APUSH chapter 6 The Constitution and the New Republic
Sixth amendment
Speedy trial, impartial jury, to be informed of the nature and cause of the accusation, confronted with the witnesses, right to counsel
Domestic concerns - Western Lands
The Jay Treaty and Treaty of Greenville gave the federal government control of vast tracts of land. Congress encouraged rapid settlement of the land with the Public Land Act.
Trade
The Northern states: wanted the central government to regulate interstate commerce and foreign trade. The Southern states: was afraid that export taxes would be placed on its agricultural products such as tobacco and rice. Solved by the Commercial Compromise.
Ratification
The Philadelphia convention approved a draft of the Constitution to submit to the states for ratification. The Framers specified that only 9/13 votes were required for ratification.
Election of 1800 results
Thomas Jefferson vs. Aaron Burr. Jefferson won after tie-breaking vote in the House of Representatives. Democratic-Republicans took control of the House and the Senate when a new Congress met in March.
The Jay Treaty (1794)
** Washington sent Chief Justice John Jay on a mission to Britain to talk them out of its offensive practice of searching and seizing American ships and impressing seamen into the British navy. ** After a year of negotiations, Jaw brought back a treaty in which Britain agreed to evacuate its ports on the U.S. Western frontier, but said nothing about the British seizures of American merchant ships. Angered American supporters of France, but maintained the policy of neutrality and kept the U.S. at peace.
The Delegates of the Philadelphia convention
55 delegates; all were white, male, and most were college-educated. Relatively young and far wealthier than the average American of their day, well acquainted with law and politics, a number were lawyers and some helped write their state constitutions. The leaders of the convention all wanted to strengthen the young nation. The delegates voted to conduct their meetings in secret and appointed George Washington as chairperson.
The Annapolis Convention
A conference held in Mount Vernon, Virginia to review what could be done about the country's inability to overcome critical problems hosted representatives from Virginia, Maryland, Delaware, and Pennsylvania who agreed that the problems were serious enough to hold further discussions at a later meeting in Annapolis, Maryland, in which all the states might be represented. At this conference, James Madison and Alexander Hamilton convinced the others that the convention should be held in Philadelphia for the purpose of revising the articles of confederation.
Bill of Rights
A number of amendments listing peoples' rights. The first ten that were adopted, drafted largely by James Madison. Most of the protections have been extended to apply to abuses by state governments as well.
Drafting the constitution at Philadelphia
A number of states elected delegates to be sent to this convention. It called upon the states to send delegates to Philadelphia for "the sole and express purpose of revising the Articles of Confederation." Only Rhode Island did not sent delegates.
The Federalist Papers
A series of highly persuasive essays written for a New York newspaper by James Madison, Alexander Hamilton, and John Jay. Presented cogent reasons for believing in the practicality of each major provision of the Constitution.
Three-fifths compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes.
the Commercial Compromise
Allowed congress to regulate interstate and foreign commerce, including placing taxes on foreign imports, but it prohibited placing taxes on any exports.
Treaty of Greenville
American Indians surrender claims to the Ohio Territory and promised to open it up to settlement after losing the Battle of the Fallen Timbers.
French Revolution
Americans generally supported the French peoples' aspiration to establish a republic. However, the US-French alliance remained in effect, although it was an alliance with the French monarchy, not a revolutionary republic.
The Kentucky and Virginia Resolutions
Anger over the Alien and Sedition acts led Kentucky and Virginia to introduce resolutions that declared that the states had entered into a "compact" in forming the national government and, therefore, if any act of the federal government broke the compact, a state could nullify the federal law. Set forth an argument and rationale that would be widely used in the future.
Opponents of Hamilton's Financial Program
Anti-Federalists, who feared that the states would lose power to the extent that the central government gained it. Southern Anti-Federalists viewed Hamilton's program as benefitting only the rich at the expense of indebted farmers. Congress finally adopted the program in slightly modified form.
Domestic concerns - American Indians
As settlers continued to move westward and encroach on Native lands, the American Indians formed the Northwest Confederacy. The U.S. Army defeated the Confederacy tribes in 1794. The defeated peoples agreed to the Treaty of Greenville.
Judiciary Act of 1789
Established a Supreme Court with one chief justice and five associate justices. This highest court was empowered to rule on the constitutionality of decisions made by state courts. The act also provided for a system of 13 district courts and three circuit courts of appeals.
Public Land Act 1796
Established orderly procedures for dividing and selling federal lands at reasonable prices.
The Alien and Sedition Acts
Federalists gained power because of resentment towards France. The federalists took advantage of their victory by enacting laws to restrict their political opponents. Naturalization act: citizenship goes from 5 to 14 years Alien acts: authorized president to deport aliens and detain alien enemies in times of war Sedition acts: made it illegal for newspaper editors to criticize the president or congress and imposed fines or imprisonment for editors who violated the law.
The election of 1800
Federalists rapidly lost popularity because people disliked the Alien and Sedition acts and complained about new taxes imposed.
Differences between the parties
Federalists: Northeastern states; advocated growth of national power Democratic-Republicans: Southern states and Western frontier; argued for States' rights.
Arguments for/against a Bill of Rights
For: Americans had fought the Revolutionary War to escape a tyrannical government; only by adding a bill of rights could Americans be protected against such a possibility. Against: Since members of congress would be elected by the people, they did not need to be protected against themselves. People should assume all rights were protected rather than create a limited list of rights that might allow unscrupulous officials to assert that unlisted rights could be violated at will. Eventually agreed to a Bill of Rights.
First Amendment
Freedom of religion, speech, press, assembly, and petition
"Citizen" Genêt
French minister to the United States. Objected to Washington's policy. Appealed directly to the American people to support the French cause; this was extremely offensive and violated all laws of diplomacy, and Washington requested of the French government that he be removed. He eventually became a U.S. citizen.
National Bank
Hamilton argued that Congress had the power to create a national bank because of the document's "necessary and proper" clause. The proposed bank was voted into law. Although chartered by the federal government, the Bank of the United States was privately owned. As a major shareholder of the bank, the federal government could print paper currency and use federal deposits to stimulate business.
Domestic concerns - The Whisky Rebellion (1794)
Hamilton persuaded congress to pass taxes on whiskey. A group of farmers refused to pay the tax and began to rebel by attacking revenue collectors. Washington responded by federalizing 15,000 state militiamen, causing the Whiskey Rebellion to collapse with almost no bloodshed. This indicated the federal government's new strength to put down rebellions in contrast to the disastrous outcome of Shay's Rebellion.
Hamilton's Financial Program
Hamilton's plan: 1) Pay off the national debt at face value and have the federal government assume the war debts of the states 2) Protect the young nations "infant" industries and collect adequate revenues at the same time by imposing high taxes on imported goods 3) Create a national bank for depositing government funds and printing banknotes that would provide the basis for a stable U.S. currency. Support for this program came chiefly from northern merchants, who would gain directly from the taxes
Origins of political parties
In colonial times, groups of legislators commonly formed temporary factions and voted together either for or against a specific policy. In the 1790s, political parties began to form around two leading figures, Hamilton and Jefferson. The Federalists supported Hamilton, and the opposition party known as Democratic-Republicans supported Jefferson. Americans were also sharply divided over whether to support France.
Debt
Jefferson and his supporters agreed to Hamilton's urgent insistence that the U.S. government pay off the national debt and assume payment of the war debts of the states.
John Adams' presidency
John Adams - federalist candidate Thomas Jefferson - Democratic-Republican candidate Adams became president, Jefferson vice-president
Anti-Federalists
Leaders: George Mason, Patrick Henry, James Winthrop, John Hancock, George Clinton Arguments: Stronger central government would destroy the work of the Revolution, limit democracy, and restrict states' rights Strategy: Argued that the proposed Constitution contained no protection of individual rights, that it gave the central government more power than the British government ever had Advantages: Appealed to popular distrust of government based on colonial experiences Disadvantages: Poorly organized; slow to respond to Federalist challenge
Federalists
Leaders: George Washington, Benjamin Franklin, James Madison, Alexander Hamilton Arguments: Stronger central government was needed to maintain order and preserve the Union Strategy: Emphasized the weakness of the Articles of Confederation; showed their opponents as merely negative with no solutions Advantages: Strong leaders, well organized Disadvantages: Constitution was new and untried as originally written, it lacked a Bill of Rights
Eighth amendment
No excessive bail/cruel and unusual punishment
Third amendment
No soldier shall be quartered in any house
Fourth amendment
No unreasonable searches and seizures
The Presidency
Some argued that the president should hold office for life. The delegates limited the president's term to four years but with no limit on the number of terms. They also decided to create an electoral college because they were afraid that too much democracy would lead to mob rule. They finally decided to grant the president considerable power, including veto power over congress.
the Great Compromise
Provided for a two-house congress. In the Senate, states would have equal representation, but in the House of Representatives, each state would be represented according to the size of its population.
Fifth amendment
Right to a grand jury, no double jeopardy, no self-incrimination, right to due process
Second amendment
Right to bear arms
The Pinckney Treaty (1795)
Seeing the Jay treaty as a sign that the United States might be drawing closer to Spain's longtime foe Britain, Spain decided to consolidate its holdings in North America. According to the Pinckney Treaty, Spain agreed to open the lower Mississippi River and New Orleans to American trade so that Americans could transfer goods without paying taxes to the Spanish government. Also renegotiated Florida's boundaries.
Political Parties
The debates between Federalists and Anti-Federalists were the first indication that a two party system would emerge as a core feature of American politics.
Key Issues (Philadelphia)
The delegates disagreed sharply on the convention's fundamental purpose: some wanted to revise the articles, while strong nationalists wanted to draft a new document entirely. Madison and the other delegates wanted the constitution to be based on a system of checks and balances so that the power of each branch would be limited by the power of the others, in response to concerns of the American population who feared a strong central government would be capable of infringing on their rights. Key issues: -representation -slavery -trade -the presidency -ratification
Ninth amendment
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people
Representation
The issue of whether the larger states, such as Virginia, should have proportionally more representatives in Congress than the smaller states, such as New Jersey. Resolved by the Great Compromise.
Federal Court System
The only federal court mentioned in the constitution is the Supreme Court. Congress, however, was given the power to create other federal courts with lesser powers
A Peaceful Revolution
The peaceful passing of power was a rare event for the times and a major indication that the U.S. constitutional system would work. AKA Revolution of 1800.
Tenth amendment
The powers not delegated in the Constitution are reserved to the states, or to the people
The XYZ Affair
Three French agents asked for over ten million dollars in tribute before they would begin diplomatic talks with America. When Americans heard the news, they were outraged. Adams decided to strengthen the Navy to show France that America was a force to be reckoned with
Slavery
Two of the most contentious issues: -Should enslaved people be counted in the state populations? 3/5 compromise. -Should slave trade be allowed? Slave trade would be allowed for at least 20 years longer; by that time, congress could vote to abolish the practice if it wished.
Seventh amendment
Value of lawsuit should exceed $20
Virginia Plan vs. New Jersey plan
Virginia plan: proposed by James Madison - favored the large states New Jersey plan: favored the small states
Washington's farewell address
Warned Americans: -Not to get involved in European affairs -Not to make "permanent alliances" in foreign affairs -Not to form political parties -Not to fall into sectionalism
Executive Departments
Washington appointed four heads of departments: Thomas Jefferson, Secretary of State Alexander Hamilton, Secretary of the Treasury Henry Knox, secretary of war Edmund Randolph: attorney general These four men formed a cabinet of advisors with whom president Washington met regularly to discuss major policy issues.
Proclamation of Neutrality (1793)
Washington believed that the young nation was not strong enough to engage in a European war. He issued this proclamation to maintain peace, causing Jefferson to resign from the cabinet in disagreement.
Organizing the Federal Government
Washington took the oath of office as the first U.S. president in 1789. From then on, what the Constitution and its system of checks and balances actually meant in practice would be determined from day to day by the decisions of Congress, the president, and the Supreme Court
Foreign Affairs
Washington's first term as president coincided with the outbreak of revolution in France. His entire eight years as president were taken up with the question of whether to give U.S. support to France, France enemies, or neither side.
