trials, cruel and
unusual punishment
Signers of the Constitution
• Known Masons (9): Gunning Bedford, Jr., John
Blair, David Brearly, Jacob Broom, Daniel Carrol,
John Dickson, Benjamin Franklin, King Rufus,
George Washington
• Evidence of Membership/Affiliations (9):
Abraham Baldwin, William Blount, Nicholas
Gilman, Alexander Hamilton, James Madison,
George Read, Robert Morris, Roger Sherman
• Those who later became Masons (6): Jonathan
Dayton, Dr. James McHenry, William Paterson,
Daniel of St. Thomas Jenifer
The First President
• George Washington did not seek the Presidency
• The colonists wanted him to become King George
I but he declined the title
• Electoral College unanimously chose him to be
President in 1789
• John Adams became Vice President
• Each step George Washington took during his
presidency would be a model for future
presidents
Washington’s Cabinet
• Henry Knox (MA)
- Secretary of War
• Edmund Randolph (VA)
-Attorney General
• Thomas Jefferson (VA)
- Secretary of State
• Alexander Hamilton (NY)
- Secretary of Treasury
Alexander Hamilton
(Secretary of Treasury)
• Served under Washington during Revolutionary War
• Hoped to concentrate debt in the national
government; not the states
- large investors were the key to fixing the debt
• US debt: $54 million
• Hamilton hoped to pay off foreign debt first. Then have
national government assume state debt
• Many states in the south (ex. Virginia) were against this
plan because they had already paid their debts off
National Debt: Compromise
• Representative from the South agreed to
comply by Hamilton’s plan
• In return, U.S. capital would be located in the
South (Washington D.C.)
Bank of United States
• Hamilton supported creation of a national
Bank of the United States:
1. Provide a safe place to deposit the
government’s money
2. Help regulate state banks
• Jefferson – Bank is unconstitutional; This
right is reserved to the states
• Hamilton – Bank is constitutional;
Washington signed the bill into law
Whiskey Rebellion
(1794)
• In order to raise revenue in America,
Alexander Hamilton raised the taxes on
whiskey
• Farmers in western Pennsylvania protested
• Washington was allowed to send a massive
force of militia to stop the rebellion
*The U.S. Constitution in action works*
Jay’s Treaty 1794
• Treaty with Great Britain
- The withdrawal of British soldiers from posts in
the American West
- A commission to be established to settle
outstanding border issues between the U.S. and
Canada
- Opened peaceful trade between Britain and
the United States for ten years
• Angered the French
Treaty of Grenville
(1795)
Treaty of Grenville
(1795)
• A peace treaty between the United States and
Indian Tribes of the Ohio River Valley
• Indian Tribes: Delawares, Shawnees, Ottawas,
Miamis, Weas, Kickapoos, etc.
• Ended the warfare in the area; All prisoners on
both sides returned
• Established a definite boundary between
Indian lands and lands open to white
settlement
Land West of Appalachian Mountains
• With the land now open in the Northwest
Territory, Americans are now looking for a safe
passage into New Orleans
• With the defeat of the French during the
French and Indian War, the Louisiana Territory
now belongs to the Spanish
Spain
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Americans wanted to gain access to port of New
Orleans
Thomas Pinckney was sent to Spain to negotiate
a treaty to allow access to disputed territories
Pinckney’s Treaty (1796)
- Granted Americans free access to Mississippi
River and New Orleans
Pinckney’s Treaty was a great accomplishment
for United States
Disputed land in the Southwest
End of George Washington’s
Presidency (1797)
• Two political parties emerged
• Federalists – Led by Hamilton, Washington, Adams
- Location: Northeast
- Interests: Strong Central Government, Pro-business,
Pro-British in foreign policy
• Democratic-Republicans – Led by Jefferson and
Madison
- Location: South and West
- Issues: States Rights and Small Farmers, Pro-French in
foreign policy
Farewell Address
• Condemned political parties
• Warned of entangling alliances
• Established two term limit for future
presidents
John Adams
(1797 – 1801)
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2nd President of the United States
Washington’s Vice President and a Federalist
Jefferson ran against Adams for Presidency
Adams won the Presidency but Jefferson
became Vice President because he finished 2nd
*Wont be fixed until the 12 Amendment in 1804*
XYZ Affair
(1797)
• France was angered by the American treaty with
England (Jay’s Treaty, which called for neutrality)
• France began seizing American trade ships
• Adams sent diplomats to France but were turned
away by the French government
• American diplomats met with XYZ; if U.S. paid
$250,000 then the French would ONLY meet with
them to talk
• Americans refused and anti-French sentiment
was very popular in America
Quasi-War with France
• Americans fought French in Caribbean, yet no
declaration of war
• Alien and Sedition Acts (1798):
- President could expel any foreigner he deemed
to be a threat
- Foreigners could be deported or jailed by
President during wartime
- Residency for citizenship was increased from 5
to 14 years
Virginia and Kentucky Resolutions
(1798)
• Democratic-Republicans very angry about
Alien and Sedition Acts; believe its
unconstitutional
1. If national government overstepped its
powers, states could nullify laws
• Resolutions written by Thomas Jefferson and
James Madison
Review
• Accomplishments and failures of Articles of
Confederation
• Key provisions of U.S. Constitution
• Difference between the Articles of Confederation
and the U.S. Constitution
• System of separation of powers/checks and
balances
• Many events from the Presidencies of
Washington and Adams
• Power of central government vs. states