Chapter 7
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
New Jersey Plan
A constitutional proposal that would have given each state one vote in a new congress
Ordinance of 1785
A law that set up a plan for surveying western lands; this method is still used today.
Anti-Federalists
people who opposed the Constitution
Naturalization Act of 1790
restricted citizenship to "any alien, being a free white person" who had been in the U.S. for two years. In effect, it left out indentured servants, slaves, and most women.
Define the concept of the American "melting pot," as conceived by Hector St. John de Crèvecoeur, and explain how the Naturalization Act of 1790 created limits on who could achieve U.S. citizenship.
-Melting pot - individuals of all nations are melted into a new one; the American left behind all his ancient prejudices and manners and received new ones from the new mode of life he has embraced Congress restricted the process of becoming a citizen from abroad to "free white person". People not allowed were prostituted, convicted felons, lunatics, persons likely to become a "public charge", persons unwilling to renounce hereditary titles of nobility and any non-white immigrant
Treaty of Greenville
1795 treaty under which twelve Indian tribes ceded most of Ohio and Indiana to the federal government and which also established the "annuity" system.
three-fiths clause
A provision signed into the Constitution in 1787 that three-fifths of the slave population would be counted in determining each state's representation in the House of Representatives and its electoral votes for president.
gradual emancipation
A series of acts passed in state legislatures throughout the North in the years following the Revolution that freed slaves after they reached a certain age, following lengthy "apprenticeships."
The Federalist
A term used to describe supporters of the Constitution during ratification debates in state legislatures. Collection of eighty-five essays that appeared in the New York press in 1787-1788 in support of the Constitution; written by Alexander Hamilton, James Madison, and John Jay and published under the pseudonym "Publius."
Fugitive Slave Clause
Allowed runaway slaves or free blacks in the North to be captured and returned to the South, part of the Compromise of 1850
open immigration
American immigration laws under which nearly all white people could immigrate to the United States and become naturalized citizens.
Summarize the Anti-Federalist arguments against ratification of the Constitution, and contrast the regions that opposed ratification with those that generally supported it.
Anti-Federalists Opponents of the Constitution who saw it as a limitation on individual and states' rights; their demands led to the addition of a Bill of Rights to the document. -They argued that the Constitution denounced the documents protections for slavery; the powers of of Congress were so broad that that it might enact a law for abolition; the new gov't would fall under sway of merchants, creditors and other hostile to the interests of the ordinary American; they insisted a very extensive territory cannot be governed on the principles of freedom; they worried only men of wealth would have the resources to twin election to a nat't gov't -Maryland, New York, state politicians, small farmers and revolutionary heroes like John Hancock, Samuel Adams and Patrick Henry
Shay's Rebellion (1786)
Armed uprising of western Massachusetts debtors seeking lower taxes and an end to property foreclosures. Though quickly put down, the insurrection inspired fears of "mob rule" among leading Revolutionaries. Because seizure of land was occurring due to failure to pay taxes by debt-ridden farmers, the rebellion happened -Shay's Rebellion - attempt by MA farmer Daniel Shay's and 1200 compatriots seeking debt relief through issuance of paper currency and lower taxes, to prevent courts from seizing property from indebted farmers -This alarmed supports of a stronger nat'l gov't so that it could develop uniform economic policies and protect property owners from infringments on their rights by local majorities
Define the political concept of separation of powers (or "checks and balances"), and identify examples of how the roles of Congress and the president promote this objective.
Basically done to make sure that each branch is not abusing their power. (Check notes for full info)
. Explain why Madison believed that a Bill of Rights was unnecessary and even ineffectual, and explain how those rights reflect Jefferson's concept of "unalienable rights" in the Declaration of Independence.
Bill of Rights First ten amendments to the U.S. Constitution, adopted in 1791 to guarantee individual rights against infringement by the federal government. Madison thought it was unnecessary because he believed the balances of the Constitution would protect liberty. amendments restraining federal power would have no effect on the danger to liberty posed by unchecked majorities in the states and no list of rights could ever anticipate the numerous ways that Congress might operate in the future -9th amendment - rights not specifically mentioned in the constitution were retained by the people; 10th amendment - affirmed that powers not delegated to the national gov't or prohibited to the states continued to reside with the states
Contrast the concept of "civic nationalism" with that of "ethnic nationalism," and explain how the U.S. reflects a combination of each. (Hint: Note that "We the People" did not include everyone.)
Civic nationalism defines the nation as a community open to all those devoted to its political institutions and social values. Ethnic nationalism defines the nation as a community of descent based on shared ethnic heritage, language, and culture. The US lacked clear ethnic identity or long-established nat'l boundaries - all one had to do was commit oneself to an ideology of liberty, equality, and democracy. However, for most of history, American citizenship has been defined by blood as well as by political allegiance
Slave Trade Clause
Clause that allowed a commerce to be condemned by civilized society to be continued until 1808, meaning that Congress was not allowed to prohibit slavery until 1808.
Characterize the backgrounds of the overwhelming majority of the 55 delegates to the Constitutional Convention, and contrast them with the background of the average American citizen.
Constitutional Convention - Meeting in Philadelphia, May 25-September 17, 1787, of representatives from twelve colonies—excepting Rhode Island—to revise the existing Articles of Confederation; the convention soon resolved to produce an entirely new constitution. Including Washington, George Mason, and Benjamin Franklin, these were men of ability, weight, experience and wealth; most had been born into proper families and earned their livings as lawyers, merchants, planters and large farmers. Not many came from a poor or middle class family like much of the population.
Northwest Ordinance of 1787
Created the Northwest Territory (area north of the Ohio River and west of Pennsylvania), established conditions for self-government and statehood, included a Bill of Rights, and permanently prohibited slavery
Define the political concept of federalism, and assess how the Constitution's version of federalism transformed the degree of power of the national government would have over the states.
Federalism, A system of government in which power is divided between the central government and the states. (Check notes for their powers)
Explain Madison's growing concern regarding the political power of ordinary citizens, and how the large size of the U.S. would keep them from destabilizing the republic.
He said that gov't must be based on the will of the people yet the people had shown themselves susceptible to dangerous enthusiasms and had threatened property rights. He said these things would grow because economic development would inevitably increase the numbers of poor. The large size of the US included so many interests (economic, regional and political) that no single on would ever be able to take over the gov't and oppress the rest
Explain how the United States Congress dealt with the issue of claims to western land made by the original 13 states, and how the sale of public lands after the war ended up benefiting private land companies and large purchasers of land at the expense of ordinary settlers.
Indians were in the West, but Congress determined that the Indians forfeited their land by working with the British. Arguments like having farmers access the West would be economical. Others believed the land was a potential source of revenue, but unregulated settlement could lead to conflicts with Indians.
Characterize the view that Jefferson had of Indians, and describe how the U.S. government attempted to assimilate them into the white American model of civilization.
Jefferson believed that Indians merely lived at a less advanced stage of civilization and that they could become fullfledged members of the republic by abandoning communal landholding and hunting in favor of small-scale farming; once they possessed property, they could join us in our gov't and indeed mix you blood with ours. -Congress authorized Washington to distribute agricultural tools and livestock to Indian men and spinning wheels and looms to Indian women; Indians adopting gender norms was a crucial sign that they were becoming civilized
Summarize Jefferson's understanding of racial differences, and explain how he used it to justify slavery and racial inequality in general.
Jefferson claimed that blacks lacked, partly due to natural incapacity and partly because the bitter experience of slavery had (quite understandably, he felt) rendered them disloyal to the nation. He voiced the idea "as a suspicion only" that blacks "are inferior to the whites in the endowments both of body and mind; yet this unfortunate circumstance, he went on, is a powerful obstacle to the emancipation of these people. His belief that individuals abilities and achievements are shaped by social conditions inclined him to hope that no group was fixed permanently in a status of inferiority
Empire of Liberty
The idea, expressed by Jefferson, that the United States would not rule its new territories as colonies, but rather would eventually admit them as full member states.
Explain the significance of the Northwest Ordinance of 1787 for the future status of the West, and for the Indians who lived there.
Northwest Ordinance of 1787 -Law that created the Northwest Territory (area north of the Ohio River and west of Pennsylvania), established conditions for self-government and statehood, included a Bill of Rights, and permanently prohibited slavery. For the Indians, it would mean the eventual displacement of their land, whether through treaties, or payment, or voluntary removal.
Analyze how the Bill of Rights' protection of freedom of speech and the press marks a major change from the status of the press during the colonial period (described in Chapter 4).
Once an entitlement of members of Parliament and colonial assemblies, free speech came to be seen as a basic right of citizenship
annuity system
System of yearly payments to Native American tribes by which the federal government justified and institutionalized its interference in Indian tribal affairs.
Assess how the Constitution addresses the issue of religion and the relationship between church and state.
The Constitution was a purely secular document that contains no reference to God and bars religious tests for federal officeholders; 1st amendment prohibits the federal gov't from legislating on the subject of religion; the president of the united states is not elected by his religion. Madison made sure there was a separation of church and state by opposing the appointment of chaplains to serve congress and the military
Assess how the United States' first constitution, the Articles of Confederation, left the states with most of America's political power, and identify the specific powers the Articles withheld from the national government.
The articles sought to balance the need for national coordination of the War of Independence with widespread fear that centralized political power posed a danger to liberty. The 13 states retained their individual "sovereignty, freedom and independence. Nat'l gov't consisted of a one-house congress that cast a single vote per state. No president or judiciary. Major decisions were made by approval of nine states
Explain how the Constitution's creation of the Senate, the federal judicial branch, and the electoral college made the United States "less than democratic."
The delegates sought to shield the national government from the popular enthusiasms that had alarmed them during the 1780's and to ensure that the right kind of men would hold office. The people would remain sovereign, but they would choose among the elite to staff the new government.
Summarize the key arguments that Hamilton, Madison, and Jay made in support of a strong national government during the ratification debates.
They aimed for a government that would protect people's liberties and disabuse Americans of their fear of political power.
Explain why the Constitution does not contain the words "slave" or "slavery," and describe how it dealt with the issue in the Fugitive Slave Clause, the Three Fifths Clause, and the Slave Trade Clause.
They didn't contain the words because they feared the words would "contaminate the glorious fabric of American Liberty" and also because it might be unpleasant to see and hear for the American people. An act of Congress passed in 1800 made it illegal for Americans to engage in the slave trade between nations, and gave U.S. authorities the right to seize slave ships which were caught transporting slaves and confiscate their cargo
Explain why Congress (under the Articles of Confederation) could not pay the nation's debts after the war, and describe how the states stepped in to implement their own economic policies.
They were lacking in a source of revenue and they weren't able to trade with the West Indies, causing states to step up and create their own economic policies. Imposing tariffs on imported goods, printing and large sums of money
Ordinance of 1784
proposed by Thomas Jefferson, western territory divided into 10 self governing districts, each which could become a state when the population reached that of the smallest state.
Explain how the Virginia Plan would have placed political power in the hands of the most populous states, and how the New Jersey Plan would have preserved an equal sharing of power among the states.
Virginia Plan - Virginia's delegation to the Constitutional Convention's plan for a strong central government and a two-house legislature apportioned by population. New Jersey Plan - A constitutional proposal that would have given each state one vote in a new congress
